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England in America, 1580-1652 by Lyon Gardiner Tyler
page 39 of 362 (10%)
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
provided that all property of the two companies should be held in a
"joint stock" for five years after the landing.[7]

The charter being thus secured, both companies proceeded to procure
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