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History of Jamestown, Virginia (1607–99)
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The James Fort c. 1608 as depicted on the map by Pedro de Zúñiga
Jamestown was the first settlement of the Virginia Colony, founded in 1607, and served as capital of Virginia until 1699, when the seat of government was moved to Williamsburg. This article covers the history of the fort and town at Jamestown proper, as well as colony-wide trends resulting from and affecting the town during the time period in which it was capital.
Contents
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1 Arrival and First Landing
2 Exploration, seeking a site
2.1 The selection of Jamestown
2.2 Original Council
3 The early settlement
3.1 Construction of the fort
3.2 First Supply
3.3 Second Supply
4 Ongoing struggles
4.1 Smith's role
4.2 Virginia Company of London's unrealistic expectations
4.3 Pocahontas
5 The Starving Time
5.1 Third supply
5.2 Lord De La Warr
6 Expansion beyond Jamestown
6.1 First Anglo-Powhatan War
6.2 Tobacco
6.3 Governor Dale, Dale's Code
6.4 Henricus
6.5 An investor relations trip to England
7 Changing social and political order
7.1 1619: First democratic assembly
7.2 1619: First Africans
7.3 1620: More craftsmen from Germany and Italy arrive
7.4 1621: Arrival of marriageable women
8 Indian Massacre of 1622
9 Royal Colony
9.1 New Town and palisade
9.2 Third Anglo-Powhatan War
9.3 Governor Berkeley, Bacon's Rebellion
10 The capital moves from Jamestown to high ground
11 Later History
12 References
13 Further reading
14 External links
Arrival and First Landing[edit]
Reenactment of the first landing on the 400th anniversary as part of the Jamestown 2007 commemoration
The London Company sent an expedition to establish a settlement in the Virginia Colony in December 1606. The expedition consisted of three ships, Susan Constant (sometimes known as Sarah Constant), Godspeed, and Discovery. The Discovery was the smallest ship; the largest ship, the Susan Constant, was captained by Christopher Newport. The ships left Blackwall, now part of London, with 105 men and boys and 39 crew-members.[1][2]
By April 6, 1607, Godspeed, Susan Constant and Discovery arrived at the Spanish colony of Puerto Rico, where they stopped for provisions before continuing their journey. In April 1607, the expedition reached the southern edge of the mouth of what is now known as the Chesapeake Bay. After an unusually long journey of more than four months, the 104 men and boys (one passenger of the original 105 died during the journey) arrived at their chosen settlement spot in Virginia.[3] There were no women on the first ships.[4]
Arriving at the entrance to the Chesapeake Bay in late April, they named the Virginia capes after the sons of their king, the southern Cape Henry, for Henry Frederick, Prince of Wales, and the northern Cape Charles, for his younger brother, Charles, Duke of York. On April 26, 1607, upon landing at Cape Henry, Chaplain Robert Hunt offered a prayer, and they set up a cross near the site of the current Cape Henry Memorial. This site came to be known as the "first landing." A party of the men explored the area and had a minor conflict with some Virginia Indians.[5]
Exploration, seeking a site[edit]
Map in Marker in Puerto Rico's which traces the routes taken by the Godspeed, Susan Constant and the Discovery and which commemorates their stopping in Puerto Rico from April 5–10, 1607 on their way to Virginia.
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After the expedition arrived in what is now Virginia, sealed orders from the Virginia Company were opened. These orders named Captain John Smith as a member of the governing Council. Smith had been arrested for mutiny during the voyage and was incarcerated aboard one of the ships. He had been scheduled to be hanged upon arrival, but was freed by Captain Newport after the opening of the orders. The same orders also directed the expedition to seek an inland site for their settlement, which would afford protection from enemy ships.
Obedient to their orders, the settlers and crewmembers re-boarded their three ships and proceeded into the Chesapeake Bay. They landed again at what is now called Old Point Comfort in the City of Hampton. In the following days, seeking a suitable location for their settlement, the ships ventured upstream along the James River. Both the James River and the settlement they sought to establish, Jamestown (originally called "James His Towne") were named in honor of King James I.
The selection of Jamestown[edit]
On May 14, 1607, the colonists chose Jamestown Island for their settlement pretty much because the Virginia Company advised them to select a location that could be easily defended from attacks by other European states that were also establishing New World colonies and were periodically at war with England, notably the Dutch Republic, France, and Spain.
The island fit the criteria as it had excellent visibility up and down the James River, and it was far enough inland to minimize the potential of contact and conflict with enemy ships. The water immediately adjacent to the land was deep enough to permit the colonists to anchor their ships, yet have an easy and quick departure if necessary. An additional benefit of the site was that the land was not occupied by the Virginia Indians, most of whom were affiliated with the Powhatan Confederacy. Largely cut off from the mainland, the shallow harbor afforded the earliest settlers docking of their ships. This was its greatest attraction, but it also created a number of challenging problems for the settlers.
Original Council[edit]
King James I had outlined the members of the Council to govern the settlement in the sealed orders which left London with the colonists in 1606.[6]
Those named for the initial Council were:
Bartholomew Gosnold, Captain of Godspeed
Christopher Newport, Captain of Susan Constant, later of Sea Venture
George Kendall, later executed by capital punishment in Jamestown
John Martin, later founder of Martin's Brandon Plantation
George Percy, twice president of the council
John Ratcliffe, Captain of Discovery, second President of the Council
John Smith, third President of the Council, and author of many books from the period.
Edward Maria Wingfield, first President of the Council at Jamestown
The early settlement[edit]
Construction of the fort[edit]
The settlers came ashore and quickly set about constructing their initial fort. Many of the settlers who came over on the initial three ships were not well-equipped for the life they found in Jamestown. A number of the original settlers were upper-class gentlemen who were not accustomed to manual labor; the group included very few farmers or skilled laborers.[7] Also notable among the first settlers was Robert Hunt, chaplain who gave the first Christian prayer at Cape Henry on April 26, 1607, and held open-air services at Jamestown until a church was built there.
Despite the immediate area of Jamestown being uninhabited, the settlers were attacked less than two weeks after their arrival on May 14, by Paspahegh Indians who succeeded in killing one of the settlers and wounding eleven more. Within a month, James Fort covered an acre on Jamestown Island. By June 15, the settlers finished building the triangular James Fort. The wooden palisaded walls formed a triangle around a storehouse, church, and a number of houses. A week later, Newport sailed back for London on Susan Constant with a load of pyrite ("fools’ gold") and other supposedly precious minerals, leaving behind 104 colonists and Discovery.
It soon became apparent why the Virginia Indians did not occupy the site: Jamestown Island, then a peninsula, is a swampy area, and its isolation from the mainland meant that there was limited hunting available, as most game animals required larger foraging areas. The settlers quickly hunted and killed off all the large and smaller game animals that were found on the tiny peninsula. In addition, the low, marshy area was infested with airborne pests, including mosquitoes, which carried malaria, and the brackish water of the tidal James River was not a good source of water. Over 135 settlers died from malaria, and drinking the salinated and contaminated water caused many to suffer from saltwater poisoning, fevers, and dysentery. Despite original intentions to grow food and trade with the Virginia Indians, the barely surviving colonists became dependent upon supply missions.
First Supply[edit]
Main article: Jamestown supply missions § First supply mission
Newport returned twice from England with additional supplies in the following 18 months, leading what were termed the First and Second Supply missions. The "First Supply" arrived on January 2, 1608. It contained insufficient provisions and more than 70 new colonists.[8] Shortly after its arrival, the fort burned down.[9] The Council received additional members from the First and Second Supply missions brought by Captain Newport. These were: Matthew Scrivener (First Supply), and Peter Winne (Second Supply).
Second Supply[edit]
Main article: Second Supply
Working reconstruction of the Jamestown Glasshouse at Historic Jamestowne, located next to the ruins of the original glassworks constructed in 1608 by settlers from the Second Supply.
On October 1, 1608, 70 new settlers arrived aboard the English "Mary and Margaret" with the Second Supply, following a journey of approximately three months. Included in the Second Supply were Thomas Graves, Thomas Forrest, Esq and "Mistress Forrest and Anne Burras her maide." Mistress Forrest and Anne Burras were the first two women known to have come to the Jamestown Colony. Remains unearthed at Jamestown in 1997 may be those of Mistress Forrest.[10]
Also included were the first non-English settlers. The company recruited these as skilled craftsmen and industry specialists: soap-ash, glass, lumber milling (wainscot, clapboard, and ‘deal’ — planks, especially soft wood planks) and naval stores (pitch, turpentine, and tar).[11][12][13][14][15][16] Among these additional settlers were eight "Dutch-men" (consisting of unnamed craftsmen and three who were probably the wood-mill-men — Adam, Franz and Samuel) "Dutch-men" (probably meaning German or German-speakers),[17] Polish and Slovak craftsmen,[11][12][13][14][15][16] who had been hired by the Virginia Company of London's leaders to help develop and manufacture profitable export products. There has been debate about the nationality of the specific craftsmen, and both the Germans and Poles claim the glassmaker for one of their own, but the evidence is insufficient.[18] Ethnicity is further complicated by the fact that the German minority in Royal Prussia lived under Polish control during this period. Originally, the colony's Polish craftsmen were barred from participating in the elections, but after the craftsmen refused to work, colonial leadership agreed to enfranchise them.[19] These workers staged the first recorded strike in Colonial America for the right to vote in the colony's 1619 election.
William Volday/Wilhelm Waldi, a Swiss German mineral prospector, was also among those who arrived in 1608. His mission was seeking a silver reservoir that was believed to be within the proximity of Jamestown.[20] Some of the settlers were artisans who built a glass furnace which became the first proto-factory in British North America. Additional craftsmen produced soap, pitch, and wood building supplies. Among all of these were the first made-in-America products to be exported to Europe.[21] However, despite all these efforts, profits from exports were not sufficient to meet the expenses and expectations of the investors back in England, and no silver or gold had been discovered, as earlier hoped.
Ongoing struggles[edit]
Engraving depicting Capt. John Smith.
Smith's role[edit]
John Smith's map of Virginia, ca. 1609.
In the months before becoming president of the colony for a year in September 1608, Captain John Smith did considerable exploration up the Chesapeake Bay and along the various rivers. He is credited by legend with naming Stingray Point (near present-day Deltaville in Middlesex County for an incident there). Smith was always seeking a supply of food for the colonists, and he successfully traded for food with the Nansemonds, who were located along the Nansemond River in the modern-day City of Suffolk, and several other groups. However, while leading one food-gathering expedition in December 1607 (before his term as colony president), this time up the Chickahominy River west of Jamestown, his men were set upon by Powhatan Indians. As his party was being slaughtered around him, Smith strapped his Indian guide in front of him as a shield and escaped with his life but was captured by Opechancanough, the Powhatan chief's half-brother. Smith gave him a compass which pleased the warrior and made him decide to let Smith live.
Smith was taken before Wahunsunacock, who was commonly referred to as Chief Powhatan, at the Powhatan Confederacy's seat of government at Werowocomoco on the York River. However, 17 years later, in 1624, Smith first related that when the chief decided to execute him, this course of action was stopped by the pleas of Chief Powhatan's young daughter, Pocahontas, who was originally named "Matoaka" but whose nickname meant "Playful Mischief". Many historians today find this account dubious, especially as it was omitted in all his previous versions. Smith returned to Jamestown just in time for the First Supply, in January 1608.
In September 1609, Smith was wounded in an accident. He was walking with his gun in the river, and the powder was in a pouch on his belt. His powder bag exploded. In October, he was sent back to England for medical treatment. While back in England, Smith wrote A True Relation and The Proceedings of the English Colony of Virginia about his experiences in Jamestown. These books, whose accuracy has been questioned by some historians due to some extent by Smith's boastful prose, were to generate public interest and new investment for the colony.
Virginia Company of London's unrealistic expectations[edit]
The investors of the Virginia Company of London expected to reap rewards from their speculative investments. With the Second Supply, they expressed their frustrations and made demands upon the leaders of Jamestown in written form. It fell to the third president of the Council to deliver a reply. By this time, Wingfield and Ratcliffe had been replaced by John Smith. Ever bold, Smith delivered what must have been a wake-up call to the investors in London. In what has been termed "Smith's Rude Answer", he composed a letter, writing (in part):
"When you send again I entreat you rather send but thirty Carpenters, husbandmen, gardiners, fishermen, blacksmiths, masons and diggers up of trees, roots, well provided; than a thousand of such awe have: for except wee be able both to lodge them and feed them, the most will consume with want of necessaries before they can be made good for anything."[6]
Smith did begin his letter with something of an apology, saying "I humbly intreat your Pardons if I offend you with my rude Answer...",[22] although at the time, the word ‘rude’ was acknowledged to mean ‘unfinished’ or ‘rural’, in the same way modern English uses ‘rustic’. There are strong indications that those in London comprehended and embraced Smith's message. Their Third Supply mission was by far the largest and best equipped. They even had a new purpose-built flagship constructed, Sea Venture, placed in the most experienced of hands, Christopher Newport. With a fleet of no fewer than eight ships, the Third Supply, led by Sea Venture, left Plymouth in June, 1609.
On the subject of the Virginia Company, it is notable that, throughout its existence, Sir Edwin Sandys, was a leading force. He, of course, also hoped for profits, but also his goals included a permanent colony which would enlarge English territory, relieve the nation's overpopulation, and expand the market for English goods. He is closely identified with a faction of the company led by Henry Wriothesley, 3rd Earl of Southampton. Although profits proved elusive for their investors, the visions for the Colony of Sir Edwin Sandys and the Earl of Southampton were eventually accomplished.
Pocahontas[edit]
Depiction of Pocahontas in European garb.
Main article: Pocahontas
Although the life of Chief Powhatan's young daughter, Pocahontas, would be largely tied to the English after legend credits her with saving John Smith's life after his capture by Opechancanough, her contacts with Smith himself were minimal. However, records indicate that she became something of an emissary to the colonists at Jamestown Island. During their first winter, following an almost complete destruction of their fort by a fire in January 1608, Pocahontas brought food and clothing to the colonists. She later negotiated with Smith for the release of Virginia Indians who had been captured by the colonists during a raid to gain English weaponry.
During the next several years, the relationship between the Virginia Indians and the colonists became more strained, never more so than during the period of poor crops for both the natives and colonists which became known as the Starving Time in late 1609 and early 1610. Chief Powhatan relocated his principal capital from Werowocomoco, which was relatively close to Jamestown along the north shore of the York River, to a point more inland and secure along the upper reaches of the Chickahominy River.
In April 1613, Pocahontas and her husband, Kocoum were residing at Passapatanzy, a village of the Patawomecks, a Powhatan Confederacy tribe which did some trading with Powhatans. They lived in present-day Stafford County on the Potomac River near Fredericksburg, about 65 miles (105 km) from Werowocomoco. She was abducted by Englishmen whose leader was Samuel Argall, and transported about 90 miles (140 km) south to the English settlement at Henricus on the James River. There, Pocahontas converted to Christianity and took the name "Rebecca" under the tutelage of Reverend Alexander Whitaker who had arrived in Jamestown in 1611. She married prominent planter John Rolfe, who had lost his first wife and child in the journey from England several years earlier, which served to greatly improve relations between the Virginia Native Americans and the colonists for several years. However, when she and John Rolfe took their young son Thomas Rolfe on a public relations trip to England to help raise more investment money for the Virginia Company, she became ill and died just as they were leaving to return to Virginia. Her interment was at St George's Church in Gravesend.
The Starving Time[edit]
Main article: Starving Time (Jamestown)
What became known as the "Starving Time" in the Virginia Colony occurred during the winter of 1609–10, when only 60 of 500 English colonists survived.[23][24][25] The colonists, the first group of whom had originally arrived at Jamestown on May 14, 1607, had never planned to grow all of their own food. Instead, their plans also depended upon trade with the local Virginia Indians to supply them with enough food between the arrival of periodic supply ships from England, upon which they also relied. This period of extreme hardship for the colonists began in 1609 with a drought which caused their already limited farming activities to produce even fewer crops than usual. Then, there were problems with both of their other sources for food.
An unexpected delay occurred during the Virginia Company of London's Third Supply mission from England due to a major hurricane in the Atlantic Ocean. A large portion of the food and supplies had been aboard the new flagship of the Virginia Company, Sea Venture, which became shipwrecked at Bermuda and separated from the other ships, seven of which arrived at the colony with even more new colonists to feed, and few supplies, most of which had been aboard the larger flagship.
The impending hardship was further compounded by the loss of their most skillful leader in dealing with the Powhatan Confederacy in trading for food: Captain John Smith. He became injured in August 1609 in a gunpowder accident, and was forced to return to England for medical attention in October 1609. After Smith left, Chief Powhatan severely curtailed trading with the colonists for food. Neither the missing Sea Venture nor any other supply ship arrived as winter set upon the inhabitants of the young colony in late 1609.
Third supply[edit]
Main articles: Third Supply and Sea Venture
Sylvester Jordain's "A Discovery of the Barmudas".
Sea Venture was the new flagship of the Virginia Company. Leaving England in 1609, and leading this Third Supply to Jamestown as "Vice Admiral" and commanding Sea Venture, Christopher Newport was in charge of a nine-vessel fleet. Aboard the flagship Sea Venture was the Admiral of the Company, Sir George Somers, Lieutenant-General Sir Thomas Gates, William Strachey and other notable personages in the early history of English colonization in North America.
While at sea, the fleet encountered a strong storm, perhaps a hurricane, which lasted for three days. Sea Venture and one other ship were separated from the seven other vessels of the fleet. Sea Venture was deliberately driven onto the reefs of Bermuda to prevent her sinking. The 150 passengers and crew members were all landed safely but the ship was now permanently damaged.[26] Sea Venture's longboat was later fitted with a mast and sent to find Virginia but it and its crew were never seen again. The remaining survivors spent nine months on Bermuda building two smaller ships, Deliverance and Patience from Bermuda cedar and materials salvaged from Sea Venture.
The survivors of the shipwreck of the Third Supply mission's flagship Sea Venture finally arrived at Jamestown the following May 23 in two makeshift ships they had constructed while stranded on Bermuda for nine months. They found the Virginia Colony in ruins and practically abandoned: of 500 settlers who had preceded them to Jamestown, they found fewer than 100 survivors, many of whom were sick or dying. Worse yet, the Bermuda survivors had brought few supplies and only a small amount of food with them, expecting to find a thriving colony at Jamestown.
Thus, even with the arrival of the two small ships from Bermuda under Captain Christopher Newport, they were faced with leaving Jamestown and returning to England. On June 7, 1610, having abandoned the fort and many of their possessions, both groups of survivors (from Jamestown and Bermuda) boarded ships, and they all set sail down the James River toward the Chesapeake Bay and the Atlantic Ocean.
Lord De La Warr[edit]
See also: Jamestown supply missions § "Fourth" supply mission
During the same period that Sea Venture suffered its misfortune and its survivors were struggling in Bermuda to continue on to Virginia, back in England, the publication of Captain John Smith's books of his adventures in Virginia sparked a resurgence in interest in the colony. This helped lead to the dispatch in early 1610 of additional colonists, more supplies, and a new governor, Thomas West, Baron De La Warr. Fortuitously, on June 9, 1610, De La Warr arrived on the James River just as the settlers had abandoned Jamestown. Intercepting them about 10 miles (16 km) downstream from Jamestown near Mulberry Island (adjacent to present-day Fort Eustis in Newport News), the new governor forced the remaining 90 settlers to return. Deliverance and Patience turned back, and all the settlers were landed again at Jamestown.[27]
With the new supply mission, the new governor brought additional colonists, a doctor, food, and much-needed supplies. He also was of a strong determination that Jamestown and the colony were not to be abandoned. He turned the departing ships around and brought the entire group back to Jamestown. This was certainly not a popular decision at the time with at least some of the group, but Lord Delaware was to prove a new kind of leader for Virginia. Included in those returning to Jamestown was a colonist John Rolfe, whose wife and child had died during the shipwreck of the Sea Venture and the time at Bermuda. A businessman, he had with him some seeds for a new strain of tobacco and also some untried marketing ideas.
Then, Sir George Somers returned to Bermuda with Patience to obtain more food supplies, but he died on the island that summer. His nephew, Matthew Somers, Captain of Patience, took the ship back to Lyme Regis, England instead of Virginia (leaving a third man behind). The Third Charter of the Virginia Company was then extended far enough across the Atlantic to include Bermuda in 1612. (Although a separate company, the Somers Isles Company, would be spun off to administer Bermuda from 1615, the first two successful English colonies would retain close ties for many more generations, as was demonstrated when Virginian general George Washington called upon the people of Bermuda for aid during the American War of Independence). In 1613, Sir Thomas Dale founded the settlement of Bermuda Hundred on the James River, which, a year later, became the first incorporated town in Virginia.
Expansion beyond Jamestown[edit]
By 1611, a majority of the colonists who had arrived at the Jamestown settlement had died and its economic value was negligible with no active exports to England and very little internal economic activity. Only financial incentives including a promise of more land to the west from King James I to investors financing the new colony kept the project afloat.
First Anglo-Powhatan War[edit]
Main article: First Anglo-Powhatan War
The Anglo-Powhatan Wars were three wars fought between English settlers of the Virginia Colony, and Indians of the Powhatan Confederacy in the early seventeenth century. The First War started in 1610, and ended in a peace settlement in 1614.
Tobacco[edit]
Cultivation of tobacco at Jamestown (19th century engraving)
In 1610, John Rolfe, whose wife and a child had died in Bermuda during passage in the Third Supply to Virginia, was just one of the settlers who had arrived in Jamestown following the shipwreck of Sea Venture. However, his major contribution is that he was the first man to successfully raise export tobacco in the Colony (although the colonists had begun to make glass artifacts to export immediately after their arrival). The native tobacco raised in Virginia prior to that time, Nicotiana rustica, was not to the liking of the Europeans but Rolfe had brought some seed for Nicotiana tabacum with him from Bermuda.
Although most people "wouldn't touch" the crop, Rolfe was able to make his fortune farming it, successfully exporting beginning in 1612. Soon almost all other colonists followed suit, as windfall profits in tobacco briefly lent Jamestown something like a gold rush atmosphere. Among others, Rolfe quickly became both a wealthy and prominent man. He married the young Virginia Indian woman Pocahontas on April 24, 1614. They lived first across the river from Jamestown, and later at his Varina Farms plantation near Henricus. Their son, Thomas Rolfe, was born in 1615.
Governor Dale, Dale's Code[edit]
In 1611, the Virginia Company of London sent Sir Thomas Dale to act as deputy-governor or as high marshall for the Virginia Colony under the authority of Thomas West (Lord Delaware). He arrived at Jamestown on May 19 with three ships, additional men, cattle, and provisions. Finding the conditions unhealthy and greatly in need of improvement, he immediately called for a meeting of the Jamestown Council, and established crews to rebuild Jamestown.
He served as Governor for 3 months in 1611, and again for a two-year period between 1614 and 1616. It was during his administration that the first code of laws of Virginia, nominally in force from 1611 to 1619, was effectively tested. This code, entitled "Articles, Lawes, and Orders Divine, Politique, and Martiall" (popularly known as Dale's Code), was notable for its pitiless severity, and seems to have been prepared in large part by Dale himself.
Henricus[edit]
Seeking a better site than Jamestown with the thought of possibly relocating the capital, Thomas Dale sailed up the James River (also named after King James) to the area now known as Chesterfield County. He was apparently impressed with the possibilities of the general area where the Appomattox River joins the James River, until then occupied by the Appomattoc Indians, and there are published references to the name "New Bermudas" although it apparently was never formalized. A short distance further up the James, in 1611, he began the construction of a progressive development at Henricus on and about what was later known as Farrars Island. Henricus was envisioned as possible replacement capital for Jamestown, though it was eventually destroyed during the Indian Massacre of 1622, during which a third of the colonists were killed.
An investor relations trip to England[edit]
In 1616, Governor Dale joined John Rolfe and Pocahontas and their young son Thomas as they left their Varina Farms plantation for a public relations mission to England, where Pocahontas was received and treated as a form of visiting royalty by Queen Anne. This stimulated more interest in investments in the Virginia Company, the desired effect. However, as the couple prepared to return to Virginia, Pocahontas died of an illness at Gravesend on March 17, 1617, where she was buried. John Rolfe returned to Virginia alone once again, leaving their son Thomas Rolfe, then a small child, in England to obtain an education. Once back in Virginia, Rolfe married Jane Pierce and continued to improve the quality of his tobacco with the result that by the time of his death in 1622, the Colony was thriving as a producer of tobacco. Orphaned by the age of 8, young Thomas later returned to Virginia, and settled across the James River not far from his parents’ farm at Varina, where he married Jane Poythress and they had one daughter, Jane Rolfe, who was born in 1650. Many of the First Families of Virginia trace their lineage through Thomas Rolfe to both Pocahontas and John Rolfe, joining English and Virginia Indian heritage.
Changing social and political order[edit]
Virginia's population grew rapidly from 1618 until 1622, rising from a few hundred to nearly 1,400 people. Wheat was also grown in Virginia starting in 1618.
1619: First democratic assembly[edit]
Main article: House of Burgesses
The Inside of the current Jamestown Church, upon the general site of the original and the location where the first law in America was made
On June 30, 1619 Slovak and Polish artisans conducted the first labor strike (first "in American history"[28][29]) for democratic rights ("No Vote, No Work")[28][30] in Jamestown.[30][31][32] The British Crown overturned the legislation in the Virginia House of Burgesses in its first meeting[33] and granted the workers equal voting rights on July 21, 1619.[34] Afterwards, the labor strike was ended and the artisans resumed their work.[31][32][35][36] The House of Burgesses, the first legislature of elected representatives in America, met in the Jamestown Church. One of their first laws was to set a minimum price for the sale of tobacco and set forth plans for the creation of the first ironworks of the colony. This legislative group was the predecessor of the modern Virginia General Assembly.
1619: First Africans[edit]
In August 1619 "20 and odd Blacks" arrived on the Dutch Man-of-War ship at Jamestown colony. This is the earliest record of Black people in colonial America.[37] These colonists were freemen and indentured servants.[38][39][40][41][dead link] At this time the slave trade between Africa and the English colonies had not yet been established.
Records from 1623 and 1624 listed the African inhabitants of the colony as servants, not slaves. In the case of William Tucker, the first Black person born in the colonies, freedom was his bright right.[42] He was son of "Antony and Isabell", a married couple from Angola who worked as indentured servants for Captain William Tucker whom he was named after. Yet, court records show that at least one African had been declared a slave by 1640; John Punch. He was an indentured servant who ran away along with two White indentured servants and he was sentenced by the governing council to lifelong servitude. This action is what officially marked the institution of slavery in Jamestown and the future United States.
1620: More craftsmen from Germany and Italy arrive[edit]
By 1620, more German settlers from Hamburg, Germany, who were recruited by the Virginia Company set up and operated one of the first sawmills in the region.[43] Among the Germans were several other skilled craftsmen carpenters, and pitch/tar/soap-ash makers, who produced some of the colony's first exports of these products. The Italians included a team of glass makers.[44]
1621: Arrival of marriageable women[edit]
During 1621 fifty-seven unmarried women sailed to Virginia under the auspices of the Virginia Company, who paid for their transport and provided them with a small bundle of clothing and other goods to take with them. A colonist who married one of the women would be responsible for repaying the Virginia Company for his wife's transport and provisions. The women traveled on three ships, The Marmaduke, The Warwick, and The Tyger.
Many of the women were not "maids" but widows. Some others were children, for example Priscilla, the eight-year-old daughter of Joanne Palmer, who travelled with her mother and her new stepfather, Thomas Palmer, on The Tyger. Some were women who were traveling with family or relatives: Ursula Clawson, "kinswoman" of ancient planter Richard Pace, traveled with Pace and his wife on the Marmaduke. Ann Jackson also came on the Marmaduke, in the company of her brother John Jackson, both of them bound for Martin's Hundred. Ann Jackson was one of the women taken captive by the Powhatans during the Indian Massacre of 1622. She was not returned until 1630. The Council ordered that she should be sent back to England on the first available ship, perhaps because she was suffering from the consequences of her long captivity.[45]
Some of the women sent to Virginia did marry. But most disappeared from the records—perhaps killed in the massacre, perhaps' dead from other causes, perhaps returned to England. In other words, they shared the fate of most of their fellow colonists.[46]
Indian Massacre of 1622[edit]
Main article: Indian Massacre of 1622
Indian massacre of 1622, depicted in a 1628 woodcut by Matthäus Merian out of Theodore de Bry's workshop.
The relations with the Natives took a turn for the worse after the death of Pocahontas in England and the return of John Rolfe and other colonial leaders in May 1617. Disease, poor harvests and the growing demand for tobacco lands caused hostilities to escalate. After Wahunsunacock's death in 1618, his younger brother, Opitchapam, briefly became chief. However, he was soon succeeded by his own younger brother, Opechancanough. Opechancanough was not interested in attempting peaceful coexistence with the English settlers. Instead, he was determined to eradicate the colonists from what he considered to be Indian lands. As a result, another war between the two powers lasted from 1622 to 1632.
Chief Opechancanough organized and led a well-coordinated series of surprise attacks on multiple English settlements along both sides of a 50-mile (80 km) long stretch of the James River which took place early on the morning of March 22, 1622. This event came to be known as the Indian Massacre of 1622, and resulted in the deaths of 347 colonists (including men, women, and children) and the abduction of many others. Some say that this massacre was revenge. The Massacre caught most of the Virginia Colony by surprise and virtually wiped out several entire communities, including Henricus and Wolstenholme Town at Martin's Hundred. A letter by Richard Frethorne, written in 1623, reports, "we live in fear of the enemy every hour."[47]
However, Jamestown was spared from destruction due to a Virginia Indian boy named Chanco who, after learning of the planned attacks from his brother, gave warning to colonist Richard Pace, with whom he lived. Pace, after securing himself and his neighbors on the south side of the James River, took a canoe across river to warn Jamestown, which narrowly escaped destruction, although there was no time to warn the other settlements. Apparently, Opechancanough subsequently was unaware of Chanco's actions, as the young man continued to serve as his courier for some time after.
Royal Colony[edit]
Some historians have noted that, as the settlers of the Virginia Colony were allowed some representative government, and they prospered, King James I was reluctant to lose either power or future financial potential. In any case, in 1624, the Virginia Company lost its charter and Virginia became a crown colony. In 1634, the English Crown created eight shires (i.e. counties) in the colony of Virginia which had a total population of approximately 5,000 inhabitants. James City Shire was established and included Jamestown. Around 1642-43, the name of the James City Shire was changed to James City County.
New Town and palisade[edit]
The original Jamestown fort seems to have existed into the middle of the 1620s, but as Jamestown grew into a "New Town" to the east, written references to the original fort disappear. By 1634, a palisade (stockade) was completed across the Virginia Peninsula, which was about 6 miles (9.7 km) wide at that point between Queen's Creek which fed into the York River and Archer's Hope Creek, (since renamed College Creek) which fed into the James River. The new palisade provided some security from attacks by the Virginia Indians for colonists farming and fishing lower on the Peninsula from that point.
Third Anglo-Powhatan War[edit]
Main article: Third Anglo-Powhatan War
On April 18, 1644, Opechancanough again tried to force the colonists to abandon the region with another series of coordinated attacks, killing almost 500 colonists. However, this was a much less devastating portion of the growing population than had been the case in the 1622 attacks. Furthermore, the forces of Royal Governor of Virginia William Berkeley captured the old warrior in 1646,[48] variously thought to be between 90 and 100 years old. In October, while a prisoner, Opechancanough was killed by a soldier (shot in the back) assigned to guard him. Opechancanough was succeeded as Weroance (Chief) by Nectowance and then by Totopotomoi and later by his daughter Cockacoeske.
In 1646, the first treaties were signed between the Virginia Indians and the English. The treaties set up reservations, some of the oldest in America, for the surviving Powhatan. It also set up tribute payments for the Virginia Indians to be made yearly to the English.[49] That war resulted in a boundary being defined between the Indians and English lands that could only be crossed for official business with a special pass. This situation would last until 1677 and the Treaty of Middle Plantation, which established Indian reservations following Bacon's Rebellion.
Governor Berkeley, Bacon's Rebellion[edit]
Main article: Bacon's Rebellion
Bacon's Rebellion was an armed rebellion in 1676 by Virginia settlers led by Nathaniel Bacon against the rule of Governor William Berkeley. In the 1670s, the governor was serving his second term in that office. Berkeley, now in his seventies, had previously been governor in the 1640s and had experimented with new export crops at his Green Spring Plantation near Jamestown. In the mid-1670s, a young cousin through marriage, Nathaniel Bacon, Jr., arrived in Virginia sent by his father in the hope that he would "mature" under the tutelage of the governor. Although lazy, Bacon was intelligent and Berkeley provided him with a land grant and a seat on the Virginia Colony council. However, the two became at odds over relationships with the Virginia Indians, which were most strained at the outer frontier points of the colony.
In July 1675, Doeg Indians crossed from Maryland and raided the plantation of Thomas Mathews in the northern portion of the colony along what became the Potomac River, stealing some hogs in order to gain payment for several items Mathews had obtained from the tribe. Mathews pursued them and killed several Doegs, who retaliated by killing Mathews' son and two of his servants, including Robert Hen. A Virginian militia then went to Maryland and besieged the Susquehanaugs (a different tribe) in "retaliation" which led to even more large-scale Indian raids, and a protest from the governor of Maryland colony. Governor Berkeley tried to calm the situation but many of the colonists, particularly the frontiersmen, refused to listen to him and Bacon disregarded a direct order and captured some Appomattoc Indians, who were located many miles south of the site of the initial incident, and almost certainly not involved.
Following the establishment of the Long Assembly in 1676, war was declared on "all hostile Indians" and trade with Indian tribes became regulated, often seen by the colonists to favor those friends of Berkeley. Bacon opposed Berkeley and led a group in opposition to the governor. Bacon and his troops set themselves up at Henrico until Berkeley arrived which sent Bacon and his men fleeing upon which Berkeley declared them in rebellion and offered a pardon to any who returned to Jamestown peaceably.
Bacon led numerous raids on Indians friendly to the colonists in an attempt to bring down Berkeley. The governor offered him amnesty but the House of Burgesses refused; insisting that Bacon must acknowledge his mistakes. At about the same time, Bacon was actually elected to the House of Burgesses and attended the June 1676 assembly where he was captured, forced to apologize and was then pardoned by Berkeley.
Bacon then demanded a military commission but Berkeley refused. Bacon and his supporters surrounded the statehouse and threatened to start shooting the Burgesses if Berkeley did not acknowledge Bacon as "General of all forces against the Indians". Berkeley eventually acceded, and then left Jamestown. He attempted a coup a month later but was unsuccessful. In September, however, Berkeley was successful and Bacon dug in for a siege which resulted in his burning Jamestown to the ground on September 19, 1676. Bacon died of the flux and lice on October 26, 1676 and his body is believed to have been burned.
Berkeley returned, and hanged William Drummond and the other major leaders of the rebellion (23 in total) at Middle Plantation. With Jamestown unusable due to the burning by Bacon, the Governor convened a session of the General Assembly at his Green Spring Plantation in February, 1677, and another was later held at Middle Plantation. However, upon learning of his actions, King Charles II was reportedly displeased at the degree of retaliation and number of executions, and recalled Berkeley to England. He returned to London where he died in July 1677.
The capital moves from Jamestown to high ground[edit]
See also: Middle Plantation (Virginia) and History of Williamsburg, Virginia
Despite the periodic need to relocate the legislature from Jamestown due to contingencies such as fires, (usually to Middle Plantation), throughout the seventeenth century, Virginians had been reluctant to permanently move the capital from its "ancient and accustomed place." After all, Jamestown had always been Virginia's capital. It had a state house (except when it periodically burned) and a church, and it offered easy access to ships that came up the James River bringing goods from England and taking on tobacco bound for market.[50] However, Jamestown's status had been in some decline. In 1662, Jamestown's status as mandatory port of entry for Virginia had been ended.
On October 20, 1698, the statehouse (capitol building) in Jamestown burned for the fourth time. Once again removing itself to a familiar alternate location, the legislature met at Middle Plantation, this time in the new College Building at the College of William and Mary, which had begun meeting there in temporary quarters in 1694. While meeting there, a group of five students from the College submitted a well-presented and logical proposal to the legislators outlining a plan and good reasons to move the capital permanently to Middle Plantation. The students argued that the change to the high ground at Middle Plantation would escape the dreaded malaria and mosquitoes that had always plagued the swampy, low-lying Jamestown site. The students pointed out that, while not located immediately upon a river, Middle Plantation offered nearby access to not one, but two rivers, via two deep water (6-7' depth) creeks, Queen's Creek leading to the York River, and College Creek (formerly known as Archer's Hope) which led to the James River.
Several prominent individuals like John Page, Thomas Ludwell, Philip Ludwell, and Otho Thorpe had built fine brick homes and created a substantial town at Middle Plantation. And, there was of course, the new College of William and Mary with its fine new brick building. Other advocates of the move included the Reverend Dr. James Blair and the Governor, Sir Francis Nicholson. The proposal to move the capital of Virginia to higher ground (about 12 miles (20 km) away) at Middle Plantation was received favorably by the House of Burgesses. In 1699, the capital of the Virginia Colony was officially relocated there. Soon, the town was renamed Williamsburg, in honor of King William III. Thus, the first phase of Jamestown's history ended.
Later History[edit]
By the 1750s the land was owned and heavily cultivated, primarily by the Travis and Ambler families. A military post was located on the island during the Revolutionary War and American and British prisoners were exchanged there. During the U.S. Civil War the island was occupied by Confederate soldiers who built an earth fort near the church as part of the defense system to block the Union advance up the river to Richmond. Little further attention was paid to Virginia until preservation was undertaken in the twenty first century.
References[edit]
Jump up ^ Congressional Record (1975). "Congressional Record 1975". Congressional Record. Retrieved 1 October 2014.
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Jump up ^ Lisa L. Weaver. "Learning Landscapes: Theoretical Issues and Design Considerations for the Development of Children's Educational Landscapes" (PDF). Virginia Polytechnic Institute and State University. Retrieved 2006-12-19.
Jump up ^ Kathleen M. Brown. "Women in Early Jamestown". Jamestown Interpretive Essays. Virtual Jamestown. Retrieved 2006-12-19.
Jump up ^ "Virginia Secretary of Natural Resources - Doug Domenech" (PDF). Indians.vipnet.org. Archived from the original (PDF) on 2012-02-24. Retrieved 2013-10-26.
^ Jump up to: a b "Virginia's History". Xroads.virginia.edu. Retrieved 2012-05-24.
Jump up ^ "Original Settlers". Preservation Virginia. Retrieved 8 June 2011.
Jump up ^ "First Supply". Preservation Virginia. Retrieved 8 June 2011.
Jump up ^ "History of Jamestown - Jamestown Rediscovery". Apva.org. Archived from the original on 2009-04-16. Retrieved 2013-10-26.
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^ Jump up to: a b Congressional Record (July 5, 1956). "Congressional Record - 1956". Congressional Record. pp. 11905–11906. Retrieved October 1, 2014.
^ Jump up to: a b Congressional Record (1975). "Congressional Record 1975". Congressional Record. Retrieved October 1, 2014.
^ Jump up to: a b Congressional Record (1976). "Congressional Record 1976". Congressional Record. Retrieved October 1, 2014.
^ Jump up to: a b Eisenhower, Dwight D. (September 28, 1958). "Jamestown Pioneers From Poland". White House. Retrieved October 1, 2014.
^ Jump up to: a b Henderson, George; Olasij, Thompson Dele (January 10, 1995). Migrants, Immigrants, and Slaves: Racial and Ethnic Groups in America. University Press of America. p. 116. ISBN 978-0819197382. Retrieved October 1, 2014.
^ Jump up to: a b Robertson, Patrick (November 8, 2011). Robertson's Book of Firsts: Who Did What for the First Time. Bloomsbury Publishing USA. ISBN 978-1596915794. Retrieved October 2, 2014.
Jump up ^ "Jamestown Dutchmen". Kismeta.com. Retrieved 2008-05-03.
Jump up ^ "Precursor Light Industry in Support of the Jamestown Glass works". Retrieved 2007-03-03.
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Jump up ^ "First Germans in the colonies". Germanheritage.com. Retrieved 2006-10-10.
Jump up ^ "First Polish Settlers". Polishamericancenter.org. Retrieved 2013-10-26.
Jump up ^ "Presentations and Activities - For Teachers (Library of Congress)". Memory.loc.gov. Retrieved 2012-05-24.
Jump up ^ "Girl's Bones Bear Signs of Cannibalism by Starving Virginia Colonists". The New York Times. Retrieved 2013-10-26.
Jump up ^ Bryan, Corbin Braxton. The Church at Jamestown in Clark, W. M., ed. Colonial Churches in the Original Colony of Virginia. 2d. ed. Richmond, VA: Southern Churchman Company, 1908. OCLC 1397138. p. 20.
Jump up ^ Beverley, Robert. The History of Virginia in Four Parts. Richmond, VA: J. W. Randolph, 1855. OCLC 5837141. 2d revised edition originally published London: 1722. p. 26.
Jump up ^ Woodward, Hobson. A Brave Vessel: The True Tale of the Castaways Who Rescued Jamestown and Inspired Shakespeare's The Tempest. Viking (2009).
Jump up ^ Because Jamestown was abandoned for two days in June 1610, while Fort Algernon, built in October 1609, was never abandoned, the modern city of Hampton, Virginia puts in a competing claim as "the oldest continuous English-speaking settlement in North America". Rountree 1990 p.53, 54n.
^ Jump up to: a b Holshouser, Joshua D.; Brylinsk-Padnbey, Lucyna; Kielbasa, Katarzyna (July 2007). "Jamestown: The Birth of American Polonia 1608-2008 (The Role and Accomplishments of Polish Pioneers in the Jamestown Colony)". Polish American Congress. Retrieved October 3, 2014.
Jump up ^ Grizzard, Frank E.; Smith, Boyd D. (2007). Jamestown Colony: A Political, Social, and Cultural History. ABC-CLIO. p. 171. ISBN 1-85109-637-X.
^ Jump up to: a b Odrowaz-Sypniewska, Margaret (Jun 29, 2007). "Poles and Powhatans in Jamestown, Virginia (1606-1617)". Retrieved October 3, 2014.
^ Jump up to: a b Badaczewski, Dennis (February 28, 2002). Poles in Michigan. Michigan State University Press. ISBN 978-0870136184.
^ Jump up to: a b Staff. "Spuscizna - History of Poles in the USA". The Spuscizna Group. Retrieved October 3, 2014.
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Jump up ^ Smith, John (1624). "VII". The generall historie of Virginia, New England & the Summer Isles, together with The true travels, adventures and observations. 1. American Memory. pp. 150–184. Retrieved October 3, 2014.
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Jump up ^ "John Rolf Reports on Virginia to Sir Edwin Sandys, 1619 - American Memory Timeline- Classroom Presentation | Teacher Resources - Library of Congress". www.loc.gov. Retrieved 2018-01-03.
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Jump up ^ Frethorne, Richard. Richard Frethorne to his father and mother, March 20, April 2 and 3, 1623 (Electronic Text Center, University of Virginia Library).
Jump up ^ Rountree, Helen C. Pocahontas, Powhatan, Opechancanough: Three Indian Lives Changed by Jamestown. University of Virginia Press: Charlottesville, 2005
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Further reading[edit]
Jocelyn R. Wingfield, Virginia's True Founder: Edward Maria Wingfield and His Times (Booksurge, 2007) ISBN 1-4196-6032-2
William M. Kelso, Jamestown, The Buried Truth (University of Virginia Press, 2006)
William M. Kelso, Jamestown Rediscovery II (APVA, 1996)
William M. Kelso, Nicholas M. Luccketti, Beverly A. Straube, Jamestown Rediscovery III (APVA, 1997)
William M. Kelso, Nicholas M. Luccketti, Beverly A. Straube, Jamestown Rediscovery IV (APVA, 1998)
William M. Kelso, Nicholas M. Luccketti, Beverly A. Straube, Jamestown Rediscovery V (APVA, 1999)
William Kelso, Beverly Straube, Jamestown Rediscovery VI (APVA, 2000)
David A. Price, Love and Hate in Jamestown (Alfred A. Knopf, 2003)
Ernie Gross, "The American Years" (Charles Scribner's Sons, 1999)
James Horn, A Land as God Made It (Perseus Books, 2005) ISBN 0-465-03094-7
Chesapeake, a novel (1978) by author James A. Michener
External links[edit]
Wikimedia Commons has media related to Jamestown, Virginia.
Historic Jamestowne
Where are We Digging Now?
Jamestown 1607
America's 400th Anniversary
APVA web site for the Jamestown Rediscovery project
National Geographic Magazine Jamestown Interactive
Jamestown Settlement and Yorktown Victory Center
Virtual Jamestown
National Park Service: Jamestown National Historic Site
New Discoveries at Jamestown by John L. Cotter and J. Paul Hudson, (1957) at Project Gutenberg
First Landing State Park
State Tourism Website – Virginia is for Lovers
Jamestown Discovery Trail
Time Team Special: Jamestown – America's Birthplace
Following in Godspeeds Wake
NBC News Interview with Dr. William Kelso
History Channel Web Site
Geographical coordinates: 37°12′33″N 76°46′39″W / 37.20917°N 76.77750°W / 37.20917; -76.77750
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Rehabilitation of Offenders Act 1974
From Wikipedia, the free encyclopedia
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Rehabilitation of Offenders Act 1974
Parliament of the United Kingdom
Long title
An Act to rehabilitate offenders who have not been reconvicted of any serious offence for periods of years, to penalise the unauthorised disclosure of their previous convictions, to amend the law of defamation, and for purposes connected therewith.
Citation
1974 c. 53
Introduced by
Kenneth Marks
Territorial extent
United Kingdom
Dates
Royal assent
31 July 1974
Status: Current legislation
Text of statute as originally enacted
The Rehabilitation of Offenders Act 1974 (c.53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period.[1] Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is automatically determined by the sentence. After this period, if there has been no further conviction the conviction is "spent" and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance, or in civil proceedings. A conviction for the purposes of the ROA includes a conviction issued outside Great Britain (see s1(4) of the 1974 Act) and therefore foreign convictions are eligible to receive the protection of the ROA.[2]
Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (section 139), the Act as it applies in England and Wales was updated to provide new rehabilitation periods – with most convictions becoming spent in a shorter amount of time.[3] For adults, the rehabilitation period is one year for community orders, two years for custodial sentences of six months or less, four years for custodial sentences of over six months and up to and including 30 months, and seven years for custodial sentences of over 30 months and up to and including 48 months. Custodial sentences of over four years will never become spent and must continue to be disclosed when necessary. Under the 2012 Act, the rehabilitation period starts on the date of conviction in the case of fines, but for custodial sentences it starts after the offender has completed the sentence (including time on licence) and for community orders it starts when the order ceases to have effect. For example, an offender who received a two-year prison sentence will see the conviction spent six years from date of conviction - (two year sentence + four year rehabilitation period). For offenders who are under the age of 18 when convicted, the rehabilitation period is half that of an adult.
A conviction that is spent under British law may not be so considered elsewhere. For example, criminal convictions must be disclosed when applying to enter the United States; spent convictions are not excluded for US immigration purposes under US law.
The Act makes it an offence for anyone with access to criminal records to disclose spent convictions unless authorised to do so. The Act makes it a more serious offence to obtain such information by means of fraud, dishonesty or bribe.[2]
Contents
[hide]
1 Exemptions
1.1 ROA where profession or employment is not subject to the exceptions or exemptions
1.2 Applications for adoption, fostering and for firearms certificates
1.3 Role of previous convictions in criminal proceedings
1.4 Role of previous convictions in sentencing proceedings
1.5 UCAS admissions and university applications
2 Rehabilitation and actions for libel under English law
3 Police cautions
4 2014 amendments
5 See also
6 References
7 External links
Exemptions[edit]
Certain professions and employments are exempt from the Act so that individuals are not allowed to withhold details of previous convictions in relation to their job when applying for positions in similar fields. These professions include :
Those working with children and other vulnerable groups, such as teachers and social workers
Those working in professions associated with the justice system, such as solicitor or barrister, police, court clerk, probation officer, prison officer and traffic warden
Doctors, dentists, pharmaceutical chemists, registered pharmacists, pharmacy technicians, nurses or paramedics
Accountants
Veterinary surgeons
Managers of unit trusts
Anyone applying to work as an officer of the Crown
Employees of the RSPCA or SSPCA whose duties extend to the humane killing of animals
Any employment or other work normally carried out in bail hostels or probation hostels
Certain officials and employees from government and public authorities with access to sensitive or personal information or official databases about children or vulnerable adults
Any office or employment concerned with providing health services which would normally enable access to recipients of those health services
Officers and other persons who execute various court orders
Anyone who as part of their occupation occupies premises where explosives are kept under a police certificate
Contractors who carry out various kinds of work in tribunal and court buildings
Certain company directorships, such as those for banks, building societies and insurance companies
Certain civil service positions are excluded from the Act, such as employment with the Civil Aviation Authority and the UK Atomic Energy Authority.[4]
Taxi drivers and other transport workers.
Butlers and other domestic staff
Aside from these trades and professions, the law also exempts organisations if the question is asked:
by or on behalf of The Football Association, The Football League or Premier League to assess someone’s suitability to work as, or supervise or manage, a steward at football matches.
by the Financial Conduct Authority, Prudential Regulation Authority and certain other bodies involved in finance, when asked to assess the suitability of a person to hold a particular status in the financial and monetary sectors.
to assess a person’s suitability to adopt children, or a particular child, or a question about anyone over the age of 18 living with such a person.
However, it should be noted that disclosure of a criminal conviction where necessary, i.e. not covered by the Rehabilitation of Offenders Act 1974, or after the 2014 change, which introduced protected convictions, does not automatically bar a particular individual from employment in a given profession. For instance, notable cases include Khalid Missouri, a former robber turned successful and respected solicitor;[5][6] Gary Bell, a former fraudster turned high-profile successful barrister and Queen's Counsel;[7] and Selwyn Strachan, who was convicted of murder in Grenada and served a sentence of 40 years.[8][9] Similar cases can also be found in both education, medicine, domestic employment, as well as other profession. In short, each case is determined on its own merits even where disclosure is necessary because the conviction either cannot become spent or is exempt from the protections of the Act.
ROA where profession or employment is not subject to the exceptions or exemptions[edit]
For purposes of employment in a field that is covered by the Rehabilitation of Offenders Act 1974 and not subject to the Exceptions Order, once a conviction is ‘spent’, the person is considered rehabilitated and the Act treats the person as if they had never committed an offence. As a result, the conviction or caution in question does not need to be disclosed by the person when applying for most jobs, educational courses, insurance, housing applications or other purposes, unless the role applied for is ‘exempt’ from the Act. If a role is covered by the Act, it is unlawful for an employer to refuse to employ a person (or dismiss an existing employee) because the individual has a ‘spent’ caution or conviction. It is also unlawful for an organisation to knowingly carry out (or enable someone else to obtain) a Disclosure and Barring Service (DBS) check on a person for a role which is covered by the Act. If a role is covered by the Act, the employer is only legally entitled to carry out a basic criminal check known as a Basic Disclosure (provided by DBS) which will reveal only ‘unspent’ convictions.[10]
Applications for adoption, fostering and for firearms certificates[edit]
There are also a number of proceedings before a "judicial authority" (widely defined) that are excluded from the Act, and where spent convictions can be disclosed. These include applications for adoption or fostering, and for firearms certificates.[4] Adoption and foster services are required to discuss with applicants if they have a criminal record and whether this raises concerns about their suitability to be a parent through adoption. All applicants have to have Disclosure and Barring Service (DBS) and other statutory checks undertaken. No convictions are regarded as "spent" for the purpose of adoption. DBS checks will record all past convictions,cautions and bind overs. However, applicants will not be automatically excluded if they have had problems with the law but we need to understand the circumstance at the time and any likely implications for the future. Violent offences will generally disqualify applicants unless there are very special circumstances.[11]
Role of previous convictions in criminal proceedings[edit]
Previous convictions can be cited in criminal proceedings, even if they are spent. However, the Lord Chief Justice and the Home Office has advised the Courts that spent convictions should not be mentioned except in very special circumstances.[2]
Under the Rehabilitation of Offenders Act 1974 (the Act) an offender who is sentenced to a period of thirty months imprisonment or less, and after the retrospective 2014 amendments, forty-eight months imprisonment or less, becomes 'rehabilitated' once a certain period of time specified by the Act has passed. This means that the offender is treated for all purposes in law as though he or she had not committed, or been charged or prosecuted or convicted of the offence.
Since 8 December 2008 cautions, conditional cautions, reprimands and warnings are all subject to the provisions of the Act.
By virtue of section 7(2)(a) of the 1974 Act rehabilitated or "spent" convictions are admissible in criminal proceedings where they are relevant to "the determination of any issue." This is a narrow exception, which allows a sentencing court to have regard to all previous convictions including spent convictions in determining the appropriate sentence. However, there are special rules about how spent convictions are to be presented in court. These are found in the Criminal Practice Directions [2013] EWCA Crim 1631 at CPD Evidence 35A: SPENT CONVICTIONS which provides that:
the court and advocates should avoid mention of a spent conviction wherever it can reasonably be avoided: Practice Direction paragraph 35A3;
any spent convictions shown on a record of previous convictions handed to the court should be marked as such: Practice Direction paragraph 35A3; and
no reference should be made to the spent conviction in open court without the authority of the judge, which should not be given unless it would be in the interests of justice to do so: Practice Direction paragraph 1.6.6.[12]
Role of previous convictions in sentencing proceedings[edit]
The Criminal Justice Act 2003, s. 143(2) provides that:
In considering the seriousness of an offence (‘the current offence’) committed by an offender who has one or more previous convictions, the court must treat each previous conviction as an aggravating factor if (in the case of that conviction) the court considers that it can reasonable be so treated having regard, in particular, to—
(a) the nature of the offence to which the conviction relates and its relevance to the current offence, and
(b) the time that has elapsed since the conviction.
As noted by some academic scholars, this provision creates "obvious tension."[13] For instance, while this section indicates that a court is bound ('must') to treat each previous conviction as an aggravating factor, the mandatory words are somewhat softened by the later phrase, 'if the court considers that it can reasonably be so treated.' This provision in the Criminal Justice Act 2003 is also in tension with its 'limited retributivism' theory of punishment, which underpins the sentencing framework in England and Wales.[14] This is because, generally, increased punishment for subsequent offences based on previous offending, is contrary to retributive principles of punishment and is more closely aligned with utilitarian theories of punishment.[15] Further, in practice (and in contrast to the United States Sentencing Guideline grid, which governs sentencing practice and policy in the federal system) previous convictions, whether spent or unspent (and there is a ten (10) year time limit for consideration of adult convictions) do not lead to a linear increase in sentencing in England and Wales.
UCAS admissions and university applications[edit]
Applicants to university courses are only required to declare their relevant criminal convictions, cautions and verbal bind overs on their UCAS forms. UCAS applicants are required to declare only ‘relevant’ criminal convictions, ‘relevant’ being defined as offences against the person, whether of a violent or sexual nature or offences involving supplying controlled drugs or substances where the conviction concerns commercial drug dealing or trafficking.[16] Non-relevant criminal convictions, i.e. those not specifically defined as relevant, should not be declared unless specifically required on the application; applications which require disclosure of non-relevant criminal convictions are medicine, teaching and jobs related to or involving children. Criminal convictions are divided into two categories: relevant and non-relevant and both can be considered spent under the act and once a conviction is spent, whether a conviction is relevant or non-relevant, it should not be disclosed on the UCAS application. More recently, the question concerning criminal convictions is no longer mandatory on UCAS forms and will not generate a hold. The impetus for this change is to broaden the availability of education and access to education.[17][18] Spent criminal convictions are protected by s. 2 and s. 56 of the Data Protection Act 1998 and it is also a criminal offence to disclose an individual's spent criminal conviction.[19]
Rehabilitation and actions for libel under English law[edit]
Section 8 of the Act, if a person can prove that the details of a spent conviction were published with a primary motive of causing damage to the subject (malice), then the publisher may be subject to libel damages regardless of whether the details were true or not. This applies where the publisher is relying on a defence of qualified privilege or justification.
According to reference book Media and the Law, although British media remain free to publish the details of spent convictions, provided they are not motivated by malice, they generally avoid mention of such convictions after rehabilitation.[20] On one hand, media barrister Hugh Tomlinson QC is of the opinion that "in practice, the law of libel provides no sanction against the publication of spent convictions".[21] On the other hand, Tom Crone, a leading lawyer who has worked for high-profile news outlets and authored the reference book Law and the Media, has argued that pursuant to section 8 of the ROA, which provides that where publication of a 'spent' conviction is 'made with malice,' a defendant to libel proceedings shall not be entitled to reply on a plea of justification. In other words, where malice is proved the claimant's crimes will be treated for the purposes of his libel action as if they had never occurred.[22] Malice is defined in English law as 'published with an irrelevant, spiteful or improper motive.'[23] This is in stark contrast to the United States where media outlets may report on even expunged convictions, which are a legal nullity (meaning they legally do not exist any more).[24]
In England and Wales, in most instances, claimants have been successful in achieving settlements prior to litigation with various news firms where they can establish that the publication of a spent conviction was motivated by 'malice.'[25] Additionally, many individuals have been successful in requesting removal of spent convictions from search engines and other public forums after the ECJ's recent right to be forgotten decision.[26]
Police cautions[edit]
The Act was extended to cover police cautions in 2008.[27] A caution is considered to be spent as soon as it is given.
2014 amendments[edit]
The amendments to the Rehabilitation of Offenders Act 1974 made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in England and Wales came into effect on Monday 10 March 2014 and changed the way some rehabilitation periods are set so that they are fairer and better reflect the seriousness of the sentences imposed.
Under the new system, rehabilitation periods for community orders and custodial sentences comprise the period of the sentence plus an additional specified period, rather than all rehabilitation periods starting from the date of conviction as it was under the old regime. So, for example, an adult offender sentenced to two-and-a-half years' custody, who would previously have had to declare their criminal conviction for ten years from the date of conviction, now has to disclose their conviction for the period of the sentence plus a further four years (giving a total rehabilitation period of 6.5 years).
Under the reforms, the rehabilitation periods changed to:
For custodial sentences:
Sentence length Previous rehabilitation period (applies from date of conviction) New rehabilitation period is period of sentence plus the ‘buffer’ period below which applies from end of sentence)
0 – 6 months 7 years 2 years
6 – 30 months 10 years 4 years
30 months - 4 years Never spent 7 years
Over 4 years Never spent Never spent
For non-custodial sentences:
Sentence Previous rehabilitation period (applies from date of conviction) Buffer period (will apply from end of sentence)
Community order (& Youth Rehabilitation Order) 5 years 1 years
Sentence Previous period New period
Fine 5 years 1 years (from date of conviction)
Absolute discharge 6 months None
conditional discharge, referral order, reparation order, action plan order, supervision order, bind over order, hospital order Various – mostly between one year and length of the Order Period of order
As with the previous scheme, the above periods are halved for persons under 18 at date of conviction (except for custodial sentences of up to 6 months where the buffer period will be 18 months for persons under 18 at the date of conviction). The changes were made "to finally tackle our stubbornly high reoffending rates that currently see almost half of all prisoners commit further crime within a year of release."[28] An online calculator of whether a conviction is spent can be found at the Unlock for People's with Convictions Website.[29]
See also[edit]
Right to be forgotten
References[edit]
Jump up ^ Smith, William (2015-12-12). "NACRO Changing Lives, Reducing Crime" (PDF). Nacro. NACRO. Retrieved 2015-12-12.
^ Jump up to: a b c http://hub.unlock.org.uk/knowledgebase/rehabilitation-offenders-act-1974-2/
Jump up ^ "Hundreds of thousands of criminals to get clean slate in law change". Telegraph.co.uk. Retrieved 2015-12-16.
^ Jump up to: a b http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/exceptions-to-the-roa.html The full list of professions exempt from the Rehabilitation of Offenders Act 1974
Jump up ^ "Becoming a solicitor - Information Hub by Unlock - Online self-help information for people with convictionsInformation Hub by Unlock – Online self-help information for people with convictions". hub.unlock.org.uk. Retrieved 2015-11-14.
Jump up ^ "Robber allowed to qualify as a solicitor in the same court that jailed him". Mail Online. Retrieved 2015-11-14.
Jump up ^ "Gary was a fraudster. Now he's a barrister with a TV show". Telegraph.co.uk. Retrieved 2015-11-14.
Jump up ^ "Wannabe solicitor with murder conviction is allowed to do the LPC - Legal Cheek". Legal Cheek. Retrieved 2015-11-14.
Jump up ^ Charles, Mr. Justice (23 June 2014). "Selwyn Strachan v. Law Society, High Court of Justice Queen's Bench Division" (PDF). High Court of Justice Queen's Bench Division. High Court of Justice Queen's Bench Division. Retrieved 13 November 2015.
Jump up ^ https://www.nacro.org.uk/wp-content/uploads/2014/05/rehabilitation-of-offenders-act-1974-guide.pdf
Jump up ^ "Who Can Adopt? | Fostering & Adoption". www.fosteringinbrightonandhove.org.uk. Archived from the original on 2015-12-22. Retrieved 2015-12-16.
Jump up ^ "Sentencing - General Principles : Legal Guidance : Crown Prosecution Service". www.cps.gov.uk. Retrieved 2015-12-16.
Jump up ^ Ashworth, Andrew (2010). Sentencing and Criminal Justice. Cambridge: Cambridge University Press. pp. 210–212.
Jump up ^ Halliday, J (2001). Review of the Sentencing Framework for England and Wales. United Kingdom: Home Office.
Jump up ^ Roberts, Julian V. (2008). Punishing Persistence: Explaining the Enduring Appeal of the Recidivist Sentencing Premium. British Journal of Criminology. pp. 468–469.
Jump up ^ Editor, LSE Corporate Web. "Criminal convictions - Applicants in progress - Graduate - Study - Home". www.lse.ac.uk. Retrieved 2015-12-02.
Jump up ^ http://www.ox.ac.uk/admissions/graduate/applying-to-oxford/university-policies/criminal-convictions
Jump up ^ "Learning and Teaching Handbook : 1.2.6: Admissions Procedures in respect of Undergraduate Applicants with Criminal Convictions - Durham University". www.dur.ac.uk. Retrieved 2015-12-02.
Jump up ^ "Law change outlaws 'back door' criminal record check". ico.org.uk. 2015-08-27. Retrieved 2015-12-16.
Jump up ^ Crone, Tom; et al. (2002-06-05). Law and the Media. Focal Press. pp. 14–15. ISBN 0-240-51629-X.
Jump up ^ http://inforrm.wordpress.com/2011/03/02/libel-privacy-and-forgetting-claims-by-rehabilitated-offenders-hugh-tomlinson-qc/
Jump up ^ Crone, Tom (2013-07-31). Law and the Media. CRC Press. ISBN 9781136024429.
Jump up ^ "Reporting of criminal records in the media - Information Hub by Unlock - Online self-help information for people with convictionsInformation Hub by Unlock – Online self-help information for people with convictions". hub.unlock.org.uk. Retrieved 2015-12-17.
Jump up ^ "Lorraine Martin v. Hearst Corporation, et al" (PDF). United States Court of Appeals for the Second Circuit. United States Court of Appeals. January 28, 2015. Retrieved December 16, 2015.
Jump up ^ "What are the reporting restrictions on spent convictions?". www.inbrief.co.uk. Retrieved 2015-12-16.
Jump up ^ "Google's 'right to be forgotten' - but does it help people with convictions? - Information Hub by Unlock - Online self-help information for people with convictionsInformation Hub by Unlock – Online self-help information for people with convictions". hub.unlock.org.uk. Retrieved 2015-11-14.
Jump up ^ Criminal Justice and Immigration Act 2008, Schedule 10
Jump up ^ "Reforms to help reduce reoffending come into force - Press releases - GOV.UK". www.gov.uk. Retrieved 2015-12-16.
Jump up ^ "Unlock Criminal Record Disclosure Calculator". www.disclosurecalculator.org.uk. Retrieved 2015-12-16.
External links[edit]
Text of the Rehabilitation of Offenders Act 1974 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk
Ministry of Justice Guidance to the ROA
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value: Discussion about edits from this IP address [ctrl-alt-n]

value: A list of edits made from this IP address [ctrl-alt-y]

value: You are encouraged to create an account and log in; however, it is not mandatory

value: You're encouraged to log in; however, it's not mandatory. [ctrl-alt-o]

value: Discussion about the content page [ctrl-alt-t]

value: p-namespaces navigation vectorTabs p-namespaces-label

value:
p-variants
navigation
vectorMenu emptyPortlet
p-variants-label

value: Past revisions of this page [ctrl-alt-h]

value: p-views navigation vectorTabs p-views-label

value:
p-cactions
navigation
vectorMenu emptyPortlet
p-cactions-label

value:
mw-wiki-logo
/wiki/Main_Page
Visit the main page

value:
/wiki/Main_Page
Visit the main page [ctrl-alt-z]
z

value: Featured content – the best of Wikipedia

value: Find background information on current events

value:
/wiki/Special:Random
Load a random article [ctrl-alt-x]
x

value: portal navigation p-navigation p-navigation-label

value: Guidance on how to use and edit Wikipedia

value:
suggestions
display: none; font-size: 13px;

value: mediawiki ltr sitedir-ltr mw-hide-empty-elt ns-0 ns-subject page-Rehabilitation_of_Offenders_Act_1974 rootpage-Rehabilitation_of_Offenders_Act_1974 skin-vector action-view