,
without their authority, attempt to settle, or trade, within their
jurisdiction, and to seize, and detain the persons, and effects, of
such intruders, until they should pay a duty of two and one-half _per
centum ad valorem_, if subjects, but of five _per centum_ if aliens.
These taxes were to be applied, for twenty-one years, to the use of
the adventurers, and were afterwards to be paid into the royal
exchequer.
[Sidenote: Code of laws for the colony drawn up by the King.]
While the council for the patentees were employed in making
preparations to secure the benefits of their grant, James was
assiduously engaged in the new, and, to his vanity, the flattering
task of framing a code of laws for the government of the colonies
about to be planted. Having at length prepared this code, he issued it
under the sign manual, and privy seal of England. By these
regulations, he vested the general superintendence of the colonies, in
a council in England, "composed of a few persons of consideration and
talents." The church of England was established. The legislative and
executive powers within the colonies, were vested in the president and
councils; but their ordinances were not to touch life or member, were
to continue in force only until made void by the King, or his council
in England for Virginia, and were to be in substance, consonant to the
laws of England. They were enjoined to permit none to withdraw the
people from their allegiance to himself, and his successors; and to
cause all persons so offending to be apprehended, and imprisoned until
reformation; or, in cases highly offensive, to be sent to England to
receive punishment. No person was to be permitted to remain in the
colony without taking the oath of obedience. Tumults, mutiny, and
rebellion, murder, and incest, were to be punished with death; and for
these offences, the criminal was to be tried by a jury. Inferior
crimes were to be punished in a summary way, at the discretion of the
president and council.
Lands were to be holden within the colony as the same estates were
enjoyed in England. Kindness towards the heathen was enjoined; and a
power reserved to the King, and his successors to ordain farther laws,
so that they were consonant to the jurisprudence of England.[11]
[Footnote 11: Robertson.]
Under this charter, and these laws, which manifest, at the same time,
a total disregard of all political liberty, and a total ignorance of
the real advant
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