THE PROCEEDINGSof the

FIRST ASSEMBLY OF VIRGINIA,Held July 30th, 1619.

INTRODUCTION.

The documents herewith presented are printed from copies obtained from the Public Record Office of Great Britain. When the question of the boundary line between Maryland and Virginia was before the Legislature of the latter State, in 1860, Colonel Angus W. McDonald was sent tƒEngland to obtain the papers necessary to protect the interests of Virginia. He brought back “nine volumes of manuscripts and one book containing forty-eight maps” (see his report, Virginia Legislative Documents, No. 39, 1861,). The volumes of manuscripts contained, upon an average, 425 pages each, and were filled with valuable historical documents, of many of which no copies had ever been seen on this continent since the originals were sent from the Colony of Virginia. In a conversation with the writer, held soon after his return from England, in March, 1861, Colonel McDonald stated that having obtained copies of all the documents relating to the question of the boundary line which could be found, and having more money left of the appropriation made than was needed to pay the expenses of his return home, he decided to devote the surplus to obtaining copies of papers relating to the early history of the State, without reference to the question of the boundary line. This statement will, we presume, satisfactorily account for the presence in his collection of such papers as do not relate to the subject upon which he was engaged. That he was well qualified to select such papers is evident from an examination of the list which he made out.

During the occupation of the State capitol building by the Federal troops and officials, after the surrender of the Confederate authorities in April, 1865, a very large quantity of the official documents filed in the archives of the State were removed from the building, and at the same time four of the nine volumes and the portfolio of maps above mentioned. Nothing has been heard from any of them since. In 1870, the question of the boundary line being again before the Legislature of Virginia, the Governor sent the Hon. D. C. De Jarnette upon the same errand that Colonel McDonald had so well performed, and the result was the obtaining of such papers as he could find relating to the subject under consideration, including duplicates of some of those which though useful in this connection, are included in the five volumes remaining of those collected by Col. McDonald; also, charters of great length, but which are to be found in print in the histories and statutes of the State, andmany [sic] of the miscellaneous papers which Colonel McDonald had copied under the circumstances above named. Among the latter is the account of the first meeting of the Assembly at Jamestown in 1619. When Colonel McDonald visited the State Paper Office (as it was then called) in 1860, this great repository of historical materials had not been thrown open to the public, and he tells us in his report that it was “twenty days after his arrival in London before he could obtain permission to examine the archives of the State Paper Office.” A year or two

afterwards all of the restrictions which had existed were removed, the papers arranged chronologically, and an index made by which they could be referred to. Farther, W. Noel Sainsbury, Esq., on of the officers of what is now called the Public Record Office, had published a calendar of all papers relating to the British colonies in North America and the West Indies, from the first discoveries to 1660 (soon be followed by another coming down to the period of the independence of the United States), which contains a brief abstract of every paper included in the above named period, so that enquirers upon subjects embraced in this calendar can by reference see what the office has on file relating to it., and obtain copies of the documents required, at a much less cost than a voyage to England. Acting upon this knowledge, the Library Committee of the Virginia Legislature has made a contract with Mr. Sainsbury for copies of the titles and copious abstracts of every paper in the Public Record Office, and other repositories, which relates to the history of Virginia while a Colony. All of which he proposes to furnish for about £250, being less than one-half the cost of either of the missions sent, which have obtained only a small fraction of the papers which we are to receive. He is performing his work in a most satisfactory manner; so much is he interested in the task that he has greatly exceeded his agreement by furnishing gratuitously full and complete copies of many documents of more than ordinary interest. Yet notwithstanding the known facilities afforded by the British Government and its officials, Mr. De Jarnette complains that he was refused permission to examine the Rolls Office and the State Paper Office (see his report, Senate Documents Session 1871-2, p. 12); and further, on page 15, he informs us that the papers which he obtained “had to be dug from a mountain of Colonial records with care and labor.” His troubles were further increased by the fact that “the Colonial papers are not arranged under heads of respective Colonies, but thrown promiscuously together and constitute an immense mass of ill kept and badly written records,” ib. p. 22.

The reader will infer from the preceding remarks that the State has two complete copies of the record of the proceedings of the first Assembly which met at Jamestown, viz: the McDonald and the De Jarnette copies, and also an abstract furnished by Mr. Sainsbury. Bancroft, the historian, obtained a copy of this paper, which was printed in the collections of the New York Historical Society for 1857. We have therefore been enabled to compare three different versions, and in a measure, a fourth. The De Jarnette copy being in loose sheets, written on one side only, was selected as the most convenient for the printer, and the text is printed from it. Where this differs from either of the others the foot notes show the differences, and when no reference is made it is because all of them correspond.

When these papers were submitted as a part of the repot of the Commissioners on the Boundary Line a joint resolution was adopted by both houses of the Legislature authorizing the Committee on the Library to print such of the papers might be selected, provided the consent of the Commission could be obtained. Application was made to allow the first and second papers in this pamphlet to be printed but it was refused. The Commission having been dissolved the Committee of the Library have assumed the responsibility and herewith submit this instalment [sic] of these interesting documents, which were written before the

Colony of Maryland was known, and all of which, save the first, were never before printed.

The Report of the proceedings of the first Assembly is prefaced with the introductory note published with Mr. Bancroft’s copy, to which a few notes explanatory have been added.

Trusting that this instalment[sic] of these historical records of the Ancient Dominion will be acceptable to the students of our early history, and sufficiently impress the members of the Legislature with their value to move them to make an appropriation sufficient to print all that has been obtained, this is

Respectfully submitted,by your obedient servants,

THOS. H. WYNNE, Chm. Senate Com. on Library,

W. S. GILMAN, Chm. House Com. on Library.

INTRODUCTORY NOTE.

Virginia, for twelve years after its settlement, languished under the government of Sir Thomas Smith, Treasurer of the Virginia Company in England. The Colony was ruled during that period by laws written in blood; and its history shows hoe the narrow selfishness of despotic power could counteract the best efforts of benevolence. The colonists suffered an extremity of distress too horrible to be described.

In April, 1619, Sir George Yeardley arrived. Of the emigrants who had been sent over at great cost, not one in twenty then remained alive. “In James Citty were only those houses that Sir Thomas Gates built in the tyme of his government, with one wherein the Governor allwayes dwelt, and a church, built wholly at the charge of the inhabitants of that citye, of timber, being fifty foote in length and twenty foot in breadth.” At Henrico, now Richmond, there were no more than “three old houses, a poor ruinatd Church, with some few poore buildings in the Islande.”1 “For ministers to instruct the people, he founde only three authorized, two others who never received their orders.” “The natives he founde uppon doubtfull termes;” so that when the twelve years of Sir Thomas Smith’s government expired, Virginia, according to the “judgements” of those who were then members of the Colony, was “in a poore estate.”2

From the moment of Yeardley’s arrival dates the real life of Virginia. He brought with him “Commissions and instructions from the Company for the better establishinge of a Commonwealth heere.”3 He made proclamation, “that those cruell lawes by which we” (I use the words of the Ancient Planters themselves) “had soe longe been governed, were now abrogated, and that we were to be governed by those free lawes which his Majesties subjectes live under in Englande.” Nor were these considerations made dependent on the good will of administrative officers.

“And that they might have a hande in the governinge of themselves,” such are the words of the Planters, “yt was graunted that a generall Assemblie shoulde be helde yearly once, whereat were to be present the Govr and Counsell wth two Burgesses from each Plantation, freely to be elected by the Inhabitants thereof, this Assemblie to have power to make and ordaine whatsoever lawes and orders should by them be thought good and proffitable for our subsistence.”4

In conformity with these instructions, Sir George Yeardley “sente his summons all over the country, as well to invite those of the Counsell of Estate that

1 “Henrico, now Richmond,” is a grievous error. Henrico, or Henricus, was situated ten miles below the present site of Richmond, on the main land, to which the peninsula known as Farrar’s Island was joined.” See note p.37. – En.2 “A Briefe Declaration of the Plantation of Virginia during the first twelve yeares, when Sir Thomas Smyth was Governor of the Companie, and downe to this present tyme. By th Ancient Planters now remaining alive in Virginia.” – MS, in my possession. {This document is the third in this collection. It is printed from the copy obtained by Col. McDonald. – En.3 “A Briefe Declaration,” &c.4 “A Briefe Declaration.” &c.

were absente, as also for the election of Burgess;”5 and on Friday, the 30th day of July, 1619, the first elective legislative body of this continent assembled at James City.

In the relation of Master John Rolfe, inserted by Captain John Smith in his History of Virginia,6 there is this meager notice of the Assembly: “The 25 of June came in the Triall with Corne and Cattell in all safety, which tooke from vs cleerely all feare of famine; then our gouernor and councell caused Burgesses to be chosen in all places, and met at a generall Assembly, where all matters were debated thought expedient for the good of the Colony.”

This account did not attract the attention of Beverley, the early historian of Virginia, who denies that there was any Assembly held there before May, 1620.7

The careful Stith, whose work is not to be corrected without a hearty recognition of his superior diligence and exemplary fidelity, gives an account8 of this first legislative body, though he errs a little in the date by an inference from Rolfe’s narrative, which the words do not warrant.

The prosperity of Virginia begins with the day when it received, as “a commonwealth,” the freedom to make laws for itself. In a solemn address to King James, which was made during the government of Sir Francis Wyatt, and bears the signature of the Governor, Council, and apparently every member of the Assembly, a contrast is drawn between the former “miserable bondage,” and “this just and gentle authoritye which hath cherished us of late by more worthy magistrates. And we, our wives and poor children shall ever pray to God, as our bounden duty is, to give

5 “A Briefe Declaration,” &c.6 Smith’s Generall Historie of Virginia, Richmond edition, Voll. ii, pp.38, 39.7 See Beverley’s History of Virginia, p. 37 of the first edition, and p.35 of the second. {“These Burgesses met the Governor and Council at Jamestowon in1620, and sat in consultation in the same house with them as the method of the Scots Parliament is.” “This was the first General Assembly that ever was held there.” – Beverley. – En.}8 Stith’s History of Virginia, p. 160, Williamsburg edition. {“And about the latter end of June (1619) he (Sir George Yeardley, Governor,) called the first General Assembly that was ever held in Virginia. Counties were not yet laid of, but they elected their representatives by townships. So that the Burroughs of Jamestowne, Henrico, Bermuda Hundred, and the reset, each sent their members to the Assembly” * * * * and hence it is that our lower house of Assembly was first called the House of Burgesses,” Stith, p. 160. “In May, this year (1620), there was held another Generall Assembly, which has, through mistake, and the indolence and negligence of our historians in searching such ancient records as are still extant in the country, been commonly reported the first General Assembly,” ib. p. 182. We do not see that Stith “errs” even “a little in the date.” Rolfe says, “The 25 of June came in the Triall with Corne and Cattell in all safety, which took from us cleerely all feare of famine, then our gouernor and councell caused Burgesses to be chosen in all places, and met at a generall Assembly,” Smith, p. 126. Stith says, “And about the latter end of June be called,” &c., Stith, p. 160. Neither intimate when the Assembly met, only that the governor called them in the latter part of June. – En.

you in this worlde all increase of happines, and to crowne you in the worlde to come wth immortall glorye.”9

A desire has long existed to recover the record of the proceedings of the Assembly which inaugurated so happy a revolution. Stith was unable to find it; no traces of it were met by Jefferson; and Hening,10 and those who followed Hening, believed it no longer extant. Indeed, it was given up as hopelessly lost.

Having, during a long period of years, instituted a very thorough research among the papers relating to America in the British State Paper Office, partly in person and partly with the assistance of able and intelligent men employed in that Department, I have at last been so fortunate as to obtain the “Proceedings of the First Assembly of Virginia.”11 The document is in the form of “a reporte” from the Speaker; and is more full and circumstantial than any subsequent journal of early legislation in the Ancient Dominion.

Many things are noticeable. The Governor and Council sat with the Burgesses, and took part in motions and debates. The Secretary of the Colony was chosen Speaker, and I am not sure that he was a Burgess.12 This first American

9 MS. Copy of Address of Sir Francis Wyatt, &c., &c., to King James I., signed by Sir Francis Wyatt and 32 others.10 Hening’s Statutes at Large, I., p.119, refers to the sets of 1623-‘4 as “the earliest now extant.”11 The first published notice of the existence of this paper occurred in the proceedings of the annual meeting of the Virginia Historical Society, held December 15, 1853. In the report of the Executive Committee the chairman, Conway Robinson, Esq., states that he had seen the original report in the State Paper Office in London, on a recent visit to that city. – See Virginia Historical Reporter, Vol. I, 1854. Whatever question there may be in regard to priority of discovery, it is to be regretted that it was left to the Historical Society of another State to publish a document of so much value to the one to which it solely relates. – En.12 The Secretary of the Colony and Speaker of the first Assembly was John Pory. If he had been one of the Burgesses his name would have appeared with the others. Through the influence of the Earl of Warwick he was made Secretary to the Virginia Company. Campbell says, “He was educated at Cambridge, where he took the Master of Arts in April, 1610. It is supposed he was a member of the House of Commons. He was much of a traveller, and was at Venice in 1613, at Amsterdam in 1617, and shortly after at Paris.” “Sir George Yeardley appointed him one of his Council.” – Campbell, p. 139. The record shows that he acted as the presiding officer of the first Assembly, whether ex officio or by selection is not stated. It will be seen that a typographical error in Bancroft’s pamphlet make his name Povy. In Smith’s General Historie there is a paper styled “The observations of Master John Pory, Secreatie of Virginia, in his travels;” it gives an account of his voyage to the eastern shore. – Smith, p. 141. Neill says of him, “John Pory was a graduate of Cambridge, a great traveller and good writer, but gained the reputation of being a chronic tippler and literary vagabond and sponger.” When young he excited the interest of Hakluyt, who, in a dedication to the third volume of his, remarks: “Now, because long since I did foresee that my profession of Divinitie, the care of my family, and other

Assembly set the precedent of beginning legislation with prayer. It is evident that Virginia was then as thoroughly a Church of England Colony, as Connecticut afterwards was a Calvinistic one. The inauguration of legislative power in the Ancient Dominion preceded the existence of negro slavery, which we will believe it is destined to survive. The earliest Assembly in the oldest of the original thirteen States, at its first session, took measures “towards the erecting of” a “University and Colledge.” Care was also taken for the education of Indian children. Extravagance in dress was not prohibited, but the mininters were to profit by a tax on excess in apparel. On the whole, the record of these Proceedings will justify the opinion of Sir Edward Sandys, that “they were very well and judiciously carried.” The different functions of government may have been confounded and the laws were not framd according to any speculative theory; but a perpetual interest attaches to the first elective body representing the people of Virginia, more than a year before the Mayflower, with the Pilgrims, left the harbor of Southampton, and while Virginia was still the oldest British Colony on the whole Continent of America.

GEORGE BANCROFT. NEW YORK, October 3, 1856.

occasions, might call or divert me from these kind of endeavour, I, therefore have, for these three years last past, encouraged and gathered in these studies of Comographia and former histories my honest, industrious and learned friend, Mr. John Porey, one of speciall skill and extraordinary hope, to perform great matters in the same, and beneficial to the Commonwealth.” “Pory, in 1600, prepared a Geographical History of Africa, but he soon disappointed the expectations of his friends.”

A letter from London, dated July 26, 1623, says: “Our old acqueintance, Mr. Porey, is in poore case, and in prison at the Terceras, whither he was driven by contrary winds, from the north coast of Virginia, where he had been upon some discovery, and upon his arrival he was arrainged and in danger of being hanged for a pirate.” “He died about 1635.” For further particulars from contemporary authorities, see Neill’s History of the Virginia Company of London. Alhany, Munsell, 1869. – En.

COLONIAL RECORDS OF VIRGINIA.

STATE PAPERSCOLONIAL. Vol. I. – No. 45.

[July 30, 1619.]13

A REPORTE of the manner of proceeding14 in the General assembly convented at James citty in Virginia, July 30, 1619, consisting of the Governor, the Counsell of Estate15 and two Burgesses elected out of eache Incorporation and Plantation, and being dissolved the 4th of August next ensuring.

Firƒt. Sir George Yeardley, Knight Governoent & Captaine general of Virginia, having ƒent his ƒumons all over the Country, as well to invite thoƒe of the Counƒell of Eƒtate that were abƒsente as alƒo for the election of Burgeƒƒes, there were choƒsen and appeared

For James cittyCaptaine William Powell,Enƒigne William Spense.

For Charles cittySamuel Sharpe,Samuel Jordan.

For the citty of HenricusThomas Dowƒe,John Polentine.

For KiccowtanCaptaine William Tucker,William Capp.

For Martin Brandon – Capt. John Martin’s Pla’tationMr Thomas Davis,Mr Robert Stacy.

For Smythe’s hundredCaptain Thomas Graves,Mr Walter Shelley.

For Martin’s hundred

13 The caption is after the De Jarnette copy. Bancroft has “S.P.O.” (State Paper Office.) “Am’a & W. Ind. Virg.: Indorsed, Mr. Povy out of Virginia. The Proceedings of the First Assembly of Virginia: July 1619.” Sainsbury’s Calendar of State papers: Colonial, 1574-1660, has, “Endorsed by Mr. Carleton. Mr. Pory out of Virginia.” – p. 22.14 Proceedings. Bancroft.15 State. McDonald.

Mr John Boys,16

John Jackson.For Argall’s guiffe17

Mr Pawlett,Mr Gourgaing.18

For Flowerdieu hundredEnsigne19 Roƒƒingham,Mr Jefferson.

For Captain Lawne’s plantationCaptain Christopher Lawne,Ensigne20 Washer.

For Captaine Warde’s plantationCaptaine Warde,Lieutenant Gibbes.

The moƒt convenient place we could finde to sitt in was the Quire of the Churche Where Sir George Yeardley, the Governour, being ƒett downe in his accuƒtomed place, thoƒe of the Counƒel of Eƒtate ƒate nexte him on both hands, excepte onely the Secretary then appointed Speaker, who ƒate right before him, John Twine, clerke21 of the General aƒƒembly, being placed nexte the Speaker, and Thomas Pierƒe, the Sergeant, ƒtanding at the barre, to be ready for any ƒervice the Aƒƒembly ƒhoulde comaund22 him. But forasmuche as men’s affaires doe little proƒper where God’s ƒervice is neglected, all the Burgeƒƒes tooke their places in the Quire till a prayer was ƒaid by Mr. Bucke, the Miniƒter, that it would pleaƒe God to guide and ƒanctifie all our proceedings23 to his owne glory and the good of this Plantation. Prayer being ended, to the intente that as we24 had begun at God Almighty, ƒo we25 might proceed wth awful and due reƒpecte towards the Lieutenant, our moƒt gratious and dread Soveraigne, all the Burgeƒƒes were intreatted to retyre themƒelves into the body of the Churche, wch being done, before they were fully admitted, they were called in order and by name, and ƒo every man (none ƒtaggering at it) tooke the oathe of Supremacy, and then entred26 the Aƒƒembly. At Captaine Warde the Speaker tooke exception, as at one that without any Comiƒƒion or authority had seated himƒelfe either upon the Companies, and

16 Boyes, McDonald.17 Guifte, Bancroft.18 Gourgainy, McDonald and Bancroft.19 Ensign, Bancroft.20 Ensign, Bancroft.21 Clerk, McDonald.22 Comand, McDonald.23 Proceedinges, Bancroft.24 wee, McDonald.25 wee, McDonald.26 entered, McDonald.

then his Plantation would not be lawfull, or on Captain Martin’s lande, and ƒo27 he was but a limbe or member of him, and there could be but two Burgeƒƒes for all. So Captaine Warde was commanded to abƒente himƒelfe till such time as the Aƒƒembly had agreed what was fit for him to doe. After muche debate, they reƒolved on this order following:

An order concluded by the General aƒƒembly concerning Captaine Warde, July 30th,28 1619, at the opening of the ƒaid Aƒƒembly.

At the reading of the names of the Burgeƒƒes, Exception was taken againƒt Captaine Warde as having planted here in Virginia without any authority or comiƒƒion from the Treƒurer, Counƒell and Company in Englande. But conƒidering he had bene at so great charged and paines to augmente this Colony, and had adventured his owne perƒon in the action, and ƒince that time had brought home a good29 quantity of fiƒhe, to relieve the colony by waye of trade, and above all, becauƒe the Comiƒƒion for authoriƒing the General Aƒƒembly admitteth of two Burgeƒƒes out of every plantation wth out reƒtrainte or exception. Upon all theƒe conƒiderations, the Aƒƒembly was contented to admitt of him and his Lieutenant (as members of their body and Burgeƒƒes) into their society. Provided, that the ƒaid Captaine Warde, wth all expedition, that is to ƒaye between this and the nexte general aƒƒembly (all lawful impediments excepted), ƒhould procure from the Treƒurer,30 Counƒell and Company in England a comiƒƒion lawfully to eƒtablish31 and plant himƒelfe and his Company as the Chieffs32 of other Plantations have done. And in caƒe he doe neglect this he is to ƒtande to the cenƒure of the nexte generall aƒƒembly. To this Captaine Warde, in the preƒence of us all, having given his conƒente and undertaken to performe the ƒame, was, together wth his Lieutenant, by voices of the whole Aƒƒembly firƒt admitted to take the oath of Supremacy, and then to make up their number and to ƒitt amongƒt them.

This being done, the Governour himself alledged that before we proceeded any further it behooved us to examine whither it were fit, that Captaine Martin’s Burgeƒƒes shoulde33 have any place n the Aƒƒembly, foramuche as he hath a clauƒe in his Patente wch doth not onely exempte him from that equality and uniformity of lawes and orders wer34 the great charter ƒaith are to extende35 over the whole Colony but alƒo from diverƒe ƒuch lawes as we muƒt be enforced36 to make in the General Aƒƒembly. That clauƒe is as followeth: Item. That I ƒhall and may be lawfull to and

27 soe, McDonald.28 30, Bancroft.29 goode, McDonald.30 Treasurer, McDonald.31 establishe, McDonald, Bancroft.32 Chiefes, McDonald.33 should, Bancroft.34 Wch, McDonald and Bancroft.35 extend, Bancroft.36 inforced, McDonald.

for the ƒaid Captain John Martin, his heyers, executours and aƒƒignes to governe and comaunde all ƒuche37person or perƒons as at this time he ƒhall carry over with him, or that ƒhalbe38 ƒsente him hereafter, free from any comaunde of the Colony, excepte it be in ayding and aƒƒiƒting the ƒame againƒt39 any forren or domesƒtical enemy.

Upon the40 motion of the Governour, diƒcuƒƒed the ƒame time in the aƒƒembly, enƒued this order following:

An order of the General Aƒƒembly touching a clauƒe in Captain41 Martin’s Patent at James Citty, July 30, 1619.

After all the Burgeƒƒes had taken the oath of Supremacy and were admitted into the houƒe, and all ƒett downe in their places, a Copie of Captain42 Martin’s Patent43 was produced by the Governor44 out of a Clauƒe whereof it appeared that when the general45 aƒƒembly had made ƒome kide of lawes requiƒitee for the whole Colony, he and his Burgeƒƒes and people might deride the whole company and chuƒe whether they would obay46 the ƒame or no.47 It was therefore ordered in Courte that the foreƒaid two Burgeƒƒes ƒhould wthdrawe themƒelves out of the aƒƒembly till ƒuche time as Captaine Martin had made his perƒonall appearance before them. At what time, if upon their motion, if he would be contente to quitte and give over that parte of his Patente, and contrary thereunto woulde submitte himƒelfe to the general forme of governemente as all others did, that then his Burgeƒƒes should be readmitted, otherwiƒe they were utterly to be excluded as being ƒpies rather than48 loyal Burgeƒƒes, becauƒe they had offered themƒelves to be aƒƒistant at the making of 49lawes wch both themƒelves and thoƒe whom they repreƒented might chuƒe whether they would obaye50 or not.

37 such, McDonald.38 shall be, McDonald.39 agst, McDonald.40 this, McDonald and Bancroft.41 Captaine, McDonald.42 Captaine, McDonald.43 Patente, McDonald and Bancroft.44 Governour, McDonald and Bancroft.45 Generall, McDonald and Bancroft.46 obey, McDonald; obaye, Bancroft.47 The following passage is a side note on the margin of the McDonald and De Jarnette copies, but Bancroft includes it in the text: - The authority of Captaine Martin’s Patent graunted by the Counƒell & Company under their Comon Seale, bing of an higher condition and of greater force then any Acte of the General Assembly.48 then, McDonald.49 of the, McD.50 obeye, McDonald; obaye, Bancroft.

Then came there in a complainte againƒt Captain51 Martin, that having ƒente his Shallop to trade for corne into the baye, under the commaunde of one Enƒigne Harriƒon, the ƒaide Enƒigne ƒshould affirme to one Thomas David, of Paƒpaheighe, 52Gent. (as the ƒsaid Thomas Davis depoƒed upon oathe,) that they had made a harde voiage, had they not meet wth a Canoa coming out of a creeke where their ƒhallop could not goe. For the Indians refuƒing to ƒell their Corne, thoƒe of the ƒhallop entered the Canoa wth their armes and tooke it by force, meaƒuring out the corne wth a baƒkett they had into the Shallop and (as the ƒaid Enƒigne Harriƒon ƒaith) giving them ƒatisfaction in copper beades53 and other trucking ƒtuffe.

Hitherto Mr. Davys upon his oath.Furthermore it was ƒignified from Opochancano to the Governour that thoƒe

people had complained to him to procure them juƒtice.54 For wch conƒiderations and becauƒe ƒuche55 outrages as this might breede danger and loƒƒ56 of life to others of the Colony wch ƒhould have leave to trade in the baye hereafter, and for prevention of the like violences againƒt the Indians in time to come, this order following was agreed on by the general aƒƒembly:

A ƒecond order againsƒt Captain Martin, at James citty, July 30, 1619.

It was alƒo ordered by the Aƒƒsembly the ƒame daye that in caƒe Captaine Martin and the ging of his ƒhallop would57 not thoroughly anƒwere an accuƒation of an outrage comitted againƒt a certaine Canoa of Indians in the baye, that then it was thought reaƒon (his Patent58, notwthƒtanding the authority thereof, he had in that caƒe abuƒed) he ƒhoulde59 from henceforth take leave of the Governour60 as other men, and ƒhould putt61 in ƒecurity, that his people ƒhall comitte no ƒuch62 outrage any more.

Upon this a letter or warrant was drawen in the name of the whole aƒƒembly to ƒumon Captaine Martin to appeare before them in forme following:

By the Governor63 and general aƒƒembly of Virginia.

51 Captaine, McDonald and Bancroft.52 Paspaheighs, McDonald, Banc’ft.53 beads, McDonald.54 iustice, McDonald.55 such, McDonald.56 loffe, McDonald.57 could, McDonald, Bancroft.58 Patente, McDonald and Bancroft.59 should, Bancroft.60 Governor. McDonald.61 put, McDonald.62 suche, McDonald and Bancroft.63 Governour, Bancroft.

Captaine Martine, we are to requeƒt64 you upon ƒight hereof, with all convenient ƒpeed to repaire hither to James citty to treatt and conferre wth us about ƒome matters of eƒpecial65 imporatance, wch concerns66 both us and the whole Colony and yourƒelf. And of this we praye you not to faile.

James citty, July 30, 1619.

To our very loving friend, Captain John Martin, Eƒquir, Maƒter of the ordinance.

Theƒe obƒtacles removed, the Speaker, who a long time had bene extreame ƒickly, and therefore not able to paƒƒe through long harangues, delivered in briefe to the whole aƒƒembly the occaƒions of their meeting. Which done, he read unto them the comiƒƒon for eƒtabliƒhing the Counƒell of Eƒtate and the general67 Aƒƒembly, wherein their duties were deƒcribed to the life.

Having thus prepared them, he read over unto them the greate Charter, or comiƒƒion of priviledges, orders and lawes, sent by Sir George Yeardley out of Englande.68 Which69 for the more eaƒe of the Committies, having divided into fower books, he read the former two the ƒame forenoon for expeditious70 ƒake, a ƒecond time over, and ƒo they were referred to the peruƒall of twoe Comitties, wch did reciprocally conƒider of either, and accordingly brought in their opinions. But ƒome man may here objecte to what ende we ƒhould preƒume to referrre that to the examination of Comittties wch the Counƒsell and Company in England 71 had already reƒolved to be perfect, and did expecte nothing72 but our aƒƒente thereunto?73 To this we anƒwere, that we did it not to the ende to correcte or controll anything therein contained, but onely in caƒe we ƒhould finde ought not perfectly ƒquaring wth the ƒtate of this Colony or any lawe wch did preƒƒe or binde too harde, that we might by waye of humble petition, ƒeeke to have it redreƒƒed, eƒpecially becauƒe this great Charter is to binde us and our heyers for ever.

The names of the Comitties for peruƒing the first booke of the fower:

1. Captain William Powell, 2. Enƒigne Roƒingham,3. Captaine Warde, 4. Captaine Tucker,5. Mr. Shelley, 6. Thomas Douƒe,

64 request, McDowell. [sic]65 especiall, McDonald. 66 concerne, McDonald and Bancroft.67 Genll, McDonald.68 The substance of these will be found in the paper, “A briefe Declaration,” &c. See post. 69 Wch, McDonald.70 expeditions, Bancroft.71 Englande, McDonald.72 nothinge, McDonald.73 thereunto, McDonald and Bancroft.

7. Samuel Jordan, 8. Mr. Boys.

The names of the Comitties for peruƒing the ƒecond booke:

1. Captaine Dawne,74 2. Captaine Graves3. Enƒigne Spense, 4. Samuel Sharpe,5. William Cap, 6. Mr. Pawlett,7. Mr. Jefferƒon, 8. Mr. Jackƒon.

Theƒe Comitties thus appointd, we brake up the firƒt forenoon’s aƒƒembly.

After dinner the Governor and thoƒe that were not of the Comitties75 ƒate a ƒecond time, while the ƒaid Comitties76 were employed in the perusal of thoƒe twoe bookes. And whereas the Speaker had propounded fower ƒeverall objects for the Aƒƒembly to conƒider on: namely, firƒt, the great charter of orders, lawes and priviledges; Secondly, which of the inƒtructions given by the Counƒel in England to my lo: la: warre,77 Captain Argall or Sir George Yeardley, might convenitently putt on the habite of lawes; Thirdly, what lawes might iƒƒue out of the private conceipt of any of the Burgeƒƒes, or any other of the Colony; and laƒtly, what petitions were78 fitt to be ƒente home for England. It pleaƒed the Governour79 for expedition80 ƒake to have the second objecte81 of the fower to be examined & prepared by himƒelfe and the Non-Comitties. Wherin after having ƒpente ƒome three howers’82 conference, the two Committies83 brought in their opinions concerning the twoe former bookes, (the ƒecond of which beeginneth at theƒe words of the Charter: And foraƒmuche as out intente is to eƒtabliƒh one equall and uniforme kinde of government over all Virginia &c., )84 wch the whole Aƒƒembly, becauƒe it was late, deferred to treatt85 of till the next morning.

SATTURDAY, July 31.

74 Lawne, McDonald, and Bancroft the list of Burgesses on p.10, showing this to be proper.75 Comittees, McDonald.76 Comittees, McDonald.77 Lord le Warre, McDonald.78 we, McDonald.79 Governor, McDonald.80 expeditions, McDonald, also Bancroft.81 obiecte, McDonald.82 houres, McDonald.83 two Comittees, McDonald.84 The McDonald copy includes in ( ) all of this from “the second of which” to “Charter,” and another single ) after &c. The De Jarnette copy has one ) only after *c. Bancroft includes what is adopted in this txt. 85 McDonald has breath.

The nexte daye, therefore, out of the opinions of the ƒaid Comitties,86 it was agreed, theƒe87 Petitions enƒuing ƒhould be framed, to be preƒented to th Treaƒurer, Counƒel & Company in England. Upon the Comitties’88 peruƒall of the firƒ booke,89 the General90 Aƒƒembly doe become moƒt humble ƒuitours to their lops and to the reƒt of that honble Counell and renowned Company, that albeit they have bne pleaƒed91 to allotte unto the Governor92 to themƒelves, together wth the Counƒell of Eƒtate here, and93 to the officers of Incorporations, certain lande94 portions of lande to be layde out wth in the limites of the ƒame, yet that95 they woulde vouchƒafe alƒo,96 that 97groundes as heretofore had bene granted by patent to the antient98 Planters by former Governours that had from the Company received comiƒƒion99 ƒo to doe, might not nowe after so muche labour and coƒte, and ƒo many yeares habitation be taken from them. And to the ende that no man might doe or ƒuffer any wrong in this kinde, that they woulde favour us ƒo muche (if they meane to graunte this our petition) as to ƒende us notice, what comiƒƒion or authority for graunting of lands they have given to eache100 particular Governour in times paste.

The ƒecond petition of the General aƒƒembly framed by the Comitties101 out of the ƒecond book is. That the Treaƒurer102 & Company in England would be pleaƒed wth as muche convenient ƒpeed103 as may be to ƒende men hither to occupie their lands belonging to the fower Incorporations, as well for their owne104 behoofe and proffitt as for the maintenance of the Counƒel105 of Eƒtate, who are nowe106 to their extream hindrance often drawen far from their private buƒines and likewiƒe

86 Comittees, McDonald.87 Those, McDonald.88 Comittees, McDonald.89 book, McDonald.90 Generall, McDonald.91 pleas’d, McDonald.92 Governr, McDonald; Govr, Bancroft.93 &, McDonald.94 large, McDonald. 95 Bancroft omits “that.”96 alsoe, Bancroft.97 McDonald has such and Bancroft has suche after that.98 ancient, McDonald.99 Comissn, Bancroft.100 each, Bancroft.101 Comittess, McDonald.102 Tresurer, McDonald.103 speede, McDonald.104 own, Bancroft.105 Counsell, McDonald and Bancroft. 106 now, McDonald.

that they will have a care to ƒende107 tenants to the miniƒters of the fower Incorporations to manure their gleab, to the intente that the allowance they have allotted them of 200 G.108 a yeare may the more eaƒily be raiƒed.

The thirde Petition humbly preƒented by this General Aƒƒembly to the Treaƒurer, Counƒell & Company is, that it may plainely be expreƒƒed in the great Comiƒƒion (as indeed it is not) that the antient Planters of both fortes, viz., ƒuche as before Sir Thomas Dales’ depart109 were come hither upon their owne chardges,110 and ƒuche also as were brought hither upon the Companie’s coƒte, maye have their ƒecond, third and more diviƒions ƒucceƒƒively in as lardge and free maner as any other Planters. Alƒo that they wilbe pleased to allowe to the male children, of them and of all others begotten in Virginia, being the onely hope of a poƒterity, a ƒingle ƒhare a piece, and ƒhares for their iƒƒues or111 for themƒelves, becauƒe that in a newe plantation it is not knowen whether man or woman be the more neceƒƒary.

Their fourth Petition is to beƒeech the Treaƒurer, Counƒell & Company that they would be pleaƒed to appoint a Sub-Tresurer112 here to collecte their rents,113 to the ende that114 the Inhabitants of this Colony be not tyed to an impoƒƒibility of paying the ƒame yearly to the Treaƒurer in England, and that they would enjoine the ƒaid Sub-Treasƒurer not preciƒely according to the letter of the Charter to exacte mony of us (whereof we have none at all, as we have no minte), but the true value of the rente in commodity.

The fifte Petition is to beƒeeche the Treaƒurer, Counsell & Company that, towards the erecting of the Univerƒity and Colledge, they will ƒende, when they ƒhall thinke115 it moƒt convenient, workmen of all ƒortes, fitt for that purpoƒe.

The sixte and laste is, they wilbe116 pleased to change the ƒavage name of Kiccowtan, and to give that Incorporation a newe name.

Theƒe are the general Petitions drawen by the Comitties out of the two former bookes wch the whole general aƒƒembly in maner and forme above117 ƒett downe doe moƒt humbly offer up and preƒent118 to the honourable conƒtruction of the Treaƒurer, Counƒell and Company in England.

107 send, McDonald.108 £200, Bancroft. 109 In the McDonald copy this was just written departure, then “ure” crossed out with a pen, and the word made department. Bancroft has departure. 110 Charges, McDonald.111 McDonald and Bancroft both have “wives as,” instead of “iƒƒues or,” the former being evidently the proper words.112 Treasurer, McDonald.113 rentes, McDonald, Bancroft.114 McDonald and Bancroft both omit that.115 McDonald and Bancroft omit it.116 will be, McDonald.117 sette, Bancroft.118 presente, McDonald and Bancroft.

Theƒe petitions thus concluded on, thoƒe twoe Comitties brought me119 a reporte what they had observed in the two latter bookes, wch was nothing elƒe but that the perfection of them was ƒuche as that120 they could finde nothing therein ƒubject to exception, only the Governors121 particular opinion to my ƒelfe in private hathe bene as touching a clause in the thirde booke, that in theƒe doubtfull times between us and the Indians, it would behoove122 us not to make as123 lardge distances between Plantation and Plantation as ten miles, but for our more ƒtrength ande ƒecurity to drawe nearer together.

At the ƒame time, there remaining no124 farther scruple in the mindes of the Aƒƒembly touching the ƒaid great Charter of lawes, orders and priviledges, the Speaker putt the ƒame to the queƒtion, and ƒo it had botht he general aƒƒent and the applauƒe of the whole aƒƒembly, who, as they profeƒƒed themƒelves in the firƒt place moƒt ƒubmiƒƒively thankfull to almighty god, therefore ƒo they commanded the Speaker to returne (as nowe he doth) their due and humble thankes to the Treasurer, Counƒell and company for ƒo many priviledges and favours as well in their owne names as in the names of the whole Colony whom they repreƒented.

This being diƒpatched we fell once more125 debating of ƒuche inƒtructions given by the Counƒell in England to ƒeveral126 Governors127as might be converted into lawes, the laƒt whereof was the Eƒtabliƒhment of the price of Tobacco, namely, of the beƒt at 3d128 and the ƒcond at 18d the pounde. At the reading of this the Aƒƒembly thought good to ƒend for Mr. Abraham Perƒey, the Cape marchant, to publiƒhe this inƒtruction to him, and to demaunde129 of him if he knewe of any impediment why it might not be admitted of? His anƒwere130 was that he had not as yet received any ƒuche order from the Adventurers of the131 in England. And notwthƒtanding he ƒawe the authority was good, yet was he unwilling to yield, till ƒuche time as the Governor132 and Aƒƒembly had layd their commandment upon him, out of the authority of the foreƒaid Inƒtructions as followeth:

By the General Aƒƒembly.

119 In, McDonald, Bancroft.120 McDonald and Bancroft omit that.121 Govnrs, McDonald; Govrs, Bancroft.122 Behoove, McDonald, Bancroft.123 So, McDonald, Bancroft.124 Noe, McDonald.125 McDonald and Bancroft insert to.126 Severall, McDonald.127 Governrs, McDonald; Gov., Bancroft.128 The text, which follows the De Jarnette copy, is evidently wrong. The McDonald copy is blotted and illegible. Bancroft has 3.s. and Sainsbury’s abstract the same.129 Demand, McDonald.130 Answer, McDonald, Bancroft.131 McDonald and Bancroft both fill the space with Magazin.132 Govr, Mcdonald, Bancroft.

We will and require you, Mr. Abraham Perƒey, Cape Marchant, for this daye forwarde to take notice, that, according to an article in the Inƒtructions confirmed by the Treasurer, Counƒell133 and Company in Englande at a general quarter courte, both by134 voices and under their hands135 and the Comon ƒeall,136 and given to Sir George Yeardley, knight, this preƒent governour, Decemb.137 3, 1618, that you are bounde to accepte of the Tobacco of the Colony, either for commodities or upon billes,138 at three ƒhillings the beƒte139 and the ƒecond ƒorte at 18d the pounde, and this ƒhalbe140 your sufficient diƒchardge.

James citty out of the ƒaid General Aƒƒembly, July 31,141 1619.At the ƒame142 the Inƒtructions convertible into lawes were referred to the

conƒideration of the above named Committies,143 viz., the general Inƒtructions to the firƒt Committie144 and the particular Inƒtructions to the ƒecond, to be returned by them into the aƒƒembly on Munday morning.

SUNDAY, Aug. 1.

Mr. Shelley, one of the Burgeƒƒes, deceased.

MUNDAY,145 Aug 2.

Captain John Martin (according to the ƒumons ƒent him on Fryday,146 July 30,) made his perƒonall appearance at the barre, whenas the Speaker having firƒt read unto him the orders of the Aƒƒembly that concerned him, he pleaded lardgely for himƒelf147 to them both and indevoured148 to anƒwere ƒome other thinges149 that were objected againƒt150 his Patente. In fine, being demanded out of the former

133 Counsell, Treasurer, McDonald.134 McD. inserts the.135 handes, McD.136 seale, McD., Bft.137 Decr, McDonald.138 bills, McDonald.139 beƒt, McDonald.140 ƒhall be, McDonald.141 31st, Bancroft.142 McDonald and Bancroft inƒert time.143 Committees, McDonald.144 Committee, McDonald.145 Monday, McDonald and Bancroft.146 Friday, McDonald.147 himƒelfe, McDonald and Bancroft. 148 & indeavoured, McDonald.149 things, McDonald.150 agst, McDonald.

order whether he would quitte that clauƒe of his Patent151 wch (quite otherwiƒe then Sir William Throckmorton’s, Captain Chriƒtopher Dawnes’152 and other men’s patentes) exempteth himƒelffe and his people from all ƒervices of the Colonie excepte onely in caƒe of warre againƒt153 a forren or domeƒticall enemie. His anƒwere154 was negative, that he would not infringe any parte155 of his Patente. Whereupon it was reƒolved by the Aƒƒembly that his Burgeƒƒes ƒhould have no admittance.

To the ƒecond order his anƒwere was affirmative, namely, that (his Patent156 notwithƒtanding) whensoever he ƒhould ƒend into the baye to trade, he would157 be contente to putt in ƒecurity to the Governour158 for the good behaviour of his people towardes159 the Indians.

It was at the ƒame time further ordered by the Aƒƒembly that the Speaker, in their names, ƒhould (as he nowe doth160) humbly demaunde161 of the Treaƒurer, Counƒell162 and Company an expoƒition of this one clauƒe in Captaine163 Martin’s Patent, namely, were it is ƒaide That he is to enjoye164 his landes in as lardge165 and ample manner, to all intents and166 purpoƒes, as any lord of any manours in England dothe holde his grounde out of wch some have collected that he might by the ƒame graunte protecte men from paying their debts and from diverƒe other dangers of lawe. The leaƒt the Aƒƒembly can alledge againƒt this clauƒe is, that it is obƒcure, and that it is a thing impoƒƒible for us here to knowe the Prerogatives of all the manours in Englande. The Aƒƒembly therefore humbly beƒeeche167 their lopps168 and the reƒt of that honble houƒe169 that in caƒe they ƒhall finde any thing in this or in any other parte of his graunte wherby that clauƒe towards the concluƒion of the great charter, (viz., that all grauntes aƒwell of the one ƒorte as of the other reƒpectively, be made wth equal

151 Patente, McDonald and Bancroft.152 Lawnes, Bancroft, fee p. 10.153 agst, McDonald.154 anƒwer, Bancroft.155 part, McDonald and Bancroft.156 patente, McDonald.157 woulde, McDonald.158 Govr, Bancroft.159 towards, Bancroft.160 doe, McDonald.161 demande, McDonald. 162 Council, McDonald.163 Capt., Bancroft.164 enjoy, McDonald and Bancroft.165 large, McDonald, Bancroft.166 &, McDonald.167 beƒeecheth, McDonald and Bancroft.168 Lops, McDonald; Lops, Bancroft.169 hourde, McDonald and Bancroft.

favour, & graunts170 of like liberties & imunities171 as neer as may be, to the ende that all complainte172 of partiality and indifferency173 may be avoided,) might174 in any ƒorte be contradicted or the uniformity and equality175 of lawes and176 orders extending over the whole Colony might be impeached, That they would be pleaƒed to remove any ƒuch hindrance as may diverte out of the true courƒe the free and177 publique current of Juƒtice.

Upon the ƒame grounde and178 reason their lops, together with the reƒt of the Counƒell179 and Company, are humbly beƒought180 by this general181 aƒƒembly that if in that other clauƒe wch exempteth Captaine182 Martin and his people from all ƒervices of the Colony &c., they ƒhall finde any reƒiƒtance againƒt183 that equality and184 uniformity of lawes and orders intended nowe by them to be eƒtabliƒhed over the whole Colony, that they would be pleaƒed to reforme it.

In fine, wheras185 Captaine186 Martin, for thoƒe ten ƒhares allowed him for his perƒonal187 adventure and188 for his adventure of £70 beƒides, doth claim 500 acres a ƒhare, that the Treaƒurer, Counƒell and Company woulde vouchƒafe to give notice to the Governour189 here, what kinde190 of ƒhares they meante he ƒhould have when they gave him his Patent.191

The premiƒƒes about Captaine Martin thus reƒolved, the Committies192 appointed to conƒider what instructions are fitt to be converted into lawes, brought in their opinions, and193 firƒt of ƒome of the general194 inƒtructions.

170 grants, McDonald.171 immunities, McDonald.172 complaints, McDonald, Bancroft.173 unindifferency, McDonald, Bancroft.174 mighte, McDonald.175 equality, McDonald.176 &, McDonald.177 &, McDonald and Bancroft.178 &, McDonald and Bancroft.179 Councill, McDonald.180 beƒoughte, McDonald.181 the Generall, McDonald.182 Captain, Bancroft.183 agst, McDonald.184 &, McDonald.185 whereas, McDonald.186 Captaine, McDonald; Capt., Bancroft.187 perƒonall, McDonald.188 &, McDonald.189 Governr, McDonald.190 kind, McDonald.191 Patente, McDonald.192 Committee, McDonald.193 &, McDonald.194 generall, McDonald.

Here begin the lawes drawen out of the Inƒtructions given by his Maties Counƒell of Virginia in England to my lo: la warre,195 Captain Argall and Sir George Yeardley, knight.

By this preƒent Generall Aƒƒembly be it enacted, that no196 injury or oppreƒƒion be wrought by the Engliƒhe197 againƒt198 the Indians whereby the preƒent peace might be diƒturbed and antient quarrels might be revived. And farther199 be it ordained, that the Chicohomini are not to be excepted out of this lawe; untill either that suche200 order come out of Englande, or that they doe provoke us by some newe injury.

Against Idlenes, Gaming, durunkenes & exceƒƒe in apparell the Aƒƒembly hath enacted as followeth:

First, in deteƒtation of Idlenes201 be it enacted, that if any men be founde to live as an Idler or renagate, though a freedman, it shalbe202 lawfull for that Incorporation or Plantation to wch he belongeth to appoint him a Mr to ƒerve for wages, till he shewe apparant signes of amendment.

Againƒt gaming at dice203 & Cardes be it ordained by this preƒent aƒƒembly that the winner or winners ƒhall loƒe all his or their winninges and both winners and looƒers ƒhall forfaicte204 ten ƒhillings a man, one ten ƒhillings whereof to go to the diƒcoverer, and the reƒt to charitable & pious uƒes in the Incorporation where the faulte205 is comitted.

Againƒt drunkenneƒs be it alƒo decreed that is any private perƒon be found culpable thereof, for the firƒt time he is to be reproved privately by the Miniƒter, the ƒecond time publiquely, the thirde time to lye in boltes 12 howers in the houƒe of th Provost Marƒhall & to paye his fee,206 and if he ƒtill continue in that vice, to undergo ƒuche ƒevere puniƒhment as the Governor207 and Counƒell of Eƒtate ƒhall thinke fitt to be inflicted on him. But if any officer offende in this crime, the firƒt time he ƒhall receive a reproof from the Governour, the ƒecond time he ƒhall openly be reproved in the churche by the miniƒter, and the third time he ƒhall firƒt be comitted and

195 Lo. La Warre, McDonald and Bancroft.196 Noe, McDonald.197 Engliƒhe, Bancroft.198 agst, McDonald.199 further, McDonald.200 ƒuch, McDonald.201 Idlers, McDonald.202 ƒhall be, McDonald.203 and, Bancroft. As the McDonald copy has & in every inƒtance where the other two have and, the reader will bear this in mind and it will not be again repeated.204 forfaite, McDonald.205 faults are, McDonald.206 fees, McDonald.207 Governr, McDonald; Governr, Bancroft.

then degraded. Provided it be underƒtood that the Governr 208hath alwayes209 power to reƒtore him when he shall, in his diƒcretion thinke fitte.

Againƒt excesse in210 apparell that every man be ceƒƒed in the churche for all publique contributions, if he be unmarried according to his owne apparell, if he be married, according to his owne and his wives, or either of their apparell.

As touching the inƒtruction211 of drawing ƒome of the better diƒpoƒed of the Indians to converƒe wth our people & to live and labour amongst212 them, the Aƒƒembly who knowe213 well their diƒpoƒitions thinke it fitte to enjoine,214 leaƒt to counƒell thoƒe of the Colony, neither utterly to rejecte them nor yet to drawe them to come in. But in caƒe they will of themƒelves come voluntarily to places well peopled, there to doe ƒervice in killing of Deere, fiƒhing, beatting of Corne and other works, that then five or ƒix may be admitted into every ƒuch place, and no more, and that wth the conƒente 215 of the Governour. Provided that good216 guarde217 in the night be kept upon them, for generally (though ƒome amongƒt many may proove218 good) they are a moƒt trecherous people and quickly gone when they have done a villainy. And it were fitt219 a houƒewe builte for them to lodge in aparte220 by themƒelves, and lone inhabitants by no meanes221 to entertaine them.

Be it enacted by this preƒent aƒƒembly that for laying a surer foundation of the converƒion of the Indians to Chriƒtian Religion, eache towne, citty, Borrough, and particular plantation do obtaine unto themƒelves by juƒt means a certaine number of the natives’ children to be educated by them in true religion and civile courƒe of life – of wch children the moƒt towardly boyes in witt & graces of nature to be brought up by them in the firƒt elements of litterature, ƒo222 to be fitted for the Colledge intended for them that from thence they may be ƒente223 to that worke of converƒion.

As touching the buƒines of plating corne this preƒent Aƒƒembly doth ordaine that yeare by yeare all & every houƒeholder and houƒehoulders have in ƒtore for every ƒervant he or they ƒhall keep, and alƒo for his or their owne perƒons, whether they have any Servants or no, one ƒpare barrell of corne, to be delivered

208 Governr, McDonald; Governr, Bancroft.209 alwaies, McDonald; always, Bancroft.210 of, McDonald.211 inƒructions, McDonald and Bancroft.212 among, McDonald.213 know, McDonald.214 at inƒerted by Bancroft.215 with conƒente, McDonald.216 goode, Bancroft.217 guard, McDonald.218 prove, McDonald.219 fitte, Bancroft.220 apart, McDonald.221 means, Bancroft.222 as, inƒerted by Bancroft.223 ƒent, McDonald.

out yearly, either upon ƒale or exchange as need ƒhall require. For the neglecte224 of wch duty he ƒhalbe225 ƒubjecte to the cenƒure of the Governr226 and Counƒell of Eƒtate. Provided alwayes that the firƒt yeare of every newe man this lawe ƒhall not be of227 force.

About the plantation of Mulbery trees, be it enacted that every man as he is ƒeatted228 upon his diviƒion, doe for ƒeven yeares together, every yeare plante and maintaine in growte229 ƒix230 Mulberry trees at the leaƒt,231 and as many more as he ƒhall thinke conveniente and as his virture232 & Industry ƒhall move him to plante, and that all ƒuche perƒons as ƒhall neglecte the yearly planting and maintaining of that ƒmall proportion ƒhalbe233 ƒubjecte to the cenƒure of the Governour & the Counƒell of Eƒtate.

Be it farther234 enacted as concerning Silke-flaxe, that thoƒe men that are upon their diviƒion or ƒetled235 habitation doe this next236 yeare plante & dresse 100 plantes, wch being founde a comedity,237 may farther be increaƒed. And whosoever do faill in the performance of this ƒhalbe238 ƒubject to this puniƒhment of the Governour239 & Counsell of Eƒtate.

For hempe also both Engliƒhe & Indian, and for Engliƒhe240 flax & Anniƒeeds, we do241 require and enjoine all houƒeholders of this Colony that have any of those seeds242 to make trial thereofe the nexte ƒeason.

Moreover be it enacted by this present Aƒƒembly, that every houƒeholder doe yearly plante and maintaine ten vines untill they have attained to the art and experience of dressing a Vineyard either by their owne industry or by the Instruction of ƒome Vigneron. And that upon what penalty ƒoever the Governor243 and Counƒell of Eƒtate ƒhall thinke fitt to impoƒe upon the neglecters of this acte.

224 neglect, McDonald.225 ƒhall be, McDonald.226 Governour, McDonald and Bancroft.227 in, McDonald.228 ƒeated, McDonald.229 growth, McDonald.230 ƒixe, McDonald and Bancroft.231 leaƒte, McDonald and Bancroft.232 virtue, McDonald.233 ƒhall be, McDonald.234 further, McDonald.235 ƒettled, McDonald.236 next, McDonald.237 comodity, McDonald and Bancroft.238 ƒhall be, McDonald.239 Governor, McDonald.240 Engliƒh, Bancroft.241 wee doe, McDonald.242 ƒeedes, Bancroft. 243 Governour, McDonald and Bancroft.

Be it alƒo enacted that all neceƒƒary tradeƒmen, or ƒo244 many as need ƒhall require, suche245 as are come over ƒince the departure of Sir Thomas Dale, or that ƒhall hereafter come, ƒhall worke at their trades for any other man, each246 one being payde according to the quality247 of his trade and worke, to be eƒtimated, if he ƒhall not be contented, by the Governor and officers of the place where he worketh.

Be it further ordained by this General Aƒƒembly, and we doe by theƒe preƒents enacte, that all contractes248 made in England between the owners of lande and their Tenants and Servantes wch they ƒhall ƒende249 hither, may be cauƒed to be duely250performed, and that the offenders be puiƒhed as the Governour251 and Counƒell of Eƒtate ƒhall thinke just and convenient.

Be it eƒtabliƒhed alƒo by this preƒent Aƒƒembly that no crafty or advantagious means be ƒuffered to be putt in practiƒe for the inticing awaye the Tenants or252 Servants of any particular plantation from the place where they are seated. And that it ƒhalbe253 the duty of the Governor254 & Counƒell of Eƒtate moƒt ƒeverely to puniƒhe both the ƒeducers and the ƒeduced, and to returne255 theƒe latter into their former places.

Be it further enacted that the orders for the Magazin256 lately made be exactly kepte, and that the Magazin be preƒerved from wrong257 and ƒiniƒter practiƒees, and that according to the orders of courte in Englande258 all Tobacco and ƒaƒƒafras be brought259 by the Planters to the Cape marchant till ƒuche time as all the goods260 nowe or heretofore ƒent for the Magazin be taken off their handes at the prices agreed on. That by this meanes261 the ƒome262 going for Englande263 with264 one hande, the price thereof may be uphelde265 the better. And to the ende that all the

244 ƒoe, McDonald.245 ƒuch, Bancroft.246 eache, McDonald and Bancroft.247 qualitye, Bancroft.248 contracts, McDonald.249 ƒend, McDonald.250 duly, McDonald.251 Governr, McDonald.252 &, McDonald.253 ƒhall be, McDonald.254 Governr, McDonald; Governour, Bancroft. 255 return, Bancroft. 256 magazine, McDonald.257 wronge, McDonald.258 England, McDonald.259 Sasƒafras brought, McDonald; to be brought, Bancroft.260 goodes, Bancroft.261 means, Bancroft.262 ƒame, McDonald and Bancroft.263 England, McDonald.264 into, McDonald and Bancroft.265 upheld, Bancroft.

whole Colony may take notice of the laƒt order of Courte made in Englande and all thoƒe whom it concerneth may knowe266 howe267 to obƒerve it, we268 holde it fitt to publiƒhe it here for a lawe269 among the reƒt of our lawes. The wch270 order is as followeth:

Upon the 26271 of October, 1618, it was ordered that the Magazin272 ƒhould continue during273 the terme formerly prefixed, and that certaine274 abuƒes now complained of ƒhould be reformed, and that for preventing of all Impoƒitions ƒave the allowance of 25 in the hundred proffitt, the Governor275 ƒhall have an invoice as well as the Cape Marchant, that if any abuse in the ƒale of the276 goods be offered, wee,277upon Intelligence and due examination thereof, ƒhall ƒee it correctede. And for the incouragement278 of particular hundreds, as Smythe’s hundred, Martin’s hundred, Lawnes’ hundred, and the like, it is agreed that what comodities are reaped upon anie of theƒe General279 Colonies, it ƒhalbe lawefull for them to returne the ƒame to their owne adventurers. Provided that the ƒame280 comodity be of their owne growing, wth out trading wth any other, in one entyre lumpe and not diƒperƒed, and that at the determination of the jointe ƒtocke, the goods then remaining in the Magazin281 ƒhalbe282 bought by the ƒaid particular Colonies before any other goods wch ƒhall be ƒente by private men. And it was moreover ordered that if the lady la warre, the Lady Dale, Captain Bargrave and the reƒt, would unite themƒelves into a ƒettled283 Colony they might be capable of the same priviledges that are graunted to any of the foreƒsaid hundreds. Hitherto the order.

All284 the general Aƒƒembly by voices concluded not only the acceptance and obƒervation of this order, but of the Inƒtruction alƒo to Sir George Yeardley next preceding the ƒame. Provided firƒt, that the Cape Marchant do285 accepte of the Tobacco of all and everie the Planters here in Virginia, either for Goods or upon

266 know, McDonald.267 how, McDonald.268 wee, McDonald.269 Law, McDonald. 270 which, McDonald.271 26th, McDonald and Bancroft.272 Magazine, McDonald.273 duringe, McDonald. 274 certain, Bancroft.275 Governour, McDonald and Bancroft.276 the, omitted by McDonald.277 wee, McDonald, Bancroft.278 encouragement, McDonald.279 ƒeverall, McDonad; ƒeveral, Bancroft; this word evidently the proper one.280 ƒaid, McDonald; Bancroft.281 magazine, McDonald.282 ƒhall be, McDonald.283 ƒetled, Bancroft.284 And, Bancroft.285 doe, McDonald.

billes of Exchange at three ƒillings the pounde the beƒte, and 18d the ƒecond sorte. Provided alƒo that the billes be only payde in Englande. Provided, in the thir place, that if any other beƒides the Magazin286 have at any time any neceƒƒary comodity wch the Magazine doth wante, it ƒhall and may be lawfull for any of the Colony to buye287 the ƒaid neceƒƒary comodity of the ƒaid party, but upon the termes of the Magazin288 viz: allowing no more gaine then 25 in the hundred, and that with the leave of the Governour. Provided laƒtely,289 that it may be lawfull290 for the Governr

291to give leave to any Mariner, or any other perƒon, that ƒhall have any ƒuche neceƒƒary comodity wanting to the Magazin292 to carrie home for England so muche293 Tobacco or other naturall comodities of the Country as his Customers ƒhall pay him for the ƒaid neceƒƒary commdity or comodities. And to the ende we may not only persuade and incite men, but inforce them alƒo thoroughly and loyally to aire their Tobacco before they bring it to the Magazine,294 be it enacted, and by these presents we doe enacte, that if upon the Judgement of power sufficient even of any incorporation where the Magazine295 reƒide, (having first taken their oaths to give true ƒentence, twoe whereof to be choƒen by the Cape Marchant and twoe by the Incorporation,) any Tobacco whatƒoever ƒhall not proove296 vendible at the ƒecond price, that it ƒhall there imediately be burnt before the owner’s face. Hitherto ƒuche lawes as were drawen out of the Instructions.

TUESDAY, Aug. 3,297 1619.

This morning a thirde298 ƒorte of lawes (ƒuche as might proceed out of every man’s private conceipt299) were read and referred by halves to the ƒame comitties300 wch were from the beginning.

This done, Captaine301 William Powell preƒented to the Aƒƒembly a petition to have juƒtice againƒt a lewde302 and trecherous servante of his who by falƒe

286 magazine, McDonald.287 buy, McDonald.288 magazine, McDonald.289 lastly, McDonald.290 lawful, McDonald.291 Governour, McDonald and Bancroft.292 As this word is ƒpelt by McDonald in every inƒtance with the final e this note will not be repeated. 293 much, McDonald.294 Magazin, Bancroft. 295 do., do.296 prove, Bancroft.297 3rd, Bancroft.298 third, Bancroft.299 conceipte, McDonald and Bancroft.300 comitties, Bancroft.301 Capt., Bancroft. 302 lewd, McDonald.

accuƒation given up in writing to the Governor303 ƒought not onely to gett304 him depoƒed from his government of James citty and utterly (according to the Proclamation) to be degraded from the place and title of Captaine, but to take his life from him also. And ƒo out of the ƒaid Petition ƒprang this order following:

Captaine William Powell preƒented a Petition to the generall305 Aƒƒembly againƒt306 one Thomas Garnett, a servant of his, not onely for extreame neglect of his buƒineƒƒ to great loƒƒ307 and prejudice of the ƒaid Captaine, and for openly and impudently abuƒing his house, in ƒight both of Maƒter and Miƒtreƒƒe, through wantonnes308 wth a woman ƒervant of theirs, a widdowe, but alƒo for falsely accuƒing him to the Governor309 both of Drunkenes &310 Thefte, and beƒides for bringing all311 his fellow ƒervants to teƒtifie312 on his side, wherein they juƒtly failled313 him. It was thought fitt by the general aƒƒembly (the Governour himƒelfe314 giving ƒentence), that he ƒhould ƒtand315 fower dayes with his eares nayled to the Pillory, viz: Wednesday, Aug. 4th, and ƒo likewiƒe Thurƒday, fryday and Satturday316 next following, and every of thoƒe fower dayes ƒhould be publiquely whipped. Now, as touching the neglecte of his worke, what ƒatisfaction ought to be made to his Mr for that is referred to the Governour and Counƒell of Eƒtate.

The ƒame morning the lawes abovewritten, drawen out of the inƒtructions, were read, and one by one thoroughly examined, and then paƒƒed once again317 the general318 conƒente of the whole Aƒƒembly.

This afternoon the committies brought in a reporte, what they had done as concerning the third ƒorte of lawes, the diƒcuƒƒing whreof ƒpente the reƒidue of that daye. Excepte onely the conƒideration of a petition of Mr John Rolfes againƒte Captaine John Martine319 for writing a letter to him wherein (as Mr Rolfe alledgeth)

303 Governour, McDonald and Bancroft.304 get, McDonald.305 General, McDonald.306 agst, McDonald.307 loƒƒe, Bancroft. 308 wantonnes, McDonald; wantonneƒs, Bancroft..309 Governour, McDonald and Bancroft.310 McDonald omits the &; Bancroft, nor and.311 McDonald omits the all.312 certifie, Bancroft.313 failed, McDonald, Bancroft.314 himƒelf, McDonald.315 ƒtande, McDonald, Bancroft.316 Saturday, Bancroft.317 againe, McDonald, Bancroft.318 generall, McDonald, Bancroft.319 Martin, McDonald.

he taxeth him both unƒeemly320 and amiƒƒe of certaine thinges321 wherein he was never faulty, and beƒides, caƒteth ƒome aƒperƒion upon the preƒent government, wch is the moƒt temperate and juƒte322 that ever was in this country, too milde, indeed, for many of323 this Colony, whom unwonted324 liberty hath made inƒolente and not to knowe325 themƒelves. This Petition of Mr Rolfes’ was thought fitt to be referred to the Counƒell of State.

WEDENSDAY, Aug. 4th.

This daye (by reaƒon of extream heat, both paƒte and likely to enƒue, and by that meanes of the alteration of the healthes of diverƒe of the general Aƒƒembly) the Governour, who326 himƒelfe alƒo327 was not well, reƒolved ƒhould be the laƒt of this firƒt ƒeƒƒion; ƒo in the morning the Speaker (as he was required by the Aƒƒembly) redd over all the lawes and orders that had formerly paƒƒed the houƒe, to give the ƒame yett one reviewe328 more, and to ƒee whether there were any thing to be amended or that might be excepted againƒte. This being done, the third ƒorte of lawes wch I am nowe coming329 to ƒett downe, were read over throughly330 diƒcuƒƒed, wch, together wth the former, did now paƒƒe the laƒte and finall conƒente of the General331 Aƒƒembly.

A third ƒorte of lawes, ƒuche as may332 iƒƒue out of every man’s private333 conceipte.

It ƒhalbe free for every man to trade wth the Indians, ƒervants onely excepted, upon paine of whilpping, unleƒs the Mr will334 redeeme it off wth the payment of an Angell, one-fourth parte whereofe to go335 to the Provoƒt Marƒhall, one fourth parte to the diƒcoverer, and the other moyty to the publique uƒes of the Incorporation.336

320 unƒeemingly, Bancroft.321 things, McDonald, Bancroft. 322 juƒt, McDonald.323 in, McDonald.324 unwonted, McDonald.325 know, McDonald.326 who, omitted by McDonald. 327 who, inƒerted by McDonald.328 review, McDonald.329 cominge, McDonald.330 thoroughly, McDonald.331 generall, McDonald.332 maye, Bancroft.333 privat, McDonald, Bancroft.334 will, omitted by McDonald.335 goe, McDonald.336 where he dwelleth, added in McDonald copy.

That no man doe337 ƒell or give any of the greatter howes to the Indians, or any Engliƒhe338 dog of quality, as a maƒtive,339 greyhound, bloodhounde, lande or water ƒpaniel, or any other dog or bitche whatƒoever, of the Engliƒhe race, upon paine of forfaiting 5s340 sterling to the pbulique uƒes of the Incorporation where he dwelleth.

That no man do ƒell or give any Indians any piece ƒhott or poulder, or any other armes, offenƒive or defenƒive, upon paine of being held a Traytour to the Colony, and of being hanged as ƒoon as the facte341 is proved, wth out all redemption.342

That no man may go above twenty miles from his dwelling-place, nor upon any voiage whatƒoever ƒhalbe abƒsent from thence for the ƒpace of ƒeven dayes together wthout firƒt having made the Governor343 of comaunder of the ƒame place acquainted therwth,344 upon paine345 of paying twenty ƒhillinges346 to the publique uƒes of the ƒame Incorporation where the party delinquent dwelleth.

That noe man ƒhall purpoƒely goe to any Indian townes, habitations or places of reƒort347 wthout leave from the Governor348 or comaunder349 of that place where he liveth, upon paine of paying 40s to publique uƒes as aforeƒsaid.

That no man living in this Colony, but ƒhall between this and the firƒt of January nexte enƒuing come or ƒende to the Secretary of Eƒtate350 to enter his own and all his ƒervants’ names, and for what terme or upon what conditions they are to ƒerve, upon penalty of paying 40s to the ƒaid Secretary of Eƒtate.351 Alƒo, whatƒoever Mrs or people doe352 come over to this plantation that within353 one month of their arrivall (notice being firƒt given them of this very lawe) they ƒhall likewiƒe reƒorte to the Secretary of Eƒtate354 and ƒhall certifie him upon what termes or conditions they be come hither, to the ende that he may recorde their grauntes and comiƒƒions, and for how long time and upon what conditions355 their

337 do, McDonald, Bancroft.338 Engliƒh, McDonald.339 maƒtiffe, McDonald.340 5b, McDonald; £5, Bancroft.341 Fact, McDonald.342 In the McDonald copy this and the paragraph next preceding are transposed.343 Governour, McDonald, Bancroft.344 therewith, McDonald, Bancroft.345 penalty, McDonald.346 ƒhillings, Bancroft.347 reƒorte, McDonald, Bancroft.348 Governr, McDonald; Governour, Bancroft.349 comander, McDonald; comandr, Bancroft.350 State, McDonald.351 State, McDonald.352 do., Bancroft.353 wthin, McDonald.354 State, McDonald.

ƒervants (in caƒe they have any) are to ƒerve them, and that upon paine of the penalty nexte above mentioned.

All Miniƒters in the Colony ƒhall once a year, namely, in the moneth of Marche, bring to the Secreatry of Eƒtate a true account of all Chriƒiengins, burials and marriages, upon paine, if they faill, to be cenƒured for their negligence by the Governor356 and Counƒell357 of Eƒtate; likewiƒe, where there be no miniƒters, that the comanders of the place doe ƒupply the ƒame duty.

No man, wthout leave of the Governor, ƒhall kill any Neatt cattle whatƒoever, young or olde, eƒpecially kine, Heyfurs or cow-calvees, and ƒhalbe358 carefull to preserve their ƒteeres359 and oxen, and to bring them to the plough and ƒuch profitable uƒes, and wthout having obtained leave as aforeƒaid, ƒhall not kill them, upon penalty of forfaiting the value of the beaƒt ƒo killed.

Whoƒoever ƒhall take any of his neighbours’ boates, oares, or canoas wthout leave from the owner ƒhalbe held360 and eƒteemed as a felon and ƒo proceeded againƒte;361 tho362 hee that ƒhall take away by violence or ƒtelth any canoas or other thinges from the Indians ƒhall make valuable reƒtitution to the ƒaid Indians, and ƒhall forƒaict, if he be a freeholder, five pound; if a ƒervant, 40s, or endure a whipping; and anything under the value of 13d363 ƒhall be accounted Petty larceny.

All miniƒters ƒhall duely read divine ƒervice, and exercise their miniƒterial function according to the Eccleƒiaƒtical lawes and orders of the churche364 of Englande, and every Sunday in the afternoon365 ƒhall Catechize ƒuche as are not yet ripe to come to the Com.366 And whoƒoever of them ƒhalbe367 found negligent or futy in this kinde ƒhalbe ƒubject to the cenƒure of the Governr and Counƒell of Eƒtate.

The Miniƒters and Churchwardens ƒhall ƒeeke to preƒente368 all ungodly diƒorders, the comitters wherofe369 if, upon goode370 admonitions and milde

355 In the McDonald copy, from the word conditions, in the third line above, to this point are omitted.356 Governour, McDonald, Bancroft.357 Councill, McDonald.358 ƒhell be, McDonald, Bancroft.359 steers, McDonald.360 helde, McDonald, Bancroft.361 againƒt, McDonald, Bancroft. 362 alƒo McDonald, Bancroft.363 13 ob., McDonald.364 Church, McDonald.365 afternoone, McDonald.366 comunion, McDonald, Bancroft.367 ƒhall be, McDonald.368 prevente, McDonald.369 whereof, McDonald, Bancroft.370 good, McDonald, Bancroft.

reprooff,371 they will not forbeare the ƒaid ƒkandalous offenƒes,372 as ƒuƒpicions of whordomes,373 diƒhoneƒt company keeping with weomen and ƒuche374 like, they are to be preƒented and puniƒhed accordingly.

If any perƒon after two warnings, doe375 not amende376 his or her life in point377 of evident ƒuƒpicion of Incontincy378 or of the comiƒƒion379 of any other enormous ƒinnes,380 that then he or ƒhee be preƒented by the Churchwardens and ƒuƒpended for a time from the churche by th miniƒter. In wch Interim if the ƒame perƒon do381 not amende and humbly ƒubmit382 him or herƒelfe to the churche, he is then fully to be excomunicate and ƒoon after a writt or warrant to be ƒent383 from the Governr384 for the apprehending of his perƒon ande ƒeizing on385 all his goods. Provided alwayes, that all the miniƒters doe meet386 once a quarter, namely, at the feaƒt of St Michael the Arkangell, of the nativity of our ƒaviour, of the Annuntiation of the bleƒƒed Virgine, and about midƒomer, at387 James citty or any other place where the Governor388 ƒhall reƒide, to determine whom it is fitt to excomunicate, and that they firƒt preƒente their opinion to the Governor389 ere they proceed to the acte of excomunication.

For reformation of ƒwearing, every freeman and Mr of a family after thriƒe admonition ƒhall give 5s or the value upon preƒent390 demaunde, to the uƒe of the church where he dwelleth; and every ƒervant after the like admonition, excepte his Mr diƒchardge391 the fine, ƒhalbe ƒubject to whipping. Provided, that the payment of the fine notwthƒtanding, the ƒaid ƒervant ƒhall acknowledge his faulte publiquely in the Churche.

No man whatƒoever, coming by water from above, as from Henrico, Charles citty, or any place from the weƒtwarde of James citty, and being bound for

371 reproofe, McDonald.372 offences, McDonald.373 whoredoms, McDonald.374 ƒuch, McDonald.375 do., Bancroft.376 amend, Bancroft.377 pointe, McDonald.378 Incontinencey, McDonald, Bancroft.379 commiƒƒion, McDonald.380 ƒuines, Bancroft..381 doe, McDonald.382 ƒubmitt, McDonald, Bancroft.383 ƒente, McDonald, Bancroft.384 Governour, Bancroft.385 McDonald omits on.386 meete, McDonald.387 att., McDonald.388 Governr, McDonald; Governour, Bancroft.389 Governour, McDonald, Bancroft.390 preƒente, McDonald.391 diƒcharge, McDonald.

Kiccowtan,392 or any other parte of this ƒide,393 the ƒame ƒhall preƒume to paƒs by, either by day or by night, wthout touching firƒte here at James citty to knowe394 whether the Governor395 will comande him any ƒervice. And the like ƒhall they performe that come from Kicawtan396 ward, or from any place between this and that, to go upwarde, upon paine of forfaiting ten pound ƒterling a time to the Governr.397 Provided, that if a ƒervant having had inƒtructions from his Maƒter to obƒerve this lawe,398 doe, notwthƒtanding, tranƒgreƒƒe the ƒames, that then the ƒaid399 ƒervant ƒhalbe puniƒhed at the Governr’s diƒcretion; otherwiƒe, that the maƒter himƒelfe ƒhall undergo the foreƒaid penalty.

No man ƒhall trade400 into the baye, either in ƒhallop, pinnace, or ƒhip, wthout the Governr’s401 licenƒe, and wthout putting in ƒecurity that neither himƒelf nor his Company ƒhall force or wrong the Indians, upon paine that, doing otherwiƒe, they ƒhalbe cenƒured at their returne by the Governor402 and Counƒell403 of Eƒtate.

All perƒons whatƒoever upon the Sabaoth daye404 ƒhall frequnte divine ƒervice and ƒermons both forenoon and afternoon, and all ƒuche as beare armes ƒhall bring405 their pieces, ƒwordes, poulder and ƒhotte. And every one that ƒhall tranƒgreƒƒe this lawe ƒhall forƒaicte406 three ƒhillinges407 a time to the uƒe of the churche, all lawful and neceƒƒary impediments excepted. But if a ƒervant in this caƒe ƒhall wilfully neglecte his Mr’s comande he ƒhall ƒuffer bodily puniƒhmente.

No maide or woman ƒervant, either no reƒident in the Colonie or hereafter to come, ƒhall contract herƒelfe in marriage wthout either the conƒente of her parents, or of her Mr or Mris, or of the magiƒtrat408 and miniƒter of the place both together. And whatƒoever miniƒter ƒhall marry or contracte any ƒuche perƒons wthout ƒome of the foreƒaid conƒentes ƒhalbe409 ƒubjecte to the ƒevere cenƒure of the Governr410 and Counƒell411 of Eƒtate.

392 Kicowtan, Bancroft.393 of, inƒerted by McDonald.394 know, McDonald.395 Governour, McDonald, Bancroft.396 Kiccowtan, McDonald, Bancroft.397 Governor, McDonald, Bancroft.398 McDonald reads, obƒerve his ƒervice.399 sd, McDonald.400 ƒhall have trade, Bancroft.401 Governour’s, McDonald, Bancroft.402 Governour, McDonald; Govr, Bancroft.403 Councell, McDonald.404 days, McDonald.405 bringe, McDonald.406 forƒaict, Bancroft.407 ƒhillings, Bancroft.408 magistrate, McDonald.409 ƒhall be, McDonald, Bancroft.410 Governr, McDonald; Govr, Bancroft.411 Council, McDonald.

Be it enacted by this412 preƒent aƒƒembly that whatƒoever ƒervant hath heretofore or ƒhall hereafter contracte himƒelfe in England, either by way of Indenture or otherwiƒe, to ƒerve any Maƒter here in Virginia and ƒhall afterward, againƒt413 his ƒaid former contracte, depart from his Mr wthout leave, or, being once imbarked, ƒhall abandon th ƒhip he is appointed to come in, and ƒo, being lefte behind, ƒhall putt414 himƒelfe into the ƒervice of any other man that will bring him hither, that then at the ƒame ƒervant’s arrival here, he ƒhall firƒt ƒerve out his time with that Mr that brought him hither and afterward alƒo ƒhall ƒerve out his time415 wth his former Mr according to his covenant.

Here ende the lawes.

All theƒe lawes being thus concluded and conƒented to as aforeƒaide416 Captaine Henry Spellman417 was called to the barre to anƒwere to certaine miƒdemeanors layde to his chardge by Robert Poole, interpretour, upon his oath (whoƒe examination the Governor ƒente into England in the Proƒperus), of wch accuƒations of Poole ƒome he acknowledged for true, but the greatteƒt418 part he denyed. Whereupon the General419 Aƒƒembly, having throughly heard and conƒidered his ƒpeaches, did conƒtitue this order following againƒt him:

AUG. 4th, 1619.

This day Captaine Henry Spelman420 was convented before the General Aƒƒembly and was examined by a relation upon oath of one Robert Poole, Interpreter, what conference had paƒƒed between the ƒsaid Spelman421and Opochancano at Poole’s meeting with him in Opochancano’s courte. Poole chardgeth him he ƒpake very unreverently and maliciouƒly againƒt422 this preƒent Governr,423 wherby the honour and dignity of his place and perƒon, and ƒo of the whole Colonie, might be brought into contempt, by wch meanes what miƒchiefs might enƒue from the Indians by diƒturbance of the peace or otherwiƒe, may eaƒily be conjectured. Some thinges of this relation Spelman confeƒƒed, but the moƒt parte he denyed, excepte onely one matter of importance, & that was that he hade

412 the, McDonald.413 agst, McDonald.414 put, McDonald, Bancroft.415 McDonald omits the words, with that Mr that brought him hither and afterwards alƒo ƒhall ƒrve out his time.416 Aforeƒaid, Bancroft.417 Spelman, NcDonald.418 greatest, McDonald.419 genl, Bancroft.420 Spellman, Bancroft.421 Spellman, Bancroft.422 agst, McDonald.423 Governour, Bancroft.

informed Opochancano that wthin a yeare there would come a Governor424 greatter then425 this that nowe is in place. By wch and by other reportes it ƒeemeth he hath alienated the minde of Opochancano from this preƒent Governour, and brought him in much diƒeƒteem, both wth Opochancano426 and the Indians, and the whole Colony in danger of their ƒlippery diƒignes.

The general aƒƒembly upon Poole’s teƒtimony onely not willing to putt Spelman to the rigour and extremity of the lawe, wch might, perhaps both ƒpeedily and deƒervedy, have taken his life from him (upon the witneƒs427 of one whome he muche excepted againƒt) were pleaƒed, for the preƒent, to cenƒure him rather out of that his confeƒƒion above written then428 out of any other prooffe. Several and ƒharpe puniƒhments were pronounced againƒt429 him by diverƒe of the Aƒƒembly, But in fine the whole courƒe430 by voices united did encline to the moƒt favourable, wch was that for this miƒdemeanour431 he ƒhould firƒt be degraded of his title of Captaine,432 at the head of the troupe, and ƒhould be condemned to performe ƒeven yeares ƒervice to the Colony in the nature of Interpreter to the Governour.

This ƒentence being read to Spelman he, as one that had in him more of the Savage then of the Chriƒtian, muttered certaine wordes to himƒelfe neither ƒhewing any remorƒe ofr his offences, nor yet any thankfulneƒs to the Aƒƒembly for theire ƒofavourable cenƒure, wch he at one time or another (God’s grace not wholly abandoning him) might wth ƒome one ƒervice have been able to have redeemed.433

This day alƒo did the Inhabitants of Paƒpaheigh, alias Argall’s towne, preƒent a petition to the general aƒƒembly to give them an abƒolute dischardge from certaine bondes wherin they ƒtand bound to Captain Samuell Argall for the paymt of 600G,434 and to Capttain William Powell, at Captaine Argall’s appointment, for the paymt of 50G435 more. To Captaine Argall for 15 ƒkore acres of wooddy ground, called by the name of Argal’s436 towne or Paƒpaheigh; to Captaine Powell in reƒpect of his paines in clearing the grounde and building the houƒes, for wch Captaine437

424 Governour, McDonald, Bancroft.425 than, Bancroft. 426 Opochancanos, McDonald.427 witnes, McDonald, Bancroft.428 than, Bancroft.429 agst, McDonald.430 courte, McDonald, Bancroft.431 miƒdemeanor, McDonald; miƒdemeanr, Bancroft.432 Capt., McDonald.433 This paragraph appears only in the McDonald copy, and in that it has two rows of lines at right angles to each other and diagonally across it, as if to indicate that this portion of the record was considered as being improperly made or, perhaps, was not official.434 600Li, McDonald; £60, Bancroft.435 50li, McDonald; £50, Bancroft.436 Argall’s, McDonald.437 Capt., Bancroft.

Argal ought to have given him ƒatisfaction. Nowe, 438 the general aƒƒembly being doubtful whether they have any power and authority to diƒchardge the ƒaid bondes, doe by theƒe preƒents439 (at the Inƒtance of the ƒaid Inhabitants440 of Paƒpaheighs, alias Martin’s hundred people) become moƒt humble ƒutours to the Treƒurer, Counƒell and Company in England that they wilbe441 pleaƒed to gett the ƒaid bondes for 600G442 to be cancelled; forasmuche as in their great comiƒƒion they have expreƒƒly and by name appointd that place of Paƒpaheigh for parte of the Governor’s443 lande. And wheras Captain444 William Powell is payde445 his 50G wch Captaine446 Argall enjoined the ƒaide Inhabitantes to preƒente him with, as parte447 of the bargaine, the general aƒƒembly, at their intreaty, do become ƒutours on their behalf, that Captaine Argall, by the Counƒell & Company in England, may be compelled either to reƒtore the ƒaid 50G448 from thence, or elƒe that reƒtitution therof be made here out of the goods of the ƒaid Captaine Argall.

The laƒt acte of the General Aƒƒembly was a contribution to gratifie their officers, as followeth:449

AUG. 4th, 1619.

It is fully agreed at this generall450 Aƒƒembly that in regarde of the great451 paines and labour of the452 Speaker of this Aƒƒembly (who not onely453 firƒt formed the ƒame Aƒƒembly and to their great eaƒe & expedition reduced all matters to be treated of into a ready method, but alƒo his indiƒpoƒition notwthƒtanding wrote or dictated all orders and other expedients and is yet454 to write ƒeverall bookes for all the Generall455 Incorporations and plantations both of the great charter, and of all the lawes) and likewiƒe in reƒpecte of the dilligence of the Clerke and ƒergeant, officers thereto belonging. That every man and manƒervant of above 16 yeares of age ƒhall pay into the handes and Cuƒtody of the Burgeƒƒes of every Incorporation

438 now, McDonald.439 preƒentes, McDonald, Bancroft.440 Inhabitts, Bancroft.441 will be, McDonald, Bancroft.442 600li, McDonald; £60, Bancroft.443 Governours, McDonald, Bancroft.444 Captaine, McDonald, Bancroft.445 paide, Bancroft.446 Capt., Bancroft.447 part, Bancroft.448 50li, McDonald; £50, Bancroft.449 This paragraph is in the McDonald and Bancroft copies but not in De Jarnette’s.450 general, McDonald. 451 greate, Bancroft.452 this, McDonald.453 only, McDonald.454 yett, Bancroft.455 ƒeverall, McDonald, Bancroft.

and plantation one pound of the beƒt Tobacco, to be diƒtributed to the Speaker and likewiƒe to the Clerke and ƒargeant of the Aƒƒembly, according to their degrees and rankes, the whole bulke whereof to be delivered into the Speaker’s handes, to be divided accordingly. And in regarde456 the Provoƒt Marƒhall of Jame citty hath alƒo ƒome attendance upon the ƒaid Generall Aƒƒembly, he is alƒo to have a ƒhare out of the ƒame. And this is to begin to be gathered the 24th of February nexte.

In concluƒion, the whole Aƒƒembly comaunded457 the Speaker (as nowe he doth) to preƒent their humble excuƒe to the Treaƒurer458 Counƒell & Company in England for being conƒtrained by the intemperature of the weather and the falling ƒick of diverƒe of the Burgeƒƒes to breake up ƒo abruptly – before they had ƒo much as putt their lawes to the ingroƒƒing. This they wholly comitted to459 the fidelity of their ƒpeaker, who therin460 (his conƒcience telles him) hath done the parte461 of an honeƒt man, otherwiƒe he would be eaƒily founde462 out by the Burgeƒƒes themƒelves, who wth all expedition are to have ƒo many bookes of the ƒame lawes as there be both Incorporations and Plantations in the Colony.

In the ƒeconde place, the Aƒƒembly doth moƒt humbly crave pardon that in ƒo ƒhorte463 a ƒpace they could bring their matter to no464 more perfecton, being for the preƒent enforced to ƒende home titles rather then lawes, Propoƒitions rather then reƒolutions, Attemptes then Acchievements, hopingtheir courteƒy will accepte our poore indevour, and their wiƒedome wilbe465 ready to ƒupporte the weaknes of this little flocke.

Thirdly, the General Aƒƒembly doth humbly beƒeech466 the ƒaid Treaƒurer,467 Counƒell & Company, that albeit it belongeth to them onely to allowe or to abrogate any lawes wch we ƒhall here make,468 and that it is their right ƒo to doe,469 yet that it would please them not totake t in ill parte if theƒe lawes wch we have nowe brought to light, do paƒƒe currant470 & be of force till ƒuche time as we471 may knowe their farther pleaƒure out of Englande: for otherwiƒe this people (who

456 regard to, McDonald; regard, Bancroft.457 comanded, McDonald, Bancroft.458 Treƒurer, McDonald, Bancroft.459 in, Bancroft.460 therein, McDonald.461 part, McDonald.462 woulde eaƒily be found, McDonald; would eaƒily be founde, Bancroft.463 ƒhort, McDonald.464 no, omitted by McDonald.465 will be, McDonald, Bancroft.466 beƒeeche, McDonald.467 Treƒurer, McDonald.468 inacte, McDonald, Bancroft.469 righte ƒoe to do, McDonald; right ƒo to doe, Bancroft.470 current, Bancroft.471 wee, McDonald,

nowe at length have gotte472 the raines473 of former ƒervitude into their owne ƒwindge) would in ƒhorte time growe ƒo inƒolent, as they would ƒhake off all government, and there would be no living among them.

Their laƒt humble ƒuite is,474 that the ƒaid Counƒell & Company would be pleaƒed, so ƒoon as they ƒhall finde475 it convenient, to make good their promiƒe ƒett downe476 at the conclusion of their comiƒƒion for eƒtabliƒhing the Counƒel477 of Eƒtate & the General478 Aƒƒembly, namely, that they will give us power to allowe or diƒallowe of their orders of Courte, as his Maty479 hath given them power to allowe or to reject480 our lawes.

In ƒume Sir George Yeardley, the Governor481 prorogued the ƒaid General482 Aƒƒembly till the firƒte of Marche, which is to fall out this preƒent yeare of 1619, and in the mean ƒeaƒon diƒƒolved the ƒame.

FINIS.

I certify that the foregoing is a true andauthentic copy taken from the volume above named.

JOHN McDONAGH,Record Agent.

July 14th, 1871.---

Th McDonald copy has the following after Finis:(in Dorfo.)

1619.The proceedings of the firƒt Aƒƒembly of Virginia. July 1619.

True Copy,AUGUSTUS AUSTEN BURT.

472 got, McDonald; got, Bancroft.473 reines, McDonald; raines, Bancroft.474 suit, McDonald.475 find, McDonald.476 down, McDonald.477 Counƒell, McDonald, Bancroft.478 Generall, McDonald.479 Majeƒty, McDonald; Maty, Bancroft.480 rejecte, McDonald, Bancroft.481 Governr, McDonald; Governour, Bancroft.482 Generall, McDonald.

The above was transcribed from Colonial Records of Virginia, Richmond, VA: R. F. Walker, Superintendent Public Printing, 1874; pages i-32.

The book was digitized by the Internet Archive in 2010 with funding from University of Pittsburgh Library System. The images may be seen at:https://ia600206.us.archive.org/31/items/colonialrecordso00virg/colonialrecordso00virg.pdf