LXV. John Pory. "A Reporte of the manner of proceeding in
the general assembly convented at James City"
July 30, 31, August 2, 3, 4, 1619
State Papers, Domestic, James I., vol. I., no. 45
Document in Public Record Office
[136]
List of Records No. 116
Proceedings of the Virginia Assembly, 1619
A Reporte of the manner of proceeding in the General assembly convented
at James citty in Virginia, July 30, 1619, consisting of the Governor, the
Counsell of Estate 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 and Captaine general
of Virginia, having sent his sumons all over the Country, as well to
invite those of the Counsell of Estate that were absent 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 Plantation
Mr. Thomas Davis,
Mr. Robert Stacy.
- For Smythe's hundred
Captain Thomas Graves,
Mr. Walter Shelley.
- For Martin's hundred
Mr. John Boys,
John Jackson.
- For Argall's guiffe
Mr. Pawlett,
Mr. Gourgaing.
- For Flowerdieu hundred
Ensigne Roffingham,
Mr. Jefferson.
- For Captain Lawne's plantation
Captain Christopher Lawne,
Ensigne 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 Governor, being sett downe
in his accustomed place, those of the Counsel of Estate sate nexte him
on both hands excepte onely the Secretary then appointed Speaker, who
sate right before him, John Twine, clerke 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
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 to his owne glory and the good
of this Plantation. Prayer being ended, to the intente that as we had
begun at God Almighty, so we might proceed with 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, which 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 entred the Assembly. At Captaine
Warde the Speaker tooke exception, as at one that without any Comis-
sion 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 he was but a limbe or member of him, and there could be but two
Burgesses for all. So Captaine Warde was comanded to absent 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:
An order concluded by the General assembly concerning Captaine Warde,
July 30th, 1619, at the opening of the said Assembly.
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 adventured his owne person in the action, and since that
time had brought home a good 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
without restrainte or exception, Upon all these considerations, the As-
sembly 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 with all expedition, that is to saye between this and the
nexte general assembly (all lawful impediments excepted), should procure
from the Tresurer, Counsell and Company in England a comission lawfully
to establish and plant himselfe and his Company as the Chieffs of other
Plantations have done. And in case he doe neglect this he is to stande to
the censure of the nexte general assembly. To this Captaine Warde, in
the presence of us all, having given his consente and undertaken to per-
forme the same was, together with 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 Governor himselfe alledged that before we proceeded
any further it behooved us to examine whither it were fitt, that Captaine
Martin's Burgesses shoulde have any place in the Assembly, forasmuche as
he hath a clause in his Patente which doth not onely exempte him from
that equality and uniformity of lawes and orders which the great charter
saith are to extende over the whole Colony, but also from diverse such
lawes as we must be enforced 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 person or persons as at this time he
shall carry over with him, or that shalbe sente him hereafter, free from any
comaunde of the Colony, excepte it be in ayding and assisting the same
against any forren or domestical enemy.
Upon the motion of the Governor, discussed the same time in the assembly,
ensued this order following:
An order of the General Assembly touching a clause in Captain Martin's
Patent at James Citty, July 30, 1619.
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 Martin's
Patent was produced by the Governor out of a Clause whereof it appeared
that when the general 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 the same or no. It was
therefore ordered in Courte that the foresaid two Burgesses should withdraw
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 thereunto woulde submitte himselfe to the general forme of
governement as all others did, that then his Burgesses should be readmitted,
otherwise they were to be utterly excluded as being spies rather than loyal
Burgesses, because they had offered themselves to be assistant at the mak-
ing of lawes which both themselves and those whom they represented might
chuse whether they would obaye or not.
Then came there in a complainte against Captain 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, Gent. (as the said Thomas Davis deposed upon
oathe,) that they had made a harde voiage, had they not mett with 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 with
their armes and tooke it by force, measuring out the corne with a baskett
they had into the Shallop and (as the said Ensigne Harrison saith) giving
them satisfaction in copper beades 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. For which
considerations and because suche outrages as this might breede danger and
loss of life to others of the Colony which should have leave to trade in the
baye hereafter, and for prevention of the like violences against the In-
dians 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 day in case Captaine Martin
and the ging of his shallop would not thoroughly answere an accusation of
an outrage committed gainst a certaine Conoa of Indians in the baye, that
then it was thought reason (his Patent notwithstanding, the authority
whereof he had in that case abused) he should from henceforth take leave
of the Governour as other men, and should putt in security, that his people
shall comitte no such outrage any more.
Upon this a letter or warrant was drawen in the name of the whole as-
sembly to sumon Captaine Martin to appeare before them in the forme
following:
By the Governour and general assembly of Virginia.
Captaine Martine, we are to request you upon sight hereof, with all con-
venient speed to repair hither to James citty to treatt and conferre with us
about some matters of especial importance which concerns both us and the
whole Colony [and] yourself. And of this we praye you not to faile.
James citty, July 30, 1619.
To our very loving friend, Captain John Martin, Esquire, Master of the
ordinance.
These obstacles removed, the Speaker, who for a long time has bene ex-
treame sickly, and therefore not able to passe through long harangues,
delivered in briefe to the whole assembly the occasions of their meeting.
Which done he read unto them the commission for establishing the Counsell
of Estate and the general Assembly, wherein their duties were described
to the life.
Having thus prepared them he read over unto them the greate Charter,
or commission of privileges, orders and laws, sent by Sir George Yeardley
out of Englande. Which for the more ease of the Committies, having
divided into fower books, he read the former two the same forenoon for
expeditions sake, a second time over, and so they were referred to the
perusall of twoe Committies, which did reciprocally consider of either, and
accordingly brought in their opinions. But some may here objecte to what
ende we should presume to referre that to the examination of Committies
which the Counsell and Company in England had already resolved to be
perfect, and did expect nothing but our assente thereunto. 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 with the state of this Colony or any lawe which 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 bind us and our
heyers for ever.
The names of the Committies for perusing the first booke of the fower:1
| 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 Committies for perusing the second booke:
| 1. |
Captaine Lawne, |
2. |
Captaine Graves, |
| 3. |
Ensigne Spense, |
4. |
Samuel Sharpe, |
| 5. |
William Cap, |
6. |
Mr. Pawlett, |
| 7. |
Mr. Jefferson, |
8. |
Mr. Jackson, |
These Committies thus appointed, we brake up the first forenoon's
assembly.
After dinner the Governour and those that were not of the Committies
sate a second time, while the said Committies 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 privileges; Secondly, which of the instructions
given by the Counsel in England to my Lo: La: warre, 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
fitt to be sente home for England. It pleased the Governour for expedition
sake to have the second objecte of the fower to be examined and prepared
by himselfe and the Non-Committies. Wherein after having spente some
three howers conference, the twoe Committies 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.,) which the whole Assembly, because it was late, deferred to treatt of till the next
morning.
Satturday, July 31.
The nexte daye, therefore, out of the opinions of the said Committies, it
was agreed, these Petitions ensuing should be framed, to be presented to
the Treasurer, Counsel and Company in England. Upon the Committies
perusall of the first book, the Generall Assembly doe become most humble
suitors to their lo
ps and to the rest of that honble Counsell and renowned
Company, that albeit they have bene pleased to allotte unto the Governo
r
to themselves, together with the Counsell of Estate here, and to the
officers of Incorporations, certain lande portions of lande to be layde out
within the limites of the same, yet that they woulde vouchsafe also, that
groundes as heretofore had bene granted by patent to the antient Planters
by former Governours that had from the Company received comission 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
particular Governour in times paste.
The second petition of the General assembly framed by the Committies out
of the second book is. That the Treasurer and Company in England would
be pleased with as muche convenient speed as may be to sende men hither
to occupie their landes belonging to the fower Incorporations, as well for
their owne behoofe and proffitt as for the maintenance of the Counsel of
Estate, who are nowe to their extream hindrance often drawen far from
their private busines and likewise that they will have a care to sende tenants
to the ministers of the fower Incorporations to manure their gleab, to the
intente that all allowance they have allotted them of 200 G. a yeare may
be more easily raised.
The thirde Petition humbly presented by this General Assembly to the
Treasurer, Counsell and Company is, that it may plainly 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 were come hither
upon their owne chardges, and suche also as were brought hither upon the
Companie's coste, maye have their second, third and more divisions suc-
cessively 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 for themselves, because that in a newe
plantation it is not knowen whether man or woman be more necessary.
Their fourth Petition is to beseech the Treasurer, Counsell and Company
that they would be pleased to appoint a Sub-Treasurer here to collecte
their rents, to the ende that 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 and Company that,
towards the erecting of the University and Colledge, they will sende, when
they shall thinke it most convenient, workmen of all sortes, fitt for that
purpose.
The sixte and laste is, they wilbe pleased to change the savage name of
Kiccowtan, and to give that Incorporation a new name.
These are the general Petitions drawen by the Comitties out of the two
former bookes which the whole general assembly in maner and forme above
sett downe doe most humbly offer up and present to the honourable con-
struction of the Treasurer, Counsell and Company in England.
These petitions thus concluded on, those twoe Comitties broughte me a
reporte what they had observed in the two latter bookes, which was nothing
else but that the perfection of them was suche as that they could finde
nothing therein subject to exception, only the Governors 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 behoove
us not to make as lardge distances between Plantation as ten miles, but for
our more strength ande security to drawe nearer together. At the same
time, there remaining no 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 thankful to almighty god, therefore so they
commaunded the Speaker to returne (as nowe he doth) their due and hum-
ble 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 debating of suche instructions
given by the Counsell in England to several Governors as might be con-
verted into lawes, the last whereof was the Establishment of the price of
Tobacco, namely, of the best at 3d 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 of him if he knewe of any impediment why it might not be
admitted of? His answere was that he had not as yet received any suche
order from the Adventurers of the in England. And notwithstanding he
sawe the authority was good, yet was he unwilling to yield, till suche time
as the Governor and Assembly had layd their commandment upon him,
out of the authority of the foresaid Instructions as followeth:
By the General Assembly.
We will and require you, Mr. Abraham Persey, Cape Marchant, from this
daye forwarde to take notice, that, according to an article in the Instruc-
tions confirmed by the Treasurer, Counsell and Company in Englande at
a general quarter courte, both by voices and under their hands and the
Comon seall, and given to Sir George Yeardley, knight, this present
governour, Decemb. 3, 1618, that you are bounde to accepte of the Tobacco
of the Colony, either for commodities or upon billes, at three shillings the
beste and the second sorte at 18d the punde, and this shalbe your sufficient dischardge.
James citty out of the said General Assembly, July 31, 1619.
At the same the Instructions convertible into lawes were referred to the
consideration of the above named Committies, viz., the general Instructions
to the first Committie 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, Aug. 2.
Captain John Martin (according to the sumons sent him on Fryday,
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 to them both and indevoured to answere
some other thinges that were objected against his Patente. In fine,
being demanded out of the former order whether he would quitte that
clause of his Patent which (quite otherwise then Sir William Throck-
morton's, Captain Christopher Lawnes and other men's patentes) exempt-
eth himselffe and his people from all services of the Colonie excepte onely
in case of warre against a forren or domesticall enemie, His answere was
negative, that he would not infringe any parte of his Patente. Where-
upon 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 notwithstanding) whensoever he should send in to the baye to trade, he
would be contente to putt in security to the Governour for the good
behaviour of his people towardes the Indians.
It was at the same time further ordered by the Assembly that the Speaker,
in their names, should (as he nowe doth) humbly demaunde of the Treas-
urer, Counsell and Company and exposition of this one clause in Captaine
Martin's Patente namely, where it is saide That he is to enjoye his landes
in as lardge and ample manner, to all intentes and purposes, as any lord
of any manours in England dothe holde his grounde out of which 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 manours
in Englande. The Assembly therefore humbly beseeches their lopps and
the rest of that Honble house that in case they shall finde any thing in
this or in any other parte of his graunte wherby that clause towards the
conclusion of the great charter, (viz., that all grauntes aswell of the one
sorte as of the other respectively, be made with equall favour, and graunts
of like liberties and imunities as neer as may be, to the ende that all com-
plainte of partiality and indifferency may be avoided,) might in any sorte
be contradicted or the uniformity and equality of lawes and orders extend-
ing 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 publique current of Justice.
Upon the same ground and reason their lops, together with the rest of the Counsell and Company, are humbly besought by this general assembly
that if in that other clause which exempteth the Captaine Martin and his
people from all services of the Colony etc., they shall finde any resistance
[to] that equality and 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 Captaine Martin, for those ten shares allowed him for
his personal adventure and 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 here, what kinde of shares
they meante he should have when they gave him his Patent.
The premisses about Captaine Martin thus resolved, the Committies
appointed to consider what instructions are fitt to be converted into lawes,
brought in their opinions, and first of some of the general instructions.
Here begin the lawes drawen out of the Instructions given by his Maties
Counsell of Virginia in England to my lo: la warre, Captain Argall
and Sir George Yeardley, knight.
By this present General Assembly be it enacted that no injury or oppres-
sion be wrought by the English against the Indians whereby the present
peace might be disturbed and antient quarrells might be revived. And
farther be it ordained that the Chicohomini are not to be excepted out of
this lawe; untill either that suche order come out of Englande or that
they doe provoke us by some newe injury.
Against Idlenes, Gaming, drunkenes and excesse in apparell the Assembly
hath enacted as followeth:
First, in detestation of Idlenes be it enacted, that if any man be founde to
live as an Idler or renagate, though a freedman, it shalbe lawful for that
Incorporation or Plantation to which he belongeth to appoint him a Mr to
serve for wages, till he shewe apparant signes of amendment.
Against gaming at dice and Cardes be it ordained by this present assembly
that the winner or winners shall lose all his or their winninges and both
winners and loosers shall forfaite ten shillings a man, one ten shillings
whereof to go to the discoverer, and the rest to charitable and pious uses
in the Incorporation where the faulte 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 and to paye his fee, and if
he still continue in that vice, to undergo suche severe punishment as the
Governor 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 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 Governor hath alwayes
power to restore him when he shall in his discretion thinke fitte.
Against excesse in apparell that every man be cessed in the churche for
all publique contributions, if he be unmarried according to his owne
apparell, if he be married, according to his owne and his wives, or either
of their apparell.
As touching the instruction of drawing some of the better disposed of the
Indians to converse with our people and to live and labour amongst
them, the Assembly who knowe well their dispositions thinke it fitte to
enjoin, least to counsell those of the Colony, neither utterly to reject 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 with the consente
of the Governour. Provided that good guarde in the night be kept upon
them for generally (though some amongst many may proove good) they
are a most trecherous people and quickly gone when they have done a
villany. And it were fitt a house were builte for them to lodge in aparte
by themselves, and lone inhabitants by no meanes to entertain them.
Be it enacted by this present assembly that for laying a surer foundation
of the conversion of the Indians of Christian Religion, eache towne,
citty, Borrough, and particular plantation do obtaine unto themselves by
just means a certine number of the natives' children to be educated by
them in true religion and civile course of life---of which children the most
towardly boyes in witt and graces of nature to be brought up by them in
the first elements of litterature, so to be fitted for the Colledge intended for
them that from thence they may be sente to that worke of conversion.
As touching the busines of planting corne this present Assembly doth
ordain that yeare by yeare all and 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 of which duty he shalbe subjecte to the
censure of the Governor and Counsell of Estate. Provided always that
the first yeare of every newe man this lawe shall not be of force.
About the plantation of Mulbery trees, be it enacted that every man as
he is seatted upon his division, doe for seven yeares together, every yeare
plante and maintaine in growte six Mulberry trees at the least, and as many
more as he shall think conveniente and as his vurtue and Industry shall
move him to plante, and that all suche persons as shall neglecte the yearly
planting and maintaining of that small proportion shalbe subjecte to the
censure of the Governour and the Counsell of Estate.
Be it farther enacted as concerning Silke-flaxe, that those men that are
upon their division or setled habitation doe this next yeare plante and
dresse 100 plantes, which being founde a comodity, may farther be in-
creased. And whosoever do faill in the performance of this shalbe subject
to the punishment of the Governour and Counsell of Estate.
For hempe also both English and Indian and for English flax and
Anniseeds, we do require and enjoine all householders of this Colony that
have any of those seeds to make tryal thereof 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 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 many as need shall
require, suche 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 one being payde according to the quality 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 made in England between the owners
of the lande and their Tenants and Servantes which they shall sende
hither, may be caused to be duely performed, and that the offenders be
punished as the Governour and Counsell of Estate shall thinke just and
convenient.
Be it established also by this present Assembly that no crafty or advanta-
gious means be suffered to be put in practise for the inticing awaye the
Tenants or Servants of any particular plantation from the place where
they are seatted. And that it shalbe the duty of the Governor and Coun-
sell of Estate most severely to punish both the seducers and the seduced,
and to returne these latter into their former places.
Be it further enacted that the orders for the Magazin lately made be
exactly kepte, and that the Magazin be preserved from wrong and sinister
practises, and that according to the orders of courte in Englande all To-
bacco and sasafras be brought by the Planters to the Cape marchant till
suche time as all the goods nowe or heretofore sent for the Magazin be
taken off their hands at the prices agreed on. That by this meanes the
same going for Englande with one hande the price thereof may be uphelde
the better. And to that ende that all the whole Colony may take notice
of the last order of Courte made in Englande and all those whom it con-
cerneth may knowe howe to observe it, we holde it fitt to publishe it here
for a lawe among the rest of our lawes. The which order is as followeth:
Upon the 26 of October, 1618, it was ordered that the Magazin should
continue during the terme formerly prefixed and that certaine abuses now
complained of should be reformed and that for preventing of all Imposi-
tions save the allowance of 25 in the hundred proffitt, the Governor shall
have an invoice as well as the Cape Marchant, that if any abuse in the
sale of the goods be offered, wee upon Intelligence and due examination
thereof, shall see it correctede. And for incouragement of particular
hundreds, as Smythe's hundred, Martin's hundred, Lawnes' hundred, and
the like, it is agreed that what comodoties are reaped upon anie of these
General Colonies, it shalbe lawefull for them to returne the same to their
owne adventurers. Provided that the same comodity be of their owne
growing, without trading with 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 shalbe bought by the said particular Colonies
before any other goods which shall be sente by private men. And it was
moreover ordered that if the lady la warre, the Lady Dale, Captain Bar-
grave and the rest, would unite themselves into a settled Colony they
might be capable of the same priviledges that are graunted to any of the
foresaid hundreds. Hitherto the order.
All 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 Mar-
chant do 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 have at any time any necessary comodity which the
Magazine dothe wante, it shall and may be lawfull for any of the Colony
to buye the said necessary comodity of the said party, but upon the termes
of the Magazin viz: allowing no more gaine then 25 in the hundred, and
that with the leave of the Governour. Provided lastly, that it may be
lawfull for the Governor to give leave to any Mariner, or any other person
that shall have any suche necessary comodity wanting to the Magazin to
carrie home for Englande so muche Tobacco or other naturall comodities
of the Country 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, be it enacted, and by these
presents we doe enacte, that if upon the Judgement of fower sufficient
men of any incorporation where the Magazine 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 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, 1619.
This morning a thirde sorte of lawes (suche as might proceed out of
every man's private conceipt) were read and referred by halves to the same
comitties which were from the beginning.
This done, Captaine William Powell presented to the Assembly a petition
to have justice against a lewde and trecherous servante of his who
by false accusation given up in writing to the Governor sought not only
to gett 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 pettition to the generall Assem-
bly against one Thomas Garnett, a servant of his, not onely for extreame
neglect of his business to the great loss and prejudice of the said Captaine,
and for openly and impudently abusing his house, in sight both of Master
and Mistress, through wantonnes with a woman servant of theirs, a wid-
dowe, but also for falsely accusing him to the Governor both of Drunken-
nes and Thefte, and besides for bringing all his fellow servants to testifie
on his side, wherein they justly failed him. It was thought fitt by the
general assembly (the Governour himself giving sentence), that he should
stand fower dayes with his eares nayled to the Pillory, viz: Wednesday,
Aug. 4th, and so likewise Thursday, fryday, and Satturday next following,
and every of those dayes should be publiquely whipped. Now, as touch-
ing 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 instruc-
tions, were read, and one by one thoroughly examined, and then passed
once again the general consente of the whole Assembly.
This afternoon the comitties brought in a reporte, what they had done as
concerning the thirde sorte of lawes, the discussing whereof spente the
residue of that daye. Excepte onely the consideration of a pettiton of
Mr. John Rolfes againste Captaine John Martine for writing a letter to
him wherein (as Mr. Rolfe alledgeth) he taxeth him both unseemly and
amisse of certaine thinges wherein he was never faulty, and besides, casteth
some aspersion upon the present government, which is the most temperate
and juste that ever was in this country, too milde indeed, for many of this
Colony, whom unwoonted liberty hath made insolente and not to know
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 himself also 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 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 which I am nowe
coming to sett downe, were read over [and] thoroughly discussed, which,
together with the former, did now passe the laste and finall consente of the
General Assembly.
A thirde sorte of lawes, suche as may issue out of every man's private conceipte.
It shalbe free for every man to trade with the Indians, servants onely
excepted, upon paine of whipping, unless the Mr. will redeeme it off with
the payment of an Angell, one-fourth parte whereof to go to the Provost
Marshall one fourth parte to the discoverer, and the other moyty to the
publique uses of the Incorporation.
That no man doe sell or give any of the greatter howes to the Indians,
or any English dog of quality, as a mastive, greyhound, bloodhounde, lande
or water spaniel, or any other dog or bitche whatsoever, of the Englishe
race, upon paine of forfaiting 5s sterling to the publique uses of the Incor-
poration 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 is proved,
without all redemption.
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 without first having made the Governor or comaunder
of the same place acquainted therwith, upon paine of paying twenty
shillings to the publique uses of the same Incorporation where the party
delinquent dwelleth.
That no man shall purposely goe to any Indian townes, habitations or
places or resortes without leave from the Governor or comaunder of
that place wher 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 nexte ensueing come or sende to the Secretary of Estate 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 Secre-
tary of Estate. Also, whatsoever Mrs or people doe come over to this
plantation that within one month of their arrivall (notice being first given
them of this very lawe) they shall likewise resorte to the Secretary of
Estate 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 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 Governor and Counsell of Estate; likewise, where there
be no ministers, that the comanders of the place doe supply the same duty.
No man, without leave of the Governor, shall kill any Neatt cattle
whatsoever, young or olde, especially kine, Heyfurs or cow-calves, and
shalbe careful to perserve their steers and oxen, and to bring them to the
plough and such profitable uses, and without 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 neighbors' boates, oares, or canoas
without leave from the owner shalbe helde and esteemed as a felon and so
proceeded againste; tho 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 shall be accounted Petty larcency.
All ministers shall duely read divine service, and exercise their min-
isterial function according to the Ecclesiastical lawes and orders of the
churche of Englande, and every Sunday in the afternoon shall Catechize
suche as are not yet ripe to come to the Com. And whosoever of them
shalbe found negligent or faulty in this kinde shalbe subject to the censure
of the Governor and Counsell of Estate.
The Ministers and Churchwardens shall seeke to presente all ungodly
disorders, the comitters wherofe if, upon goode admonitions and milde
reprooff, they will not forbeare the said skandalous offenses, as suspicions
of whordomes, dishonest company keeping with weomen and suche like,
they are to be presented and punished accordingly.
If any person after two warnings, doe not amende his or her life in
point of evident suspicion of Incontincy or of the comission of any other
enormous sinnes, that then he or shee be presented by the Churchwardens
and suspended for a time from the churche by the minister. In which
Interim if the same person do not amende and humbly submit him or her-
self to the churche, he is then fully to be excomunicate and soon after a
writt or warrant to be sent from the Governor for the apprehending of
his person ande seizing on all his goods. Provided alwayes, that all the
ministers doe meet once a quarter, namely, at the feast of St. Michael the
Arkangell, of the nativity of our saviour, of the Annuntiation of the blessed
Virgine, and about midsomer, at James citty or any other place where the
Governor shall reside, to determine whom it is fitt to excomunicate, and
that they first presente their opinion to the Governor ere they proceed to
the acte of excomunication.
For the reformation of swearing, every freeman and Mr. of a family
after thrise admontion shall give 5s or the value upon present demaunde,
to the use of the church where he dwelleth; and every servant after the
like admontion, excepte his Mr. discharge the fine, shalbe subject to
whipping. Provided, that the payment of the fine notwithstanding, 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, or any other parte on this side, the same shall pre-
sume to pass by, either by day or by night, without touching firste here at
James citty to knowe whether the Governor will comande him any service.
And the like shall they performe that come from Kicawtan ward, or from
any place between this and that, to go upwarde, upon paine of forfaiting
ten pound sterling a time to the Governor. Provided, that if a servant
having had instructions from his Master to observe this lawe, doe not-
withstanding, transgresse the same, that then the said servant shalbe pun-
ished at the Governor's discretion; otherwise, that the master himselfe
shall undergo the foresaid penalty.
No man shall trade into the baye, either in shallop, pinnace, or ship, with-
out the Governor's license, and without 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 Governor
and Counsell of Estate.
All persons whatsoever upon the Sabaoth daye shall frequente divine
service and sermons both forenoon and afternoon, and all suche as beare
armes shall bring their pieces swordes, poulder and shotte. And every one
that shall transgresse this lawe shall forfaicte three shillinges 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 Mr'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 without either the
consent of her parents, or of her Mr or Mris, or of the magistrate and
minister of the place both together. And whatsoever minister shall marry
or contracte any suche persons without some of the foresaid consentes
shalbe subjecte to the severe censure of the Governor and Counsell of
Estate.
Be it enacted by this 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 his said former contracte depart from his Mr without
leave, or, being once imbarked shall abandon the ship he is appointed to
come in, and so, being lefte behinde, shall putt 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 with his former Mr
according to his covenant.
Here ende the lawes.
All these lawes being thus concluded and consented to as aforesaid
Captaine Henry Spellman 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 which accusations of Poole some he acknowledged for true,
but the greattest part he denyed. Whereupon the General Assembly
having throughly heard and considered his speaches, did constitute this
order following against him:
Aug. 4th, 1619.
This day Captaine Henry Spelman 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 and
Opochancano at Poole's meeting with him in Opochancano's courte.
Poole chardgeth him he spake very unreverently and maliciously against
this present Governor, whereby the honour and dignity of his place and
person, and so of the whole Colonie, might be brought into contempte, by
which 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, and that was that he hade informed
Opochancano that within a yeare there would come a Governor greatter
then this that nowe is in place. By which and by other reportes it seemeth
he hath alienated the minde of Opochancano from this present Governour,
and brought him in much disesteem, both with Opochancano 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 which might, perhaps both
speedily and deservedly, have taken his life from him (upon the witness of
one whom he muche excepted against) were pleased, for the present, to
censure him rather out of that his confession above written then out of
any other prooffe. Several and sharpe punishments were pronounced
against him by diverse of the Assembly, But in fine the whole courte by
voices united did encline to the most favorable, which was that for this
misdemeanour he should first be degraded of his title of Captaine, at the
head of the troupe, and should be condemned to performe seven years
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 offenses, nor yet any thankfulness to
the Assembly for theire sofavourable censure, which he at one time or
another (God's grace not wholly abandoning him) might with some one
service have been able to have redeemed.
This day also did the Inhabitants of Paspaheigh, alias Argall's towne,
present a petition to the general assembly to give them an absolute dis-
charge from certain bondes wherein they stand bound to Captain Samuell
Argall for the payment of 600lb and to Captain William Powell, at Captaine
Argall's appointment, for the payment of 50lb more. To Captaine Argall
for 15 skore acres of wooddy ground, called by the name of Argal's towne
or Paspaheigh; to Captaine Powell in respect of his paines in clearing the
grounde and building the houses, for which Captaine Argal ought to have
given him satisfaction. Nowe, the general assembly being doubtful
whether they have any power and authority to discharge the said bondes,
doe by these presents (at the Instance of the said Inhabitants of Pas-
paheigh, alias Martin's hundred people) become most humble sutours to
the Treasurer, Counsell and Company in England that they wilbe pleased
to gett the said bondes for 600
lb to be cancelled; forasmuche as in their
great comission they have expressly and by name appointed that place of
Paspaheigh for parte of the Governour's lande. And whereas Captain
William Powell is payde his 50 which Captain Argall enjoined the saide
Inhabitantes to presente him with, as parte of the bargaine, the general
assembly, at their intreaty, do become sutours on their behalfe, that
Captaine Argall, by the Counsell and Company in England, may be com-
pelled either to restore the said 50
lb from thence, or else that restitution
thereof 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:
Aug. 4th, 1619.
It is fully agreed at this general Assembly that in regard of the great
paines and labour of the Speaker of this Assembly (who not onely first
formed the same Assembly and to their great ease and expedition reduced
all matters to be treatted of into a ready method, but also his indisposition
notwithstanding wrote or dictated all orders and other expedients and is
yet to write severall bookes for all the Generall Incorporations and planta-
tions both of the great charter, and of all the lawes) and likewise in respecte
of the diligence 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 sergeant 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 the Provost
Marshall of James citty hath also given some attendance upon the said
General 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 the Speaker (as nowe
he doth) to present their humble excuse to the Treasurer Counsell and
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 the fidelity of their speaker, who therin
(his conscience telles him) hath done the parte of an honest man, otherwise
he would be easily founde out by the Burgesses themselves, who with 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 a space they could bring their matter to no more perfec-
tion, 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 poor endevour, and their wisedome
wilbe ready to supporte the weakness of this little flocke.
Thirdly, the General Assembly doth humbly beseech the said Treas-
urer, Counsell and Company, that albeit it belongeth to them onely to
allowe or to abrogate any lawes which we shall here make, and that it is
their right so to doe, yet that it would please them not to take it in ill parte
if these lawes which we have now brought to light, do passe currant and
be of force till suche time as we may knowe their farther pleasure out of
Englande: for otherwise this people (who nowe at length have gotten the
raines 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, that the said Counsell and Company would
be pleased, so soon as they shall finde it convenient, to make good their
promise sett downe at the conclusion of their commission for establishing
the Counsel of Estate and the General Assembly, namely, that they will
give us power to allowe or disallowe of their orders of Courte, as his
Majesty hath given them power to allowe or to reject our lawes.
In sume Sir George Yeardley, the Governour prorogued the said
General Assembly till the firste of Marche, which is to fall out this present
yeare of 1619, and in the mean season dissolved the same.
