this conduct of the royal law-maker in itself illegal (November 20th).
But James proceeded with much eagerness to a task grateful alike to his
vanity and his principles of government.
By these articles of instruction, the King first establishes the general
council, to remain in England, for the superintendence of the colonies.
It consisted originally of thirteen, but was afterward increased to
nearly forty, and a distinction was made in reference to the London and
Plymouth companies. In this body we note many names which were afterward
well known both in the interests of America and the mother-land.
Sir William Wade, lieutenant of the Tower of London; Sir Thomas Smith,
Sir Oliver Cromwell, Sir Herbert Croft, Sir Edwin Sandys, and others
formed a power to whom were intrusted many of the rights of the intended
settlement. They were authorized, at the pleasure and in the name of his
majesty, to give directions for the good government of the settlers in
Virginia, and to appoint the first members of the councils to be resident
in the colonies.
These resident councils thus appointed, or the major part of them, were
required to choose from their own body a member, not being a minister of
God's Word, who was to be president, and to continue in office for a
single year. They were authorized to fill vacancies in their own body,
and, for sufficient cause, to remove the president and elect another in
his stead; but the authority to "increase, alter, or change" these
provincial councils was reserved as a final right to the King.
The Church of England was at once established, and the local powers were
to require that the true word and service of God, according to her
teachings, should be preached, planted, and used, not only among the
settlers, but, as far as possible, among the sons of the forest.
The crimes of the rebellion, tumults, conspiracy, mutiny, and sedition,
as well as murder, incest, rape, and adultery, were to be punished with
death, without benefit of clergy. To manslaughter, clergy was allowed.
These crimes were to be tried by jury, but the president and council were
to preside at the trial--to pass sentence of death--to permit no reprieve
without their order, and no absolute pardon without the sanction of the
King, under the great seal of England.
But with the exception of these capital felonies, the president and
council were authorized to hear and determine all crimes and
misdemeanors, and all civil cas
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