University of Virginia Library

Colonial Records of Virginia.

STATE PAPERS.

COLONIAL. Vol. I.—No. 45.

[July 30, 1619.][6]

A Reporte of the manner of proceeding[7] in
the General assembly convented at James
citty in Virginia, July 30, 1619, consisting
of the Governor, the Counsell of Estate[8]
and two Burgesses elected out of
eache Incorporation and Plantation, and
being dissolved the 4th of August next
ensuing.

First. Sir George Yeardley, Knight Governor & 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

Captaine William Tucker,

William Capp.

For Martin Brandon—Capt. John Martin's Pla'tation

Mr Thomas Davis,

Mr Robert Stacy.

For Smythe's hundred

Captain Thomas Graves,

Mr Walter Shelley.

For Martin's hundred

Mr John Boys,[9]

John Jackson.

For Argall's guiffe[10]

Mr Pawlett,

Mr Gourgaing.[11]

For Flowerdieu hundred

Ensigne[12] Rossingham,

Mr Jefferson.

For Captain Lawne's plantation

Captain Christopher Lawne,

Ensigne[13] 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[14] of the General
assembly, being placed nexte the Speaker, and Thomas Pierfe, the Sergeant,
standing at the barre, to be ready for any service the Assembly
shoulde comaund[15] 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[16]
to his owne
glory and the good of this Plantation. Prayer being ended, to the intente
that as we[17] had begun at God Almighty, so we[18] might proceed wth awful
and due respecte towards the Lieutenant, our most gratious and dread
Soveraigne, all the Burgesses were intreatted to retyre themselves into
the body of the Churche, wch being done, before they were fully admitted,
they were called in order and by name, and so every man (none staggering
at it) took the oathe of Supremacy, and then entred[19] 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[20] he was but a limbe or member of him, and there could be
but two Burgesses for all. So Captaine Warde was comaunded 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 own person in the action,
and since that time had brought home a good[21] quantity of fishe, to relieve
the Colony by way of trade, and above all, because the Comission for
authorising the General Assembly admitteth of two Burgesses out of every
plantation wthout 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, wth all expedition, that is to saye between this
and the nexte general assembly (all lawful impediments excepted) should
procure from the Tresurer,[22] Counsell and Company in England a comission
lawfully to establish[23] and plant himselfe and his Company as the
Chieffs[24] of other Plantations have done. And in case he doe neglect this
he is to stande to the censure of the next general assembly. To this Captaine
Warde, in the presence of us all, having given his consente and
undertaken to perform the same, was, together wth 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[25] have any place in the Assembly,
forasmuche as he hath a clause in his Patente wch doth not onely
exempte him from that equality and uniformity of lawes and orders
wer[26] the great charter faith are to extende[27] over the whole Colony, but
also from diverse such lawes as we must be enforced[28] 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[29] person or persons as at
this time he shall carry over with him, or that shalbe[30] sente him hereafter,
free from any comaunde of the Colony, excepte it be in ayding and
assisting the same against[31] any forren or domestical enemy.

11 30, Bancroft.

Upon the[32] 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[34] Martin's Patent[35] was produced by the Governor[36] out of a Clause
whereof it appeared that when the general[37] 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[38] the same or no.[39] It was therefore ordered in Courte that the foresaid
two Burgesses should wthdrawe 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[45] loyal Burgesses,
because they had offered themselves to be assistant at the making of[46]
lawes wch both themselves and those whom they represented might chuse
whether they would obaye[47] or not.

Then came there in a complainte against Captain[48] 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,[49] Gent. (as the said Thomas Davis deposed
upon oathe,) that they had made a harde voiage, had they not mett wth 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
wth their armes and tooke it by force, measuring out the corne wth a
baskett they had into the Shallop and (as the said Ensigne Harrison saith)
giving them satisfaction in copper beades[50] 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.[51] For
wch considerations and because suche[52] outrages as this might breede danger

and loss[53] of life to others of the Colony wch 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.

It was also ordered by the Assembly the same daye that in case Captaine
Martin and the ging of his shallop would[54] 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,[55]
notwthstanding
the authority whereof, he had in that case abused) he shoulde[56] from
henceforth take leave of the Governour[57] as other men, and should putt[58]
in security, that his people shall comitte no such[59] 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:

These obstacles removed, the Speaker, who a long time had bene
extreame sickly, and therefore not able to passe through long harangues,
delivered in briefe to the whole assembly the occasions of their meeting.
Which[64] done, he read unto them the comission for establishing the Counsell
of Estate and the general[65]
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.[66] Which[67] for the more ease of the Committies,
having divided into fower books, he read the former two the same
forenoon for expeditious[68] sake, a second time over, and so they were
referred to the perusall of twoe Comitties, wch 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 wch the Counsell and Company in England[69] had
already resolved to be perfect, and did expecte nothing[70] but our assente
thereunto?[71] 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 wth the state of this Colony or any lawe
wch 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:

       

1. Captain William Powell,	2. Ensigne Rosingham,
3. Captaine Warde,	4. Captaine Tucker,
5. Mr. Shelley,	6. Thomas Douse,
7. Samuel Jordan,	8. Mr. Boys.

The names of the Comitties for perusing the
second booke:

       

1. Captaine Dawne,[72]	2. Captaine Graves,
3. Ensigne Spense,	4. Samuel Sharpe,
5. William Cap,	6. Mr. Pawlett,
7. Mr. Jefferson,	8. Mr. Jackson.

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

After dinner the Governor and those that were not of the Comitties[73]
sate a seconde time, while the said Comitties[74] were employed in the
perusall of those twoe bookes. And whereas the Speaker had propounded
fower severall objects for the Assembly to consider 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,[75] 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[76] fitt to be sente home for England. It pleased the
Governour[77] for expedition[78] sake to have the second objecte[79]
of the sower
to be examined & prepared by himselfe and the Non-Comitties. Wherin
after having spente some three howers'[80] conference, the twoe Committies[81]
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.,)[82] wch the whole Assembly, because it was late, deferred
to treatt[83] of till the next morning.

Satturday, July 31.

The nexte daye, therefore, out of the opinions of the said Comitties,[84]
it was agreed, these[85] Petitions ensuing should be framed, to be presented
to the Treasurer, Counsel & Company in England. Upon the
Comitties'[86] perusall of the first booke,[87] the General[88] Assembly doe
become most humble suitours to their lops and to the rest of that honble
Counsell and renowned Company, that albeit they have bene pleased[89] to
allotte unto the Governor[90] to themselves, together wth the Counsell of
Estate here, and[91] to the officers of Incorporations, certain lande[92] portions
of lande to be layde out within the limites of the same, yet that[93] they
woulde vouchsafe also,[94] that[95] groundes as heretofore had bene granted by
patent to the antient[96] Planters by former Governours that had from the
Company received comission[97] so to doe, might not nowe after so muche
labor 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 send us notice, what comission or authority for graunting of
landes they have given to eache[98] particular Governour in times paste.

The second petition of the General assembly framed by the Comitties[99]
out of the second book is. That the Treasurer[100] & Company in
England would be pleased wth as muche convenient speed[101] as may be to
sende men hither to occupie their landes belonging to the sower Incorporations,
as well for their owne[102] behoofe and proffitt as for the maintenance
of the Counsell[103] of Estate, who are nowe[104]
to their extream hindrance
often drawen far from their private busines and likewise that they will have
a care to sende[105] 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.[106] 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[107] were come hither
upon their owne chardges,[108] and suche also as were brought hither upon

the Companie's coste, may 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 only hope of a posterity, a single share a
piece, and shares for their issues or[109] 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[110] here to collecte
their rents,[111]
to the ende that[112] 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[113] it most convenient, workmen of all sortes, fitt for
that purpose.

The sixte and laste is, they wilbe[114] 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 wch the whole general assembly in maner and forme
above[115] sett downe do most humbly offer up and present[116] to the honourable
construction of the Treasurer, Counsell and Company in England.

These petitions thus concluded on, those twoe Comitties broughte
me[117] a reporte what they had observed in the two latter bookes, wch was
nothing else but that the perfection of them was suche as that[118] they could finde nothing therein subject to exception, only the Governors[119] 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[120] us not to make as[121]
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[122] 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[123] debating of suche instructions
given by the Counsell in England to several[124] Governors[125] as might
be converted into lawes, the last whereof was the Establishment of the price
of Tobacco, namely, of the best at 3d[126] and the second at 18d the pounde.
At the reading of this the Assembly thought good to sende for Mr. Abraham
Persey, the Cape marchant, to publishe this instruction to him, and to
demaunde[127] of him if he knewe of any impediment why it might not be
admitted of? His answere[128] was that he had not as yet received any suche
order from the Adventurers of the[129] in England. And notwthstanding
he sawe the authority was good, yet was he unwilling to yield, till suche
time as the Governor[130] and Assembly had layd their commandment upon
him, out of the authority of the foresaid Instructions as followeth:

We will and require you, Mr. Abraham Persey, Cape Marchant, from
this daye forwarde to take notice, that, according to an article in the
Instructions confirmed by the Treasurer, Counsell[131] and Company in Englande
at a general quarter courte, both by[132] voices and under their hands[133]
and the Comon seall,[134] and given to Sir George Yeardley, knight, this
present governour, Decemb.[135] 3, 1618, that you are bounde to accepte of
the Tobacco of the Colony, either for commodities or upon billes,[136] at three
shillings the beste[137] and the second sorte at 18d the pounde, and this
shalbe[138] your sufficient dischardge.

James citty out of the said General Assembly, July 31,[139] 1619.

At the same[140] the Instructions convertible into lawes were referred to
the consideration of the above named Committies,[141] viz., the general
Instructions to the first Committie[142] 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,[143] Aug. 2.

Captain John Martin (according to the sumous sent him on Friday,[144]
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[145] to them both and indevoured[146]
to answere
some other thinges[147] that were objected against[148] his Patente. In fine,

being demanded out of the former order whether he would quitte that
clause of his Patent[149] wch (quite otherwise then Sir William Throckmorton's,
Captain Christopher Dawnes'[150] and other men's patentes) exempteth
himselffe and his people from all services of the Colonie excepte onely in
case of warre against[151]
a forren or domesticall enemie. His answere[152] was
negative, that he would not infringe any parte[153] 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[154]
notwithstanding) whensoever he should send into the baye to
trade, he would[155] be contente to putt in security to the Governour[156] for
the good behaviour of his people towardes[157] the Indians.

It was at the same time further ordered by the Assembly that the
Speaker, in their names, should (as he nowe doth[158]
) humbly demaunde[159]
of the Treasurer, Counsell[160] and Company an exposition of this one clause
in Captaine[161] Martin's Patente, namely, where it is saide That he is to
enjoye[162] his landes in as lardge[163] and ample manner, to all intentes and[164]
purposes, as any lord of any manours in England dothe holde his grounde
out of wch 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[165] their
lopps[166] and the rest of that honble house[167] that in case they shall finde any
thing in this or in any other parte of his graunte whereby 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 wth equall favour, &
graunts[168] of like liberties & imunities[169]
as neer as may be, to the ende that
all complainte[170] of partiality and indifferency[171] may be avoided,) might[172]
in any sorte be contradicted or the uniformity and equality[173] of lawes
and[174] 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[175] publique current of Justice.

Upon the same grounde and[176] reason their lops, together with the rest
of the Counsell[177] and Company, are humbly besought[178] by this general[179]
assembly that if in that other clause wch exempteth Captaine[180] Martin and
his people from all services of the Colony &c., they shall finde any resistance
against[181] that equality and[182] 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[183] Captaine[184] Martin, for those ten shares allowed him
for his personal[185] adventure and[186] 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[187] here, what kinde[188] of shares
they meante he should have when they gave him his Patent.[189]

The premisses about Captaine Martin thus resolved, the Committies[190]
appointed to consider what instructions are fitt to be converted into lawes,
brought in their opinions, and[191] first of some of the general[192] instructions.

By this present Generall Assembly be it enacted, that no[194] injury or
oppression be wrought by the Englishe[195] against[196] the Indians whereby the
present peace might be disturbed and antient quarrells might be revived.
And farther[197] be it ordained, that the Chicohomini are not to be excepted
out of this lawe; until either that suche[198] 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[199]
be it enacted, that if any men be
founde to live as an idler or renagate, though a freedman, it shalbe[200] lawfull
for that Incorporation or Plantation to wch he belongeth to appoint him a
Mr to serve for wages, till he shewe apparant signes of amendment.

Against gaming at dice[201] & Cardes be it ordained by this present assembly
that the winner or winners shall lose all his or their winninges and[202]
both winners and loosers shall forfaicte[203] 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[204] 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,[205] and if he
still continue in that vice, to undergo suche severe punishment as the Gov-
ernor[206] 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 committed and
then degraded. Provided it be understood that the Governr[207] hath alwayes[208]

power to restore him when he shall, in his discretion thinke fitte.

Against excesse in[209] 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 eithre
of their apparell.

As touching the instruction[210] of drawing some of the better disposed of
the Indians to converse wth our people & to live and labour amongst[211]
them,
the Assembly who knowe[212] well their dispositions thinke it fitte to enjoine,[213]
least to counsell those of the Colony, neither utterly to rejecte them nor yet
to drawe them to come in. But in case 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 wth the consente[214]
of
the Governour. Provided that good[215] guarde[216] in the night be kept upon
them, for generally (though some amongst many may proove[217] good) they
are a most trecherous people and quickly gone when they have done a villany.
And it were fitt[218]
a housewe builte for them to lodge in aparte[219] by
themselves, and lone inhabitants by no meanes[220] 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 wch children the most
towardly boyes in witt & graces of nature to be brought up by them in the
first elements of litterature, so[221] to be fitted for the Colledge intended for
them that from thence they may be sente[222] 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[223] of wch duty he shalbe[224] subjecte to the censure
of the Governr[225] and Counsell of Estate. Provided alwayes that the first
yeare of every newe man this lawe shall not be of[226] force.

About the plantation of Mulbery trees, be it enacted that every man as
he is seatted[227] upon his division, doe for seven yeares together, every yeare

plante and maintaine in growte[228] six[229] Mulberry trees at the least,[230] and
as many more as he shall thinke conveniente and as his virtue[231] & Industry
shall move him to plante, and that all suche persons as shall neglecte the
yearly planting and maintaining of that small proportion shalbe[232] subjecte
to the censure of the Governour & the Counsell of Estate.

Be it farther[233] enacted as concerning Silke-flaxe, that those men that
are upon their division or setled[234] habitation doe this next[235] yeare plante
& dresse 100 plantes, wch being founde a comedity,[236] may farther be increased.
And whosoever do faill in the performance of this shalbe[237] subject
to this punishment of the Governour[238] & Counsell of Estate.

For hempe also both Englishe & Indian, and for Englishe[239] flax &
Anniseeds, we do[240] require and enjoine all householders of this Colony that
have any of those seeds[241] 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 Governor[242] 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[243] many as need
shall require, suche[244] 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[245] one being payde according to the quality[246] of his trade and
worke, to be estimated, if he shall not be contented, by the Governor 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[247] made in England between the
owners of lande and their Tenants and Servantes wch they shall sende[248]
hither, may be caused to be duely[249] performed, and that the offenders be
punished as the Governour[250] 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[251] Servants of any particular plantation from the place where
they are seatted. And that it shalbe[252] the duty of the Governor[253] &
Counsell of Estate most severely to punishe both the seducers and the
seduced, and to returne[254] these latter into their former places.

Be it further enacted that the orders for the Magazin[255] lately made be
exactly kepte, and that the Magazin be preserved from wrong[256] and

sinister practises, and that according to the orders of courte in Englande[257]
all Tobacco and sassafras be brought[258] by the Planters to the Cape marchant
till suche time as all the goods[259] nowe or heretofore sent for the
Magazin be taken off their handes at the prices agreed on. That by this
meanes[260] the some[261] going for Englande[262] with[263] one hande, the price
thereof may be uphelde[264] 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 know[265] howe[266] to observe it, we[267] holde
it fitt to publishe it here for a lawe[268] among the rest of our lawes. The
wch[269] order is as followeth:

Upon the 26[270] of October, 1618, it was ordered that the Magazin[271]
should continue during[272] the terme formerly prefixed, and that certaine[273]
abuses now complained of should be reformed, and that for preventing of
all Impositions save the allowance of 25 in the hundred proffitt, the
Governor[274] shall have an invoice as well as the Cape Marchant, that if any
abuse in the sale of the[275] goods be offered, wee,[276] upon Intelligence and
due examination thereof, shall see it correctede. And for the incouragement[277]
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[278] Colonies, it shalbe lawefull for them
to returne the same to their own adventurers. Provided that the same[279]
comodity be of their owne growing, wth out trading wth 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[280] shalbe[281] bought by the
said particular Colonies before any other goods wch 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[282] Colony they might be capable of the same priviledges that are
graunted to any of the foresaid hundreds. Hitherto the order.

All[283] 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[284] 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 befte, 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[285] have at any time any necessary comodity
wch the Magazine doth wante, it shall and may be lawfull for any of the

Colony to buye[286] the said necessary comodity of the said party, but upon
the termes of the Magazin[287] viz: allowing no more gaine then 25 in the
hundred, and that with the leave of the Governour. Provided, lastely,[288]
that it may be lawfull[289] for the Governr[290] to give leave to any Mariner,
or any other person, that shall have any suche necessary comodity wanting
to the Magazin[291] to carrie home for England so muche[292]
Tobacco or other
naturall comodities of the Country[293] as his Customers shall pay him for
the said necessary comodity or comodities. And to the ende we may not
only persuade and incite men, but inforce them also 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 Magazine[295] 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[296]
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,[297] 1619.

This morning a thirde[298] sorte of lawes (suche as might proceed out of
every man's private conceipt[299] ) were read and referred by halves to the
same comitties[300] wch were from the beginning.

This done, Captaine[301] William Powell presented to the Assembly a
petition to have justice against a lewde[302] and trecherous servante of his
who by false accusation given up in writing to the Governor[303] sought not
onely to gett[304] 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[305] Assembly
against[306]
one Thomas Garnett, a servant of his, not onely for extreame
neglect of his business to the great loss[307] and prejudice of the said Captaine,
and for openly and impudently abusing his house, in sight both of Master
and Mistresse, through wantonnes[308]
wth a woman servant of theirs, a
widdowe, but also for falsely accusing him to the Governor[309] both of
Drunkenes &[310] Thefte, and besides for bringing all[311] his fellow servants
to testifie[312] on his side, wherein they justly failled[313] him. It was thought

fitt by the general assembly (the Governour himselfe[314] giving sentence),
that he should stand[315] fower dayes with his eares nayled to the Pillory,
viz: Wednesday, Aug. 4th, and so likewise Thursday, fryday and Satturday[316]
next following, and every of those sower dayes should be publiquely
whipped. Now, as touching the neglecte of his worke, what satisfaction
ought to be made to his Mr 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[317] the general[318] consente of the whole Assembly.

This afternoon the committies brought in a reporte, what they had
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
Mr John Rolfes againste Captaine John Martine[319]
for writing a letter to
him wherein (as Mr Rolfe alledgeth) he taxeth him both unseemly[320] and
amisse of certaine thinges[321] wherein he was never faulty, and besides, casteth
some aspersion upon the present goverment, wch is the most temperate
and juste[322]
that ever was in this country, too milde, indeed, for many of[323]
this Colony, whom unwoonted[324] liberty hath made insolente and not to
knowe[325] themselves. This Petition of Mr Rolfes' was thought fitt to be
referred to the Counsell of State.

Wednesday, Aug. 4th.

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[326] himselfe also[327] 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[328] 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 wch I am now
coming[329] to sette downe, were read over throughly[330] discussed, wch,
together wth the former, did now passe the laste and finall consente of the
General[331] Assembly.

A third sorte of lawes, suche as may[332]
issue out of
every man's private[333] conceipte.

It shalbe free for every man to trade wth the Indians, servants onely
excepted, upon paine of whipping, unless the Mr will[334] redeeme it off wth
the payment of an Angell, one-fourth parte whereofe to go[335]
to the Provost

Marshall, one fourth parte to the discoverer, and the other moyty to the
publique uses of the Incorporation.[336]

That no man doe[337] sell or give any of the greatter howes to the
Indians, or any Englishe dog of quality, as a mastive,[338] greyhound, bloodhounde,
lande or water spaniel, or any other dog or bitche whatsoever, of
the Englishe race, upon paine of forfaiting 5s[339] 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 Traytour
to the Colony, and of being hanged as soon as the facte[340] is proved,
wthout all redemption.[341]

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 wthout first having made the Governor[342] or comaunder
of the same place acquainted therewth,[343]
upon paine[344] of paying
twenty shillinges[345] 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[346] wthout leave from the Governor[347] or comaunder[348] of
that place where he liveth, upon paine of paying 40s to publique uses as
aforesaid.

That no man living in this Colony, but shall between this and the first
of January next ensuing come or sende to the Secretary of Estate[349] 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 40s to the said
Secretary of Estate.[350] Also, whatsoever Mrs or people doe[351] come over to
this plantation that within[352] one month of their arrivall (notice being first
given them of this very lawe) they shall likewise resorte to the Secretary of
Estate[353] 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[354] 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, bringe 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 Governor[355] and Counsell[356] of Estate; likewise,
where there be no ministers, that the comanders of the place doe supply
the same duty.

325 English, McDonald.

No man, wthout leave of the Governor, shall kill any Neatt cattle whatsoever,
young or olde, especially kine, Heyfurs or cow-calves, and shallbe[357]
carefull to preserve their steeres[358] and oxen, and to bring them to the
plough and such profitable uses, and wthout 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
wthout leave from the owner shalbe held[359]
and esteemed as a felon and so
proceeded againste;[360] tho[361] hee that shall take away by violence or stelth
any canoas or other thinges from the Indians shall make valuable restitution
to the said Indians, and shall forfaict, if he be a freeholder, five pound;
if a servant, 40s, or endure a whipping; and anything under the value of
13d[362]
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[363] of Englande, and every Sunday in the afternoon[364] shall Catechize
suche as are not yet ripe to come to the Com.[365]
And whosoever of
them shalbe[366] found negligent or faulty in this kinde shalbe subject to the
censure of the Governr and Counsell of Estate.

The Ministers and Churchwardens shall seeke to presente[367] all ungodly
disorders, the comitters wherofe[368]
if, upon goode[369] admonitions and mild
reprooff,[370] they will not forbeare the said skandalous offenses,[371]
as suspicions
of whoredomes,[372] dishonest company keeping with weomen and
suche[373] like, they are to be presented and punished accordingly.

If any person after two warnings, doe[374] not amende[375] his or her life in
point[376] of evident suspicion of Incontincy[377] or of the comission[378] of any
other enormous sinnes,[379] that then he or shee be presented by the Churchwardens
and suspended for a time from the churche by the minister. In
wch Interim if the same person do[380] not amende and humbly submit[381] him
or herselfe to the churche, he is then fully to be excomunicate and soon
after a writt or warrant to be sent[382] from the Governr[383] for the apprehending
of his person ande seizing on[384] all his goods. Provided alwayes, that
all the ministers doe meet[385] once a quarter, namely, at the feast of S
Michael the Arkangell, of the nativity of our saviour, of the Annuntiation
of the blessed Virgine, and about midsomer, at[386] James citty or any other
place where the Governor[387] shall reside, to determine whom it is fitt to
excomunicate, and that they first presente their opinion to the Governor[388]
ere they proceed to the acte of excomunication.

For reformation of swearing, every freeman and Mr of a family after
thrise admonition shall give 5s or the value upon present[389] demaunde, to
the use of the church where he dwelleth; and every servant after the like
admonition, excepte his Mr dischardge[390] the fine, shalbe subject to whipping.
Provided, that the payment of the fine notwthstanding, 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 being
bound for Kiccowtan,[391] or any other parte on this side,[392] the same shall
presume to pass by, either by day or by night, wthout touching firste here
at James citty to knowe[393] whether the Governor[394] will comande him
any service. And the like shall they performe that come from Kicawtan[395]
ward, or from any place between this and that, to go upwarde, upon paine
of forfaiting ten pound sterling a time to the Governor[396] . Provided, that
if a servant having had instructions from his Master to observe this lawe,[397]
doe, notwthstanding, transgresse the same, that then the faid[398] servant
shalbe punished at the Governor's discretion; otherwise, that the master
himselfe shall undergo the foresaid penalty.

No man shall trade[399] into the baye, either in shallop, pinnace, or ship,
wthout the Governr's[400] license, and wthout 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 Gov-
ernor[401] and Counfell[402] of Estate.

All persons whatsoever upon the Sabaoth daye[403] shall frequente divine
service and sermons both forenoon and afternoon, and all suche as beare
armes shall bring[404] their pieces, swordes, poulder and shotte. And every
one that shall transgresse this lawe shall forfaict[405] three shillinges[406] a time
to the use of the churche, all lawful and necessary impediments excepted.
But if a servant in this cafe shall wilfully neglecte his Mr 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 wthout either the consente
of her parents, or of her Mr or Mrs, or of the magistrat[407] and minister
of the place both together. And whatsoever minister shall marry or contracte
any suche persons wthout some of the forefaid consentes shalbe[408] subjecte
to the severe censure of the Governr[409] and Counsell[410] of Estate.

Be it enacted by this[411] 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[412] his said former contracte, depart from his Mr wthout
leave, or, being once imbarked, shall abandon the ship he is appointed to
come in, and so, being lefte behinde, shall putt[413] 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 Mr that
brought him hither and afterward also shall serve out his time[414] wth his former
Mr according to his covenant.

All these lawes being thus concluded and confented to as aforesaide[415]
Captaine Henry Spellman[416] was called to the barre to answere to certaine
misdemeanors layde to his chardge by Robert Poole, interpretour, upon his
oath (whose examination the Governor sente into England in the Prosperus),
of wch accusations of Poole some he acknowledged for true, but the
greattest[417] part he denyed. Whereupon the General[418]
Assembly, having
throughly heard and considered his speaches, did constitute this order following
against him:

Aug. 4th, 1619.

This day Captaine Henry Spelman[419] 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[420]
and Opochancano at Poole's meeting with him in Opochancano's courte.
Poole chardgeth him he spake very unreverently and maliciously against[421]
this present Governr,[422] wherby the honour and dignity of his place and
person, and so of the whole Colonie, might be brought into contempte, by
wch 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 part he denyed, excepte onely
one matter of importance, & that was that he hade informed Opochancano
that wthin a yeare there would come a Governor[423] greatter then[424] this that
nowe is in place. By wch and by other reportes it seemeth he hath alienated
the minde of Opochancano from this present Governour, and brought
him in much disesteem, both wth Opochancano[425] 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, wch might, perhaps both
speedily and deservedly, have taken his life from him (upon the witness[426]
of one whom he muche excepted against), were pleased, for the present, to
censure him rather out of that his confession above written then[427] out of
any other prooffe. Several and sharpe punishments were pronounced

against[428] him by diverse of the Assembly, But in fine the whole course[429]
by voices united did encline to the most favourable, wch was that for this
misdemeanour[430] he should first be degraded of his title of Captaine,[431] 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 himselfe
neither shewing any remorse for his offences, nor yet any thankfulness to
the Assembly for theire sofavourable censure, wch he at one time or another
(God's grace not wholly abandoning him) might wth some one service have
been able to have redeemed.[432]

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 paymt of 600G,[433] and to Captain William Powell, at Captain
Argall's appointment, for the paymt of 50G[434] more. To Captaine Argall
for 15 skore acres of wooddy ground, called by the name of Argal's[435] towne
or Paspaheigh; to Captaine Powell in respect of his paines in clearing the
grounde and building the houses, for wch Captaine[436] Argal ought to have
given him satisfaction. Nowe,[437] the general assembly being doubtful
whether they have any power and authority to dischardge the said bondes,
doe by these presents[438] (at the Instance of the said Inhabitants[439] of Paspaheighs,
alias Martin's hundred people) become most humble sutours to the
Tresurer, Counsell and Company in England that they wilbe[440] pleased to
gett the said bondes for 600G[441] to be cancelled; forasmuche as in their
great comission they have expressly and by name appointed that place of
Paspaheigh for parte of the Governor's[442] lande. And wheras Captain[443]
William Powell is payde[444] his 50G wch Captaine[445]
Argall enjoined the saide
Inhabitantes to presente him with, as parte[446] 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 50G[447] from thence, or else that restitution therof
be made here out of the goods of the said Captain Argall.

The last acte of the General Assembly was a contribution to gratifie
their officers, as followeth:[448]

Aug. 4th, 1619.

It is fully agreed at this generall[449] Assembly that in regarde of the
great[450] paines and labour of the[451] Speaker of this Assembly (who not
onely[452]
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 notwthstanding wrote or dictated all orders and other expedients
and is yet[453] to write severall bookes for all the Generall[454] 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[455] 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 24th of February nexte.

In conclusion, the whole Assembly comaunded[456] the Speaker (as
nowe he doth) to present their humble excuse to the Treasurer[457] 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[458] the fidelity of their speaker, who therin[459]
(his conscience telles him) hath done the parte[460] of an honest man, otherwise
he would be easily founde[461] out by the Burgesses themselves, who wth
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[462] a space they could bring their matter to no[463] 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 wisdome
wilbe[464] ready to supporte the weaknes of this little flocke.

Thirdly, the General Assembly doth humbly beseech[465] the said
Treasurer,[466] Counsell & Company, that albeit it belongeth to them onely
to allowe or to abrogate any lawes wch we shall here make,[467] and that it is
their right so to doe,[468] yet that it would please them not to take it in ill
parte if these lawes wch we have nowe brought to light, do passe currant[469]

& be of force till suche time as we[470] may knowe their farther pleasure out
of Englande: for otherwise this people (who nowe at length have gotte[471]
the raines[472] 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,[473] that the said Counsell & Company would
be pleased, so soon as they shall finde[474] it convenient to make good their
promise sett downe[475] at the conclusion of their commission for establishing
the Counsel[476] of Estate & the General[477] Assembly, namely, that they will
give us power to allowe or disallowe of their orders of Courte, as his
Maty[478]
hath given them power to allowe or to reject[479] our lawes.

In sume Sir George Yeardley, the Governor[480] prorogued the said
General[481] Assembly till the firste of Marche, which is to fall out this
present yeare of 1619, and in the mean season dissolved the same.

The McDonald copy has the following after Finis:

The above document is taken from the Colonial Records
of Virginia. This record was printed from copies of the
original obtained from the Public Record Office of Great
Britain; viz., the McDonald and De Jarnette copies, and an
abstract furnished by Mr. Sainsbury; Bancroft, also, obtained
a copy, but the De Jarnette copy being in loose sheets
was selected as the most convenient for the printer. Whenever
a difference in either of these versions occurs, the footnotes
make mention of it.

A natural desire had long existed to know something of
the proceedings of the first legislative Assembly ever held in
Virginia, an event which inaugurated a new era in the history
of the hitherto disturbed and oppressed Colony. The
historian, Stith, could find no trace of this paper; Jefferson
searched for it in vain, and the patient, painstaking Hening
believed it no longer extant.

What a prize then, is this "Reporte," in its full and circumstantial
details of the baptism of representative government
in the New World.

Here, it will be seen that this first legislative Assembly in
the wilds of America was opened with prayer, and that in its
deliberations the Church of England was confirmed as the
Church of Virginia.

When Christopher Columbus ceased from the recital of his
successful voyage of discovery before the Court of Spain, it is
said that Ferdinand and Isabella, "together with all present,
prostrated themselves on their knees in grateful thanksgiving,
while the solemn strains of the Te Deum were poured forth
by the choir of the royal chapel, as in commemoration of some
glorious victory." And yet, this first Assembly in the land
rescued from darkness by the liberality of Spain, was opened
by a prayer which rose to Heaven, not in the liquid language
of old Castile, but in the English tongue!

In the far past, the Creed held sway that the Pope of
Rome, as vicar of Jesus Christ, had power to dispose of all
countries inhabited by heathen nations, in favor of Christian
potentates; and yet, the three papal bulls of Alexander VI.,
"out of his pure liberality, infallible knowledge, and plenitude
of apostolic power," investing Spain with plenary
authority over all countries discovered by it, and confirming
its absolute possession of the same, all previous concessions
to the contrary notwithstanding; yet, with all the weight of
actual discovery, and the decrees of the pontifical throne
in support of Spain, not the triple crown of Rome, but "The
Church of England," first raised its spire in these primeval
forests. Here it laid broad and deep the foundations of that
Holy Religion which has been the bulwark of Virginia's

liberties, the strength of her manhood, the glory of her
womanhood; the pillar of cloud by day and the pillar of fire
by night, which for nearly three centuries has preserved the
true and higher life of this noble old commonwealth!

The London Company approved the Colonial Assembly
which had been convened by Sir George Yeardley, and on
the 24th of July, 1621, a memorable ordinance, established for
the colony a written constitution. Its terms were few and
simple, but the system of representative government and trial
by jury became an acknowledged right in the New World.
On this celebrated ordinance Virginia erected the superstructure
of her independence. "It constituted the plantation, in
its infancy, a nursery of freemen," and its influences—sometimes
written in letters of living light, sometimes written in
blood—may be traced through all her history.[482]

As an evidence of the increasing prosperity of the colony,
it may be stated that in 1619, 20,000 pounds of tobacco were
exported to England from Virginia; in April, 1620, a special
commission was issued by King James for the inspection of
this weed, and in June following, a proclamation for restraining
the disorderly trading in the obnoxious article. Thus its
uses and abuses began at an early period of colonial enterprise.

This year of 1620 is also memorable for the introduction
of negro slaves into Virginia. A Dutch man-of-war landed
twenty negroes for sale, and these were the first brought into
the country—

to the far-off descendants of the colonists.