England in America, 1580-1652 by Lyon Gardiner Tyler
page 39 of 362 (10%)
page 39 of 362 (10%)
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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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