Council of Thirteen, with two companies, one of North, and the other of South-Virginia, for carrying into execution the plans of colonization in the country.* The venerable Sir John Popham,† Chief-Justice of England by the appointment of Elizabeth, a man of vast wealth and influence, became the patron of the Company; and his son, Sir Francis Popham, was appointed by the King, with Sir Ferdinando Gorges, one of the Council of Thirteen, under whom, as the Council of Virginia, the work of colonization was to be carried forward. From the great fame of Chief-Justice Popham, and his interest in the matter, the colony sent by the NorthVirginia Company was popularly known as Popham's Colony, though his name was not in the charter, or included among the Council. "The planting of NewEngland in the North, was by Chief-Justice POPHAM, said the Scotch adventurers, in their address to the King, September ninth, 1630, recently brought to our notice from the British State Paper Office. In a work entitled Encouragement to Colonies, by William Alexander, Knight, in 1625, he says: "Sir John Popham * The COUNCIL OF VIRGINIA, appointed by King James, November twentieth, 1606, consisted of fourteen persons instead of thirteen. Their names are given in a subsequent note. † Sir John Popham was born at Huntsworth, near Wellington, in Somersetshire, in 1531. He was at Oxford in 1547, became distinguished at the bar in 1560; was made Sergeant at Law, and Solicitor General, June twenty-sixth, 1579. He was Speaker of the Commons in 1581; became Attorney-General June first,1581. He was knighted 1592; made Chief-Justice of the Queen's Bench June eighth, 1592. He assisted at King James's coronation in 1603. September fifth and sixth, 1604, King James and the Queen were entertained at Littlecote, the residence of the Chief-Justice. He was the richest lawyer of his time, having an income of ten thousand pounds per year. He died June first, 1607, and was buried at Wellington. His eldest son was Sir Francis Popham, whose eldest son, John Popham, married June twenty-first, 1621, Mary, only daughter of Sebastian Harvey, at Stoke Newington, but had no children. The family of the Chief-Justice is supposed to be extinct. The fact of his appointment as Chief-Justice by Elizabeth, in the later years of her life, proves him to have been a great lawyer. Elizabeth appointed the ablest men she could find to public office. See this charter in full in Poor's Vindication. Appendix. This paper is now printed for the first time in the appendix to Poor's Vindication of Gorges. sent the first colony that went, of purpose to inhabit there near to Sagadahoc."* But until the comparatively recent publication of Strachey, the history of this colony was almost unknown. Two unsuccessful attempts at planting a colony were made in 1606.† On the thirty-first of May, 1607, the first colony to New-England sailed from Plymouth for the Sagadahoc, in two ships-one called the "Gift of God," whereof George Popham, brother of the Chief Justice, was commander; and the other, the "Mary and John," commanded by Raleigh Gilbert- -on board which ships were one hundred and twenty persons, for planters. They came to anchor under an island, supposed to be Monhegan, the thirty-first of July. After exploring the coast and islands, on Sunday, the ninth of August, 1607, they landed on an island they called St. George, where they heard a sermon, delivered unto them by Mr. Seymour, their preacher, and so returned aboard again. On the fifteenth of August they anchored under Seguin, and on that day the "Gift of God" got into the river of Sagadahoc. On the sixteenth, after a severe storm, both ships got safely in, and came to anchor. On the seventeenth, in two boats, they sailed up the river-Captain Popham in his pinnace, with thirty persons, and Captain Gilbert in his long-boat, with eighteen persons, and "found it a very gallant river; many good islands therein, and many branches of other small rivers falling into it," and returned. On the "eighteenth, they all went ashore, and there made choice of a place for their plantation, at the mouth or entry of the river, on * A copy of this rare work is in the possession of Gen. Peter Force, of Washington City. See Poor's Vindication, pp. 38, 39. Note by R. H. Major, editor of Strachey's Travaile into Virginia, p. 27. Published by the Hakluyt Society-one of the volumes of its series. Hubbard's History of Massachusetts Bay, p. 10. the west side, (for the river bendeth itself towards the nor-east and by east,) being almost an island, of good bigness, in a province called by the Indians, 'Sabino'so called of a Sagamo, or chief commander, under the grand bashaba." On the nineteenth, they all went ashore where they had made choice of their plantation, and where they had a sermon delivered unto them by their preacher, and after the sermon, the President's commission was read, with the patent,* and the laws to be observed and kept.† * By the original charter, the company had the right to sell lands, work mines, coin money, transport thither colonists, expel by force all intruders, raise a revenue by imposts, carry out goods free of duty to the Crown, for seven years, with a denization of all persons born or residing in the country. A constituent code of laws was prepared, and signed by King James, in accordance with the provision to this effect set forth in the seventh section of the charter of April tenth, 1606. Lucas's Charters of the Old English Colonies, p. 4. This constituent code is contained in two ordinances, or articles of instructions, from the King, namely: I. Ordinance dated November twentieth, 1606, appointing Sir William Wade, Sir Walter Cope, Sir Francis Popham, as the Council of Virginia. Thomas Warr, Esq., Sir Thomas Smith, This ordinance provided that Sir Henry Montague, 1. Each colony may elect associates, and annually elect a President for one year; and assistants or councillors for the same time. 2. The Christian religion shall be preached and observed as established in the realm of England. 3. Lands shall descend to heirs as provided by law in England. 4. Trial by jury of twelve men, in all criminal cases. Tumults, rebellion, conspiracy, mutiny and sedition, murder, manslaughter, incest, rape and adultery, only, are capital offences, 5. In civil causes, the President and Council shall determine. They may punish excesses in drunkenness, vagrancy, etc. 6. All produce, or goods imported, to be stored in the magazine of the Company. 7 They shall elect a clerk and treasurer, or cape-merchant. 8. May make laws needful and proper, consonant with the laws of England 9. Indians to be civilized and taught the Christian religion. 10. All offenders to be tried in the colony. 11. Oath of obedience to be taken. 12. Records of all proceedings and judgments fully set forth and preserved, implying a right of appeal. In all criminal cases, magistrates to suspend sentence till opportunity of pardon is had by the king. These were the laws "to be observed and kept." (See Poor's Vindication of Gorges. Appendix.) II. Ordinance, dated March 9th, 1607. On the recommendation, or nomination, of the Southern company, the following additional members of the Council of Virginia were appointed, namely: "George Popham, gent., was nominated President. Captain Raleigh Gilbert, James Davies, Richard Seymour, Preacher, Captain Richard Davies, Captain Harlowe, were all sworn assistants; and so they returned back again."* Thus commenced the first occupation and settlement of New-England. On a careful examination of this patent of King James, and of the articles, instructions and orders by him set down for the government of these colonies, we are struck with the sagacity and statesmanship every where evinced by the monarch. He rose superior to the notions of his times, reduced the number of capital offences to ten, and declared none should be capital but the more gross of political, and the more heinous of moral crimes. He gave them all the liberties they could desire. In the subsequent charters for Virginia and NewEngland, the same broad principles of self-government were in the main reënacted. In the contests with the King and Parliament of England, one hundred and fifty years later, the colo Sir Thomas Challoner, Kt., Sir George Kopping, Kt., Sir Thomas Rowe, Kt., Sir Thomas Holcroft, Kt., Sir Oliver Cromwell, Kt., Sir Robert Kelligrew, Kt., Sir Edw'd Michilbourne, Kt., On the recommendation or nomination of the Northern Colony, the following additional members of the Council of Virginia were appointed: Sir Edw'd Hungerford, Kt.,Sir Richard Hawkins, Kt., Bernard Greenville, Esq., Sir Bartholomew Mitchell, Kt., Edward Rogers, Esq., Edward Seamour, Esq., Rev. Matthew Sutcliff, D.D. Sir John Mallett, Kt., Sir John Gilbert, Kt.,* Sir Thomas Freake, Kt., These appointments made the Council of Virginia to consist of forty instead of thirteen. There was a further provision that "any twelve of them, at least for the time being, whereof six at least to be members of one of the said colonies, and six more at least to be members of the other colony," "shall have power to choose officers, call meetings," etc. (See Poor's Vindication of Gorges. Appendix.) *Strachey, p. 301, Maine Hist. Coll. vol. iii. * Oldmixon's History of British Empire in America, says Sir John Gilbert was President of the Northern Virginia Company, p. 41. Stith's History of Virginia, pp. 74, 75. nists only demanded their ancient rights, as subjects of the British crown. From August 19, O. S., 1607, the title of England to the new world was maintained. At this place they opened a friendly trade with the natives, put up houses and built a small vessel, during the autumn and winter. Richard Bloome, in his History of the Present State of the Territories in America, printed in London 1687, says: "In the year 1607, Sir John Popham and others settled a plantation at the mouth of the river Sagadahoc. But Capt. James Davis chose a small place, almost an Island, to sit down in, when, having heard a sermon, read the patent and laws; and after he had built a fort, sailed further up the river. They call the fort St. George, Capt. George Popham being President; and the people (savages) seemed to be much affected with our men's devotion, and would say King James is a good King, and his God a good God; but our God, Tanto, is a naughty God. "In January, in the space of seven hours, they had thunder, lightning, rain, frost and snow all in very great abundance." On the 5th of February, 1608, George Popham died,* and his remains were deposited within the wall of his fort, which was named Fort St. George. 1 It is well known that the Popham Colony, or a portion of them, returned to England in 1608, with the ship they had built on this peninsula, the first specimen of naval architecture constructed on this continent, named the "Virginia of Sagadahoc." But this possession of the Popham Colony proved * Prince's New-England Chronology, p. 118; Brodhead's History of New-York, P. 14. |
