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PART I.

Colonial

Public Acts of 1623-4.

VIRGINIA,

forfeitures shall be collected by them for publique

uses.

20. That a proclamation be read aboard every ship, Shipping. and afterwards fixed to the maste of such, -prohibiting them to break boulke or make private sales of any com* Blank in modity until ( ) James Citty, without spethe record. cial order from the governor and councell. Tobacco 21. That the proclamation for the rates of commodi

inspectors.

Weights

*

* *

ties be still in force, and that there be some men in every plantation to censure tobacco.

22. That there be no weights nor measures used but and meas- such as shall be sealed by officers appointed for that

ures.

Protection

against the

purpose.

23. That every dwelling house shall be palisaded in

Indians. for defence against the Indians.

Powder

and arms.

Offences

24. That no man go or send abroad without a sufficient partie well armed.

25. That men go not to worke in the ground without their arms (and a centinell upon them.)

26. That the inhabitants go not aboard ships, or upon any other occasions, in such numbers, as thereby to weaken and endanger the plantations.

27. That the commander of every plantation take care that there be sufficient of powder and ammunition within the plantation under his command, and their pieces fixed, and their arms complete.

28. That there be due watch kept by night.

29. That no commander of any plantation do either himselfe, or suffer others to spend powder unnecessarily in drinking or entertainments, &c.

30. That such persons of quality as shall be found by persons delinquent in their duties, being not fitt to undergoe of quality. corporal punishment, may notwithstanding be imprisoned at the discretion of the commander; and for greater offences to be subject a fine inflicted by the monthlie court, so that it exceed not the value aforesaid.

31. That every man that hath not contributed to the

UNDER THE THIRD CHARTER OF JAMES I.

PART I.

Public

finding a man at the castell shall pay for himself and Colonial servants five pounds of tobacco a head towards the dis-Acts of charge of such as had their servants there.

1623-4.

tion of the

32. That at the beginning of July next the inhabit-Destrucants of every corporation shall fall upon their adjoin-Savages. ing salvages as we did last yeare, those that shall be hurte upon service to be cured at the publique charge: And in case any be lamed to be maintained by the country according to his person and quality.

33. That for defraying of such publique debts our Public troubles have brought upon us, there shall be levied 10 debts. pounds of tobacco upon every male head above sixteen years of adge now living (not including such as arrived since the beginning of July last.)

to superi

ors.

34. That no person within this colony upon the Obedience rumor or supposed change and alteration, presume to be disobedient to the present government, nor servants to their private officers, masters, or overseers, at their uttermost perills.

sioner to

35. That Mr. John Pountis, counsellor of state, Commisgoing to England, (being willing by our entreatie to England. accept of that employment) to solicite the general cause of the country to his majesty and the counsel; towards the charges of the voyage the country consent to pay, for every male head above sixteen years of adge then living, which have been here a yeere, ffour pounds of the best merchantable tobacco in leafe, at or before the last of October next."

There is an allusion made in these Acts to "The Command Commander of Plantations." This was an office appoint-Plantaed under a commission, issued by the Governor of tions. Virginia to the person to be appointed to the office, which recited that, “Whereas the affairs of this colony do necessarily require that men of sufficiency and experience be appointed to command and governe the several plantations and inhabitants within the same; both for the better order of government in the conservation of the place, and in the execution of such orders and

PART I.

Colonial Public Acts of 1623-4.

VIRGINIA,

directions as from tyme to tyme shall be directed unto them, as alsoe for the preventinge and avoyding of such mischiefes as may happen unto us by the intrusions and practices of the Indians, our irreconcileable enemies, Now know ye that I (the governor) out of the good opinion I do conceive of the discretion, care and circumspection of (A. B.,) do by these presents, with the consent of the councel of state, constitute and appoint him the said (A. B.,) to be the Principal Commander Precincts. of and for the plantations within the precincts of (naming the particular plantations)-Giving, and by these presents granting, unto him full power and authority to do, execute, and performe all such matters and duties. and things as are incident and appertayning to the place and office of commander there. Willing and requiring him, the said (A. B.,) to see that all such orders as heretofore have been, or hereafter shall be, given by the governor and councel, bee duly executed

Powers

and observed. Hereby also chardging all persons Obedience residing and being, or which shall hereafter reside or command- bee within the same, to yield due respecte and obedience unto him, or in all things which unto him, or them, respectively do belong or appertain-In witness whereof, &c."

ed.

Legislation These records give us a pretty just and correct idea of the Col- of the condition of the colony of Virginia, and the

ony generally.

frame of government under which it was established at this early period; and form the basis of its whole subsequent political existence. From the scattered and sparse fragments of records which have been preserved, from this date down to the year 1629, it would seem that its legislature, during the interval, was mostly occupied in re-enacting the Acts of Uniformity passed by parliament; or otherwise imitating the Church of England, by adopting and promoting its canons, its discipline and service; in enforcing attendance at church on the sabbath, and the observance of holi-days, and

UNDER THE THIRD CHARTER OF JAMES I.

PART I.

other religious services, appointed by the church or colonial authorities; or in directing such defensive operations as were necessary to protect them from the Indians.* * Henning,

It has been well said that the character of a people may be known from their laws, yet the imperfect records of mere municipal legislation do not always furnish the fullest or the best evidence of the actual political life of the early colonies in America, or of their relations with the parent state.

Vol. 1.

The action of the government of the colony quite as frequently manifested itself in the shape of proclamations addressed to the people, and instructions given to its various officers, directed to be issued by the governor and council, which also assumed the force of laws. These may have served the purpose for which they were intended without ever having been engrossed, or filed in the archives of state. Besides this, their political existence was necessarily progressive, and at times too rapidly changeful, to wait the slow and tedious process of periodical legislative enactments. Hence they were at all times in a condition more or less transitionary. It was impossible that the settlements planted in Virginia should grow and still remain unaffected by the leaven of human progress generated by the protestantism of the reformation, which, under the name of Puritanism, was now more actively agita- Puritanism ting the parent state in all its relations, whether polit-gar in England ical, social, or ecclesiastical. The increasing number ginia. of emigrants to Virginia increased the number of her towns, and these added year by year to the number of representatives in her General Assembly. Thus that body was brought more under the influence of the popular will, while its more earnest deliberations led to a still further illustration of the objectionable features inherent in the policy of their charter government; and also emboldened them more freely to assert their rights, as well as to oppose any infringement of what they called their liberties, by the company.

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It will be observed, by a reference to the sixth section of the order of the company and council in London, instituting a Council of State and General Negative Assembly in the colony, and the commission to Gov. Court of Wyatt, that it was declared to be the company's the Co. on intention-"after the government of the said colony

of the

Colonial Laws.

was well framed and settled, to provide that no order of Quarter Court in England should bind the colonists until ratified by their own General Assembly in the colony." The non-fulfillment of this assurance was a source of dissatisfaction with the rulers as well as the people. The colonial government accordingly made and enforced its laws, and regulated all local affairs, without waiting for a ratification of their ordinances or enactments by the Great and General Court of the company in England. James and his ministers looked with jealousy and apprehension upon these symptoms of increasing strength and independ

ence.

The meetings of the company and council in Puritanism London had also become scenes of political discussion, in England where the advocates of protestant freedom and the

and

defenders of the royal and church prerogatives were frequently at issue. Attempts were made to check the latitude of these debates in both branches of the corporation, and to bring them back again to their original state of subjection by a change of officers. Whatever may have been the result of this interference under the immediate eye of the crown, it had the effect in Virginia to link the colonists more firmly to each other. Finding his efforts to stifle the growth of liberal opinions unavailing, James at length had recourse to his royal prerogative. In its unjust and arbitrary exercise, he issued a proclamation appointing commissioners to enquire into all the transactions of The London Company from its first organization. The result of this investigation, agreeably with the design London with which it was directed, was made the pretext for Company, revoking the charter of the company.

ginia.

Dissolution of the

1624.

The conse

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