E-text prepared by Mark C. Orton, Thomas Strong,
and the Project Gutenberg Online Distributed Proofreading Team
(http://www.pgdp.net)

SENATE DOCUMENT.—(Extra.)

COLONIAL RECORDS

OF

VIRGINIA.

Baltimore
Genealogical Publishing Co.
1964

Originally Published

RICHMOND, VA:
R.F. Walker, Superintendent Public Printing.
1874.

CONTENTS.

ERRATA.

Page 13—Note 50.—For McDowell read McDonald.

Page 14.—In last line of notes insert comma after Bancroft.

Page 23.—Omit the whole of note 263.

Page 24.—Note 287, should read: committees, McDonald.

Page 35.—In second line from bottom for Stith read Smith.

Page 41 and 50.—For I, in notes, read we.

Page 61.—In Editor's Note, for Neil read Neill.

Page iii.—In Preface to Brief Declaration, lines fourteen and seventeen, for Smythe read Smith.

Page iii.—Ib., line 29, for Kieth read Keith.

Page iv.—Line twenty-one, for Forcer read Force's.

Page 89.—Preface, line eight, omit "the" before massacre.

THE PROCEEDINGS

OF THE

FIRST ASSEMBLY OF VIRGINIA,

Held July 30th, 1619.

[Pg iii]

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 to England 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 The volumes of manuscripts contained, upon an average, 425 pages each, and were filled with valuable historical documents, of many of which no copies had ever been seen on this continent since the originals were sent from the Colony of Virginia.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 capital 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 that 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, and many 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[Pg iv] arranged chronologically, and an index made by which they could be referred to. Farther, W. Noel Sainsbury, Esq., one of the officers of what is now called the Public Record Office, had published a calendar of all the 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 report 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 as 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 on the Library have assumed the responsibility and herewith submit this instalment 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.[Pg v]

Trusting that this instalment 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,

[Pg vi]

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 how 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 ruinated 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."[A]

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."[B] 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 Gov^r and Counsell w^th 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 subsistance."[C]

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 were absente, as also for the election of Burgesses;"[D] and on Friday, the 30th day of July, 1619, the first elective legislative body of this continent assembled at James City.[Pg vii]

In the relation of Master John Rolfe, inserted by Captain John Smith in his History of Virginia,[E] there is this meagre 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.[F]

The careful Stith, whose work is not to be corrected without a hearty recognition of his superior diligence and exemplary fidelity, gives an account[G] 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 you in this worlde all increase of happines, and to crowne you in the worlde to come w^th immortall glorye."[H]

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,[I] 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."[5] the document is in the form of "a reporte" from the Speaker; and is[Pg viii] more fall 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.[6] This first American 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 also 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 ministers 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 framed 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.

[Pg 9]

Colonial Records of Virginia.

STATE PAPERS.

COLONIAL. Vol. I.—No. 45.

[July 30, 1619.][J]

First. Sir George Yeardley, Knight Governo^r & Captaine general of Virginia, having sente his sumons all over the Country, as well to invite those of the Counsell of Estate that were absente as also for the election of Burgesses, there were chosen and appeared

For James citty
Captaine William Powell,
Ensigne William Spense.

For Charles citty
Samuel Sharpe,
Samuel Jordan.

For the citty of Henricus
Thomas Dowse,
John Polentine.

For Kiccowtan [Pg 10]
Captaine William Tucker,
William Capp.

For Martin Brandon—Capt. John Martin's Pla'tation
M^r Thomas Davis,
M^r Robert Stacy.

For Smythe's hundred
Captain Thomas Graves,
M^r Walter Shelley.

For Martin's hundred
M^r John Boys,[7]
John Jackson.

For Argall's guiffe[8]
M^r Pawlett,
M^r Gourgaing.[9]

For Flowerdieu hundred
Ensigne[10] Rossingham,
M^r Jefferson.

For Captain Lawne's plantation
Captain Christopher Lawne,
Ensigne[11] Washer.

For Captaine Warde's plantation
Captaine Warde,
Lieutenant Gibbes.

The most convenient place we could finde to sitt in was the Quire of the Churche Where Sir George Yeardley, the Governour, being sett downe in his accustomed place, those of the Counsel of Estate sate nexte him on both handes, excepte onely the Secretary then appointed Speaker, who sate right before him, John Twine, clerke[12] of the General assembly, being placed nexte the Speaker, and Thomas Pierse, the Sergeant, standing at the barre, to be ready for any service the Assembly shoulde comaund[13] him. But forasmuche as men's affaires doe little prosper where God's service is neglected, all the Burgesses tooke their places in the Quire till a prayer was said by Mr. Bucke, the Minister, that it would please God to guide and sanctifie all our proceedings[14] to his owne glory and the good of this Plantation. Prayer being ended, to the intente that as we[15] had begun at God Almighty, so we[16] might proceed w^th awful and due respecte towards the Lieutenant, our most gratious and dread Soveraigne, all the Burgesses were intreatted to [Pg 11]retyre themselves into the body of the Churche, w^ch being done, before they were fully admitted, they were called in order and by name, and so every man (none staggering at it) tooke the oathe of Supremacy, and then entred[17] the Assembly. At Captaine Warde the Speaker tooke exception, as at one that without any Comission or authority had seatted himselfe either upon the Companies, and then his Plantation would not be lawfull, or on Captain Martin's lande, and so[18] he was but a limbe or member of him, and there could be but two Burgesses for all. So Captaine Warde was comanded to absente himselfe till such time as the Assembly had agreed what was fitt for him to doe. After muche debate, they resolved on this order following:

At the reading of the names of the Burgesses, Exception was taken against Captaine Warde as having planted here in Virginia without any authority or comission from the Tresurer, Counsell and Company in Englande. But considering he had bene at so great chardge and paines to augmente this Colony, and had adventured his owne person in the action, and since that time had brought home a good[20] quantity of fishe, to relieve the Colony by waye of trade, and above all, because the Comission for authorising the General Assembly admitteth of two Burgesses out of every plantation w^thout restrainte or exception. Upon all these considerations, the Assembly was contented to admitt of him and his Lieutenant (as members of their body and Burgesses) into their society. Provided, that the said Captaine Warde, w^th all expedition, that is to saye between this and the nexte general assembly (all lawful impediments excepted), should procure from the Tresurer,[21] Counsell and Company in England a comission lawfully to establish[22] and plant himselfe and his Company as the Chieffs[23] of other Plantations have done. And in case he doe neglect this he is to stande to the censure of the nexte generall assembly. To this Captaine Warde, in the presence of us all, having given his consente and undertaken to performe the same, was, together w^th his Lieutenant, by voices of the whole Assembly first admitted to take the oath of Supremacy, and then to make up their number and to sitt amongst them.

This being done, the Governour himselfe alledged that before we proceeded any further it behooved us to examine whither it were fitt, that Captaine Martin's Burgesses shoulde[24] have any place in the Assembly, forasmuche as he hath a clause in his Patente w^ch doth not onely exempte him from that equality and uniformity of lawes and[Pg 12] orders w^er[25] the great charter faith are to extende[26] over the whole Colony, but also from diverse such lawes as we must be enforced[27] to make in the General Assembly. That clause is as followeth: Item. That it shall and may be lawfull to and for the said Captain John Martin, his heyers, executours and assignes to governe and comaunde all suche[28] person or persons as at this time he shall carry over with him, or that shalbe[29] sente him hereafter, free from any comaunde of the Colony, excepte it be in ayding and assisting the same against[30] any forren or domestical enemy.

Upon the[31] motion of the Governour, discussed the same time in the assembly, ensued this order following:

After all the Burgesses had taken the oath of Supremacy and were admitted into the house, and all sett downe in their places, a Copie of Captain[33] Martin's Patent[34] was produced by the Govern^or[35] out of a Clause whereof it appeared that when the general[36] assembly had made some kinde of lawes requisite for the whole Colony, he and his Burgesses and people might deride the whole company and chuse whether they would obay[37] the same or no.[M] It was therefore ordered in Courte that the foresaid two Burgesses should w^thdrawe themselves out of the assembly till suche time as Captaine Martin had made his personall 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 therunto woulde submitte himselfe to the general forme of governemente as all others did, that then his Burgesses should be readmitted, otherwise they were utterly to be excluded as being spies rather than[43] loyal Burgesses, because they had offered themselves to be assistant at the making of[44] lawes w^ch both themselves and those whom they represented might chuse whether they would obaye[45] or not.

Then came there in a complainte against Captain[46] Martin, that having sente his Shallop to trade for corne into the baye, under the commaunde of one Ensigne Harrison, the saide Ensigne should affirme to one Thomas Davis, of Paspaheighe,[47] Gent. (as the said Thomas Davis deposed upon oathe,) that they had made a harde voiage, had[Pg 13] they not mett w^th a Canoa coming out of a creeke where their shallop could not goe. For the Indians refusing to sell their Corne, those of the shallop entered the Canoa w^th their armes and tooke it by force, measuring out the corne w^th a baskett they had into the Shallop and (as the said Ensigne Harrison saith) giving them satisfaction in copper beades[48] and other trucking stuffe.

Hitherto Mr. Davys upon his oath.

Furthermore it was signified from Opochancano to the Governour that those people had complained to him to procure them justice.[49] For w^ch considerations and because suche[50] outrages as this might breede danger and loss[51] of life to others of the Colony w^ch should have leave to trade in the baye hereafter, and for prevention of the like violences against the Indians in time to come, this order following was agreed on by the general assembly:

A second order against Captain Martin, at James citty, July 30, 1619.

It was also ordered by the Assembly the same daye that in case Captaine Martin and the ging of his shallop would[52] not throughly answere an accusation of an outrage comitted against a certaine Canoa of Indians in the baye, that then it was thought reason (his Patent,[53] notw^thstanding the authority whereof, he had in that case abused) he shoulde[54] from henceforth take leave of the Governour[55] as other men, and should putt[56] in security, that his people shall comitte no such[57] outrage any more.

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

By the Governo^r[58] and general assembly of Virginia.

These obstacles removed, the Speaker, who a long time had bene[Pg 14] extreame sickly, and therefore not able to passe through long harangues, delivered in briefe to the whole assembly the occasions of their meeting. Which[62] done, he read unto them the comission for establishing the Counsell of Estate and the general[63] Assembly, wherein their duties were described to the life.

Having thus prepared them, he read over unto them the greate Charter, or comission of priviledges, orders and lawes, sent by Sir George Yeardley out of Englande.[64] Which[65] for the more ease of the Committies, having divided into fower books, he read the former two the same forenoon for expeditious[66] sake, a second time over, and so they were referred to the perusall of twoe Comitties, w^ch did reciprocally consider of either, and accordingly brought in their opinions. But some man may here objecte to what ende we should presume to referre that to the examination of Comitties w^ch the Counsell and Company in England[67] had already resolved to be perfect, and did expecte nothing[68] but our assente thereunto?[69] To this we answere, that we did it not to the ende to correcte or controll anything therein contained, but onely in case we should finde ought not perfectly squaring w^th the state of this Colony or any lawe w^ch did presse or binde too harde, that we might by waye of humble petition, seeke to have it redressed, especially because this great Charter is to binde us and our heyers for ever.

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

The names of the Comitties for perusing the second booke:

These Comitties thus appointed, we brake up the first forenoon's assembly.

After dinner the Governo^r and those that were not of the Comitties[70] sate a seconde time, while the said Comitties[71] were employed in[Pg 15] the perusall of those twoe bookes. And whereas the Speaker had propounded fower severall objects for the Assembly to confider on: namely, first, the great charter of orders, lawes and priviledges; Secondly, which of the instructions given by the Counsel in England to my lo: la: warre,[72] Captain Argall or Sir George Yeardley, might conveniently putt on the habite of lawes; Thirdly, what lawes might issue out of the private conceipte of any of the Burgesses, or any other of the Colony; and lastly, what petitions were[73] fitt to be sente home for England. It pleased the Governou^r[74] for expedition[75] sake to have the second objecte[76] of the fower to be examined & prepared by himselfe and the Non-Comitties. Wherin after having spente some three howers'[77] conference, the twoe Committies[78] brought in their opinions concerning the twoe former bookes, (the second of which beginneth at these wordes of the Charter: And forasmuche as our intente is to establish one equall and uniforme kinde of government over all Virginia &c.,)[79] w^ch the whole Assembly, because it was late, deferred to treatt[80] of till the next morning.

Satturday, July 31.

The nexte daye, therefore, out of the opinions of the said Comitties,[81] it was agreed, these[82] Petitions ensuing should be framed, to be presented to the Treasurer, Counsel & Company in England. Upon the Comitties'[83] perusall of the first booke,[84] the General[85] Assembly doe become most humble suitours to their lo^ps and to the rest of that hon^ble Counsell and renowned Company, that albeit they have bene pleased[86] to allotte unto the Governo^r[87] to themselves, together w^th the Counsell of Estate here, and[88] to the officers of Incorporations, certain lande[89] portions of lande to be layde out w^thin the limites of the same, yet that[90] they woulde vouchsafe also,[91] that[92] groundes as heretofore had bene granted by patent to the antient[93] Planters by former Governours that had from the Company received comission[94] so to doe, might not nowe after so muche labour and coste, and so many yeares habitation be taken from them. And to the ende that no man might doe or suffer any wrong in this kinde, that they woulde favour us so muche (if they meane to graunte this our petition) as to sende us notice, what comission or authority for graunting of landes they have given to eache[95] particular Governour in times paste.

The second petition of the General assembly framed by the Co[Pg 16]mitties[96] out of the second book is. That the Treasurer[97] & Company in England would be pleased w^th as muche convenient speed[98] as may be to sende men hither to occupie their landes belonging to the fower Incorporations, as well for their owne[99] behoofe and proffitt as for the maintenance of the Counsel[100] of Estate, who are nowe[101] to their extream hindrance often drawen far from their private busines and likewise that they will have a care to sende[102] tenants to the ministers of the fower Incorporations to manure their gleab, to the intente that the allowance they have allotted them of 200 G.[103] a yeare may the more easily be raised.

The thirde Petition humbly presented by this General Assembly to the Treasurer, Counsell & Company is, that it may plainely be expressed in the great Comission (as indeed it is not) that the antient Planters of both sortes, viz., suche as before Sir Thomas Dales' depart[104] were come hither upon their owne chardges,[105] and suche also as were brought hither upon the Companie's coste, maye have their second, third and more divisions successively in as lardge and free manner as any other Planters. Also 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 posterity, a single share a piece, and shares for their issues or[106] for themselves, because that in a newe plantation it is not knowen whether man or woman be the more necessary.

Their fourth Petition is to beseech the Treasurer, Counsell & Company that they would be pleased to appoint a Sub-Tresurer[107] here to collecte their rents,[108] to the ende that[109] the Inhabitants of this Colony be not tyed to an impossibility of paying the same yearly to the Treasurer in England, and that they would enjoine the said Sub-Treasurer not precisely 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 comodity.

The fifte Petition is to beseeche the Treasurer, Counsell & Company that, towards the erecting of the University and Colledge, they will sende, when they shall thinke[110] it most convenient, workmen of all sortes, fitt for that purpose.

The sixte and laste is, they wilbe[111] pleased to change the savage name of Kiccowtan, and to give that Incorporation a newe name.

These are the general Petitions drawen by the Comitties out of the two former bookes w^ch the whole general assembly in maner and forme above[112] sett downe doe most humbly offer up and present[113] to the honourable construction of the Treasurer, Counsell and Company in England.

These petitions thus concluded on, those twoe Comitties broughte[Pg 17] me[114] a reporte what they had observed in the two latter bookes, w^ch was nothing else but that the perfection of them was suche as that[115] they could finde nothing therein subject to exception, only the Governo^rs[116] particular opinion to my selfe in private hathe bene as touching a clause in the thirde booke, that in these doubtfull times between us and the Indians, it would beehoove[117] us not to make as[118] lardge distances between Plantation and Plantation as ten miles, but for our more strength ande security to drawe nearer together.

At the same time, there remaining no[119] farther scruple in the mindes of the Assembly touching the said great Charter of lawes, orders and priviledges, the Speaker putt the same to the question, and so it had both the general assent and the applause of the whole assembly, who, as they professed themselves in the first place most submissively thankfull to almighty god, therefore so they commaunded the Speaker to returne (as nowe he doth) their due and humble thankes to the Treasurer, Counsell and company for so many priviledges and favours as well in their owne names as in the names of the whole Colony whom they represented.

This being dispatched we fell once more[120] debating of suche instructions given by the Counsell in England to several[121] Governo^rs[122] as might be converted into lawes, the last whereof was the Establishment of the price of Tobacco, namely, of the best at 3d[123] and the second at 18d the pounde. At the reading of this the Assembly thought good to send for Mr. Abraham Persey, the Cape marchant, to publishe this instruction to him, and to demaunde[124] of him if he knewe of any impediment why it might not be admitted of? His answere[125] was that he had not as yet received any suche order from the Adventurers of the[126] —— in England. And notw^thstanding he sawe the authority was good, yet was he unwilling to yield, till suche time as the Governo^r[127] and Assembly had layd their commandment upon him, out of the authority of the foresaid Instructions as followeth:

By the General Assembly.

James citty out of the said General Assembly, July 31,[136] 1619.

At the same[137] the Instructions convertible into lawes were referred to the consideration of the above named Committies,[138] viz., the general Instructions to the first Committie[139] and the particular Instructions to the second, to be returned by them into the assembly on Munday morning.

Sunday, Aug. 1.

Mr. Shelley, one of the Burgesses, deceased.

Munday,[140] Aug. 2.

Captain John Martin (according to the sumons sent him on Fryday,[141] July 30,) made his personall appearance at the barre, whenas the Speaker having first read unto him the orders of the Assembly that concerned him, he pleaded lardgely for himself[142] to them both and indevoured[143] to answere some other thinges[144] that were objected against[145] his Patente. In fine, being demanded out of the former order whether he would quitte that clause of his Patent[146] w^ch (quite otherwise then Sir William Throckmorton's, Captain Christopher Dawnes'[147] and other men's patentes) exempteth himselffe and his people from all services of the Colonie excepte onely in case of warre against[148] a forren or domesticall enemie. His answere[149] was negative, that he would not infringe any parte[150] of his Patente. Whereupon it was resolved by the Assembly that his Burgesses should have no admittance.

To the second order his answere was affirmative, namely, that (his Patent[151] notwithstanding) whensoever he should send into the baye to trade, he would[152] be contente to putt in security to the Governour[153] for the good behaviour of his people towardes[154] the Indians.

It was at the same time further ordered by the Assembly that the Speaker, in their names, should (as he nowe doth[155]) humbly demaunde[156] of the Treasurer, Counsell[157] and Company an exposition of this one clause in Captaine[158] Martin's Patente, namely, where it is saide That he is to enjoye[159] his landes in as lardge[160] and ample manner, to all[Pg 19] intentes and[161] purposes, as any lord of any manours in England dothe holde his grounde out of w^ch some have collected that he might by the same graunte protecte men from paying their debts and from diverse other dangers of lawe. The least the Assembly can alledge against this clause is, that it is obscure, and that it is a thing impossible for us here to knowe the Prerogatives of all the manours in Englande. The Assembly therefore humbly beseeche[162] their lo^pps[163] and the rest of that hon^ble house[164] that in case they shall finde any thing in this or in any other parte of his graunte wherby that clause towardes the conclusion of the great charter, (viz., that all grauntes aswell of the one sorte as of the other respectively, be made w^th equall favour, & graunts[165] of like liberties & imunities[166] as neer as may be, to the ende that all complainte[167] of partiality and indifferency[168] may be avoided,) might[169] in any sorte be contradicted or the uniformity and equality[170] of lawes and[171] orders extending over the whole Colony might be impeached, That they would be pleased to remove any such hindrance as may diverte out of the true course the free and[172] publique current of Justice.

Upon the same grounde and[173] reason their l^ops, together with the rest of the Counsell[174] and Company, are humbly besought[175] by this general[176] assembly that if in that other clause w^ch exempteth Captaine[177] Martin and his people from all services of the Colony &c., they shall finde any resistance against[178] that equality and[179] uniformity of lawes and orders intended nowe by them to be established over the whole Colony, that they would be pleased to reforme it.

In fine, wheras[180] Captaine[181] Martin, for those ten shares allowed him for his personal[182] adventure and[183] for his adventure of £70 besides, doth claim 500 acres a share, that the Treasurer, Counsell and Company woulde vouchsafe to give notice to the Governour[184] here, what kinde[185] of shares they meante he should have when they gave him his Patent.[186]

The premisses about Captaine Martin thus resolved, the Committies[187] appointed to consider what instructions are fitt to be converted into lawes, brought in their opinions, and[188] first of some of the general[189] instructions.

[Pg 20]

By this present Generall Assembly be it enacted, that no[191] injury or oppression be wrought by the Englishe[192] against[193] the Indians whereby the present peace might be disturbed and antient quarrells might be revived. And farther[194] be it ordained, that the Chicohomini are not to be excepted out of this lawe; untill either that suche[195] order come out of Englande, or that they doe provoke us by some newe injury.

Against Idlenes, Gaming, durunkenes & excesse in apparell the Assembly hath enacted as followeth:

First, in detestation of Idlenes[196] be it enacted, that if any men be founde to live as an Idler or renagate, though a freedman, it shalbe[197] lawfull for that Incorporation or Plantation to w^ch he belongeth to appoint him a M^r to serve for wages, till he shewe apparant signes of amendment.

Against gaming at dice[198] & Cardes be it ordained by this present assembly that the winner or winners shall lose all his or their winninges and[199] both winners and loosers shall forfaicte[200] ten shillings a man, one ten shillings whereof to go to the discoverer, and the rest to charitable & pious uses in the Incorporation where the faulte[201] is comitted.

Against drunkenness be it also decreed that if any private person be found culpable thereof, for the first time he is to be reprooved privately by the Minister, the second time publiquely, the thirde time to lye in boltes 12 howers in the house of the Provost Marshall & to paye his fee,[202] and if he still continue in that vice, to undergo suche severe punishment as the Governo^r[203] and Counsell of Estate shall thinke fitt to be inflicted on him. But if any officer offende in this crime, the first time he shall receive a reprooff from the Governour, the second time he shall openly be reprooved in the churche by the minister, and the third time he shall first be comitted and then degraded. Provided it be understood that the Govern^r[204] hath alwayes[205] power to restore him when he shall, in his discretion thinke fitte.

Against excesse in[206] apparell that every man be cessed in the churche for all publique contributions, if he be unmarried according to his owne apparrell, if he be married, according to his owne and his wives, or either of their apparell.

As touching the instruction[207] of drawing some of the better disposed of the Indians to converse w^th our people & to live and labour amongst[208] them, the Assembly who knowe[209] well their dispositions thinke it fitte to enjoine,[210] least to counsell those of the Colony, neither utterly to rejecte them nor yet to drawe them to come in. But in case[Pg 21] they will of themselves come voluntarily to places well peopled, there to doe service in killing of Deere, fishing, beatting of Corne and other workes, that then five or six may be admitted into every such place, and no more, and that w^th the consente[211] of the Governour. Provided that good[212] guarde[213] in the night be kept upon them, for generally (though some amongst many may proove[214] good) they are a most trecherous people and quickly gone when they have done a villany. And it were fitt[215] a housewe builte for them to lodge in aparte[216] by themselves, and lone inhabitants by no meanes[217] to entertaine them.

Be it enacted by this present assembly that for laying a surer foundation of the conversion of the Indians to Christian Religion, eache towne, citty, Borrough, and particular plantation do obtaine unto themselves by just means a certaine number of the natives' children to be educated by them in true religion and civile course of life—of w^ch children the most towardly boyes in witt & graces of nature to be brought up by them in the first elements of litterature, so[218] to be fitted for the Colledge intended for them that from thence they may be sente[219] to that worke of conversion.

As touching the busines of planting corne this present Assembly doth ordaine that yeare by yeare all & every householder and householders have in store for every servant he or they shall keep, and also for his or their owne persons, whether they have any Servants or no, one spare barrell of corne, to be delivered out yearly, either upon sale or exchange as need shall require. For the neglecte[220] of w^ch duty he shalbe[221] subjecte to the censure of the Govern^r[222] and Counsell of Estate. Provided alwayes that the first yeare of every newe man this lawe shall not be of[223] force.

About the plantation of Mulbery trees, be it enacted that every man as he is seatted[224] upon his division, doe for seven yeares together, every yeare plante and maintaine in growte[225] six[226] Mulberry trees at the least,[227] and as many more as he shall thinke conveniente and as his virtue[228] & Industry shall move him to plante, and that all suche persons as shall neglecte the yearly planting and maintaining of that small proportion shalbe[229] subjecte to the censure of the Governour & the Counsell of Estate.

Be it farther[230] enacted as concerning Silke-flaxe, that those men that are upon their division or setled[231] habitation doe this next[232] yeare plante & dresse 100 plantes, w^ch being founde a comedity,[233] may farther be increased. And whosoever do faill in the performance of this shalbe[234] subject to this punishment of the Governour[235] & Counsell of Estate.

[Pg 22]

For hempe also both Englishe & Indian, and for Englishe[236] flax & Anniseeds, we do[237] require and enjoine all householders of this Colony that have any of those seeds[238] to make tryal thereofe the nexte season.

Moreover be it enacted by this present Assembly, that every householder 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 some Vigneron. And that upon what penalty soever the Governo^r[239] and Counsell of Estate shall thinke fitt to impose upon the neglecters of this acte.

Be it also enacted that all necessary tradesmen, or so[240] many as need shall require, suche[241] as are come over since the departure of Sir Thomas Dale, or that shall hereafter come, shall worke at their trades for any other man, each[242] one being payde according to the quality[243] of his trade and worke, to be estimated, if he shall not be contented, by the Governo^r and officers of the place where he worketh.

Be it further ordained by this General Assembly, and we doe by these presents enacte, that all contractes[244] made in England between the owners of lande and their Tenants and Servantes w^ch they shall sende[245] hither, may be caused to be duely[246] performed, and that the offenders be punished as the Governour[247] and Counsell of Estate shall thinke just and convenient.

Be it established also by this present Assembly that no crafty or advantagious means be suffered to be putt in practise for the inticing awaye the Tenants or[248] Servants of any particular plantation from the place where they are seatted. And that it shalbe[249] the duty of the Governo^r[250] & Counsell of Estate most severely to punishe both the seducers and the seduced, and to returne[251] these latter into their former places.

Be it further enacted that the orders for the Magazin[252] lately made be exactly kepte, and that the Magazin be preserved from wrong[253] and sinister practises, and that according to the orders of courte in Englande[254] all Tobacco and sassafras be brought[255] by the Planters to the Cape marchant till suche time as all the goods[256] nowe or heretofore sent for the Magazin be taken off their handes at the prices agreed on. That by this meanes[257] the some[258] going for Englande[259] with[260] one hande, the price thereof may be uphelde[261] the better. And to the ende that all the whole Colony may take notice of the last order of Courte made in Englande and all those whom it concerneth may knowe[262] howe[263] to observe it, we[264] holde it fitt to publishe it[Pg 23] here for a lawe[265] among the rest of our lawes. The w^ch[266] order is as followeth:

Upon the 26[267] of October, 1618, it was ordered that the Magazin[268] should continue during[269] the terme formerly prefixed, and that certaine[270] abuses now complained of should be reformed, and that for preventing of all Impositions save the allowance of 25 in the hundred proffitt, the Governo^r[271] shall have an invoice as well as the Cape Marchant, that if any abuse in the sale of the[272] goods be offered, wee,[273] upon Intelligence and due examination thereof, shall see it correctede. And for the incouragement[274] 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 these General[275] Colonies, it shalbe lawefull for them to returne the same to their owne adventurers. Provided that the same[276] comodity be of their owne growing, w^thout trading w^th any other, in one entyre lumpe and not dispersed, and that at the determination of the jointe stocke, the goods then remaining in the Magazin[277] shalbe[278] bought by the said particular Colonies before any other goods w^ch shall be sente by private men. And it was moreover ordered that if the lady la warre, the Lady Dale, Captain Bargrave and the rest, would unite themselves into a settled[279] Colony they might be capable of the same priviledges that are graunted to any of the foresaid hundreds. Hitherto the order.

All[280] the general Assembly by voices concluded not only the acceptance and observation of this order, but of the Instruction also to Sir George Yeardley next preceding the same. Provided first, that the Cape Marchant do[281] accepte of the Tobacco of all and everie the Planters here in Virginia, either for Goods or upon billes of Exchange at three shillings the pounde the beste, and 18d the second sorte. Provided also that the billes be only payde in Englande. Provided, in the third place, that if any other besides the Magazin[282] have at any time any necessary comodity w^ch the Magazine doth wante, it shall and may be lawfull for any of the Colony to buye[283] the said necessary comodity of the said party, but upon the termes of the Magazin[284] viz: allowing no more gaine then 25 in the hundred, and that with the leave of the Governour. Provided lastely,[285] that it may be lawfull[286] for the Govern^r[287] to give leave to any Mariner, or any other person, that shall have any suche necessary comodity wanting to the Magazin[288] to carrie home for England so muche[289] Tobacco or other naturall comodities of the Country[290] as his Customers shall pay him for the said necessary comodity or comodities. And to the ende we may not only persuade[Pg 24] and incite men, but inforce them also thoroughly and loyally to aire their Tobacco before they bring it to the Magazine,[291] be it enacted, and by these presents we doe enacte, that if upon the Judgement of power sufficient even of any incorporation where the Magazine[292] shall reside, (having first taken their oaths to give true sentence, twoe whereof to be chosen by the Cape Marchant and twoe by the Incorporation,) any Tobacco whatsoever shall not proove[293] vendible at the second price, that it shall there imediately be burnt before the owner's face. Hitherto suche lawes as were drawen out of the Instructions.

Tuesday, Aug. 3,[294] 1619.

This morning a thirde[295] sorte of lawes (suche as might proceed out of every man's private conceipt[296]) were read and referred by halves to the same comitties[297] w^ch were from the beginning.

This done, Captaine[298] William Powell presented to the Assembly a petition to have justice against a lewde[299] and trecherous servante of his who by false accusation given up in writing to the Governo^r[300] sought not onely to gett[301] him deposed from his government of James citty and utterly (according to the Proclamation) to be degraded from the place and title of a Captaine, but to take his life from him also. And so out of the said Petition sprang this order following:

Captaine William Powell presented a Petition to the generall[302] Assembly against[303] one Thomas Garnett, a servant of his, not onely for extreame neglect of his business to the great loss[304] and prejudice of the said Captaine, and for openly and impudently abusing his house, in sight both of Master and Mistresse, through wantonnes[305] w^th a woman servant of theirs, a widdowe, but also for falsely accusing him to the Governo^r[306] both of Drunkenes &[307] Thefte, and besides for bringing all[308] his fellow servants to testifie[309] on his side, wherein they justly failled[310] him. It was thought fitt by the general assembly (the Governour himselfe[311] giving sentence), that he should stand[312] fower dayes with his eares nayled to the Pillory, viz: Wednesday, Aug. 4^th, and so likewise Thursday, fryday and Satturday[313] next following, and every of those fower dayes should be publiquely whipped. Now, as touching the neglecte of his worke, what satisfaction ought to be made to his M^r for that is referred to the Governour and Counsell of Estate.

The same morning the lawes abovewritten, drawen out of the instructions, were read, and one by one thoroughly examined, and then passed once again[314] the general[315] consente of the whole Assembly.

This afternoon the committies brought in a reporte, what they had[Pg 25] done as concerning the third sorte of lawes, the discussing whereof spente the residue of that daye. Excepte onely the consideration of a petition of M^r John Rolfes againste Captaine John Martine[316] for writing a letter to him wherein (as M^r Rolfe alledgeth) he taxeth him both unseemly[317] and amisse of certaine thinges[318] wherein he was never faulty, and besides, casteth some aspersion upon the present government, w^ch is the most temperate and juste[319] that ever was in this country, too milde, indeed, for many of[320] this Colony, whom unwoonted[321] liberty hath made insolente and not to knowe[322] themselves. This Petition of M^r Rolfes' was thought fitt to be referred to the Counsell of State.

Wedensday, Aug. 4^th.

This daye (by reason of extream heat, both paste and likely to ensue, and by that meanes of the alteration of the healthes of diverse of the general Assembly) the Governour, who[323] himselfe also[324] was not well, resolved should be the last of this first session; so in the morning the Speaker (as he was required by the Assembly) redd over all the lawes and orders that had formerly passed the house, to give the same yett one reviewe[325] more, and to see whether there were any thing to be amended or that might be excepted againste. This being done, the third sorte of lawes w^ch I am nowe coming[326] to sett downe, were read over throughly[327] discussed, w^ch, together w^th the former, did now passe the laste and finall consente of the General[328] Assembly.

A third sorte of lawes, suche as may[329] issue out of every man's private[330] conceipte.

It shalbe free for every man to trade w^th the Indians, servants onely excepted, upon paine of whipping, unless the M^r will[331] redeeme it off w^th the payment of an Angell, one-fourth parte whereofe to go[332] to the Provost Marshall, one fourth parte to the discoverer, and the other moyty to the publique uses of the Incorporation.[333]

That no man doe[334] sell or give any of the greatter howes to the Indians, or any Englishe[335] dog of quality, as a mastive,[336] greyhound, bloodhounde, lande or water spaniel, or any other dog or bitche whatsoever, of the Englishe race, upon paine of forfaiting 5^s[337] sterling to the publique uses of the Incorporation where he dwelleth.

That no man do sell or give any Indians any piece shott or poulder, or any other armes, offensive or defensive, upon paine of being held a[Pg 26] Traytour to the Colony, and of being hanged as soon as the facte[338] is proved, w^thout all redemption.[339]

That no man may go above twenty miles from his dwelling-place, nor upon any voiage whatsoever shalbe absent from thence for the space of seven dayes together w^thout first having made the Governo^r[340] or comaunder of the same place acquainted therw^th,[341] upon paine[342] of paying twenty shillinges[343] to the publique uses of the same Incorporation where the party delinquent dwelleth.

That noe man shall purposely goe to any Indian townes, habitations or places of resort[344] w^thout leave from the Governo^r[345] or comaunder[346] of that place where he liveth, upon paine of paying 40^s to publique uses as aforesaid.

That no man living in this Colony, but shall between this and the first of January nexte ensuing come or sende to the Secretary of Estate[347] to enter his own and all his servants' names, and for what terme or upon what conditions they are to serve, upon penalty of paying 40^s to the said Secretary of Estate.[348] Also, whatsoever M^rs or people doe[349] come over to this plantation that within[350] one month of their arrivall (notice being first given them of this very lawe) they shall likewise resorte to the Secretary of Estate[351] and shall certifie him upon what termes or conditions they be come hither, to the ende that he may recorde their grauntes and comissions, and for how long time and upon what conditions[352] their servants (in case they have any) are to serve them, and that upon paine of the penalty nexte above mentioned.

All Ministers in the Colony shall once a year, namely, in the moneth of Marche, bring to the Secretary of Estate a true account of all Christenings, burials and marriages, upon paine, if they faill, to be censured for their negligence by the Governo^r[353] and Counsell[354] of Estate; likewise, where there be no ministers, that the comanders of the place doe supply the same duty.

No man, w^thout leave of the Governo^r, shall kill any Neatt cattle whatsoever, young or olde, especially kine, Heyfurs or cow-calves, and shalbe[355] carefull to preserve their steeres[356] and oxen, and to bring them to the plough and such profitable uses, and w^thout having obtained leave as aforesaid, shall not kill them, upon penalty of forfaiting the value of the beast so killed.

Whosoever shall take any of his neighbours' boates, oares, or canoas w^thout leave from the owner shalbe held[357] and esteemed as a felon and so proceeded againste;[358] tho[359] hee that shall take away by violence or stelth any canoas or other thinges from the Indians shall make[Pg 27] valuable restitution to the said Indians, and shall forfaict, if he be a freeholder, five pound; if a servant, 40^s, or endure a whipping; and anything under the value of 13^d[360] shall be accounted Petty larceny.

All ministers shall duely read divine service, and exercise their ministerial function according to the Ecclesiastical lawes and orders of the churche[361] of Englande, and every Sunday in the afternoon[362] shall Catechize suche as are not yet ripe to come to the Com.[363] And whosoever of them shalbe[364] found negligent or faulty in this kinde shalbe subject to the censure of the Govern^r and Counsell of Estate.

The Ministers and Churchwardens shall seeke to presente[365] all ungodly disorders, the comitters wherofe[366] if, upon goode[367] admonitions and milde reprooff,[368] they will not forbeare the said skandalous offenses,[369] as suspicions of whordomes,[370] dishonest company keeping with weomen and suche[371] like, they are to be presented and punished accordingly.

If any person after two warnings, doe[372] not amende[373] his or her life in point[374] of evident suspicion of Incontincy[375] or of the comission[376] of any other enormous sinnes,[377] that then he or shee be presented by the Churchwardens and suspended for a time from the churche by the minister. In w^ch Interim if the same person do[378] not amende and humbly submit[379] him or herselfe to the churche, he is then fully to be excomunicate and soon after a writt or warrant to be sent[380] from the Govern^r[381] for the apprehending of his person ande seizing on[382] all his goods. Provided alwayes, that all the ministers doe meet[383] once a quarter, namely, at the feast of S^t Michael the Arkangell, of the nativity of our saviour, of the Annuntiation of the blessed Virgine, and about midsomer, at[384] James citty or any other place where the Governo^r[385] shall reside, to determine whom it is fitt to excomunicate, and that they first presente their opinion to the Governo^r[386] ere they proceed to the acte of excomunication.

For reformation of swearing, every freeman and M^r of a family after thrise admonition shall give 5s or the value upon present[387] demaunde, to the use of the church where he dwelleth; and every servant after the like admonition, excepte his M^r dischardge[388] the fine, shalbe subject to whipping. Provided, that the payment of the fine notw^thstanding, the said servant shall acknowledge his faulte publiquely in the Churche.

No man whatsoever, coming by water from above, as from Henrico, Charles citty, or any place from the westwarde of James citty, and[Pg 28] being bound for Kiccowtan,[389] or any other parte on this side,[390] the same shall presume to pass by, either by day or by night, w^thout touching firste here at James citty to knowe[391] whether the Governo^r[392] will comande him any service. And the like shall they performe that come from Kicawtan[393] ward, or from any place between this and that, to go upwarde, upon paine of forfaiting ten pound sterling a time to the Govern^r[394]. Provided, that if a servant having had instructions from his Master to observe this lawe,[395] doe, notw^thstanding, transgresse the same, that then the said[396] servant shalbe punished at the Govern^r's discretion; otherwise, that the master himselfe shall undergo the foresaid penalty.

No man shall trade[397] into the baye, either in shallop, pinnace, or ship, w^thout the Govern^r's[398] license, and w^thout putting in security that neither himself nor his Company shall force or wrong the Indians, upon paine that, doing otherwise, they shalbe censured at their returne by the Govern^or[399] and Counsell[400] of Estate.

All persons whatsoever upon the Sabaoth daye[401] shall frequente divine service and sermons both forenoon and afternoon, and all suche as beare armes shall bring[402] their pieces, swordes, poulder and shotte. And every one that shall transgresse this lawe shall forfaicte[403] three shillinges[404] a time to the use of the churche, all lawful and necessary impediments excepted. But if a servant in this case shall wilfully neglecte his M^r's comande he shall suffer bodily punishmente.

No maide or woman servant, either now resident in the Colonie or hereafter to come, shall contract herselfe in marriage w^thout either the consente of her parents, or of her M^r or M^ris, or of the magistrat[405] and minister of the place both together. And whatsoever minister shall marry or contracte any suche persons w^thout some of the foresaid consentes shalbe[406] subjecte to the severe censure of the Govern^r[407] and Counsell[408] of Estate.

Be it enacted by this[409] present assembly that whatsoever servant hath heretofore or shall hereafter contracte himselfe in England, either by way of Indenture or otherwise, to serve any Master here in Virginia and shall afterward, against[410] his said former contracte, depart from his M^r w^thout leave, or, being once imbarked, shall abandon the ship he is appointed to come in, and so, being lefte behinde, shall putt[411] himselfe into the service of any other man that will bring him hither, that then at the same servant's arrival here, he shall first serve out his time with that M^r that brought him hither and afterward also shall serve out his time[412] w^th his former M^r according to his covenant.

Here ende the lawes.

[Pg 29]

All these lawes being thus concluded and consented to as aforesaide[413] Captaine Henry Spellman[414] was called to the barre to answere to certaine misdemeano^rs layde to his chardge by Robert Poole, interpretour, upon his oath (whose examination the Governo^r sente into England in the Prosperus), of w^ch accusations of Poole some he acknowledged for true, but the greattest[415] part he denyed. Whereupon the General[416] Assembly, having throughly heard and considered his speaches, did constitute this order following against him:

Aug. 4^th, 1619.

This day Captaine Henry Spelman[417] was convented before the General Assembly and was examined by a relation upon oath of one Robert Poole, Interpreter, what conference had passed between the said Spelman[418] and Opochancano at Poole's meeting with him in Opochancano's courte. Poole chardgeth him he spake very unreverently and maliciously against[419] this present Govern^r,[420] wherby the honour and dignity of his place and person, and so of the whole Colonie, might be brought into contempte, by w^ch meanes what mischiefs might ensue from the Indians by disturbance of the peace or otherwise, may easily be conjectured. Some thinges of this relation Spelman confessed, but the most parte he denyed, excepte onely one matter of importance, & that was that he hade informed Opochancano that w^thin a yeare there would come a Governo^r[421] greatter then[422] this that nowe is in place. By w^ch and by other reportes it seemeth he hath alienated the minde of Opochancano from this present Governour, and brought him in much disesteem, both w^th Opochancano[423] and the Indians, and the whole Colony in danger of their slippery designes.

The general assembly upon Poole's testimony onely not willing to putt Spelman to the rigour and extremity of the lawe, w^ch might, perhaps both speedily and deservedly, have taken his life from him (upon the witness[424] of one whom he muche excepted against) were pleased, for the present, to censure him rather out of that his confession above written then[425] out of any other prooffe. Several and sharpe punishments were pronounced against[426] him by diverse of the Assembly, But in fine the whole course[427] by voices united did encline to the most favourable, w^ch was that for this misdemeanour[428] he should first be degraded of his title of Captaine,[429] at the head of the troupe, and should be condemned to performe seven yeares service to the Colony in the nature of Interpreter to the Governour.

This sentence being read to Spelman he, as one that had in him more of the Savage then of the Christian, muttered certaine wordes to[Pg 30] himselfe neither shewing any remorse for his offences, nor yet any thankfulness to the Assembly for theire sofavourable censure, w^ch he at one time or another (God's grace not wholly abandoning him) might w^th some one service have been able to have redeemed.[O]

This day also did the Inhabitants of Paspaheigh, alias Argall's towne, present a petition to the general assembly to give them an absolute dischardge from certaine bondes wherin they stand bound to Captain Samuell Argall for the paym^t of 600^G,[430] and to Captain William Powell, at Captaine Argall's appointment, for the paym^t of 50^G[431] more. To Captaine Argall for 15 skore acres of wooddy ground, called by the name of Argal's[432] towne or Paspaheigh; to Captaine Powell in respect of his paines in clearing the grounde and building the houses, for w^ch Captaine[433] Argal ought to have given him satisfaction. Nowe,[434] the general assembly being doubtful whether they have any power and authority to dischardge the said bondes, doe by these presents[435] (at the Instance of the said Inhabitants[436] of Paspaheighs, alias Martin's hundred people) become most humble sutours to the Tresurer, Counsell and Company in England that they wilbe[437] pleased to gett the said bondes for 600^G[438] to be cancelled; forasmuche as in their great comission they have expressly and by name appointed that place of Paspaheigh for parte of the Governo^r's[439] lande. And wheras Captain[440] William Powell is payde[441] his 50^G w^ch Captaine[442] Argall enjoined the saide Inhabitantes to presente him with, as parte[443] of the bargaine, the general assembly, at their intreaty, do become sutours on their behalfe, that Captaine Argall, by the Counsell & Company in England, may be compelled either to restore the said 50^G[444] from thence, or else that restitution therof be made here out of the goods of the said Captaine Argall.

The last acte of the Generall Assembly was a contribution to gratifie their officers, as followeth:[P]

Aug. 4^th, 1619.

It is fully agreed at this generall[445] Assembly that in regarde of the great[446] paines and labour of the[447] Speaker of this Assembly (who not onely[448] first formed the same Assembly and to their great ease & expedition reduced all matters to be treatted of into a ready method, but also his indisposition notw^thstanding wrote or dictated all orders and other expedients and is yet[449] to write severall bookes for all the Generall[450][Pg 31] Incorporations and plantations both of the great charter, and of all the lawes) and likewise in respecte of the dilligence of the Clerke and sergeant, officers thereto belonging. That every man and manservant of above 16 yeares of age shall pay into the handes and Custody of the Burgesses of every Incorporation and plantation one pound of the best Tobacco, to be distributed to the Speaker and likewise to the Clerke and sargeant of the Assembly, according to their degrees and rankes, the whole bulke whereof to be delivered into the Speaker's handes, to be divided accordingly. And in regarde[451] the Provost Marshall of James citty hath also given some attendance upon the said Generall Assembly, he is also to have a share out of the same. And this is to begin to be gathered the 24^th of February nexte.

In conclusion, the whole Assembly comaunded[452] the Speaker (as nowe he doth) to present their humble excuse to the Treasurer[453] Counsell & Company in England for being constrained by the intemperature of the weather and the falling sick of diverse of the Burgesses to breake up so abruptly—before they had so much as putt their lawes to the ingrossing. This they wholly comited to[454] the fidelity of their speaker, who therin[455] (his conscience telles him) hath done the parte[456] of an honest man, otherwise he would be easily founde[457] out by the Burgesses themselves, who w^th all expedition are to have so many bookes of the same lawes as there be both Incorporations and Plantations in the Colony.

In the seconde place, the Assembly doth most humbly crave pardon that in so shorte[458] a space they could bring their matter to no[459] more perfection, being for the present enforced to sende home titles rather then lawes, Propositions rather then resolutions, Attemptes then Acchievements, hoping their courtesy will accepte our poore indevour, and their wisedome wilbe[460] ready to supporte the weaknes of this little flocke.

Thirdly, the General Assembly doth humbly beseech[461] the said Treasurer,[462] Counsell & Company, that albeit it belongeth to them onely to allowe or to abrogate any lawes w^ch we shall here make,[463] and that it is their right so to doe,[464] yet that it would please them not to take it in ill parte if these lawes w^ch we have nowe brought to light, do passe currant[465] & be of force till suche time as we[466] may knowe their farther pleasure out of Englande: for otherwise this people (who nowe at length have gotte[467] the raines[468] of former servitude into their owne swindge) would in shorte time growe so insolent, as they would shake off all government, and there would be no living among them.

Their last humble suite is,[469] that the said Counsell & Company would be pleased, so soon as they shall finde[470] it convenient, to make[Pg 32] good their promise sett downe[471] at the conclusion of their comission for establishing the Counsel[472] of Estate & the General[473] Assembly, namely, that they will give us power to allowe or disallowe of their orders of Courte, as his Ma^ty[474] hath given them power to allowe or to reject[475] our lawes.

In sume Sir George Yeardley, the Governo^r[476] prorogued the said General[477] Assembly till the firste of Marche, which is to fall out this present yeare of 1619, and in the mean season dissolved the same.

FINIS.

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

JOHN McDONAGH,
Record Agent,
July 14th, 1871.

The McDonald copy has the following after Finis:

(in Dorso.)

1619.
The proceedings of the first Assembly of Virginia. July 1619.
True Copy,
AUGUSTUS AUSTEN BURT.

[Pg 33]

LISTS

OF THE

Livinge & the Dead in Virginia

February 16, 1623.

[Pg 34]

[Pg 35]

EDITORS' NOTE.

The paper from which this document is printed is to be found in the first volume of the McDonald papers. It is such a census of the inhabitants of the colony as the historical student would like to see made out at several other periods of our colonial history. We can find no legal enactment requiring such a census to be taken, and no order to that effect, save in the Instructions to Governor Wyatt, dated 24th July, 1621, where, among other things, he is directed "To make a catalogue of the people in every plantation, and their conditions; and of deaths, marriages and christenings."—Hening, Vol. I., p. 115.

The entries are as brief as possible, no middle names are given, and foreigners are entered according to nationality, or not more than one name allowed them. Not the least curious is the small number of negroes. Rolfe states, "About the last of August (1619) came in a Dutch man of warre that sold us twenty Negors" (Smith, p. 126), and nearly five years after, when this census was taken, there were but twenty-two in the Colony.[Pg 36]

[Pg 37]

LISTS OF THE LIVINGE & DEAD IN VIRGINIA

Feb. 16th, 1623.

A LIST OF THE LIVINGE.

The End of the List of the Living.

[Pg 55]

A LIST OF THE NAMES OF THE DEAD IN VIRGINIA
SINCE APRIL LAST.

Feb^y 16^th, 1623.