United States -- History -- Colonial period, ca. 1600-1775
King James, unlike Elizabeth, did not favor colonization; but he was
induced to yield his consent to this undertaking. The colonies established
under the charter were directly under the king's control, and not under
that of Parliament. The government of the two proposed colonies was placed
in the hands of two resident councils, of thirteen members each, nominated
by the Crown from among the colonists; while above them was a general
council of fourteen in England, also appointed by the king. Afterwards,
eleven other persons, similarly selected, were added to the council in
England.
Sidenote: Royal instructions to the Virginia colonists.
The resident council was to govern according to laws, ordinances, and
instructions dictated by the Crown. The royal instructions sent out with
the first colonists to Virginia stipulated that the Church of England and
the king's supremacy must be maintained, but the president of the council
must not be in holy orders. The land tenure was to be the same as in
England. Jury trial was guaranteed. Summary punishment must be enforced for
drunkards, vagrants, and vagabonds, while the death penalty was prescribed
for rioting, mutiny, and treason, murder, manslaughter, and offences
against chastity. The resident council might coin money and control the
extraction of all precious metals, giving one fifth to the Crown. It might
also make provisions for the proper administration of public affairs; but
all laws were to remain in vogue only conditionally, till ratified by the
general council in England or the Crown. In another clause the king
declared that all ordinances should be "consonant to the laws of England
and the equity thereof." All trade was to be public, and in charge of a
treasurer or cape merchant,--an officer chosen by the resident council from
its own membership. All the produce of the colony was to be brought to a
magazine, from which settlers were to be supplied with necessaries by the
cape merchant. Doyle says: "The company ... was to be a vast joint-stock
farm, or collection of farms, worked by servants who were to receive, in
return for their labor, all their necessaries and a share in the proceeds
of the undertaking." As a pious afterthought, the colonists were admonished
"to show kindness to the savages and heathen people in those parts, and use
all proper means to draw them to the true knowledge and service of God."
Sidenote: The rights of the patentees.
The rights given to the patentees, represented in the general council in
England, were: free transport of emigrants and goods, the right to exact a
duty of two and one half per cent on trade with the colony by Englishmen,
and five per cent on trade by foreigners. For twenty-one years the proceeds
of the enterprise were to accrue to the company; after that, to the Crown.
Sidenote: The king is granted too much power.
Public-domain text, read in full here on John Shaqi.
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