The Popham Colony : $b a discussion of its historical claims, with a bibliography of the subject — John Shaqi
The Popham Colony : $b a discussion of its historical claims, with a bibliography of the subjectPoole, William Frederick
History
The Popham Colony : $b a discussion of its historical claims, with a bibliography of the subject
Poole, William Frederick
Maine -- History -- Colonial period, ca. 1600-1775
The statute for the punishment of rogues by banishment, already noted,
(39 Eliz. ch. iv.,) expired by its own limitation, in 1601; when it
was renewed, to continue till the end of the first session of the next
Parliament, which was held in 1603-4. It was then re-enacted, (1
James, ch. iv. and xxv.,) when the additional provision was made, that
persons condemned under its sanctions should be branded on the left
shoulder with "a greate Romane R," for their detection in case of
their unlicensed return, so as to secure the death of the offender,
"as in case of Felonie." This statute was to continue "until the end
of the first session of the next Parliament" (ch. xxv.). I have no
means at hand of knowing the precise date when this session closed;
but the Parliament itself ended on May 27, 1606, and the _statute was
not revived_. The temper of the king and that body was shown in the
statute (3 James ch. xxvii.) entitled, "An acte for the King's most
gracious generall and free Pardon." The next Parliament began Nov. 18,
1606, and ended July 4, 1607. Such was the forbearance of the supreme
legislature in relation to the transportation of condemned criminals,
that the session passed away, and the law, that had expired by its own
limitation, was allowed to remain in this state of its natural death.
Transportation seems not to have been in favor.
Therefore, from "the end of the firste session" of the Parliament
whose final session was terminated May 27, 1606, till after the Popham
Colony sailed, May 31, 1607, there was no statute of transportation in
existence.
A re-enactment of the law, or rather a law for punishing rogues by the
workhouse, and not by transportation, was not made until the
Parliament beginning Feb. 9, 1609. This was four days more than a year
after George Popham's death, and a year and a half after the death of
the Chief Justice. So that here was at least an interval of more than
two years and three-fourths, when there was no law for the exile of
convicts from the royal dominions. In this space of time, the Popham
Colony had its beginning, its continuance and its end,--beginning more
than a year after the law had died; continuing through the larger part
of the year; and ending nearly another year before it was revived, in
a very different form, and with a milder penalty. During this period,
no law appears in the "Statutes of the Realm" for the transportation
of convicts; and it is perfectly incredible that any persons were so
sentenced by the justices of the peace, and sent to Sagadahoc under
any sanction of the highest judicial authority in the realm, with the
specific designation of the place by the Privy Council.
Public-domain text, read in full here on John Shaqi.
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