degrees north latitude, but
gave to each company only a tract fronting one hundred miles on the
sea and extending one hundred miles inland. The London Company was
authorized to locate a plantation called the First Colony in some fit
and convenient place between thirty-four and forty-one degrees, and
the Plymouth Company a Second Colony somewhere between thirty-eight
and forty-five degrees, but neither was to plant within one hundred
miles of the other.
The charter contained "not one ray of popular rights," and neither the
company nor the colonists had any share in the government. The company
must financier the enterprise, but could receive only such rewards as
those intrusted with the management by the home government could win
for them in directing trade, opening mines, and disposing of lands. As
for the emigrants, while they were declared entitled "to all
liberties, franchises, and immunities of British subjects," they were
to enjoy merely such privileges as officers not subject to them in any
way might allow them. The management of both sections of Virginia,
including the very limited grants to the companies, was conferred upon
one royal council, which was to name a local council for each of the
colonies in America; and both superior and subordinate councils were
to govern according to "laws, ordinances, and instructions" to be
given them by the king.[5]
Two days after the date of the charter these promised "laws," etc.,
were issued, and, though not preserved in their original form, they
were probably very similar to the articles published during the
following November.[6] According to these last, the superior council,
resident in England, was permitted to name the colonial councils,
which were to have power to pass ordinances not repugnant to the
orders of the king and superior council; to elect or remove their
presidents, to remove any of their members, to supply their own
vacancies; and to decide all cases occurring in the colony, civil as
well as criminal, not affecting life or limb. Capital offences were to
be tried by a jury of twelve persons, and while to all intents and
purposes the condition of the colonists did not differ from soldiers
subject to martial law, it is to the honor of King James that he
limited the death penalty to tumults, rebellion, conspiracy, mutiny,
sedition, murder, incest, rape, and adultery, and did not include in
the number of crimes either witchcraft or heresy. The articles also
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