13
THE VIRGINIA COMPANY
The charter to the Virginia Company granted by King James provided for the incorporation of two companies:
the London Company and the Plymouth Company.
It was the London Company that established the first
permanent English colony in America; the expedition of one hundred and twenty settlers who left England in
December, 1606, made their first landfall at Cape Henry, April 29, 1607, and planted a colony at Jamestown
May 14.
As is always the case, the passage of time and the development of the technology of the times gradually
brought the prospect of travel to the New world closer to the average man of the street.
In anticipation of the flood of people to the New World which was, in a time not too far off, inevitable, and in order to take advantage of the possibilities for trade and commerce which would then be afforded, in 1604,
a
group of prominent statesmen, businessmen, merchants, financiers and manufacturers assembled in
Greenwich, in the County of Kent, England, to create and form a Corporation. Joint Stock Company and Body
Politic which was to be known as and called "The Virginia Company."
Given that the New World was an extension of the British Empire Across the sea, and the colonies formed
therein were operating under the auspices of the Virginia company, the criminal courts in the new colonies
were therefore and thereby to operate under Admiralty Law (the law of the sea). The Civil Courts (those of
Chancery and Equity) were to operate under Common Law (the law of the land).
The Criminal Courts of the United States still operate today under Admiralty Law.
As are all corporations and business organizations, the Virginia Company was formed for several purposes,
the
primary one of which was to make a profit. Other secondary purposes were to afford various and sundry
people from royalty to commoner the opportunity to invest in the shares of the corporation in the hope of
making a profit (by dividend or capital gain, or simply the enjoyment of the fruits of their labours), and the
opportunity and vehicle for the raising of venture capital to support various adventure oriented enterprises of
exploration and settlement.
The Virginia Company, given that its primary stockholder and Chief Executive Officer (CEO) was none other
than The King (James I), King of England, Scotland, France, and Ireland on the date of April 10, 1606, had at
its disposal all kinds and types of legal, commercial and other experts and consultants who were ready and
willing to offer their services in the service of the company (and therefore the Crown).
The original charter of the Virginia Company was written and completed by April 10, 1606, as has already
been stated, but later, to afford change to meet the varying environmental circumstances, two subsequent
Charters were developed and adopted, and in addition several sets of Royal orders, ordinances and
constitutions were also interspersed.
The main points and topics covered by these three Charters and the
various royal orders, ordinances and constitutions are as follows:
The First Charter of
the Virginia Company
Colonial Position and Size
The First charter gave the King's permission and license to the several petitioners for them to create several
plantations in two colonics which were to be formed on the main land of the east coast of the American
continent from the latitude of thirty four (34) degrees north of the equator (at. approximately, Carolina Beach,
south of Wilmington. North Carolina) to forty five (45) degrees north of the equator (about where the present
Canadian / U.S. Border is in the State of Vermont);
"In that part of America commonly called Virginia, and into other parts or territories in America either
appertaining to us or which are not now actually possessed by any Christian Prince or People" and the same colony was to include any islands offshore of the mainland within one hundred (100) miles of
the
shoreline, and between the same above mentioned latitudes.
There were initially to be formed two colonies. Colony number one (1) was to be composed of several and
diverse "knights, gentlemen, merchants and other adventurers of our city of London, and elsewhere, and was
to be situated in that same area between thirty four (34) degrees north of the equator to forty one (41) degrees
north of the equator, and for a distance north and south along the coast of the original point of settlement of
fifty (50) miles, and a distance inland from the coast of one hundred (100) miles, the second colony was to be
made up of "sundry knights, gentlemen, merchants and other adventurers of our cities of Bristol and Exeter,
and of our town of Plymouth, and of other places which do join themselves unto that colony" and was to be
situated in that same area between thirty eight (38) degrees north of the equator to forty five (45) degrees north
of the equator, and for a distance north and south along the coast of the original point of settlement of fifty (50) miles, and a distance inland from the coast of one hundred (100) miles.
Each of the two original colonies thereby settled could be placed anywhere on the American coastline within
the given parameters, and would, when mapped and laid out, form two squares each of 10,000 square miles,
and each with four sides, each side being 100 miles long, and there was to be at least one hundred (100) miles
between the two colonies.
Colonial Councils
There were to be formed three (3) Councils, one each in the relative Colonies, and One overseeing Council
formed in England.
The two Colonial Councils, one in each colony, were to be composed of thirteen members appointed to the
councils by the overseeing council in England, and both these councils were to answer to the overseeing
Council in England.
The overseeing Council was to be composed of thirteen members, each member to be
appointed by the King himself (or his heirs and successor).
Natural Resources
The Colonists were to "have all the lands, soils, grounds, havens, ports, rivers, mines, minerals, woods,
marshes, waters, fishings, commodities and hereditaments whatsoever", but, such riches were to be "had" at an
expense.
This expense was to form part of a contract which was to be binding upon anyone who was one of
the original formers of the Virginia Company, or any of their heirs or successors or assignees, or anyone, their
successors and assignees who later "joined" the Virginia Company or any or either of the two or any future
colonies and was explained in two paragraphs;
"And moreover we do grant and agree for us, our heirs and successors, that the said several councils of and for
the said several Colonies shall and lawfully may by virtue hereof, from time to time, without interruption of
us,
our heirs or successors, give and take order to dig, mine and search for all manner of mines of gold, silver and
copper, as well within any part of their said several Colonies as of the said many lands on the backside of the
same Colonies; and to have and enjoy the gold, silver and copper to be gotten there of to the use and behoove
of the same Colonies and the plantations thereof; yielding therefore yearly to us, our heirs and successors, the
fifty parts per hundred] only of all the same gold and silver and the fifteen part[s per hundred] of all the same
copper so to be gotten or had, as is aforesaid, and without any other manner of profit or account to be given or
yielded to us, our heirs or successors, for or in respect of the same.
And that they shall or lawfully may establish and cause to be made a coin, to pass current there between the
people of those several Colonies for the more ease of traffic and bargaining between and among them and the
natives there, of such metal and in such manner and form as the same several Councils there shall limit and
appoint."
To belabor the point and for clarity of understanding for the reader who does not quite grasp the significance
of these two paragraphs and for the clarification of some of the statements made in some of the future chapters
of this book, please note that fifty per cent (50%) of all gold and silver and fifteen per cent (15%) of all copper
which was to thereafter be extracted from the ground belonged, under the terms of this Virginia Company covenant, to the English Crown and was to be transported back to England on an Annual basis.
This covenant
is still in force today for all honorable men and descendants of the original colonial founders and the
descendants of all those who later were to "join" the Virginia Company.
116s
Import:-Duties, Imposts and Excises
The Colonists were empowered to seize any ship, vessel, merchant, or trader who was found to be trading
goods and commodities with the Colony or members of the Colony and. if the trader was not a member of that
particular colony, to charge that trader a Duty, impost, or excise which was to be paid the Treasurer of the
Colony. If the trader was so subject to payment of the duty was a subject of the British Crown, then the
amount of the duty to be paid by the trader was to be two and a half percent (2 1/2%) on the value of anything
traded; if he was not a subject of the British Crown, then the amount of the duty to be paid was to be five
percent (5%).
These Duties, imposts and excises, for a period of twenty one (21) years from the date of the formation of the Virginia Company, were to be used by the Colony which collected them for the sole and exclusive use of the Colony, and thereafter the money from such duties was to be paid directly to the Agent of the Crown who was appointed by the Crown specifically for the purpose of acting as the Crown's Treasurer in that Colony.
Exports
No Colonist could transport any goods, chattels, commodities or such out of the colony for sale or trade with any other foreign person or entity or country without the express and prior permission of the Crown of England, and to do so would cause the total forfeiture of all that exporters assets and the ship or vessel or vehicle which transported him and his wares.
Land, Tenements and Hereditaments
Of course, the colonists would need to cultivate the land and grow the food necessary for their survival, so to that end the statement of; "And finally we do. for us, our heirs and successors, grant and agree...that we, our heirs and successors..shall by letters patents bearing the great seal of England grant unto such persons (the Council), their heirs and assignees..all the lands, tenements and hereditaments which shall be within the precincts limited for that colony 10,000 square miles in a square with each side being 100 miles long, as is aforesaid, to be holden of us, our heirs and successors, as of our manor of East Greenwich in the County of Kent, in "free soccage" only and not in "capite", was entered into the first charter.
The statement "to be holden of us...in free soccage only and not in "capite" meant that the colonists were granted the land under a Deed of Trust and they could not claim ownership of the land, ownership was retained by the Crown.
They could use the land for themselves, and pass the perpetual use of their particular piece of land on to their heirs and successors (by blood, marriage or adoption) and assignees.
They could sell the perpetual use of a part (or all) of their piece of land to someone else, but the original ownership of the land was claimed and retained by the Crown.
They were to nominate and appoint the members of the Councils of the two first settled colonies and to cause each of the two Councils to nominate and appoint one of their own members "not being a a minister of God's word" to be the President of his respective Council, with the position to be held for one year maximum, and to have another President, but not the same person as formerly held the position, thereafter re-elected by the same Council.
These same two colonial councils were to be subservient to the "full authority" of the King's council in England.
The King, through his English Council, not only requested, but required that the members of the colonies "with all diligence, care and respect do provide that the true word of God and Christian faith be preached, planted and used, not only within every of the several said colonies and plantations but also as much as they may amongst the savage people which do or shall adjoin us to them or border upon them, according to the doctrine, rights and religion now professed and established within our realm of England".
Laws, criminal and civil
Criminal
All criminal offences or offences against the State or the King, were tried, as has been said before, under Admiralty Law.
Those offences of tumults, rebellions, conspiracies, mutiny and sedition which "may be dangerous to the estate there" (the degree of "dangerousness" being decided by the local Council of authority), and murder, manslaughter, rape, incest and adultery were all punishable by death, and, except on the case of manslaughter, the convict was not to be allowed "the benefit of the clergy".
All cases were to be tried by the Council of authority before a jury of twelve honest and indifferent persons who were to either convict or acquit the accused.
Should the accused confess to the crime, or remain mute in answer to his accusers, then he would be convicted as if the jury had deliberated and convicted him.
The Colonial Councils also had the sole power of sentencing the convicted to death, but the ability of granting pardon to the convict was reserved solely by the King.
Where a criminal was suspected of having committed an offence outside the boundaries of the colony could be brought back to the colony for trial.
Should any member of the colonies be kidnapped and removed from any of the colonies by an outsider, then the kidnapper, should he or they be caught, were to be imprisoned "until he (or they) shall fully and thoroughly reform himself.
Should this miraculous reformation not take place, then the malcontent(s) were to be speedily exported to England where he or they would (presumably) be suitably punished at the King's pleasure.
Civil
Any civil complaints registered by the members of either colony were to be taken care of by the respective Colonial Councils "as near to the Common Laws of England and the equity thereof as may be", and the local Council "shall have power and authority...to hear and determine all and every other wrongs, trespass, offences and misdemeanors whatsoever...upon accusation of any person and proof thereof made by sufficient witness upon oath: and the Councils were granted the authority to punish the offenders "by reasonable corporal punishment and imprisonment or else by a convenient fine, awarding damages, or other satisfaction to the party aggrieved", the Council determining the amount and severity of the punishment "having regard to the quality of the offence or the state of the cause".
Any and all judgements and sentences, weather criminal or civil, were to be registered in a book created and maintained for that specific purpose.
Warehouses
For the first five years immediately after the initial settlement, the colonists were to bring all their produce and place it in a warehouse specifically constructed for the purpose.
In addition to the local produce, everything thereafter brought to the Colonies from England was also to be placed in the warehouse.
Each year the Council was to elect a Warehouseman, named the "Treasurer" or "Cape Merchant" to take charge of and manage the commodities stored in his care.
This person could be re-elected by the Council upon the expiration of his one year term of office. In addition, two book-keepers were to be appointed, each also for a term of one year, one to keep a register of all things being brought into the warehouse, and one to keep a similar book of all things being removed from it.
Everyone in the Colony was to be supplied from that one warehouse, and all in the warehouse was to be considered as belonging to the Colony.
To assist in trading to, from and by this one warehouse, everyone of the colonies, for the first five years, shall "trade together all in one stock".
This meant that they were given Royal orders to adopt a form of "warehouse banking", where the individual would take his product to the warehouse, and place it on deposit there, receiving in return a receipt, which receipt could be readily traded for other goods or services.
This was the original form of paper currency (see the chapter "Money and banking") and it greatly facilitated trade and growth in the formative years of colonial existence. In order to better keep a check on the trading with the colonies, the first colonial council was required to choose one or more "companies", each of not less than three people who resided in, or close to London (England), and the second colonial council was to choose one or more similar companies, each of three or more people from the town of Plymouth, in the county of Devon (England).
The purpose of each of these Companies was to take charge of the trade and accounting of all goods which both went out to and were received from its respective colony, from whichever port or ports in England which was used for export or import, "and of all things concerning the managing of the affairs and profits of the adventurers of that (respective) Company".
Finally, nobody was to be allowed to be admitted as an immigrant into any of the colonies unless they swore an oath of allegiance to the King (or Crown), an oath to Parliament, which also had sworn allegiance to the King, and an oath to the effect that they would always trade in and through the port or ports which managed the trade with the colonies.
The Royal Ordinance and
Constitution, March 9, 1607
The first section of this ordinance enlarged the Kings Councils for the two colonies, and that, because of the distance between the members of each of the councils, that twelve men met together where six at least were to be members of one colony and six at least were to be members of the other colony, were to be considered enough persons (a quorum) to vote on any particular issue, and they were given power to vote upon broader and more far reaching issues than ever before.
The Second Charter of the
Virginia Company, May 23, 1609
Granted to a diverse number of persons, who were thereafter referred to as "The Treasurer and Company of Adventurers and Planters of the City of London for the First Colony in Virginia" all the land of Virginia from a point two hundred miles south of Point Comfort to a point two hundred miles north of Point Comfort and west and northwest from sea to sea, except for the land formerly granted to the second colony, and any other land at that time held by "any Christian Prince or peoples".
The King also appointed a new King's Council for the Colonies, naming Sir Thomas Smith as the Treasurer of the Company.
The King's Council was to appoint a Governor, who, upon his arrival in the colony, was to inform all the colonists then resident, whether from the new or the older colonies, that he had the full authority of the King in all matters, and that thereafter all laws and constitutions formerly made by them were to be considered null and void, and any and all officers formerly appointed were thereafter formerly discharged and dismissed from office.
Thus, in 1609, the new "Treasurer and Company of Adventurers" absorbed the old colonies, consolidating all which had been created before into one Corporation and Body Politic, and extended the boundaries of the colony "from sea to sea" (Atlantic to Pacific).
A quorum of four of the Kings Council had the power to admit anyone to the Company, but a majority vote was required to expel anyone.
The new colonists were given leave, for the space of seven years from the start of their colonization, to be allowed to export whatever they deemed necessary for the development of their new colony out from England and to trade generally "without yielding or paying subsidy, custom, imposition, or any other tax or duties".
The colony in Virginia, and the members of that colony were granted the same privileges for the space of twenty one years, except for the general custom of merchants, where five per cent (5%) of the commodity was payable in customs duties, but which could thereafter be exported within thirteen months free of any other duties, imposts or excises.
Anyone found attempting to smuggle goods into the colony who was not a member of the colony, but being from within the "realms" of England was to pay the same five percent in duties, and other person's not from the colony or British realms were to pay fifteen percent (15%). both amounts being paid to the Treasurer, and for the first twenty years to be used by the Treasurer for the benefit of the Colony, after that, the money was to go to the Crown of England. Any person born in the Colony was to be considered a native of that colony, but in addition was to have and enjoy all the privileges of being a member of the Kings Realm, and a Subject of the King, as if they had been abiding and born within this our kingdom of England or in any other of our dominion".
The Treasurer and Company and their successors, and the governors, officers and ministers appointed were granted full powers in the prosecution of civil, criminal, and marine matters as and when deemed fit, and the governor, as emissary of the King and the Treasurer was granted full power and authority to declare, establish and maintain martial law at will.
As in the first Charter, fifty percent of all gold and silver was considered to belong to the Crown, and anyone exporting goods, chattels or money to foreign parts without a license forfeited everything he owned as well as caused the ship in which he was traveling to be seized.
Any prior Charter and letters patents, orders, ordinances, and constitutions, including all the rights, privileges, franchises etc., were by this Charter of May including all the rights, privileges, franchises etc., were by this Charter of May 23, 1609, declared to be revoked, altered, changed or abridged.
Any person by and after this Charter, by advancing any sum of money for investment in the "Company" (I.E. in Virginia) was thereby granted the Privilege of automatic admission into the Company, and shall be enrolled in the book or record of the Adventurers of the said Company, shall and may be accounted, accepted, taken, held and reputed Adventurers of the said Colony and shall and may enjoy all and singular the grants, privileges, liberties, benefits, profits, commodities [and immunities], advantages and emoluments what so ever as fully, largely, amply and absolutely as if they and every of them had been precisely, plainly, singularly and distinctly named and inserted in this our letters patents'.
The black boxes were to be taken from England to the Colonies, and opened by the succeeding members of the Colony only upon the death of the governor, and therein the colonists would find the name of the individual who the King required be instated as the successor governor.
The other black box was to be opened should the governor take a long leave of absence or resign the post, and another (maybe the same, maybe not) name would be found therein.
More important than all said before in these instructions, were the instructions that the governor was required by the King to keep secret all and every correspondence from the King to himself..." to keep secret to yourselves, unsealed and unbroken up, all such letters, schedules and instruments and whatsoever we shall deliver to you under our seal"....
"...in the seventh year of His reign of England, France & Ireland and Scotland the Two and Fortieth".
Virginia Council "Instructions, orders
and Constitutions to Sir Thomas West,
Knight. Lord La Warr" -1609/1610
Clause 1. Gave general directions as to the transportation etc., cargo and persons to be taken to the new colonies, while taking care not to run into the Spaniards along the way, generally charging "their lordships" to give safe passage to the Americas.
Clause 2. Instructions for Sir Thomas West, upon landing, to call to a meeting all the elders and leaders of the colonies, and there at the meeting to proclaim himself, as per the wishes of the King, as Governor of the colonies, and to also give notice of the abolition, again per the wishes of the King, of all former and other forms of self government.
Having done that, the new governor was to administer the oath of supremacy (as called for in the previous letter above recited), and also to declare null and void any and all private and public quarrels and have every body start of anew as good neighbors with everybody else!
Clause 3. The new governor was then to "demand and resume into his hands all former commissions and all instructions and public instruments given or sent to them and all books and records whatsoever of all the proceedings up to this time and dispose of all their offices and places in the future...except the office of the Lieutenant Governor (Sir Thomas Gates)., and the office of Marshall upon Sir Thomas Dale... and the office of Admiral upon Sir George Sumers,.. and the office of Vice Admiral upon Captain Newport".
Clause 4. The sailors were then to go fishing prior to their return to England for "Sturgeons and other fish" and also any other freight they considered applicable and head back hotfoot for home.
Clause 5. Provided instructions for the planting of provision harvests, and
Clause 6. Provided for the training of an army, or militia:-"As touching your landsmen, we think fit your Lordship should reduce them all into several bands and companies of fifty or more when you think good and to commit the charge of them to several officers and captains to be exercised and trained up in martial manner and warlike discipline..."
Clauses 7 and 8. Once again threw the Christian ideologies into the "system" by instructing the good Lord (La Warr) to make sure that the preachers had their merry way with the people and just to make sure the people obeyed he was also to "proceed in the punishing of all atheism, prophanism, popery and schism by exemplary punishment to the honor of God and to the peace and safety of his Church over which in this tenderness and infancy his Lordship must be especially solicitous and watchful."
Not to be excluded from these wondrous teaching were the hapless natives (Indians), who, if necessary, were to be forced to receive their "salvation" by being kidnapped and "taught" in jail, and if that tender measure failed, then to keep the rest of the poor un-Christian savages quiet and more susceptible to these hallowed teachings, "send over some three or four of them to England, we may endeavor their conversion here"!!
Clause 9. This clause is an interesting one and deserves to be fully repeated: "We hold it requisite that your Lordship, in causes of civil justice, proceed rather as counselor or than as Judge; that is to say. rather upon the right and equity of the thing in demand than upon the niceties and letter of the law. which perplexed in this tender body rather than dispatch causes.
So that a summary and arbitrary way of justice, mingled with discreet forms of magistracy as shall in your discretion seem aptest for your Lordship to exercise in that place will be of most use, both for expedition and example; and for criminal causes, you are to deal therein according to your commission and good discretion."
Clause. 10. Again stressed that no-one should trade with the colonies without permission from the Council in England.
Clause 11. Instructed the sending of an exploratory expedition to survey the terrain beyond the twelve days ride distance explored up to this time.
Clause 12. Shows clearly that the office of governor was a subordinate one to the office he (Lord La Warr) was to hold. and also named a few other "offices" to be held and who was to hold them. Above those already mentioned was that "Sir Fernando Weyneman may have the office of Master of the Ordinance".
Clause 13. Instructed his Lordship to take care as to the sealing and transportation of documents and other things of a sensitive nature, and instructed that they be only sent to the Council in England.
Clause 14. and end.... simply wound up the instructions and clarified which of these instructions were pertaining to Sir Thomas Gates and which were not to be divulged to Gates at all, then finished.
The Third Charter of the
Virginia Company March 12,1612
This Charter was an addition and addendum to the previous two Charters and the various other and sundry letters patents etc., from the King to the Treasurer and Company.
The first article of importance extended the southern boundaries of the colony from thirty four degrees north, approximately Myrtle Beach, South Carolina, four degrees further south to thirty degrees north, which is about two miles north of Vilano Beach and St. Augustine, in Florida.
This same section also extended to the offshore boundaries, whereby it allowed for the islands "within three hundred leagues of any of the parts heretofore granted" to be included with the lands already granted.
Given that One League was an old term for the distance of three geographical miles, he had therefore extended the boundary from one hundred miles offshore to nine hundred miles offshore, taking in what is now Bermuda, and most of what are today considered the Caribbean islands.
But not including "within the bounds, limits or territories of the Northern Colony, heretofore by us granted to be planted by diverse of our loving subjects in the north parts of Virginia". And again "to be holden of us, our heirs and successors, as of our manor at East Greenwich, in free and common socage and not in capite, yielding and paying therefore the fifty part of the ore of all gold and silver which shall be there gotten, had or obtained for all manner of services whatsoever.."
There follows a list of three hundred and thirty six (336) persons who, it was noted, had joined the Treasurer and Company of Adventurers who were hereafter to be considered free members and brethren of the colony. This list included more than three hundred and thirty six people, because a few of the listings were "the mayor and community of..."so allowing more than the listing as members, and at the end of this listing a new Council of fifteen for the Treasurer and Company was also named.
The council was instructed to meet at least once per week to deal with the affairs of the Treasurer and Company and stated that at least five of the Council where one was either the Treasurer himself or the Treasurers deputy, along with at least fifteen other of the general members should be deemed a sufficient amount of people to be enabled to conduct any meeting.
Four special meetings were to be held, "every year upon the last Wednesday save one of Hillary, Easter, Trinity and Michelmas", forever, one great, general and solemn assembly, which four several assemblies shall be styled and called The Four Great and general Courts of the Council and Company of Adventurers of Virginia.
This charter, for the first time, gave permission for the Council to admit as Adventurers anyone from another country so long as that country was not at war with England and that the person would become a willing subject of the King, and the transportation of these willing immigrants and their goods and chattels would be free from duties of any kind for seven years.
The Treasurer and his deputies, as in the Second Charter, were charged with the administering of oaths, but in this Charter, this went one stage further and the relative paragraphs reproduced hereafter in full.
"And further, that it shall be like wise lawful for the said Treasurer, or his deputy for the time, or any two others of our said Council for the said First Colony in Virginia, for the time being, from time to time and at all times hereafter, to minister such a formal oath as by their discretion shall be reasonably devised as well unto any person or persons as the said Treasurer or his deputy, with two others of the said Council shall think meet for the examination or the clearing of the truth in any cause whatsoever concerning the said plantation or any business from thence proceeding or thereunto proceeding or thereunto belonging."
The Company, in the course up to this time of its development of the Colonies, had employed various people to go to the colonies and help in the construction and development. Some of these people had not returned to England upon the completion of their duties, preferring to stay and hide out, or. some others had committed crimes etc., while there, and had fled back to England without standing trial to account for themselves while in the colonies. The Third Charter provided for the punishment of these individuals by the granting of power to the Council in Virginia for the expulsion of such wrongdoers back to England, or the extradition of those malcontents found in England back to the Colony there to answer for their crimes.
And, the final paragraphs of this the Third Charter gave the royal permission for the establishment of a system of raising yet more money for the use of the Council. A lottery which was to be held principally in the City of London, but which could be held also elsewhere in the realm of England, with prizes to be determined by the Treasurer and Company.
The Virginia Company Instruction
to George Yeardley (The Great
Charter) November 18, 1618
The first paragraphs gave instructions to the Governor (and Council of Estate to be, Mr. George Yeardley, to set aside three thousand acres (almost five square miles) next to Jamestown in Virginia, for the maintenance and support of the members of the Governors staff and other civil service people, and to call the land the Governors Land.
For the defense of the Governors Land, he was to take over the "bodyguard force" formerly held by the deputy governor, one Captain Argal.
Out of the rest of the Company Land (meaning other parts of what is now the rest of the United States (remember, between thirty degrees north and forty five degrees north from sea to sea?) were to be created four cities or boroughs called Jamestown, Charles City, Henrico, and the borough of Kiccowtan, and the new governor was charged to lay out three thousand acres in each of those new cities and boroughs.
Each of these three thousand acre parcels being referred to as "The Company Land".
Settlers of the Colony prior to the resignation of Sir Thomas Dale. Governor who had paid for their own passage to the colonies and did not thereby owe the Company were to have first call, in one hundred acre lots, of the Company land, for the price of twelve pounds and ten shillings per hundred acres (Twelve Pounds and Ten Shillings being, apparently, the going price at this time for one share in the Virginia Company) this land to be held by them, their heirs and assigns forever, as tenants.
For those who had come to the colonies at this same time at the expense of the Company, when they had paid their agreed price for their transportation, whatever that price may have been, they could thereafter occupy a one hundred acre parcel for themselves, their heirs and assigns forever, for the annual rent of one shilling per fifty acres. The entire rent to be paid to the Treasurer and Company on Michelmas day (the feast of St. Michael) next, and on the same day each year thereafter forever.
Fifty men who would be voyaging to the colonies in 1618 with the new governor, along with any others who had traveled to the colonies at the expense of the Company and desired to settle there could and would be settled in communities on those three thousand acre parcels, so long as they each and every one paid a rent of one half of their annual profit to the Treasurer and Company for the first seven years as compensation to the Company for their passage.
One fifth of the amount paid to the Treasurer and Company was to be retained within the colony for the use of the Council of Estate (Governor) for the payment of the administrators and ancillary expenses incurred in collecting these "revenues".
As and when necessary, there would and could he other three thousand acre parcels cleared, created and settled by incoming new settlers, at terms and under the same conditions as the first of these settlers had set up.
Other one hundred acre parcels of land were to be set aside within the several city and borough boundaries for the use of the Church and the maintenance of the several ministers needed to cater to the spiritual needs of the settlers, as well as the re-education of the savages surrounding them, and to support these ministers, the amount of two hundred pounds, or more, as necessary, was to be taken from the profits paid to the Treasurer and Company.
To aid in the re-education of the unfortunate unbelievers, there was also to be a parcel of fifteen hundred acres set aside as City (or Bourough) land for the purpose of thereon erecting and building a college "for the training of the children of those infidels in true religion, moral virtue and civility", and for the purposes of Providing a university, another ten thousand acre parcel in Henrico was to be set aside.
For the tradesman, a house and four acre lot was to be provided for himself and his heirs forever, upon the condition that he continue in this house at his trade and that he and his heirs and assigns forever pay a rent of four pence per year to the Treasurer and Company, again the entire annual payment of the rent to be made on the dav of the feast of St. Michael.
For the foreigner who had transported himself to the colonies at his own expense, and had stayed there for three years or more, then the rent for the fifty acres of land they could be allotted (as everybody else) was fifteen pence per year, and payable in exactly the same way and at the same time.
For others who were to come, they had to pay one quarter of their annual production until such time as the Company granted them their particular piece or parcel of land (and thereafter, presumably, would pay the same as the ordinary commoner).
Following these are general treatises that the new governor form a committee for the purpose of checking and authorizing land grants, rules and instructions regarding the sale to prospective settlers of the shares of the company, that he make sure that adequate and proper registers be kept of exactly who and what was transported, imported and exported to and from the colony, and, lastly, that he make provision for a more accurate surveying and exploration of the rest of the lands of Virginia.
The Virginia Company, Instructions
to: The Governor and Council
of State in Virginia July 4, 1621
These instructions were again set out in forty seven (47)different clauses, but this time they took on new meaning. Three of the proven methods of controlling people are
(a)through war,.. that was out, nobody was at war with anybody, so one or both of the other two had to be employed;...
(b) Religion, or
(c)Economics.
The Company had virtually complete control of the economic stability of Virginia, the colonists could not trade with anybody else, only through the English Council of Virginia, literally upon pain of forfeiture of everything they owned, or, worse still, death.
The religious loophole was about to be closed up, and the economic noose tightened.
These "Instructions" were of an obviously corporate nature, with the welfare of the colonists being kept in mind only so far as would make the Company more money.
The clauses of this set of instructions have been paraphrased as follows:
1. Stressed the importance of the setting up of the houses of religion, the poor governor had not as yet "effected a due establishment of the honor and rights belonging to the Church and Ministry", the governor was urged to organize things in the manner of the Church of England, including providing "the churches or places for divine service".
2. He was to be careful to make sure that everybody in the colonies not only took, but upheld their oaths of obedience to the King, to make sure there was no corruption amongst his officers and magistrates, and to make sure that no-one tried to foment quarrels with the natives, unless, of course, the natives deserved the quarrel.
3. To make sure that all the people were industrious. It would not be a good thing for them to be idle (the company would be losing money, the profits would not be as large), and one gambler drunkard or lay about would (obviously) be a bad influence on the rest of the hard working good people of the colony.
Also in the interests of all (i.e. the Company the governor was to speedily issue an edict that no-one henceforth was to be seen in public wearing gold jewelry of any kind (the gold belonged to the King) or to be seen wearing silk, unless it was silk which had been raised as a result of the industry of the people themselves and their own silkworms.
4. As well as to stop pirates from harboring their ships in the ports of Virginia there from to go out and plunder, as to stop those same pirates from bringing their ill-gotten gains back to the colonies (where the governor was empowered to seize and confiscate the treasure), and for the obvious benefits to be gained in foreign relations, given that other powers would not lose their merchant ships to those same pirates, and for the purposes of self defense, the colonists were to immediately erect a blockhouse and fortress at the mouth of the river and anywhere else they deemed fit.
5. Again in the interests of the promotion of religion, the colonists were to encourage those "savages" to live and work amongst themselves, and thereby by example teach those un-civilized Indians that the white man's way of life was much better!
6. To the same ends as clause 5 each town and borough was entrusted to "procure" the children (mostly boys, please) of the local Indians and to raise these children in the white man's ways, and educate them so as to enable these children to be admitted to the college, supposedly for their betterment and for the general good of the colony and the Company.
7. When Sir George Yeardly had taken in his crops for this year, (1621), he was to give up his Governors land and the 100 tenants thereon to Sir Francis Wyate (Wyatt?), and if there were not 100 tenants, then Yeardley was to make good that number out of his own pocket.
8. Along with clause 9 followed clause 7, where Yeardley was to give up the position of Governor to Wyatt on November 18th next.
10. Some of the lots of various individuals occupying the higher positions of office within the colony were greatly improved, in that the Treasurer in Virginia, George Sandis, Esq., was afforded provision for a means of transportation (presumably horses, or buggies, or both) and fifteen hundred acres of land and fifty tenants to go on it. The Marshall ,Sir William Neuce. also received the same acreage and number of tenants and the Deputy of the Company, formerly holding twelve hundred acres and forty men. had his allotment increased by three hundred acres and ten tenants. The Company Physician got five hundred acres and twenty tenants, and the Company Secretary got the same as the physician.
11. Concerned the paperwork formerly sent to the governor, that he make sure that it was all taken care of properly.
12. The governor was to make sure that the leaders, Captains and heads of each and every hundred acres (as per the third Charter) provided accurate accountings of births, marriages, christenings, deaths, of the people under their charge, and that accurate accountings also be kept of all livestock, crops and properties pertaining to those people, while reporting back to the Company by means of furnishing the Company with copies of all relevant documentation of the same, and;
13. In the event that the head of any of those particular hundred-acre plots or plantations die or otherwise leave office then the governor was to make sure that the "family" stayed together as one unit rather than breakup and be assimilated into any adjacent plantations.
14. England was getting tired of tobacco, and the Company wanted to send corn back to England, so the Council asked the governor to make sure that, as per an order of the Royal Court (the King), of July last, for this year the colonists refrain from planting so much tobacco, and required that the cut down the amount they plant by one hundred weight per head of population, replacing that which would otherwise be tobacco with corn. The Council also requested that the colonists refrain from killing their animals, preferring that they increase the stock instead.
15. The King had a preference for silk. Silk, up to this time, was only available, and very expensively so. through trading with the Arabs and other middle easterners, who in turn traded in the far east. Silk worms had been successfully raised in the warmer climates; England's climate did not oblige, but the climate of the colonies did. In addition, the silk worms were picky little critters, eating only the leaves of the mulberry tree, so came the instruction to plant mulberry bushes with the seeds provided, and using the books which had already been provided (last December) and enable the very costly French silkworm growers to be, at last, profitably employed, and. in lesser terms.
16. Silk grass was also to be promoted and experimented with so as to find the best and most profitable way to grow it and export it to England.
17. Not to be left out in this agricultural Pandora's box were the vines, the reasons, aside from the wine, for the planting thereof being that the (again very expensive) vignerons (those who raise and cultivate vines) could also be finally, and hopefully profitably, employed.
18. The Dutch sawyer, again procured at great expense, were to be accommodated by the provision of places for them to erect their sawmills, and, they, along with other tradesmen, were to be furnished every facility and incentive to stick with their trades rather than go off and grow tobacco, or some such other "useless commodity".
19. Corn Mills and public bakeries were to be erected in every city and borough.
20. The laws regarding the contracts, whether of performance or breach, and whether executed in England or Virginia were to be strictly upheld and enforced.
21. In order to keep the tenants on the lands, should anyone entice them away with "an offer they could not refuse", the enticer was to be "severely punished" and the tenant returned to the land (forcibly, if necessary).
22. The provision of an iron works in Virginia was obviously of paramount importance to the Company, as the transportation of those commodities manufactured by iron works in England was extremely expensive. To this end. every possible assistance, including the "help of the whole colony, if need be" was to be furnished to the gentleman, Mr. John Berkely, with whom the Company had a contract, in accomplishing this monumental achievement, but at the same time equally assisting others who did not have a contract with the company, and would attempt the same, but in another area, so that none should find out about the other, and in the hope that at least one would succeed.
23. Make use of the salt, pitch, tar. soap, etc., we already sent you, so that we (the Company) don't get any more complaints about those items, or, more particularly, the lack of them.
24. In addition to 23 above, what about the walnut oil. dyes, gums, drugs and other things we also sent you?
25. Given that we just ordained that you send less tobacco (as per clause 14), how about you improve the quality of the tobacco you do send us after this? Tell the planters its is for their own good.
26. The people who were arriving in the colony in ever more increasing numbers had no where to live when they arrived, so the instruction was given to build more houses for the immigrants, and to make sure they were kept neat and clean.
27. We (the company) have lost too much money because you have not sent things to us in a timely manner, so, after this, send your exports to us on at least a quarterly basis, or more often if possible, so the merchandise won't spoil before it gets to us.
28. We have also, at great expense, procured Italians for the purpose of erecting a glassworks, so we desire and instruct that you furnish them everything they need to accomplish their goals.
29. Prior to the writing of this charter, the Council had sent someone "of extraordinary capacity and judgement...approved by us to be of excellent observances" to "spy" had been included (hidden) in prior communications was to be read and the recommendations therein adhered to by the relevant members of the colony.
30. A Mr. Cleyburne had been sent by the company for the purpose of mapping out the whole country, and he was to be afforded every convenience and help possible.
31. Various public servants had heretofore been charging unsuspecting members of the public exorbitant fees for their services, so this clause set that to rights by instigating a system of remuneration for various types and classes of public servants.
32. This clause instructed the governor and Council to create a timetable for the people to attend with grievances or whatever, and for the best times to ship despatches to England.
33. Followed and further clarified the purpose of clause 32 by instruction the governor to summon the Council of State "for one whole month or more if need shall require".
34. A register of the Acts of each quarterly Session was to be kept in duplicate and the copy was to be periodically sent to the Council in England.
35. Should the governor die, become incapacitated, or be removed from Office, then the Council in Virginia is to immediately meet and elect a successor until a new governor appointed by the Council in England could assume the position.
36. The lieutenant governor was to be the one vote to resolve a deadlock in the event that the Council could not decide as to who should become the stand in for the recently expired governor as per clause 35.
37. Those officers who had been given tenants to settle on the land under their charge had been settling those tenants on other land and charging that other landkeeper rent on the tenants. This clause stopped that practice.
38. Only the governor, "for the time being", was to have the power and authority to sign warrants and execute the orders of the Council in England except in cases which pertained to the Lieutenant General, the Marshall, Treasurer, or Deputies. The Lieutenant General, the Marshall, Treasurer, or Deputies could act only on sealed orders from the Council of England, or the orders of the Quarterly Session of the Council of Virginia.
39. The governor, "for the time being", was to have the absolute power to conduct any emergency business including the punishment of people who showed neglect and contempt of authority, but not in cases regarding members of the Council, or persons who were already summoned to appear before the Council at one of their quarterly sessions. But, if the governor thought the matter important enough, he could order an extraordinary meeting of the Council to deal with the matter and a quorum for the meeting was to be six persons or more, and. if the matter concerned a Councillor, then the councillor was to kept "in safe custody" until the next full meeting of the Quarterly Session.
40. Every matter before the Council, when voted on, could only be passed by a majority vote, and. in the event of a tie, the vote of the governor would break the deadlock.
41. The governor was called upon to protect the exercise of free market economics, and prosecute anyone who tried to monopolize or control the market in any way.
42. The governor was to see that all those who were sentenced to do public work as a result of their misdemeanors were to work equitable and favorably for all, not doing more for one tenant or landkeeper than another.
43. The Earl of Pembroke and sundry associates had paid a sufficient amount to the Council in England for shares of the Company to assure he would be enabled to control thirty thousand acres of plantation, and the governor was to make sure that the emissary of the Earl was to be shown the choicest uninhabited areas from which to pick a site for this plantation and to help the Earl to set it out.
44. It had been found out that the dutchmen about 60-90 miles away from the colony were "stealing" the fur trade so the colonists were entreated to go into active competition against them by actively pursuing "new trades of commodities".
45. Encourage commodity production amongst the colonists by showing how one plantation outproduced another, and devise ways to increase their own production and beat "the people down the road"!
46. Reminded the governor that he had better make sure that the colony was seen to be prosperous as, of course, that would profit both King and Country (and Company!).
47. The governor was warned to make sure that no ship sent to the Colony from England was allowed to stay for more then thirty days, as the costs of wages for the crewmen were considered too high; that he was to make sure that no goods or provision were to be returned to England, and if they were, then the crew was to be severely punished; and also to make sure that if some commodity could not be put aboard some ship in such a short time, then to place some other item on board in its place so that the ship did not return to England less than fully laden (of course for the better profit of the Company).
Treasurer and Company
An Ordinance and Constitution
for Council and Assembly in Virginia
July 24, 1621
The main intent of this document was to instruct the Colonists, in order to better govern themselves and their colony, and for the betterment of the interests of the Council of Virginia in England, to diversify their government by the formation of another Council in Virginia, resulting, of course, in two Councils in Virginia, again to act under the instructions of the Supreme Council in England.
The First Council in Virginia,-"The Council of State"; Was to be composed of twenty men. the first seven men occupying key positions:
Governor of Virginia ..........Sir Francis Wyatt Treasurer (in Virginia)...... Mr. George Sandis
Deputy of the Company....Captain Thomas Neuce Marshall of Virginia............Sir William Neuce
Deputy of the College ......... Mr. George Thorpe Secretary of the Company, Mr.Christopher Davidson Company Physician .............. Dr. Potts
The Second Council
in Virginia,-"The General Assembly";
Was to meet no more often than once per year, at the call of the Governor, unless the Governor required a special emergency meeting, and was to be composed of what was at that time the Colonial Council in Virginia, and two Burgesses from each borough and town in Virginia.
The "House of Burgesses" was an association of the town elders or mayors, two from each town and borough of Virginia, which had been meeting in the House of Assembly in Jamestown since June 30, 1619, so this particular ordinance did not have the effect of creating the House, merely of giving it the "Royal blessing".
So much of a blessing, in fact, that this ordinance granted the General Assembly the power of all legislation in the colonies thereafter, legislation to be by majority vote, but where the vote of the Governor was to be considered a negative vote in the case of deadlock.
The legislative powers granted were those of the ability to make ordain and grant such general laws and orders as they saw fit for the general good of the colony, and to follow the "policy of the form of government, laws, customs, manners of loyal and other administration of justice used in the realms of England".
But the laws passed by this General Assembly had to be approved and ratified by the Court and Council in England. Likewise, any laws passed in England concerning the Colonies, were not to be considered as binding in the Colonies until they too. had been ratified and agreed to by the General Assembly in the Colony.
Then, in the early seventeenth Century, a small band of people are noted as having traveled to this new "Promised Land", there to create a new society based on religious freedom. A rough approximation of the story of these pilgrims which is most heard in the high schools of America is:
"Mayflower"
In 1619, a group of people (commonly referred to as "the Pilgrims") got together to try to find the new world in the west that had been described by Columbus 127 years previously. They'd had enough of England's problems. They were tired of the political conditions, the pseudo-feudal system, and most of all they were tired of the Roman Catholic church and the wild perpetration's done in the name of God and the Church.
They believed that God's kingdom was very little like the society they were in at that time. They decided to leave England to find and create a new freedom for themselves and their church in the new world.
They formed two companies (groups) and sailed for Layden in Holland in two boats, the Speedwell and the Mayflower.
On the voyage the Speedwell developed problems and had to be left behind when, in September, 1620 the Mayflower with 102 people on board left Layden bound for the new world and freedom.
The Mayflower was a tiny wooden ship, displacing only 180 tons, with three square rigged masts and a high poop deck, not the kind of ship the modern day traveller would consider being aboard for an arduous crossing of what is internationally acclaimed as the nastiest, most temperamental and dangerous ocean in the world.
The voyage took about sixty days, with the Mayflower arriving in Cape Cod in November of 1620. On the 11th of November the elders and leaders of the pilgrims met and publicly declared their intentions and desires for the running of their new colony, founded in Virginia.
They drew up a document, called The Mayflower Compact, the 41 men present signing it. The Pilgrims sailed from Cape Cod to Plymouth harbor, arriving there on December 21st, 1620. Just in time for Christmas.
The Mayflower served as their headquarters while they built their houses on the shore, and she finally left then and sailed back to England the following Spring."
This is the commonly accepted view of the "founding" of the "Colonies" and is preached throughout the American and other school systems as the true history of the American Colonies and some even claim that the Constitution and Bill of Rights of the United States of America is loosely based on the original declarations of the Pilgrims as shown in the Mayflower Compact.
Hogwash!
Yes, two companies were formed, but the "company" did not refer to a group of people as inferred in the above text, but to two corporations which had been created specifically for the purpose of colonizing the Americas, and the Mayflower people were of the second corporation.
They were not the first settlers to arrive on the shores of America, people had been settling for fifteen years before under the auspices of the first company, and by 1620 more than two thousand people had already inhabited various plantations and colonies on the North American continent.
They were not a separate bunch of rebels who sought relief from the oppressions of the Roman Catholic Church, nor were they Huguenots escaping any inquisition or prosecution, the time of the Huguenots exodus from Europe came about almost a hundred years later.
In order to be on any expedition to the American continent the members of the emigrating party had to swear an oath of loyalty to the King (James) and to the Catholic Church.
A protestant rebel, it could reasonably be assumed, would not and could not swear such and oath to uphold the tenets and dogmas of the Roman Catholic church (it would be blasphemy in the eyes of his own protestant church), and he would perforce thereby be excluded from the party.
Modern day Religions do, however, like to entertain the notion that the people of the Mayflower were, indeed "Pilgrims" such ideas forced into young and impressionable minds reinforce the position of the church in the American society of today. Remember the winners have been writing the history.
The debaters of the issue of the Mayflower will argue that the Mayflower Compact was the basis for the formation of the type of constitutional government enjoyed in America today, while remaining either blissfully ignorant of the existence at that time of the two corporations mentioned earlier, and, if not ignorant of their existence, then at least ignorant as to the fact that the Charters of these two Corporations and Bodies Politic, and the constitutions of some of the earliest colonies are the real basis for today's American government, its Executive, Judicial and Legislative structure, and the country's social, and to some extent, its economic structure.
The Mayflower was the first sailing to the new world of the people of the second of the two Corporations and Bodies Politic which was known as "The New England Company"; it had only been created five months previously.
The First Corporation which had been formed almost fifteen years earlier, and had already been colonizing America for that same number of years before the Mayflower ever sailed was called "The Virginia Company.
Under the same penalties. We forbid wagoners and drivers, whether of carts, drays, wagons or other vehicles,to turn in the streets, but they are to turn at the intersections and corners of said streets to avoid the inconveniences that might arise, such as wounding children or other persons and interfering with other passersby along the road.
Paris definitely had a traffic problem and the ruling class was well aware of it in those days. Most of the vehicles were slow-moving carts or wagons carrying garden produce or other merchandise; but the number of carts required to handle street sweeping, horse manure, excavated material, and refuse of all kinds made a sizable addition to those already in use.
It was, in fact, primarily due to a crisis in sanitation - the most neglected field of civil engineering in the Renaissance - that the problems of traffic congestion in Paris first came into focus. The garbage men had to get through. Public transit as we know it - this is, conceived as a system was the idea of philosopher and subject of King Louis XIV.
In 1662 Louis XIV established a system of carriages that would operate according to a fixed timetable along fixed routes. It was hoped that this would provide a service for the Parisian lower classes at a price they could afford.
The first railroad, so to say, started operation in on March 18, 1662. The first line, from the Porte Saint Antoine to the Luxembourg, caused a sensation.
The coachmen, liveried in blue, sported the colors of the realm with the heraldry of the king's arms embroidered on their jacket fronts; the carriages were escorted by a royal guard, to prevent riot and disorder. Large crowds gathered to watch the carriages go by, and on the first morning of service people were waiting in line to participate in the new railroad service.
The king was so enthusiastic about the scheme that to silence all ridicule he declared he'd be happy if a line ran past the palace. After that remark, a route to the palace was opened in April.
By May, there was a third line going. These promising beginnings did not last. Within a year the aristocracy took over the system and restricted its clientele to the rich.
Carriages were stoned and overturned by gangs of unemployed footmen; routes were blocked by debris thrown down by the poor. The "service" faded out for a while. The carosses a cing sols, or "coaches at a five sous fare," were a revolutionary innovation, well before their time.
Not until the early nineteenth century would a comparable idea be tried; at Nates, where the service was once again tried by the descendants of the original founders, a new carriage line that realized a large profit.
The depot happened to be opposite a shop run by a M. Omnes, who cleverly turned the Latin of his name into a slogan for his merchandise: "Omnes Omnibus, " "Omnes has something for everybody."
By association or propinquity, the name came to be applied to the first public carriages. And since the carriages were "for all," it stuck.
In 1828 the company was moved to Paris, where it opened a line and called it Les Dames Blanches, which caught everybody's eye. According to the London Times, it featured carriages "painted white with a motto in gold upon a red ground; and at the back of each coach sketches of Scotch scenery from Boildieu's recent opera La Dame Blanche." The horses and harnesses were white and the drivers wore white hats and embroidered white coats. A "kind of trumpet under the seat of the coachmen, played by pressure, executed the principal airs of the opera."
Next
LAND ACQUISITIONS OF AMERICA
These Duties, imposts and excises, for a period of twenty one (21) years from the date of the formation of the Virginia Company, were to be used by the Colony which collected them for the sole and exclusive use of the Colony, and thereafter the money from such duties was to be paid directly to the Agent of the Crown who was appointed by the Crown specifically for the purpose of acting as the Crown's Treasurer in that Colony.
Exports
No Colonist could transport any goods, chattels, commodities or such out of the colony for sale or trade with any other foreign person or entity or country without the express and prior permission of the Crown of England, and to do so would cause the total forfeiture of all that exporters assets and the ship or vessel or vehicle which transported him and his wares.
Land, Tenements and Hereditaments
Of course, the colonists would need to cultivate the land and grow the food necessary for their survival, so to that end the statement of; "And finally we do. for us, our heirs and successors, grant and agree...that we, our heirs and successors..shall by letters patents bearing the great seal of England grant unto such persons (the Council), their heirs and assignees..all the lands, tenements and hereditaments which shall be within the precincts limited for that colony 10,000 square miles in a square with each side being 100 miles long, as is aforesaid, to be holden of us, our heirs and successors, as of our manor of East Greenwich in the County of Kent, in "free soccage" only and not in "capite", was entered into the first charter.
The statement "to be holden of us...in free soccage only and not in "capite" meant that the colonists were granted the land under a Deed of Trust and they could not claim ownership of the land, ownership was retained by the Crown.
They could use the land for themselves, and pass the perpetual use of their particular piece of land on to their heirs and successors (by blood, marriage or adoption) and assignees.
They could sell the perpetual use of a part (or all) of their piece of land to someone else, but the original ownership of the land was claimed and retained by the Crown.
The Royal Orders of
November 20, 1606
The first paragraph of this letter appoints the King's Council (of Virginia) in England and gives them (the
Council) a general description of their duties towards the two separate councils and colonies in Virginia. They were to nominate and appoint the members of the Councils of the two first settled colonies and to cause each of the two Councils to nominate and appoint one of their own members "not being a a minister of God's word" to be the President of his respective Council, with the position to be held for one year maximum, and to have another President, but not the same person as formerly held the position, thereafter re-elected by the same Council.
These same two colonial councils were to be subservient to the "full authority" of the King's council in England.
The King, through his English Council, not only requested, but required that the members of the colonies "with all diligence, care and respect do provide that the true word of God and Christian faith be preached, planted and used, not only within every of the several said colonies and plantations but also as much as they may amongst the savage people which do or shall adjoin us to them or border upon them, according to the doctrine, rights and religion now professed and established within our realm of England".
Laws, criminal and civil
Criminal
All criminal offences or offences against the State or the King, were tried, as has been said before, under Admiralty Law.
Those offences of tumults, rebellions, conspiracies, mutiny and sedition which "may be dangerous to the estate there" (the degree of "dangerousness" being decided by the local Council of authority), and murder, manslaughter, rape, incest and adultery were all punishable by death, and, except on the case of manslaughter, the convict was not to be allowed "the benefit of the clergy".
All cases were to be tried by the Council of authority before a jury of twelve honest and indifferent persons who were to either convict or acquit the accused.
Should the accused confess to the crime, or remain mute in answer to his accusers, then he would be convicted as if the jury had deliberated and convicted him.
The Colonial Councils also had the sole power of sentencing the convicted to death, but the ability of granting pardon to the convict was reserved solely by the King.
Where a criminal was suspected of having committed an offence outside the boundaries of the colony could be brought back to the colony for trial.
Should any member of the colonies be kidnapped and removed from any of the colonies by an outsider, then the kidnapper, should he or they be caught, were to be imprisoned "until he (or they) shall fully and thoroughly reform himself.
Should this miraculous reformation not take place, then the malcontent(s) were to be speedily exported to England where he or they would (presumably) be suitably punished at the King's pleasure.
Civil
Any civil complaints registered by the members of either colony were to be taken care of by the respective Colonial Councils "as near to the Common Laws of England and the equity thereof as may be", and the local Council "shall have power and authority...to hear and determine all and every other wrongs, trespass, offences and misdemeanors whatsoever...upon accusation of any person and proof thereof made by sufficient witness upon oath: and the Councils were granted the authority to punish the offenders "by reasonable corporal punishment and imprisonment or else by a convenient fine, awarding damages, or other satisfaction to the party aggrieved", the Council determining the amount and severity of the punishment "having regard to the quality of the offence or the state of the cause".
Any and all judgements and sentences, weather criminal or civil, were to be registered in a book created and maintained for that specific purpose.
Warehouses
For the first five years immediately after the initial settlement, the colonists were to bring all their produce and place it in a warehouse specifically constructed for the purpose.
In addition to the local produce, everything thereafter brought to the Colonies from England was also to be placed in the warehouse.
Each year the Council was to elect a Warehouseman, named the "Treasurer" or "Cape Merchant" to take charge of and manage the commodities stored in his care.
This person could be re-elected by the Council upon the expiration of his one year term of office. In addition, two book-keepers were to be appointed, each also for a term of one year, one to keep a register of all things being brought into the warehouse, and one to keep a similar book of all things being removed from it.
Everyone in the Colony was to be supplied from that one warehouse, and all in the warehouse was to be considered as belonging to the Colony.
To assist in trading to, from and by this one warehouse, everyone of the colonies, for the first five years, shall "trade together all in one stock".
This meant that they were given Royal orders to adopt a form of "warehouse banking", where the individual would take his product to the warehouse, and place it on deposit there, receiving in return a receipt, which receipt could be readily traded for other goods or services.
This was the original form of paper currency (see the chapter "Money and banking") and it greatly facilitated trade and growth in the formative years of colonial existence. In order to better keep a check on the trading with the colonies, the first colonial council was required to choose one or more "companies", each of not less than three people who resided in, or close to London (England), and the second colonial council was to choose one or more similar companies, each of three or more people from the town of Plymouth, in the county of Devon (England).
The purpose of each of these Companies was to take charge of the trade and accounting of all goods which both went out to and were received from its respective colony, from whichever port or ports in England which was used for export or import, "and of all things concerning the managing of the affairs and profits of the adventurers of that (respective) Company".
Finally, nobody was to be allowed to be admitted as an immigrant into any of the colonies unless they swore an oath of allegiance to the King (or Crown), an oath to Parliament, which also had sworn allegiance to the King, and an oath to the effect that they would always trade in and through the port or ports which managed the trade with the colonies.
The Royal Ordinance and
Constitution, March 9, 1607
The first section of this ordinance enlarged the Kings Councils for the two colonies, and that, because of the distance between the members of each of the councils, that twelve men met together where six at least were to be members of one colony and six at least were to be members of the other colony, were to be considered enough persons (a quorum) to vote on any particular issue, and they were given power to vote upon broader and more far reaching issues than ever before.
The Second Charter of the
Virginia Company, May 23, 1609
Granted to a diverse number of persons, who were thereafter referred to as "The Treasurer and Company of Adventurers and Planters of the City of London for the First Colony in Virginia" all the land of Virginia from a point two hundred miles south of Point Comfort to a point two hundred miles north of Point Comfort and west and northwest from sea to sea, except for the land formerly granted to the second colony, and any other land at that time held by "any Christian Prince or peoples".
The King also appointed a new King's Council for the Colonies, naming Sir Thomas Smith as the Treasurer of the Company.
The King's Council was to appoint a Governor, who, upon his arrival in the colony, was to inform all the colonists then resident, whether from the new or the older colonies, that he had the full authority of the King in all matters, and that thereafter all laws and constitutions formerly made by them were to be considered null and void, and any and all officers formerly appointed were thereafter formerly discharged and dismissed from office.
Thus, in 1609, the new "Treasurer and Company of Adventurers" absorbed the old colonies, consolidating all which had been created before into one Corporation and Body Politic, and extended the boundaries of the colony "from sea to sea" (Atlantic to Pacific).
A quorum of four of the Kings Council had the power to admit anyone to the Company, but a majority vote was required to expel anyone.
The new colonists were given leave, for the space of seven years from the start of their colonization, to be allowed to export whatever they deemed necessary for the development of their new colony out from England and to trade generally "without yielding or paying subsidy, custom, imposition, or any other tax or duties".
The colony in Virginia, and the members of that colony were granted the same privileges for the space of twenty one years, except for the general custom of merchants, where five per cent (5%) of the commodity was payable in customs duties, but which could thereafter be exported within thirteen months free of any other duties, imposts or excises.
Anyone found attempting to smuggle goods into the colony who was not a member of the colony, but being from within the "realms" of England was to pay the same five percent in duties, and other person's not from the colony or British realms were to pay fifteen percent (15%). both amounts being paid to the Treasurer, and for the first twenty years to be used by the Treasurer for the benefit of the Colony, after that, the money was to go to the Crown of England. Any person born in the Colony was to be considered a native of that colony, but in addition was to have and enjoy all the privileges of being a member of the Kings Realm, and a Subject of the King, as if they had been abiding and born within this our kingdom of England or in any other of our dominion".
The Treasurer and Company and their successors, and the governors, officers and ministers appointed were granted full powers in the prosecution of civil, criminal, and marine matters as and when deemed fit, and the governor, as emissary of the King and the Treasurer was granted full power and authority to declare, establish and maintain martial law at will.
As in the first Charter, fifty percent of all gold and silver was considered to belong to the Crown, and anyone exporting goods, chattels or money to foreign parts without a license forfeited everything he owned as well as caused the ship in which he was traveling to be seized.
Any prior Charter and letters patents, orders, ordinances, and constitutions, including all the rights, privileges, franchises etc., were by this Charter of May including all the rights, privileges, franchises etc., were by this Charter of May 23, 1609, declared to be revoked, altered, changed or abridged.
Any person by and after this Charter, by advancing any sum of money for investment in the "Company" (I.E. in Virginia) was thereby granted the Privilege of automatic admission into the Company, and shall be enrolled in the book or record of the Adventurers of the said Company, shall and may be accounted, accepted, taken, held and reputed Adventurers of the said Colony and shall and may enjoy all and singular the grants, privileges, liberties, benefits, profits, commodities [and immunities], advantages and emoluments what so ever as fully, largely, amply and absolutely as if they and every of them had been precisely, plainly, singularly and distinctly named and inserted in this our letters patents'.
Virginia Council-"Instructions,
orders and Constitutions to
Sir Thomas Gates, King,
Governor of Virginia," -May, 1609
Contained many and various instructions as to how to conduct himself and the affairs of the colonies, how to
befriend the native Indians, as well as which of those tribes to befriend and which to keep careful watch over,
other matters of petition concerning several persons of the colonies who had aired grievances, and, most
strangely of all, instructions as to when to cause either or none of two sealed black boxes to be opened. The black boxes were to be taken from England to the Colonies, and opened by the succeeding members of the Colony only upon the death of the governor, and therein the colonists would find the name of the individual who the King required be instated as the successor governor.
The other black box was to be opened should the governor take a long leave of absence or resign the post, and another (maybe the same, maybe not) name would be found therein.
More important than all said before in these instructions, were the instructions that the governor was required by the King to keep secret all and every correspondence from the King to himself..." to keep secret to yourselves, unsealed and unbroken up, all such letters, schedules and instruments and whatsoever we shall deliver to you under our seal"....
"...in the seventh year of His reign of England, France & Ireland and Scotland the Two and Fortieth".
Virginia Council "Instructions, orders
and Constitutions to Sir Thomas West,
Knight. Lord La Warr" -1609/1610
Clause 1. Gave general directions as to the transportation etc., cargo and persons to be taken to the new colonies, while taking care not to run into the Spaniards along the way, generally charging "their lordships" to give safe passage to the Americas.
Clause 2. Instructions for Sir Thomas West, upon landing, to call to a meeting all the elders and leaders of the colonies, and there at the meeting to proclaim himself, as per the wishes of the King, as Governor of the colonies, and to also give notice of the abolition, again per the wishes of the King, of all former and other forms of self government.
Having done that, the new governor was to administer the oath of supremacy (as called for in the previous letter above recited), and also to declare null and void any and all private and public quarrels and have every body start of anew as good neighbors with everybody else!
Clause 3. The new governor was then to "demand and resume into his hands all former commissions and all instructions and public instruments given or sent to them and all books and records whatsoever of all the proceedings up to this time and dispose of all their offices and places in the future...except the office of the Lieutenant Governor (Sir Thomas Gates)., and the office of Marshall upon Sir Thomas Dale... and the office of Admiral upon Sir George Sumers,.. and the office of Vice Admiral upon Captain Newport".
Clause 4. The sailors were then to go fishing prior to their return to England for "Sturgeons and other fish" and also any other freight they considered applicable and head back hotfoot for home.
Clause 5. Provided instructions for the planting of provision harvests, and
Clause 6. Provided for the training of an army, or militia:-"As touching your landsmen, we think fit your Lordship should reduce them all into several bands and companies of fifty or more when you think good and to commit the charge of them to several officers and captains to be exercised and trained up in martial manner and warlike discipline..."
Clauses 7 and 8. Once again threw the Christian ideologies into the "system" by instructing the good Lord (La Warr) to make sure that the preachers had their merry way with the people and just to make sure the people obeyed he was also to "proceed in the punishing of all atheism, prophanism, popery and schism by exemplary punishment to the honor of God and to the peace and safety of his Church over which in this tenderness and infancy his Lordship must be especially solicitous and watchful."
Not to be excluded from these wondrous teaching were the hapless natives (Indians), who, if necessary, were to be forced to receive their "salvation" by being kidnapped and "taught" in jail, and if that tender measure failed, then to keep the rest of the poor un-Christian savages quiet and more susceptible to these hallowed teachings, "send over some three or four of them to England, we may endeavor their conversion here"!!
Clause 9. This clause is an interesting one and deserves to be fully repeated: "We hold it requisite that your Lordship, in causes of civil justice, proceed rather as counselor or than as Judge; that is to say. rather upon the right and equity of the thing in demand than upon the niceties and letter of the law. which perplexed in this tender body rather than dispatch causes.
So that a summary and arbitrary way of justice, mingled with discreet forms of magistracy as shall in your discretion seem aptest for your Lordship to exercise in that place will be of most use, both for expedition and example; and for criminal causes, you are to deal therein according to your commission and good discretion."
Clause. 10. Again stressed that no-one should trade with the colonies without permission from the Council in England.
Clause 11. Instructed the sending of an exploratory expedition to survey the terrain beyond the twelve days ride distance explored up to this time.
Clause 12. Shows clearly that the office of governor was a subordinate one to the office he (Lord La Warr) was to hold. and also named a few other "offices" to be held and who was to hold them. Above those already mentioned was that "Sir Fernando Weyneman may have the office of Master of the Ordinance".
Clause 13. Instructed his Lordship to take care as to the sealing and transportation of documents and other things of a sensitive nature, and instructed that they be only sent to the Council in England.
Clause 14. and end.... simply wound up the instructions and clarified which of these instructions were pertaining to Sir Thomas Gates and which were not to be divulged to Gates at all, then finished.
The Third Charter of the
Virginia Company March 12,1612
This Charter was an addition and addendum to the previous two Charters and the various other and sundry letters patents etc., from the King to the Treasurer and Company.
The first article of importance extended the southern boundaries of the colony from thirty four degrees north, approximately Myrtle Beach, South Carolina, four degrees further south to thirty degrees north, which is about two miles north of Vilano Beach and St. Augustine, in Florida.
This same section also extended to the offshore boundaries, whereby it allowed for the islands "within three hundred leagues of any of the parts heretofore granted" to be included with the lands already granted.
Given that One League was an old term for the distance of three geographical miles, he had therefore extended the boundary from one hundred miles offshore to nine hundred miles offshore, taking in what is now Bermuda, and most of what are today considered the Caribbean islands.
But not including "within the bounds, limits or territories of the Northern Colony, heretofore by us granted to be planted by diverse of our loving subjects in the north parts of Virginia". And again "to be holden of us, our heirs and successors, as of our manor at East Greenwich, in free and common socage and not in capite, yielding and paying therefore the fifty part of the ore of all gold and silver which shall be there gotten, had or obtained for all manner of services whatsoever.."
There follows a list of three hundred and thirty six (336) persons who, it was noted, had joined the Treasurer and Company of Adventurers who were hereafter to be considered free members and brethren of the colony. This list included more than three hundred and thirty six people, because a few of the listings were "the mayor and community of..."so allowing more than the listing as members, and at the end of this listing a new Council of fifteen for the Treasurer and Company was also named.
The council was instructed to meet at least once per week to deal with the affairs of the Treasurer and Company and stated that at least five of the Council where one was either the Treasurer himself or the Treasurers deputy, along with at least fifteen other of the general members should be deemed a sufficient amount of people to be enabled to conduct any meeting.
Four special meetings were to be held, "every year upon the last Wednesday save one of Hillary, Easter, Trinity and Michelmas", forever, one great, general and solemn assembly, which four several assemblies shall be styled and called The Four Great and general Courts of the Council and Company of Adventurers of Virginia.
This charter, for the first time, gave permission for the Council to admit as Adventurers anyone from another country so long as that country was not at war with England and that the person would become a willing subject of the King, and the transportation of these willing immigrants and their goods and chattels would be free from duties of any kind for seven years.
The Treasurer and his deputies, as in the Second Charter, were charged with the administering of oaths, but in this Charter, this went one stage further and the relative paragraphs reproduced hereafter in full.
"And further, that it shall be like wise lawful for the said Treasurer, or his deputy for the time, or any two others of our said Council for the said First Colony in Virginia, for the time being, from time to time and at all times hereafter, to minister such a formal oath as by their discretion shall be reasonably devised as well unto any person or persons as the said Treasurer or his deputy, with two others of the said Council shall think meet for the examination or the clearing of the truth in any cause whatsoever concerning the said plantation or any business from thence proceeding or thereunto proceeding or thereunto belonging."
The Company, in the course up to this time of its development of the Colonies, had employed various people to go to the colonies and help in the construction and development. Some of these people had not returned to England upon the completion of their duties, preferring to stay and hide out, or. some others had committed crimes etc., while there, and had fled back to England without standing trial to account for themselves while in the colonies. The Third Charter provided for the punishment of these individuals by the granting of power to the Council in Virginia for the expulsion of such wrongdoers back to England, or the extradition of those malcontents found in England back to the Colony there to answer for their crimes.
And, the final paragraphs of this the Third Charter gave the royal permission for the establishment of a system of raising yet more money for the use of the Council. A lottery which was to be held principally in the City of London, but which could be held also elsewhere in the realm of England, with prizes to be determined by the Treasurer and Company.
The Virginia Company Instruction
to George Yeardley (The Great
Charter) November 18, 1618
The first paragraphs gave instructions to the Governor (and Council of Estate to be, Mr. George Yeardley, to set aside three thousand acres (almost five square miles) next to Jamestown in Virginia, for the maintenance and support of the members of the Governors staff and other civil service people, and to call the land the Governors Land.
For the defense of the Governors Land, he was to take over the "bodyguard force" formerly held by the deputy governor, one Captain Argal.
Out of the rest of the Company Land (meaning other parts of what is now the rest of the United States (remember, between thirty degrees north and forty five degrees north from sea to sea?) were to be created four cities or boroughs called Jamestown, Charles City, Henrico, and the borough of Kiccowtan, and the new governor was charged to lay out three thousand acres in each of those new cities and boroughs.
Each of these three thousand acre parcels being referred to as "The Company Land".
Settlers of the Colony prior to the resignation of Sir Thomas Dale. Governor who had paid for their own passage to the colonies and did not thereby owe the Company were to have first call, in one hundred acre lots, of the Company land, for the price of twelve pounds and ten shillings per hundred acres (Twelve Pounds and Ten Shillings being, apparently, the going price at this time for one share in the Virginia Company) this land to be held by them, their heirs and assigns forever, as tenants.
For those who had come to the colonies at this same time at the expense of the Company, when they had paid their agreed price for their transportation, whatever that price may have been, they could thereafter occupy a one hundred acre parcel for themselves, their heirs and assigns forever, for the annual rent of one shilling per fifty acres. The entire rent to be paid to the Treasurer and Company on Michelmas day (the feast of St. Michael) next, and on the same day each year thereafter forever.
Fifty men who would be voyaging to the colonies in 1618 with the new governor, along with any others who had traveled to the colonies at the expense of the Company and desired to settle there could and would be settled in communities on those three thousand acre parcels, so long as they each and every one paid a rent of one half of their annual profit to the Treasurer and Company for the first seven years as compensation to the Company for their passage.
One fifth of the amount paid to the Treasurer and Company was to be retained within the colony for the use of the Council of Estate (Governor) for the payment of the administrators and ancillary expenses incurred in collecting these "revenues".
As and when necessary, there would and could he other three thousand acre parcels cleared, created and settled by incoming new settlers, at terms and under the same conditions as the first of these settlers had set up.
Other one hundred acre parcels of land were to be set aside within the several city and borough boundaries for the use of the Church and the maintenance of the several ministers needed to cater to the spiritual needs of the settlers, as well as the re-education of the savages surrounding them, and to support these ministers, the amount of two hundred pounds, or more, as necessary, was to be taken from the profits paid to the Treasurer and Company.
To aid in the re-education of the unfortunate unbelievers, there was also to be a parcel of fifteen hundred acres set aside as City (or Bourough) land for the purpose of thereon erecting and building a college "for the training of the children of those infidels in true religion, moral virtue and civility", and for the purposes of Providing a university, another ten thousand acre parcel in Henrico was to be set aside.
For the tradesman, a house and four acre lot was to be provided for himself and his heirs forever, upon the condition that he continue in this house at his trade and that he and his heirs and assigns forever pay a rent of four pence per year to the Treasurer and Company, again the entire annual payment of the rent to be made on the dav of the feast of St. Michael.
For the foreigner who had transported himself to the colonies at his own expense, and had stayed there for three years or more, then the rent for the fifty acres of land they could be allotted (as everybody else) was fifteen pence per year, and payable in exactly the same way and at the same time.
For others who were to come, they had to pay one quarter of their annual production until such time as the Company granted them their particular piece or parcel of land (and thereafter, presumably, would pay the same as the ordinary commoner).
Following these are general treatises that the new governor form a committee for the purpose of checking and authorizing land grants, rules and instructions regarding the sale to prospective settlers of the shares of the company, that he make sure that adequate and proper registers be kept of exactly who and what was transported, imported and exported to and from the colony, and, lastly, that he make provision for a more accurate surveying and exploration of the rest of the lands of Virginia.
The Virginia Company, Instructions
to: The Governor and Council
of State in Virginia July 4, 1621
These instructions were again set out in forty seven (47)different clauses, but this time they took on new meaning. Three of the proven methods of controlling people are
(a)through war,.. that was out, nobody was at war with anybody, so one or both of the other two had to be employed;...
(b) Religion, or
(c)Economics.
The Company had virtually complete control of the economic stability of Virginia, the colonists could not trade with anybody else, only through the English Council of Virginia, literally upon pain of forfeiture of everything they owned, or, worse still, death.
The religious loophole was about to be closed up, and the economic noose tightened.
These "Instructions" were of an obviously corporate nature, with the welfare of the colonists being kept in mind only so far as would make the Company more money.
The clauses of this set of instructions have been paraphrased as follows:
1. Stressed the importance of the setting up of the houses of religion, the poor governor had not as yet "effected a due establishment of the honor and rights belonging to the Church and Ministry", the governor was urged to organize things in the manner of the Church of England, including providing "the churches or places for divine service".
2. He was to be careful to make sure that everybody in the colonies not only took, but upheld their oaths of obedience to the King, to make sure there was no corruption amongst his officers and magistrates, and to make sure that no-one tried to foment quarrels with the natives, unless, of course, the natives deserved the quarrel.
3. To make sure that all the people were industrious. It would not be a good thing for them to be idle (the company would be losing money, the profits would not be as large), and one gambler drunkard or lay about would (obviously) be a bad influence on the rest of the hard working good people of the colony.
Also in the interests of all (i.e. the Company the governor was to speedily issue an edict that no-one henceforth was to be seen in public wearing gold jewelry of any kind (the gold belonged to the King) or to be seen wearing silk, unless it was silk which had been raised as a result of the industry of the people themselves and their own silkworms.
4. As well as to stop pirates from harboring their ships in the ports of Virginia there from to go out and plunder, as to stop those same pirates from bringing their ill-gotten gains back to the colonies (where the governor was empowered to seize and confiscate the treasure), and for the obvious benefits to be gained in foreign relations, given that other powers would not lose their merchant ships to those same pirates, and for the purposes of self defense, the colonists were to immediately erect a blockhouse and fortress at the mouth of the river and anywhere else they deemed fit.
5. Again in the interests of the promotion of religion, the colonists were to encourage those "savages" to live and work amongst themselves, and thereby by example teach those un-civilized Indians that the white man's way of life was much better!
6. To the same ends as clause 5 each town and borough was entrusted to "procure" the children (mostly boys, please) of the local Indians and to raise these children in the white man's ways, and educate them so as to enable these children to be admitted to the college, supposedly for their betterment and for the general good of the colony and the Company.
7. When Sir George Yeardly had taken in his crops for this year, (1621), he was to give up his Governors land and the 100 tenants thereon to Sir Francis Wyate (Wyatt?), and if there were not 100 tenants, then Yeardley was to make good that number out of his own pocket.
8. Along with clause 9 followed clause 7, where Yeardley was to give up the position of Governor to Wyatt on November 18th next.
10. Some of the lots of various individuals occupying the higher positions of office within the colony were greatly improved, in that the Treasurer in Virginia, George Sandis, Esq., was afforded provision for a means of transportation (presumably horses, or buggies, or both) and fifteen hundred acres of land and fifty tenants to go on it. The Marshall ,Sir William Neuce. also received the same acreage and number of tenants and the Deputy of the Company, formerly holding twelve hundred acres and forty men. had his allotment increased by three hundred acres and ten tenants. The Company Physician got five hundred acres and twenty tenants, and the Company Secretary got the same as the physician.
11. Concerned the paperwork formerly sent to the governor, that he make sure that it was all taken care of properly.
12. The governor was to make sure that the leaders, Captains and heads of each and every hundred acres (as per the third Charter) provided accurate accountings of births, marriages, christenings, deaths, of the people under their charge, and that accurate accountings also be kept of all livestock, crops and properties pertaining to those people, while reporting back to the Company by means of furnishing the Company with copies of all relevant documentation of the same, and;
13. In the event that the head of any of those particular hundred-acre plots or plantations die or otherwise leave office then the governor was to make sure that the "family" stayed together as one unit rather than breakup and be assimilated into any adjacent plantations.
14. England was getting tired of tobacco, and the Company wanted to send corn back to England, so the Council asked the governor to make sure that, as per an order of the Royal Court (the King), of July last, for this year the colonists refrain from planting so much tobacco, and required that the cut down the amount they plant by one hundred weight per head of population, replacing that which would otherwise be tobacco with corn. The Council also requested that the colonists refrain from killing their animals, preferring that they increase the stock instead.
15. The King had a preference for silk. Silk, up to this time, was only available, and very expensively so. through trading with the Arabs and other middle easterners, who in turn traded in the far east. Silk worms had been successfully raised in the warmer climates; England's climate did not oblige, but the climate of the colonies did. In addition, the silk worms were picky little critters, eating only the leaves of the mulberry tree, so came the instruction to plant mulberry bushes with the seeds provided, and using the books which had already been provided (last December) and enable the very costly French silkworm growers to be, at last, profitably employed, and. in lesser terms.
16. Silk grass was also to be promoted and experimented with so as to find the best and most profitable way to grow it and export it to England.
17. Not to be left out in this agricultural Pandora's box were the vines, the reasons, aside from the wine, for the planting thereof being that the (again very expensive) vignerons (those who raise and cultivate vines) could also be finally, and hopefully profitably, employed.
18. The Dutch sawyer, again procured at great expense, were to be accommodated by the provision of places for them to erect their sawmills, and, they, along with other tradesmen, were to be furnished every facility and incentive to stick with their trades rather than go off and grow tobacco, or some such other "useless commodity".
19. Corn Mills and public bakeries were to be erected in every city and borough.
20. The laws regarding the contracts, whether of performance or breach, and whether executed in England or Virginia were to be strictly upheld and enforced.
21. In order to keep the tenants on the lands, should anyone entice them away with "an offer they could not refuse", the enticer was to be "severely punished" and the tenant returned to the land (forcibly, if necessary).
22. The provision of an iron works in Virginia was obviously of paramount importance to the Company, as the transportation of those commodities manufactured by iron works in England was extremely expensive. To this end. every possible assistance, including the "help of the whole colony, if need be" was to be furnished to the gentleman, Mr. John Berkely, with whom the Company had a contract, in accomplishing this monumental achievement, but at the same time equally assisting others who did not have a contract with the company, and would attempt the same, but in another area, so that none should find out about the other, and in the hope that at least one would succeed.
23. Make use of the salt, pitch, tar. soap, etc., we already sent you, so that we (the Company) don't get any more complaints about those items, or, more particularly, the lack of them.
24. In addition to 23 above, what about the walnut oil. dyes, gums, drugs and other things we also sent you?
25. Given that we just ordained that you send less tobacco (as per clause 14), how about you improve the quality of the tobacco you do send us after this? Tell the planters its is for their own good.
26. The people who were arriving in the colony in ever more increasing numbers had no where to live when they arrived, so the instruction was given to build more houses for the immigrants, and to make sure they were kept neat and clean.
27. We (the company) have lost too much money because you have not sent things to us in a timely manner, so, after this, send your exports to us on at least a quarterly basis, or more often if possible, so the merchandise won't spoil before it gets to us.
28. We have also, at great expense, procured Italians for the purpose of erecting a glassworks, so we desire and instruct that you furnish them everything they need to accomplish their goals.
29. Prior to the writing of this charter, the Council had sent someone "of extraordinary capacity and judgement...approved by us to be of excellent observances" to "spy" had been included (hidden) in prior communications was to be read and the recommendations therein adhered to by the relevant members of the colony.
30. A Mr. Cleyburne had been sent by the company for the purpose of mapping out the whole country, and he was to be afforded every convenience and help possible.
31. Various public servants had heretofore been charging unsuspecting members of the public exorbitant fees for their services, so this clause set that to rights by instigating a system of remuneration for various types and classes of public servants.
32. This clause instructed the governor and Council to create a timetable for the people to attend with grievances or whatever, and for the best times to ship despatches to England.
33. Followed and further clarified the purpose of clause 32 by instruction the governor to summon the Council of State "for one whole month or more if need shall require".
34. A register of the Acts of each quarterly Session was to be kept in duplicate and the copy was to be periodically sent to the Council in England.
35. Should the governor die, become incapacitated, or be removed from Office, then the Council in Virginia is to immediately meet and elect a successor until a new governor appointed by the Council in England could assume the position.
36. The lieutenant governor was to be the one vote to resolve a deadlock in the event that the Council could not decide as to who should become the stand in for the recently expired governor as per clause 35.
37. Those officers who had been given tenants to settle on the land under their charge had been settling those tenants on other land and charging that other landkeeper rent on the tenants. This clause stopped that practice.
38. Only the governor, "for the time being", was to have the power and authority to sign warrants and execute the orders of the Council in England except in cases which pertained to the Lieutenant General, the Marshall, Treasurer, or Deputies. The Lieutenant General, the Marshall, Treasurer, or Deputies could act only on sealed orders from the Council of England, or the orders of the Quarterly Session of the Council of Virginia.
39. The governor, "for the time being", was to have the absolute power to conduct any emergency business including the punishment of people who showed neglect and contempt of authority, but not in cases regarding members of the Council, or persons who were already summoned to appear before the Council at one of their quarterly sessions. But, if the governor thought the matter important enough, he could order an extraordinary meeting of the Council to deal with the matter and a quorum for the meeting was to be six persons or more, and. if the matter concerned a Councillor, then the councillor was to kept "in safe custody" until the next full meeting of the Quarterly Session.
40. Every matter before the Council, when voted on, could only be passed by a majority vote, and. in the event of a tie, the vote of the governor would break the deadlock.
41. The governor was called upon to protect the exercise of free market economics, and prosecute anyone who tried to monopolize or control the market in any way.
42. The governor was to see that all those who were sentenced to do public work as a result of their misdemeanors were to work equitable and favorably for all, not doing more for one tenant or landkeeper than another.
43. The Earl of Pembroke and sundry associates had paid a sufficient amount to the Council in England for shares of the Company to assure he would be enabled to control thirty thousand acres of plantation, and the governor was to make sure that the emissary of the Earl was to be shown the choicest uninhabited areas from which to pick a site for this plantation and to help the Earl to set it out.
44. It had been found out that the dutchmen about 60-90 miles away from the colony were "stealing" the fur trade so the colonists were entreated to go into active competition against them by actively pursuing "new trades of commodities".
45. Encourage commodity production amongst the colonists by showing how one plantation outproduced another, and devise ways to increase their own production and beat "the people down the road"!
46. Reminded the governor that he had better make sure that the colony was seen to be prosperous as, of course, that would profit both King and Country (and Company!).
47. The governor was warned to make sure that no ship sent to the Colony from England was allowed to stay for more then thirty days, as the costs of wages for the crewmen were considered too high; that he was to make sure that no goods or provision were to be returned to England, and if they were, then the crew was to be severely punished; and also to make sure that if some commodity could not be put aboard some ship in such a short time, then to place some other item on board in its place so that the ship did not return to England less than fully laden (of course for the better profit of the Company).
Treasurer and Company
An Ordinance and Constitution
for Council and Assembly in Virginia
July 24, 1621
The main intent of this document was to instruct the Colonists, in order to better govern themselves and their colony, and for the betterment of the interests of the Council of Virginia in England, to diversify their government by the formation of another Council in Virginia, resulting, of course, in two Councils in Virginia, again to act under the instructions of the Supreme Council in England.
The First Council in Virginia,-"The Council of State"; Was to be composed of twenty men. the first seven men occupying key positions:
Governor of Virginia ..........Sir Francis Wyatt Treasurer (in Virginia)...... Mr. George Sandis
Deputy of the Company....Captain Thomas Neuce Marshall of Virginia............Sir William Neuce
Deputy of the College ......... Mr. George Thorpe Secretary of the Company, Mr.Christopher Davidson Company Physician .............. Dr. Potts
The Second Council
in Virginia,-"The General Assembly";
Was to meet no more often than once per year, at the call of the Governor, unless the Governor required a special emergency meeting, and was to be composed of what was at that time the Colonial Council in Virginia, and two Burgesses from each borough and town in Virginia.
The "House of Burgesses" was an association of the town elders or mayors, two from each town and borough of Virginia, which had been meeting in the House of Assembly in Jamestown since June 30, 1619, so this particular ordinance did not have the effect of creating the House, merely of giving it the "Royal blessing".
So much of a blessing, in fact, that this ordinance granted the General Assembly the power of all legislation in the colonies thereafter, legislation to be by majority vote, but where the vote of the Governor was to be considered a negative vote in the case of deadlock.
The legislative powers granted were those of the ability to make ordain and grant such general laws and orders as they saw fit for the general good of the colony, and to follow the "policy of the form of government, laws, customs, manners of loyal and other administration of justice used in the realms of England".
But the laws passed by this General Assembly had to be approved and ratified by the Court and Council in England. Likewise, any laws passed in England concerning the Colonies, were not to be considered as binding in the Colonies until they too. had been ratified and agreed to by the General Assembly in the Colony.
14
THE MAYFLOWER COMPACT
Very little happened with regard to the "New World" for over one hundred years. The American continent
was,
of course, open to exploration, but only to the foolhardy and those who could afford and were able to organize
and conduct a major exploratory expedition to this hostile continent. Then, in the early seventeenth Century, a small band of people are noted as having traveled to this new "Promised Land", there to create a new society based on religious freedom. A rough approximation of the story of these pilgrims which is most heard in the high schools of America is:
"Mayflower"
In 1619, a group of people (commonly referred to as "the Pilgrims") got together to try to find the new world in the west that had been described by Columbus 127 years previously. They'd had enough of England's problems. They were tired of the political conditions, the pseudo-feudal system, and most of all they were tired of the Roman Catholic church and the wild perpetration's done in the name of God and the Church.
They believed that God's kingdom was very little like the society they were in at that time. They decided to leave England to find and create a new freedom for themselves and their church in the new world.
They formed two companies (groups) and sailed for Layden in Holland in two boats, the Speedwell and the Mayflower.
On the voyage the Speedwell developed problems and had to be left behind when, in September, 1620 the Mayflower with 102 people on board left Layden bound for the new world and freedom.
The Mayflower was a tiny wooden ship, displacing only 180 tons, with three square rigged masts and a high poop deck, not the kind of ship the modern day traveller would consider being aboard for an arduous crossing of what is internationally acclaimed as the nastiest, most temperamental and dangerous ocean in the world.
The voyage took about sixty days, with the Mayflower arriving in Cape Cod in November of 1620. On the 11th of November the elders and leaders of the pilgrims met and publicly declared their intentions and desires for the running of their new colony, founded in Virginia.
They drew up a document, called The Mayflower Compact, the 41 men present signing it. The Pilgrims sailed from Cape Cod to Plymouth harbor, arriving there on December 21st, 1620. Just in time for Christmas.
The Mayflower served as their headquarters while they built their houses on the shore, and she finally left then and sailed back to England the following Spring."
This is the commonly accepted view of the "founding" of the "Colonies" and is preached throughout the American and other school systems as the true history of the American Colonies and some even claim that the Constitution and Bill of Rights of the United States of America is loosely based on the original declarations of the Pilgrims as shown in the Mayflower Compact.
Hogwash!
Yes, two companies were formed, but the "company" did not refer to a group of people as inferred in the above text, but to two corporations which had been created specifically for the purpose of colonizing the Americas, and the Mayflower people were of the second corporation.
They were not the first settlers to arrive on the shores of America, people had been settling for fifteen years before under the auspices of the first company, and by 1620 more than two thousand people had already inhabited various plantations and colonies on the North American continent.
They were not a separate bunch of rebels who sought relief from the oppressions of the Roman Catholic Church, nor were they Huguenots escaping any inquisition or prosecution, the time of the Huguenots exodus from Europe came about almost a hundred years later.
In order to be on any expedition to the American continent the members of the emigrating party had to swear an oath of loyalty to the King (James) and to the Catholic Church.
A protestant rebel, it could reasonably be assumed, would not and could not swear such and oath to uphold the tenets and dogmas of the Roman Catholic church (it would be blasphemy in the eyes of his own protestant church), and he would perforce thereby be excluded from the party.
Modern day Religions do, however, like to entertain the notion that the people of the Mayflower were, indeed "Pilgrims" such ideas forced into young and impressionable minds reinforce the position of the church in the American society of today. Remember the winners have been writing the history.
The debaters of the issue of the Mayflower will argue that the Mayflower Compact was the basis for the formation of the type of constitutional government enjoyed in America today, while remaining either blissfully ignorant of the existence at that time of the two corporations mentioned earlier, and, if not ignorant of their existence, then at least ignorant as to the fact that the Charters of these two Corporations and Bodies Politic, and the constitutions of some of the earliest colonies are the real basis for today's American government, its Executive, Judicial and Legislative structure, and the country's social, and to some extent, its economic structure.
The Mayflower was the first sailing to the new world of the people of the second of the two Corporations and Bodies Politic which was known as "The New England Company"; it had only been created five months previously.
The First Corporation which had been formed almost fifteen years earlier, and had already been colonizing America for that same number of years before the Mayflower ever sailed was called "The Virginia Company.
15
EARLY RAILROADS OF FRANCE
A Decoration written in the 1660's in France
Since the city of Paris and its suburbs have already a great many carts, drays, wagons and horses, both
harnessed and led, and since by evident malice they are driven on the run through the streets to pass each
other, and since frequently the harness of one catches that of another in such a manner that the streets are so
full of carts and vehicles that one cannot pass on foot or horseback, and since there are so many grave dangers
and inconveniences and so many men and beasts are injured, we are obliged to forbid wagoners, leaders and
drivers to run or foul another, and we enjoin them to lead their horses by hand and travel on foot under penalty
of prison, confiscation of horses and vehicles, and of arbitrary fine. Under the same penalties. We forbid wagoners and drivers, whether of carts, drays, wagons or other vehicles,to turn in the streets, but they are to turn at the intersections and corners of said streets to avoid the inconveniences that might arise, such as wounding children or other persons and interfering with other passersby along the road.
Paris definitely had a traffic problem and the ruling class was well aware of it in those days. Most of the vehicles were slow-moving carts or wagons carrying garden produce or other merchandise; but the number of carts required to handle street sweeping, horse manure, excavated material, and refuse of all kinds made a sizable addition to those already in use.
It was, in fact, primarily due to a crisis in sanitation - the most neglected field of civil engineering in the Renaissance - that the problems of traffic congestion in Paris first came into focus. The garbage men had to get through. Public transit as we know it - this is, conceived as a system was the idea of philosopher and subject of King Louis XIV.
In 1662 Louis XIV established a system of carriages that would operate according to a fixed timetable along fixed routes. It was hoped that this would provide a service for the Parisian lower classes at a price they could afford.
The first railroad, so to say, started operation in on March 18, 1662. The first line, from the Porte Saint Antoine to the Luxembourg, caused a sensation.
The coachmen, liveried in blue, sported the colors of the realm with the heraldry of the king's arms embroidered on their jacket fronts; the carriages were escorted by a royal guard, to prevent riot and disorder. Large crowds gathered to watch the carriages go by, and on the first morning of service people were waiting in line to participate in the new railroad service.
The king was so enthusiastic about the scheme that to silence all ridicule he declared he'd be happy if a line ran past the palace. After that remark, a route to the palace was opened in April.
By May, there was a third line going. These promising beginnings did not last. Within a year the aristocracy took over the system and restricted its clientele to the rich.
Carriages were stoned and overturned by gangs of unemployed footmen; routes were blocked by debris thrown down by the poor. The "service" faded out for a while. The carosses a cing sols, or "coaches at a five sous fare," were a revolutionary innovation, well before their time.
Not until the early nineteenth century would a comparable idea be tried; at Nates, where the service was once again tried by the descendants of the original founders, a new carriage line that realized a large profit.
The depot happened to be opposite a shop run by a M. Omnes, who cleverly turned the Latin of his name into a slogan for his merchandise: "Omnes Omnibus, " "Omnes has something for everybody."
By association or propinquity, the name came to be applied to the first public carriages. And since the carriages were "for all," it stuck.
In 1828 the company was moved to Paris, where it opened a line and called it Les Dames Blanches, which caught everybody's eye. According to the London Times, it featured carriages "painted white with a motto in gold upon a red ground; and at the back of each coach sketches of Scotch scenery from Boildieu's recent opera La Dame Blanche." The horses and harnesses were white and the drivers wore white hats and embroidered white coats. A "kind of trumpet under the seat of the coachmen, played by pressure, executed the principal airs of the opera."
Next
LAND ACQUISITIONS OF AMERICA
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