University of Virginia Library

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.