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 preamble of the statute of 1609 for "punishing rogues" makes known
the inactivity of the magistrates in the enforcement of former
provisions, and the desuetude into which this law had fallen. It
declares that the earlier "Statutes had not been duly and severely
putt in execution." Therefore the requisitions are made stronger, to
bind the proper officers to their more stringent execution, in regard
to "Houses of Correction." Transportation is not even hinted at. This
previous easy state of affairs on this topic shows that the rigor of
expulsion, ascribed to Popham, is a thought of later times.
It is also to be noted, that the Charter of 1606 is in strict harmony
with the fact that the expired law had not been revived. Among the
twenty-seven Acts of 3, 4 James, 1605-6, and the thirteen of 4, 5
James, 1606-7, no one appears on the pages to authorize the
exportation of criminals. Those who went to either of the Virginias
were to go "willingly," and enjoy their "liberties." If, in any other
book of laws besides the "Statutes of the Realm," if there be such, or
by any new and singular interpretation of any provision there can be
found a rule requiring the transportation of convicts, it will not
thence follow that any were sent to Sagadahoc. For the Charter will
still say that only _volunteers_ were to go, who should be free men as
long as they remained in connection with the company.
I did not refer to Ogilby and Chalmers as original authorities, but as
good investigators. The former has been long known. My favorable
opinion of the latter is drawn from the Preface to his "Introduction
to the History of the Revolt in the American Colonies." Your
correspondent seems to undervalue him. But to sustain my estimate, I
may quote the expressions of the American editor of the above-named
volumes. "His works are deemed to possess much merit as the result of
profound research and a discriminating judgment."--"His official
station gave him access to all state papers."--"He took advantage of
this opportunity, to investigate in its original sources the history
of the colonies."--"His work (Political Annals) has ever been quoted
with entire confidence and respect; and this circumstance speaks
clearly in favor of the author's candor and honesty." When he speaks
of no earlier transportation than 1619, I have been ready to give him
credit. Your correspondent refers to him as writing, "that the policy
of sending convicts to the plantations originated with King James, and
that in the year 1619 he issued an order to send a hundred dissolute
persons to Virginia." I am content with this statement. Bancroft
thinks "some of them were convicts: but it must be remembered that the
crimes of which they were convicted were chiefly political;" and
political felons, as well as those whom in the same volume he calls
"the Puritan felons that freighted the fleet of Winthrop," were
"endangered by the law;" and yet not for this reason to be regarded as
Public-domain text, read in full here on John Shaqi.
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