University of Virginia Library

The Change in Character from 1606 to 1609

The fact that the source of authority before 1609 was in the Crown is
nowhere so clearly evidenced as in the records themselves. The fundamental
documents emanated from the King and his Council or from the council for
Virginia representing the royal authority, all instructions to officers bore the
sign manual and all letters and reports from Captain Newport, from Edward-
Maria Wingfield, and from his associates were addressed to the council for Virginia.
Furthermore, the president and council appeared in the name of the Crown as the
plaintiffs in a suit by which an attempt was made to enforce the contract with the
master of the "Guift of God" for supplying provisions to the passengers in a
voyage to North Virginia.[19] The direct relations of the planters to the Crown are
similarly emphasized by two heretofore unpublished documents, which are in the
Library of Congress, consisting of the oaths administered to the colonists and
to the secretary of the colony.[20]

The commercial status of the undertaking is more difficult to determine than the
political. That the company was organized for the purpose of exploration and trade
has been proved, but whether the control of trade was vested in the council or in
companies or groups of undertakers is uncertain. The exact relation of the council
to the plantation and of the Crown to the enterprise must have been stated in the

court book, in which were kept the records of the acts of the council and
perhaps of the companies for the administration of trade. This book, covering
the period from the 28th of January, 1606, to the 14th of February, 1615, was in
the possession of the company as late as 1623, but unfortunately no trace of the
book has yet been discovered and even its existence has heretofore been unknown.[21]

Whatever may have been the source of control, the narrations of Captain
Percy, Edward-Maria Wingfield, and Captain Newport indicate that the business of
the company consisted chiefly in raising funds and equipping expeditions to be sent
to Virginia under Captain Newport. This failure of the investment to bring in
returns of gold and silver and of articles for trade, or to accomplish anything in
the way of discovery of trade routes to the East Indies during the first three years,
served to convince both King and undertakers that a change in method of control
was essential. The document known as "Reasons against publishing the Kings
title to Virginia. A justification for planting Virginia"[22] seems to show an agitation
among the investors arising from fear lest the desire to placate Spain, or religious
considerations, might lead the Crown to abandon the scheme. The arguments there
adduced may well explain the readiness of the King to surrender not only the com-
mercial and territorial control but also full rights of government to the corporate
body of the Virginia company, and thus to avoid any rupture with Spain. Certain
it is that the desire for more direct authority and for securing larger investments
were the motives of the petitioners in asking for a new charter.

As a result of this movement the letters patent of 1609 were issued, transform-
ing the undertakers into a body politic. In this case also the documents are
especially characteristic of the organization. Whereas the Crown was formerly the
source of all power, beginning with 1609 the council of the company, acting as a
standing committee for the adventurers rather than in the name of the King,
exercised the controlling authority. After the charter of 1612 had provided for
more frequent meetings of the generality, the council was gradually superseded by
special committees and the tendency arose to decide all matters of importance in
the general quarter courts and to insist upon all communications being addressed
to the company rather than to the council. The act of incorporation erected a
commercial company and made it the overlord of a proprietary province. It at
once strengthened its plantation as a center for traffic and established a system for
joint management of land and trade to extend over a period of seven years, prom-

ising dividends to the adventurer and support to the planter. The records of the
corporation reveal as clearly as do its broadsides and pamphlets that it was a business
venture. These records may be grouped into seven classes.[23]