James put forth his arrogant pretensions, his people and their representatives in Parliament were far from assenting to his principles and his course.' But it does not appear that in the act of Elizabeth in which she gave a title to land, and granted authority to rule, the rightful authority of the sovereign was really exceeded. A title to land was granted by the English monarchs in their character as Lords Paramount. "All the lands in the kingdom," it is said, "is supposed to be holden mediately or immediately of the king, as Lord Paramount." That the holder of the crown was to be regarded as the original proprietor of all the lands in the kingdom, could hardly be considered as more than a fiction of law; yet the public domain comprizing those lands which remained unappropriated, was held by the king, and was distributed according to his pleasure. According to the theory of the British government, all vacant lands were vested in the crown, as representing the nation, and the exclusive power to grant them was admitted to reside in the crown, as a branch of the royal prerogative, and under such grant the subject could take, hold, and possess these lands in full propriety. This continued to be the case long subsequent to the time of Elizabeth, and until the passage of the statute of Queen Anne, in the year 1701. In consequence of this statute, the power of the sovreign over the lands in question, became measurably restricted.

As a grant of property then, the patent given to Sir Humphrey Gilbert.was issued in accordance with law, or least without any violation of law The other part of the grant, the power to establish government, was based upon similar grounds. It did not belong to the king, as a part of his prerogative, to determine the form of government, throughout his entire dominions; but the laws and customs of the country allowed a different exercise of power, in different parts of the kingdom. Counties Palatine had

"The king thought that the lavish tongues of men pryed too narrowly into the secrets of his prerogative which were mysteries too high for them, being arcana imperii, fitted to be admired rather than questioned. But the Parliament were apprehensive enough that these hidden mysteries made many dark steps into the people's liberties; and they were willing by the light of law and reason to discover what was the king's, and what was theirs."-Parl. Hist.

2 Blackstone.

their own rulers and laws; some places were not affected by acts of Parliament, unless specially named therein, and where possession was taken of vacant territories, the king, jure coronce had the power of instituting government therein, provided that such government was consonant to English usages and laws.

The patent now granted by the Queen, gave authority for the establishment of a proprietary government, a form in which both property and power are placed in the same hands. "Proprietary governments," says a high authority," "are granted out by the crown to individuals, in the nature of feudatory principalitics, with all the inferior regalities, and subordinate powers of legislation which formerly belonged to Counties Palatine, yet still with these express conditions that nothing be attempted which may derogate from the sovereignty of the mother country."

In its general scope then, the grant to Sir Humphrey Gilbert was sanctioned by the customs and laws of England.

Very soon after the reception of the patent, Gilbert made a voyage to America, but in consequence of disasters met with in the course of his voyage, he was compelled to return without effecting a settlement. But soon afterwards he renewed the attempt. In the year 1583, he departed from London, and after a more prosperous voyage, arrived in America with a company of two hundred and sixty persons. He took possession of St. John's, in Newfoundland, and made proclamation of his right and title to the country.♦ He proceeded at once to exercise his authority, and enacted three principal laws for the government of his colony. By the first of these, public worship was established according to the Church of England, by the second, the attempting of any thing prejudicial to her majesty's title, was declared to be treason according to the laws of England; by the third, the uttering of words to the dishonor of her majesty, was to be punished with loss of ears, and the confiscation of property. These were the first laws ever made and promulgated in the

3 Blackstone.

• Gilbert says, "On the 5th day of August I entered here, in the right of the Crown of England, and have engraven the arms of England."

Letter to George Peckham.

country. They form a brief code but a rigid one, and these laws are worthy of notice, not only from their position in legislative history, but also as an exhibition of the temper of government, at that time. They show the measure of liberty in thought, and word, and deed, that was then allowed to the subjects of Britain."

But Sir Humphrey Gilbert did not live to bring his government into actual operation. He was lost soon afterwards in an attempt to return to England, and the enterprize he had engaged in, totally failed.

The next effort for the establishment of a colony in America, was made under the direction of Sir Walter Raleigh. It may be that the grant to Raleigh, who was the half brother of Sir Humphrey Gilbert, was designed, in part, as an extension of that which had been made to the latter. Whether so or not, the conditions were nearly the same. Raleigh's grant was conveyed by an instrument which bore the name or title of "Letters Patents graunted by the Queenes Majestie to M. Walter Ralegh now Knight, for the discovering and planting of new lands and countries, to continue the space and time of six yeers and no more." Dated March 25th, 1584.

The condition of this grant in respect to time, was not designed as an absolute limitation, it meant no more than that the undertaking must be entered upon within the time mentioned. Raleigh was a man of vigorous and ardent mind, and he immediately prepared to make use of the advantages given in his patent. He

It would seem that the people with Gilbert were well satisfied with his enactments. It is said, "that obedience was promised by generall voyce, and consent of the multitude, as well of Englishmen as strangers, praying for the continuance of this possession, and government begun."

It is asserted by Stith, (Stith's Virginia,) that "on the 14th of September, Raleigh's Patent was confirmed in Parliament, and a proviso added." The reason of the application to Parliament is not given. It could hardly have been supposed that a confirmation by Parliament was necessary in order to give validity to the instrument, and the "proviso" might have been added by the Queen, by the same power that enabled her to make the original grant. But whatever may have been the cause of the application, it affords the first example of the action of Parliament in the affairs of America.

4

Armidas and Barlow.

equipped and sent out two ships under the command of Captains They arrived on the American coast on the 4th of July, 1584. They landed at several places, and examined the surrounding country, they had frequent and friendly interviews with the native tribes, and engaged in some traffic. At their return, the English commanders made a most favorable report, and Queen Elizabeth dirçeted, that the country they had visited, should be called Virginia. The portion of territory. to which this name was given, extended from the thirty-fourth to the forty-fifth degree of latitude.

Raleigh engaged in several attempts to colonize Virginia. Acting either singly, or in concert with others, he caused several bodies of men to be sent out at different times and settled in the country. These colonies maintained their positions for a time; the settlers erected forts and dwellings, acquired a knowledge of the land, and of the natives, and made some feeble attempts to establish government. But in the end, the enterprize was wholly abandoned. Some of the colonists perished from exposure and want, others from the hostility of the savage tribes, and the survivors embraced the first opportunities that offered to return back to England."

It was the error of Raleigh and his associates that they failed in a proper concentration of means. Their resources and their efforts were great, but they were expended in repeated and distant attempts. No one of the bodics sent into the country was possessed of sufficient strength to ensure success, yet they were not sustained by timely assistance. Of consequence, these bodies fell by successive disasters, and each time the ruin was so complete, as to destroy not only the labors of the past, but also all hope for the future; so far as these bodies were con-cerned, all expectation was extinguished.

It is commonly stated that Raleigh's Patent was afterwards forfeited in consequence of his attainder. But before the final dissolution of the colonies established by him, he had made an assignment of his privileges and rights, (with some reservations,) to Thomas Smith, and other merchants and adventurers. This assignment was made on the 7th of January, 1589. The assignees attempted or effected but little, and at length either relinquished their claims, or becamė parties in the companies subsequently formed.

About this period the pretentions of the French were again advanced. In November, 1603, Henry IV. of France made a grant of territory upon the American continent to the Sieur De Monts, a gentleman of the Bedchamber. This grant extended from the fortieth to the forty-sixth degrees of latitude. De Monts was constituted Lieutenant General, with power to colonize and rule the country, and to subdue and christianize the native inhabitants. De Monts himself was a Calvinest, but he agreed to establish the Catholic religion within the new lands. He made a voyage to America with a company of adventurers, and effected a settlement which however was soon afterwards abandoned.

The re-appearance of the French at this time, manifested a disposition to persist in their claims upon the American continent, and the attempt just noticed, together with others that succeeded, eventually led to a disbute between England and France which was finally determined by an appeal to the sword.

For some years subsequent to the issue of Raleigh's attempts, Virginia was almost entirely neglected. Different navigators visited the country, among whom Bartholomew Gosnold deserves to be particularly noticed; but no new settlements were made, and finally, at the close of the reign of Queen Elizabeth, it is doubtful whether a single Englishman remained within the limits of Virginia, or indeed in any part of Northern America. Yet the efforts that had been made were not without fruit. The country had been brought into notice, a period of actual possession had given additional strength to the English title, the settlers had examined the lands, and the difficulties to be encountered had become known from actual trial. The first adventurers had suffered, and many of them had perished; they had not been able to secure the country for themselves, but they had rendered the way to possession more easy and safe to others.

The beginning of a new reign was also the beginning of a new era in colonial history, an era of much vicissitude but marked by ultimate success.

In the year 1606, application was made to James the First, by divers persons, for authority to engage in a new attempt to colo