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DURING THE REIGN OF CHARLES I.

PART I.

strance,

in Virginia, to the Honorable House of Commons in Virginia a parliament in England, for the restoring of the letters Royal Colony, 1625 pattents of incorporation to the late Treasurer and Com- to 1651. pany-mistaking his advice and instructions from the Remonsaid assembly; for his so doing it being neither the &c., 1642. meaning nor intent of the said assembly, or inhabitants here, for to give way for the introducing of the said company, or any other. To which intent and purpose this grand assembly, having fully debated and maturely considered the reasons on both sides, as well arguing for, as against, a company; and looking back into the condition of the times under the company, as also upon the present state of the colony under his majesty's government, they find the late company in their government intolerable, the present comparatively happy, and that the old corporation cannot with any Its restorapossibility be again introduced without absolute ruin ous to the and dissolution to the colony for these reasons follow-colony. ing, viz:

"First. The intolerable calamity of the colony we find proved by many illegal proceedings, and barbarous torments inflicted upon divers of his majesty's subjects, in the time of the said company's government; all which appear per depositions taken at a grand assembly Anno 1632, and is known to divers now living in the colony.

tion ruin

of the

"Also we find the whole trade of the colony, to the Oppressgeneral grievance and complaint of the inhabitants, Company. then and now, appearing to us monopolized by the said company, insomuch that upon the going home of any person for his country it was not free for him to carry with him the fruits of his labour for his own comfort and relief, but was forced to bring it to the magazine of the company, and there to exchange it for useless and unprofitable wares.

Advantages of

2dly. The present happiness is exemplified to us by the freedom of yearly assemblies, warranted unto us their relaby his majesty's gracious instructions, and the legal the Crown.

tions to

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Virginia a trial for juries in all criminal and civil causes where Royal Colony 1625

to 1651.

Remon

it shall be demanded. And above all by his majesty's royal encouragement unto us, upon all occasions, to address ourselves unto him, by our humble petitions, strance, which doth so much distinguish our happiness from &c., 1642 that of the former times that private letters to friends were rarely admitted passage.

"To the Third, (reason) for introducing the old corporation without ruin and dissolution to the colony at present, as a thing not possible, we conceive we have these just grounds.

Right of "1st. There can be no right or property introduced property how affect-for them, without proving the illegality of the King's ed by it. proceeding, so that all grants since, upon such a foundation, must of consequence be void and tending to displeasure. We, the present planters, enjoy our lands by immediate grant from his majesty, if (as it is argued in their petition) the king had no power to grant, our possessions must give place to their claim, which is one invincible argument (as we conceive) of the ruin and dissolution to the colony at present. When, if their pretences take place, we must be ousted of all.

Distinctions made

"And whereas it is alledged that the charter of between orders from the Treasurer and Company, Anno 1618,

adventur

ers.

gives us claim and right, to be members of the corporation quatenus planters; we find the company by the said charter, where members being planters and adventurers are considered by themselves, and distinguished in privileges from planters and adventurers not being members; and we further find ourselves (being the king's grantees) in the said charter condemned, the clause plainly pronouncing in these words (we do ordaine that all such persons that of their own voluntary will and authority shall remove into Virginia, without any grant from us in a great and General Quarter Court, in writing under our seals, shall be deemed, as they are, occupiers of our land, that is to say of the common land of us the said Treasurer and

DURING THE REIGN OF CHARLES I.

PART I.

Company;) much more such grantees as have their Virginia a

Royal Col

right from an erroneous judgment, as they pretend. ony, 1625 2dly. That if the company be renewed, by which to 1651.

Remon

means they, as aforesaid, have leave and the strength strance, of their own charter of orders, publicly in this colony &c., 1642.

to displant us; the wiser world we hope will excuse us

if we be wary to part with what (next our lives) nearest concerns us, (which are our estates, being the livelihood of ourselves, wives and children,) to the curtesy and will of such task-masters from whom we have already experimented so much oppression.

3dly. We may not admit of so unnatural a distance as a company will interpose between his sacred majesty and us, his subjects, from whose immediate protection we have received so many royal favors and Upon their gracious blessings. For by such admission

relations with the

1st. We shall degenerate from the condition of our Crown. birth, being naturalized under a monarchial government, and not a popular and tumultuary government, depending upon the greatest number of votes of persons of several humors and dispositions, as this of a company must be granted to be; from whose general quarter courts all laws binding the planters here, did and would issue.

"2dly. We cannot, without breach of natural duty Effect upon the and religion, give up and resign the lands which we tenure of had granted, and hold, from the king, upon certain lands. annual rents (fitter as we humbly conceive, if his majesty shall so please, for a branch of his own royal stem, than for a company) to the claim of a corporation; for besides our births, our possessions enjoin us as a fealty without a salva fide aliis dominis.

upon

"We conceive by admission to a company, the free- Its effect dom of our trade (which is the blood and life of a trade. commonwealth) is impeached; for they who with most secret reservation, and most subtilty argue for a company, tho' they pretend to submit the government to the king, yet they preserve to the corporation propriety

PART I.

to 1651.

Remon

strance,

upon trade.

VIRGINIA,

Virginia a to the land, and power of manageing the trade, which Royal Colony, 1625 word manageing, in any sense taken, we can no ways interpret, than a convertible to monopolizing, for whether in this sense, that all the commodities raised &c., 1642. in the colony shall be parted with, exchanged, or vended at such rates and prizes as they shall set down; or such wares and merchandizes as they shall import, or be disposed into their magazine, or such bottoms as shall from time to time be licensed or ordered by them; or whether in this sense, that the planters, (may part with) Its effect only such commodities and in such proportions as by advice and determination of their quarter courts shall be directed, still the terms and conditions of the planters are subjected to a monopoly that is to their sole guidance, governing and manageing; with what reason we leave to the world to judge: For though we subAnd Colo- mit in depth of judgment and understanding to such as shall sit at the helm there; yet it is very possible, and indeed most probable, that at this distance wise men may mistake; and there is more likelihood that such as are acquainted with the clime and the accidents thereof, may, upon better grounds, prescribe our advantages, both for quantity and quality of commodities; which by the bounty of his majesty we now enjoy by our grand assembly; and in any other way will be destructive unto us according to our possession."

nial freedom.

"Though we admit the pretence that the government shall be made good to the king, that is, that the king shall nominate and appoint the governor-First, we find it directly besides the scope of the part which insists upon restoring the company in all formalities; Next, we take it at best for a falicie and trap not of ca

pacity enough to catch men with eyes and foresight; Govern- for upon a supposition that a governor shall be named ment of and appointed by his majesty, yet his dependence (so the Colony how affect- far forth as continuing or displacing) will, by reason of ed by it. their power and interest in great men there, rest in them; which necessarily brings with it conformity to

DURING THE REIGN OF CHARLES I.

PART I.

their wills in whatsoever shall be commanded, which Virginia a how pernicious it will be to the colony, according to Royal Colony our assertion in this head, we leave to the ablest judg-1625-51.

ments.

tion of the

ed.

"We, the Governor, Councel and Burgesses of this Restorapresent grand assembly, having taken into serious con- Company sideration these, and many other dangerous effects, not desirwhich must be concometent in and from a company or corporation, have thought fit to declare, and hereby do declare, from ourselves and all the commonalty of this colony, that it was never designed, sought after, or endeavored to be sought for, either directly or indirectly, by the consent of any grand assembly, or the common consent of the people: And we do hereby further declare and testifie to all the world, that we will never admit the restoring of the said company, or any for or in their behalfs, saving to ourselves herein a most faithful and loyal obedience to his sacred majesty, our dread soveraine, whose royal and gracious protection, and allowance, and maintenance of this our just declaration and protestation, we doubt not, according to his accustomed clemency and benignity to his subjects, to

find.

tion.

"And we do further enact, and be it hereby enacted Penalty for advocating and manifested per authority aforesaid, that what person its restoraor persons soever either is, or hereafter shall, by any way or means, either directly or indirectly, to sue for, advise, assist, abet, countenance, or contrive the reducing of this colony to a company or corporation, or to introduce a contract or monopoly upon our persons, lands or commodities, upon due proof or conviction of any of the premises (to wit) by going about by any way or means to sue for, advise, assist, abet, countenance or contrive, the reducing this colony to a company or corporation; or to introduce a contract or monopoly as aforesaid; upon due conviction as aforesaid shall be held and deemed an enemy to the colony and shall forfeit his or their whole estate, or estates, that

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