_For Flowerdieu hundred_

E-text prepared by Mark C. Orton, Thomas Strong, and the Project Gutenberg

Online Distributed Proofreading Team (http://www.pgdp.net)

Transcriber's Note:

Obvious mis-spellings and printing errors have been corrected.

Variant spellings of the same word have been retained.

With the exception of Note 263, which was retained to facilitate the

numbering of footnotes, corrections indicated on the "Errata" page

have been made.

Notes 50 and 287, and pages iii and iv mentioned in "Errata," are

notes 59 and 297, and pages 67 and 68 respectively herein.

Superscripts are indicated with by the carat character ^.

Superscripts containing more than one letter are enclosed by

curly brackets (^{}).

Footnotes, which are numerous, are placed immediately following

the paragraph in which they appear.

The word, "negors", is not believed to be a typographical error.

A missing, censored, or omitted word on page 17 has been shown

by ----.

"See note p. 37" in Footnote 1 and "see note pp. 48, 49" in

Footnote II have been changed to "See note Q" and "see note CC"

respectively to conform to the footnote numbering in this document.

SENATE DOCUMENT.--(Extra.)

COLONIAL RECORDS OF VIRGINIA.

Baltimore

Genealogical Publishing Co.

1964

Originally Published

Richmond, Va:

R.F. Walker, Superintendent Public Printing.

1874.

CONTENTS.

I. The First Assembly of Virginia, held July 30, 1619, 9

II. List of the livinge and the dead in Virginia, Feb'y 16, 1623, 37

III. A briefe declaration of the plantation of Virginia, during the

first twelve years, when Sir Thomas Smith was Governor

of the Company, 69

IV. A list of the number of men, women and children, inhabitants

in the several Counties within the Collony of Virginia, in

1634, 91

V. A letter from Charles II., acknowledging the receipt of a

present of Virginia Silk, 1668, 97

VI. A list of the Parishes in Virginia, 1680, 103

VII. Addenda, 105

ERRATA.

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

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

Page 23.--Omit the whole of note 263.

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

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

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

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

Page iii.--In Preface to Brief Declaration, lines fourteen and

seventeen, for Smythe read Smith.

Page iii.--_Ib._, line 29, for Kieth read Keith.

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

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

THE PROCEEDINGS

OF THE

FIRST ASSEMBLY OF VIRGINIA,

_Held July 30th, 1619._

INTRODUCTION.

The documents herewith presented are printed from copies obtained from

the Public Record Office of Great Britain. When the question of the

boundary line between Maryland and Virginia was before the Legislature

of the latter State, in 1860, Colonel Angus W. McDonald was sent to

England to obtain the papers necessary to protect the interests of

Virginia. He brought back "nine volumes of manuscripts and one book

containing forty-eight maps" (see his report, Virginia Legislative

Documents, No. 39, 1861,). The volumes of manuscripts contained, upon an

average, 425 pages each, and were filled with valuable historical

documents, of many of which no copies had ever been seen on this

continent since the originals were sent from the Colony of Virginia. In

a conversation with the writer, held soon after his return from England,

in March, 1861, Colonel McDonald stated that having obtained copies of

all the documents relating to the question of the boundary line which

could be found, and having more money left of the appropriation made

than was needed to pay the expenses of his return home, he decided to

devote the surplus to obtaining copies of papers relating to the early

history of the State, without reference to the question of the boundary

line. This statement will, we presume, satisfactorily account for the

presence in his collection of such papers as do not relate to the

subject upon which he was engaged. That he was well qualified to select

such papers is evident from an examination of the list which he made

out.

During the occupation of the State capital building by the Federal

troops and officials, after the surrender of the Confederate authorities

in April, 1865, a very large quantity of the official documents filed in

the archives of the State were removed from that building, and at the

same time four of the nine volumes and the portfolio of maps above

mentioned. Nothing has been heard from any of them since. In 1870, the

question of the boundary line being again before the Legislature of

Virginia, the Governor sent the Hon. D.C. De Jarnette upon the same

errand that Colonel McDonald had so well performed, and the result was

the obtaining of such papers as he could find relating to the subject

under consideration, including duplicates of some of those which though

useful in this connection, are included in the five volumes remaining of

those collected by Col. McDonald; also, charters of great length, but

which are to be found in print in the histories and statutes of the

State, and many of the miscellaneous papers which Colonel McDonald had

copied under the circumstances above named. Among the latter is the

account of the first meeting of the Assembly at Jamestown in 1619. When

Colonel McDonald visited the State Paper Office (as it was then called)

in 1860, this great repository of historical materials had not been

thrown open to the public, and he tells us in his report that it was

"twenty days after his arrival in London before he could obtain

permission to examine the archives of the State Paper Office." A year or

two afterwards all of the restrictions which had existed were removed,

the papers arranged chronologically, and an index made by which they

could be referred to. Farther, W. Noel Sainsbury, Esq., one of the

officers of what is now called the Public Record Office, had published a

calendar of all the papers relating to the British colonies in North

America and the West Indies, from the first discoveries to 1660 (soon be

followed by another coming down to the period of the independence of the

United States), which contains a brief abstract of every paper included

in the above named period, so that enquirers upon subjects embraced in

this calendar can by reference see what the office has on file relating

to it, and obtain copies of the documents required, at a much less cost

than a voyage to England. Acting upon this knowledge, the Library

Committee of the Virginia Legislature has made a contract with Mr.

Sainsbury for copies of the titles and copious abstracts of every paper

in the Public Record Office, and other repositories, which relates to

the history of Virginia while a Colony. All of which he proposes to

furnish for about L250, being less than one-half the cost of either of

the missions sent, which have obtained only a small fraction of the

papers which we are to receive. He is performing his work in a most

satisfactory manner; so much is he interested in the task that he has

greatly exceeded his agreement by furnishing gratuitously full and

complete copies of many documents of more than ordinary interest. Yet

notwithstanding the known facilities afforded by the British Government

and its officials, Mr. De Jarnette complains that he was refused

permission to examine the Rolls Office and the State Paper Office (see

his report, Senate Documents Session 1871-'2, p. 12); and further, on

page 15, he informs us that the papers which he obtained "had to be dug

from a mountain of Colonial records with care and labor." His troubles

were further increased by the fact that "the Colonial papers are not

arranged under heads of respective Colonies, but thrown promiscuously

together and constitute an immense mass of ill kept and badly written

records," ib. p. 22.

The reader will infer from the preceding remarks that the State has two

complete copies of the record of the proceedings of the first Assembly

which met at Jamestown, viz: the McDonald and the De Jarnette copies,

and also an abstract furnished by Mr. Sainsbury. Bancroft, the

historian, obtained a copy of this paper, which was printed in the

collections of the New York Historical Society for 1857. We have

therefore been enabled to compare three different versions, and in a

measure, a fourth. The De Jarnette copy being in loose sheets, written

on one side only, was selected as the most convenient for the printer,

and the text is printed from it. Where this differs from either of the

others the foot notes show the differences, and, when no reference is

made it is because all of them correspond.

When these papers were submitted as a part of the report of the

Commissioners on the Boundary Line a joint resolution was adopted by

both houses of the Legislature authorizing the Committee on the Library

to print such of the papers as might be selected, provided the consent

of the Commission could be obtained. Application was made to allow the

first and second papers in this pamphlet to be printed but it was

refused. The Commission having been dissolved the Committee on the

Library have assumed the responsibility and herewith submit this

instalment of these interesting documents, which were written before the

Colony of Maryland was known, and all of which, save the first, were

never before printed.

The Report of the proceedings of the first Assembly is prefaced with the

introductory note published with Mr. Bancroft's copy, to which a few

notes explanatory have been added.

Trusting that this instalment of these historical records of the Ancient

Dominion will be acceptable to the students of our early history, and

sufficiently impress the members of the Legislature with their value to

move them to make an appropriation sufficient to print all that has been

obtained, this is

Respectfully submitted,

by your obedient servants,

THOS. H. WYNNE, }

Chm. Senate Com. on Library, }

} _Sub Committee in_

W.S. GILMAN, Charge of Library. } _Charge of Library._

Chm. House Com. on Library. }

_INTRODUCTORY NOTE._

Virginia, for twelve years after its settlement, languished under the

government of Sir Thomas Smith, Treasurer of the Virginia Company in

England. The Colony was ruled during that period by laws written in

blood; and its history shows how the narrow selfishness of despotic

power could counteract the best efforts of benevolence. The colonists

suffered an extremity of distress too horrible to be described.

In April, 1619, Sir George Yeardley arrived. Of the emigrants who had

been sent over at great cost, not one in twenty then remained alive. "In

James Citty were only those houses that Sir Thomas Gates built in the

tyme of his government, with one wherein the Governor allwayes dwelt,

and a church, built wholly at the charge of the inhabitants of that

citye, of timber, being fifty foote in length and twenty foot in

breadth." At Henrico, now Richmond, there were no more than "three old

houses, a poor ruinated Church, with some few poore buildings in the

Islande."[1] "For ministers to instruct the people, he founde only three

authorized, two others who never received their orders." "The natives he

founde uppon doubtfull termes;" so that when the twelve years of Sir

Thomas Smith's government expired, Virginia, according to the

"judgements" of those who were then members of the Colony, was "in a

poore estate."[A]

From the moment of Yeardley's arrival dates the real life of Virginia.

He brought with him "Commissions and instructions from the Company for

the better establishinge of a Commonwealth heere."[B] He made

proclamation, "that those cruell lawes by which we" (I use the words of

the Ancient Planters themselves) "had soe longe been governed, were now

abrogated, and that we were to be governed by those free lawes which his

Majesties subjectes live under in Englande." Nor were these

considerations made dependent on the good will of administrative

officers.

"And that they might have a hande in the governinge of themselves," such

are the words of the Planters, "yt was graunted that a generall

Assemblie shoulde be helde yearly once, whereat were to be present the

Gov^r and Counsell w^{th} two Burgesses from each Plantation, freely to

be elected by the Inhabitants thereof, this Assemblie to have power to

make and ordaine whatsoever lawes and orders should by them be thought

good and proffitable for our subsistance."[C]

In conformity with these instructions, Sir George Yeardley "sente his

summons all over the country, as well to invite those of the Counsell of

Estate that were absente, as also for the election of Burgesses;"[D] and

on Friday, the 30th day of July, 1619, the first elective legislative

body of this continent assembled at James City.

In the relation of Master John Rolfe, inserted by Captain John Smith in

his History of Virginia,[E] there is this meagre notice of the Assembly:

"The 25 of June came in the _Triall_ with Corne and Cattell in all

safety, which tooke from vs cleerely all feare of famine; then our

gouernor and councell caused Burgesses to be chosen in all places and

met at a generall Assembly, where all matters were debated thought

expedient for the good of the Colony."

This account did not attract the attention of Beverley, the early

historian of Virginia, who denies that there was any Assembly held there

before May, 1620.[F]

The careful Stith, whose work is not to be corrected without a hearty

recognition of his superior diligence and exemplary fidelity, gives an

account[G] of this first legislative body, though he errs a little in

the date by an inference from Rolfe's narrative, which the words do not

warrant.

The prosperity of Virginia begins with the day when it received, as "a

commonwealth," the freedom to make laws for itself. In a solemn address

to King James, which was made during the government of Sir Francis

Wyatt, and bears the signature of the Governor, Council, and apparently

every member of the Assembly, a contrast is drawn between the former

"miserable bondage," and "this just and gentle authoritye which hath

cherished us of late by more worthy magistrates. And we, our wives and

poor children shall ever pray to God, as our bounden duty is, to give

you in this worlde all increase of happines, and to crowne you in the

worlde to come w^{th} immortall glorye."[H]

A desire has long existed to recover the record of the proceedings of

the Assembly which inaugurated so happy a revolution. Stith was unable

to find it; no traces of it were met by Jefferson; and Hening,[I] and

those who followed Hening, believed it no longer extant. Indeed, it was

given up as hopelessly lost.

Having, during a long period of years, instituted a very thorough

research among the papers relating to America in the British State Paper

Office, partly in person and partly with the assistance of able and

intelligent men employed in that Department, I have at last been so

fortunate as to obtain the "Proceedings of the First Assembly of

Virginia."[5] the document is in the form of "a reporte" from the

Speaker; and is more fall and circumstantial than any subsequent

journal of early legislation in the Ancient Dominion.

Many things are noticeable. The Governor and Council sat with the

Burgesses; and took part in motions and debates. The Secretary of the

Colony was chosen Speaker, and I am not sure that he was a Burgess.[6]

This first American Assembly set the precedent of beginning legislation

with prayer. It is evident that Virginia was then as thoroughly a Church

of England colony, as Connecticut afterwards was a Calvinistic one. The

inauguration of legislative power in the Ancient Dominion preceded the

existence of negro slavery, which we will believe it is destined also to

survive. The earliest Assembly in the oldest of the original thirteen

States, at its first session, took measures "towards the erecting of" a

"University and Colledge." Care was also taken for the education of

Indian children. Extravagance in dress was not prohibited, but the

ministers were to profit by a tax on excess in apparel. On the whole,

the record of these Proceedings will justify the opinion of Sir Edward

Sandys, that "they were very well and judiciously carried." The

different functions of government may have been confounded and the laws

were not framed according to any speculative theory; but a perpetual

interest attaches to the first elective body representing the people of

Virginia, more than a year before the Mayflower, with the Pilgrims, left

the harbor of Southampton, and while Virginia was still the oldest

British Colony on the whole Continent of America.

GEORGE BANCROFT.

NEW YORK, _October 3, 1856_.

[A] "A Briefe Declaration of the Plantation of Virginia during the first

twelve yeares, when Sir Thomas Smyth was Governor, of the Companie, and

downe to this present tyme. By the Ancient Planters now remaining alive

in Virginia."--_MS. in my possession._[2]

[B] "A Briefe Declaration," &c.

[C] "A Briefe Declaration," &c.

[D] "Proceedings of the first Assembly," now first printed in this

volume.

[1] "Henrico, now Richmond," is a grievous error. "Henrico, or Henricus,

was situated ten miles below the present site of Richmond, on the main

land, to which the peninsula known as Farrar's Island was joined." See

footnote Q.--ED.

[2] This document is the third in this collection. It is printed from

the copy obtained by Col. McDonald.--ED.

[E] Smith's Generall Historie of Virginia, Richmond edition, Vol. ii.

pp. 38, 39.

[F] See Beverley's History of Virginia, p. 37 of the first edition, and

p. 35 of the second.[3]

[G] Stith's History of Virginia p. 160, Williamsburg edition.[4]

[H] MS. Copy of Address of Sir Francis Wyatt, &c., &c., to King James

I., signed by Sir Francis Wyatt and 32 others.

[I] Hening's Statutes at Large, I., p. 119. refers to the acts of

1623-'4 as "the earliest now extant."

[3] "These Burgesses met the Governor and Council at Jamestown in 1620,

and sat in consultation in the same house with them as the method of the

Scots Parliament is." "This was the first Generall Assembly that ever

was held there."--Beverley.--ED.

[4] "And about the latter end of June (1619) he (Sir George Yeardley,

Governor,) called the first General Assembly that was ever held in

Virginia. Counties were not yet laid of, but they elected their

representatives by townships. So that the Burroughs of Jamestown,

Henrico, Bermuda Hundred, and the rest, each sent their members to the

Assembly." * * * * "and hence it is that our lower house of Assembly was

first called the House of Burgesses," Stith, p. 160. "In May, this year

(1620), there was held another Generall Assembly, which has, through

mistake, and the indolence and negligence of our historians in searching

such ancient records as are still extant in the country, been commonly

reported the first General Assembly," Ib. p. 182. We do not see that

Stith "errs" even "a little in the data." Rolfe says, "The 25 of June

came in the _Triall_ with Corne and Cattell in all safety, which took

from us cleerely all feare of famine, then our gouernor and councell

caused Burgesses to be chosen in all places, and met at a general

Assembly," Smith, p. 128. Stith says, "And about the latter end of June

he called," &c., Stith, p. 160. Neither intimate _when_ the Assembly

_met_, only that the governor called them to the latter part of

June.--ED.

[5] The first published notice of the existence of this paper occurred

in the proceedings of the annual meeting of the Virginia Historical

society, held December 15, 1853. In the report of the Executive

Committee the chairman, Conway Robinson, Esq., states that he had seen

the original report in the State Paper Office in London, on a recent

visit to that city.--See Virginia Historical Reporter, Vol. I., 1854.

Whatever question there may be in regard to priority of discovery, it is

to be regretted that it was left to the Historical Society of another

State to publish a document of so much value to the one to which it

solely relates.--ED.

[6] The Secretary of the Colony and Speaker of the first Assembly was

John Pory. If he had been one of the Burgesses his name would have

appeared with the others. Through the influence of the Earl at Warwick

he was made Secretary to the Virginia Company. Campbell says, "He was

educated at Cambridge, where he took the Master of Arts in April, 1610.

It is supposed he was a member of the House of Commons. He was much of a

traveller, and was at Venice in 1613, at Amsterdam in 1617, and shortly

after at Paris." "Sir George Yeardley appointed him one of his

Council."--Campbell, p. 139. The record shows that he acted as the

presiding officer of the first Assembly, whether _ex officio_ or by

selection is not stated. It will be seen that a typographical error in

Bancroft's pamphlet makes his name Povy. In Smith's General Historie

there is a paper styled "The observations of Master John Pory,

Secretarie of Virginia, in his travels;" it gives an account of his

voyage to the eastern shore.--Smith, p. 141. Neill says of him, "John

Pory was a graduate of Cambridge, a great traveller and good writer, but

gained the reputation of being a chronic tipler and literary vagabond

and sponger." When young he excited the interest of Hakluyt, who, in a

dedication to the third volume of his, remarks: "Now, because long since

I did foresee that my profession of Divinitie, the care of my family;

and other occasions, might call or divert me from these kind of

endeavour, I, therefore have, for these three years last past,

encouraged and gathered in these studies of Cosmographia and former

histories my honest, industrious and learned friend, Mr. John Porey, one

of speciall skill and extraordinary hope, to perform great matters in

the same, and beneficial to the Commonwealth." "Pory, in 1600, prepared

a _Geographical History of Africa_, but he soon disappointed the

expectations of his friends."

A letter from London, dated July 26, 1623, says: "Our old acquaintance,

Mr. Porey, is in poore case, and in prison at the Terceras, whither he

was driven by contrary winds, from the north coast of Virginia, where he

had been upon some discovery, and upon his arrival he was arraigned and

in danger of being hanged for a pirate." "He died about 1635." For

further particulars from contemporary authorities, see Neill's History

of the Virginia Company of London. Albany, Munsell, 1869.--ED.

COLONIAL RECORDS OF VIRGINIA.

STATE PAPERS.

COLONIAL. VOL. I.--NO. 45.

[July 30, 1619.][J]

_A Reporte of the manner of proceeding[K] in the General

assembly convented at James citty in Virginia, July 30, 1619,

consisting of the Governo^r, the Counsell of Estate[L] and two

Burgesses elected out of eache Incorporation and Plantation,

and being dissolved the 4^{th} of August next ensuing._

First. Sir George Yeardley, Knight Governo^r & Captaine general of

Virginia, having sente his sumons all over the Country, as well to

invite those of the Counsell of Estate that were absente as also for the

election of Burgesses, there were chosen and appeared

_For James citty_

Captaine William Powell,

Ensigne William Spense.

_For Charles citty_

Samuel Sharpe,

Samuel Jordan.

_For the citty of Henricus_

Thomas Dowse,

John Polentine.

[J] The caption is after the De Jarnette copy. Bancroft has "S.P.O."

(State Paper Office.) "Am'a & W. Ind. Virg.: Indorsed, Mr. Povy out of

Virginia. The Proceedings of the First Assembly of Virginia: July 1619."

Sainsbury's Calendar of State papers: Colonial, 1574-1660, has,

"_Endorsed by Mr. Carleton_. Mr. Pory out of Virginia."--p. 22.

[K] Proceedings. Bancroft.

[L] State. McDonald.

_For Kiccowtan_

Captaine William Tucker,

William Capp.

_For Martin Brandon--Capt. John Martin's Pla'tation_

M^r Thomas Davis,

M^r Robert Stacy.

_For Smythe's hundred_

Captain Thomas Graves,

M^r Walter Shelley.

_For Martin's hundred_

M^r John Boys,[7]

John Jackson.

_For Argall's guiffe_[8]

M^r Pawlett,

M^r Gourgaing.[9]

_For Flowerdieu hundred_

Ensigne[10] Rossingham,

M^r Jefferson.

_For Captain Lawne's plantation_

Captain Christopher Lawne,

Ensigne[11] Washer.

_For Captaine Warde's plantation_

Captaine Warde,

Lieutenant Gibbes.

The most convenient place we could finde to sitt in was the Quire of the

Churche Where Sir George Yeardley, the Governour, being sett downe in

his accustomed place, those of the Counsel of Estate sate nexte him on

both handes, excepte onely the Secretary then appointed Speaker, who

sate right before him, John Twine, clerke[12] of the General assembly,

being placed nexte the Speaker, and Thomas Pierse, the Sergeant,

standing at the barre, to be ready for any service the Assembly shoulde

comaund[13] him. But forasmuche as men's affaires doe little prosper

where God's service is neglected, all the Burgesses tooke their places

in the Quire till a prayer was said by Mr. Bucke, the Minister, that it

would please God to guide and sanctifie all our proceedings[14] to his

owne glory and the good of this Plantation. Prayer being ended, to the

intente that as we[15] had begun at God Almighty, so we[16] might

proceed w^{th} awful and due respecte towards the Lieutenant, our most

gratious and dread Soveraigne, all the Burgesses were intreatted to

retyre themselves into the body of the Churche, w^{ch} being done,

before they were fully admitted, they were called in order and by name,

and so every man (none staggering at it) tooke the oathe of Supremacy,

and then entred[17] the Assembly. At Captaine Warde the Speaker tooke

exception, as at one that without any Comission or authority had seatted

himselfe either upon the Companies, and then his Plantation would not be

lawfull, or on Captain Martin's lande, and so[18] he was but a limbe or

member of him, and there could be but two Burgesses for all. So Captaine

Warde was comanded to absente himselfe till such time as the Assembly

had agreed what was fitt for him to doe. After muche debate, they

resolved on this order following:

[7] Boyes, McDonald.

[8] Guiste, Bancroft.

[9] Gourgainy, McDonald and Bancroft.

[10] Ensign, Bancroft.

[11] Ensign, Bancroft.

[12] Clerk, McDonald.

[13] Comand, McDonald.

[14] Proceedinges, Bancroft.

[15] wee, McDonald.

[16] wee, McDonald.

[17] entered, McDonald.

[18] soe, McDonald.

An order concluded by the General assembly concerning Captaine

Warde, July 30^{th},[19] 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 had adventured his owne person in the action,

and since that time had brought home a good[20] quantity of fishe, to

relieve the Colony by waye of trade, and above all, because the

Comission for authorising the General Assembly admitteth of two

Burgesses out of every plantation w^{th}out restrainte or exception.

Upon all these considerations, the Assembly was contented to admitt of

him and his Lieutenant (as members of their body and Burgesses) into

their society. Provided, that the said Captaine Warde, w^{th} all

expedition, that is to saye between this and the nexte general assembly

(all lawful impediments excepted), should procure from the Tresurer,[21]

Counsell and Company in England a comission lawfully to establish[22]

and plant himselfe and his Company as the Chieffs[23] of other

Plantations have done. And in case he doe neglect this he is to stande

to the censure of the nexte generall assembly. To this Captaine Warde,

in the presence of us all, having given his consente and undertaken to

performe the same, was, together w^{th} his Lieutenant, by voices of the

whole Assembly first admitted to take the oath of Supremacy, and then to

make up their number and to sitt amongst them.

[19] 30, Bancroft.

[20] goode, McDonald.

[21] Treasurer, McDonald.

[22] establishe, McDonald, Bancroft.

[23] Chiefes, McDonald.

This being done, the Governour himselfe alledged that before we

proceeded any further it behooved us to examine whither it were fitt,

that Captaine Martin's Burgesses shoulde[24] have any place in the

Assembly, forasmuche as he hath a clause in his Patente w^{ch} doth not

onely exempte him from that equality and uniformity of lawes and orders

w^{er}[25] the great charter faith are to extende[26] over the whole

Colony, but also from diverse such lawes as we must be enforced[27] to

make in the General Assembly. That clause is as followeth: Item. That it

shall and may be lawfull to and for the said Captain John Martin, his

heyers, executours and assignes to governe and comaunde all suche[28]

person or persons as at this time he shall carry over with him, or that

shalbe[29] sente him hereafter, free from any comaunde of the Colony,

excepte it be in ayding and assisting the same against[30] any forren or

domestical enemy.

[24] should, Bancroft.

[25] W^{ch}, McDonald and Bancroft.

[26] extend, Bancroft.

[27] inforced, McDonald.

[28] such, McDonald.

[29] shall be, McDonald.

[30] ag^{st}, McDonald.

Upon the[31] motion of the Governour, discussed the same time in the

assembly, ensued this order following:

An order of the General Assembly touching a clause in

Captain[32] 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[33] Martin's Patent[34] was produced by the Govern^{or}[35] out

of a Clause whereof it appeared that when the general[36] assembly had

made some kinde of lawes requisite for the whole Colony, he and his

Burgesses and people might deride the whole company and chuse whether

they would obay[37] the same or no.[M] It was therefore ordered in

Courte that the foresaid two Burgesses should w^{th}drawe themselves out

of the assembly till suche time as Captaine Martin had made his

personall appearance before them. At what time, if upon their motion, if

he would be contente to quitte and give over that parte of his Patente,

and contrary therunto woulde submitte himselfe to the general forme of

governemente as all others did, that then his Burgesses should be

readmitted, otherwise they were utterly to be excluded as being spies

rather than[43] loyal Burgesses, because they had offered themselves to

be assistant at the making of[44] lawes w^{ch} both themselves and those

whom they represented might chuse whether they would obaye[45] or not.

[M] The following passage is a side note on the margin of the McDonald

and De Jarnette copies, but Bancroft includes it in the text:--The

authority of Captaine[38] Martin's Patent graunted by the Counsell &

Company under their Comon[39] Seale, being of an higher condition[40]

and of greatter[41] force then any Acte of the General[42] Assembly.

[31] this, McDonald and Bancroft.

[32] Captaine, McDonald.

[33] Captaine, McDonald.

[34] Patente, McDonald and Bancroft.

[35] Governour, McDonald and Bancroft.

[36] Generall, McDonald and Bancroft.

[37] obey, McDonald; obaye, Bancroft.

[38] Capt., McDonald.

[39] Common, McDonald.

[40] comission, McDonald.

[41] greater, McDonald.

[42] Generall.

[43] then, McDonald.

[44] of the, McD.

[45] obeye, McDonald; obaye, Bancroft.

Then came there in a complainte against Captain[46] Martin, that having

sente his Shallop to trade for corne into the baye, under the commaunde

of one Ensigne Harrison, the saide Ensigne should affirme to one Thomas

Davis, of Paspaheighe,[47] Gent. (as the said Thomas Davis deposed upon

oathe,) that they had made a harde voiage, had they not mett w^{th} a

Canoa coming out of a creeke where their shallop could not goe. For the

Indians refusing to sell their Corne, those of the shallop entered the

Canoa w^{th} their armes and tooke it by force, measuring out the corne

w^{th} a baskett they had into the Shallop and (as the said Ensigne

Harrison saith) giving them satisfaction in copper beades[48] and other

trucking stuffe.

Hitherto Mr. Davys upon his oath.

[46] Captaine, McDonald and Bancroft.

[47] Paspaheighs, McDonald, Banc'ft.

[48] beads, McDonald.

Furthermore it was signified from Opochancano to the Governour that

those people had complained to him to procure them justice.[49] For

w^{ch} considerations and because suche[50] outrages as this might

breede danger and loss[51] of life to others of the Colony w^{ch} should

have leave to trade in the baye hereafter, and for prevention of the

like violences against the Indians in time to come, this order following

was agreed on by the general assembly:

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

1619.

It was also ordered by the Assembly the same daye that in case Captaine

Martin and the ging of his shallop would[52] not throughly answere an

accusation of an outrage comitted against a certaine Canoa of Indians in

the baye, that then it was thought reason (his Patent,[53]

notw^{th}standing the authority whereof, he had in that case abused) he

shoulde[54] from henceforth take leave of the Governour[55] as other

men, and should putt[56] in security, that his people shall comitte no

such[57] outrage any more.

[49] iustice, McDonald.

[50] such, McDonald.

[51] losse, McDonald.

[52] could, McDonald, Bancroft.

[53] Patente, McDonald and Bancroft.

[54] should, Bancroft.

[55] Governor, McDonald.

[56] put, McDonald.

[57] suche, McDonald and Bancroft.

Upon this a letter or warrant was drawen in the name of the whole

assembly to sumon Captaine Martin to appeare before them in forme

following:

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

Captaine Martine, we are to request[59] you upon sight hereof,

with all convenient speed to repaire hither to James citty to

treatt and conferre w^{th} us about some matters of

especial[60] importance, w^{ch} concerns[61] 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.

[58] Governour, Bancroft.

[59] request, McDonald.

[60] especiall, McDonald.

[61] concerne, McDonald and Bancroft.

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[62] done, he read unto them the comission for

establishing the Counsell of Estate and the general[63] Assembly,

wherein their duties were described to the life.

Having thus prepared them, he read over unto them the greate Charter, or

comission of priviledges, orders and lawes, sent by Sir George Yeardley

out of Englande.[64] Which[65] for the more ease of the Committies,

having divided into fower books, he read the former two the same

forenoon for expeditious[66] sake, a second time over, and so they were

referred to the perusall of twoe Comitties, w^{ch} did reciprocally

consider of either, and accordingly brought in their opinions. But some

man may here objecte to what ende we should presume to referre that to

the examination of Comitties w^{ch} the Counsell and Company in

England[67] had already resolved to be perfect, and did expecte

nothing[68] but our assente thereunto?[69] To this we answere, that we

did it not to the ende to correcte or controll anything therein

contained, but onely in case we should finde ought not perfectly

squaring w^{th} the state of this Colony or any lawe w^{ch} did presse

or binde too harde, that we might by waye of humble petition, seeke to

have it redressed, especially because this great Charter is to binde us

and our heyers for ever.

[62] W^{ch}, McDonald.

[63] Gen^{ll}, McDonald.

[64] The substance of these will be found in the paper, "A briefe

Declaration," &c. See post.--.

[65] W^{ch}, McDonald.

[66] expeditions, Bancroft.

[67] Englande, McDonald.

[68] nothinge, McDonald.

[69] thereunto, McDonald and Bancroft.

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,[N]

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.

[N] Lawne, McDonald, and Bancroft, the list of Burgesses on p. 10,

showing this to be proper.

* * * * *

After dinner the Governo^r and those that were not of the Comitties[70]

sate a seconde time, while the said Comitties[71] were employed in the

perusall of those twoe bookes. And whereas the Speaker had propounded

fower severall objects for the Assembly to confider on: namely, first,

the great charter of orders, lawes and priviledges; Secondly, which of

the instructions given by the Counsel in England to my lo: la:

warre,[72] Captain Argall or Sir George Yeardley, might conveniently

putt on the habite of lawes; Thirdly, what lawes might issue out of the

private conceipte of any of the Burgesses, or any other of the Colony;

and lastly, what petitions were[73] fitt to be sente home for England.

It pleased the Governou^r[74] for expedition[75] sake to have the second

objecte[76] of the fower to be examined & prepared by himselfe and the

Non-Comitties. Wherin after having spente some three howers'[77]

conference, the twoe Committies[78] brought in their opinions concerning

the twoe former bookes, (the second of which beginneth at these wordes

of the Charter: And forasmuche as our intente is to establish one equall

and uniforme kinde of government over all Virginia &c.,)[79] w^{ch} the

whole Assembly, because it was late, deferred to treatt[80] of till the

next morning.

[70] Comittees, McDonald.

[71] Comittees, McDonald.

[72] Lord le Warre, McDonald.

[73] we, McDonald.

[74] Governor, McDonald.

[75] expeditions, McDonald, also Bancroft.

[76] obiecte, McDonald.

[77] houres, McDonald.

[78] two Comittees, McDonald.

[79] The McDonald copy includes in () all of this from "the second of

which" to "Charter," and another single ) after &c. The De Jarnette copy

has one) only after &c. Bancroft includes what is adopted in this text.

[80] McDonald has breath.

SATTURDAY, July 31.

The nexte daye, therefore, out of the opinions of the said

Comitties,[81] it was agreed, these[82] Petitions ensuing should be

framed, to be presented to the Treasurer, Counsel & Company in England.

Upon the Comitties'[83] perusall of the first booke,[84] the General[85]

Assembly doe become most humble suitours to their lo^{ps} and to the

rest of that hon^{ble} Counsell and renowned Company, that albeit they

have bene pleased[86] to allotte unto the Governo^r[87] to themselves,

together w^{th} the Counsell of Estate here, and[88] to the officers of

Incorporations, certain lande[89] portions of lande to be layde out

w^{th}in the limites of the same, yet that[90] they woulde vouchsafe

also,[91] that[92] groundes as heretofore had bene granted by patent to

the antient[93] Planters by former Governours that had from the Company

received comission[94] so to doe, might not nowe after so muche labour

and coste, and so many yeares habitation be taken from them. And to the

ende that no man might doe or suffer any wrong in this kinde, that they

woulde favour us so muche (if they meane to graunte this our petition)

as to sende us notice, what comission or authority for graunting of

landes they have given to eache[95] particular Governour in times paste.

[81] Comittees, McDonald.

[82] those, McDonald.

[83] Comittees, McDonald.

[84] book, McDonald.

[85] Generall, McDonald.

[86] pleas'd, McDonald.

[87] Govern^r, McDonald; Gov^r, Bancroft.

[88] &, McDonald.

[89] large, McDonald.

[90] Bancroft omits "that."

[91] alsoe, Bancroft.

[92] McDonald has such and Bancroft suche after that.

[93] ancient, McDonald.

[94] Comiss^n, Bancroft.

[95] each, Bancroft.

The second petition of the General assembly framed by the Comitties[96]

out of the second book is. That the Treasurer[97] & Company in England

would be pleased w^{th} as muche convenient speed[98] as may be to sende

men hither to occupie their landes belonging to the fower

Incorporations, as well for their owne[99] behoofe and proffitt as for

the maintenance of the Counsel[100] of Estate, who are nowe[101] to

their extream hindrance often drawen far from their private busines and

likewise that they will have a care to sende[102] tenants to the

ministers of the fower Incorporations to manure their gleab, to the

intente that the allowance they have allotted them of 200 G.[103] a

yeare may the more easily be raised.

[96] Comittess, McDonald.

[97] Tresurer, McDonald.

[98] speede, McDonald.

[99] own, Bancroft.

[100] Counsell, McDonald and Bancroft.

[101] now, McDonald.

[102] send, McDonald.

[103] L200, Bancroft.

The thirde Petition humbly presented by this General Assembly to the

Treasurer, Counsell & Company is, that it may plainely be expressed in

the great Comission (as indeed it is not) that the antient Planters of

both sortes, viz., suche as before Sir Thomas Dales' depart[104] were

come hither upon their owne chardges,[105] and suche also as were

brought hither upon the Companie's coste, maye have their second, third

and more divisions successively in as lardge and free manner as any

other Planters. Also that they wilbe pleased to allowe to the male

children, of them and of all others begotten in Virginia, being the

onely hope of a posterity, a single share a piece, and shares for their

issues or[106] for themselves, because that in a newe plantation it is

not knowen whether man or woman be the more necessary.

[104] In the McDonaldcopy this was just written departure, then "ure"

crossed out with a pen, and the word made department. Bancroft has

departure.

[105] Charges, McDonald.

[106] McDonald and Bancroft both have "wives as," instead of "issues

or," the former being evidently the proper words.

Their fourth Petition is to beseech the Treasurer, Counsell & Company

that they would be pleased to appoint a Sub-Tresurer[107] here to

collecte their rents,[108] to the ende that[109] the Inhabitants of this

Colony be not tyed to an impossibility of paying the same yearly to the

Treasurer in England, and that they would enjoine the said Sub-Treasurer

not precisely according to the letter of the Charter to exacte mony of

us (whereof we have none at all, as we have no minte), but the true

value of the rente in comodity.

[107] Treasurer, McDonald.

[108] rentes, McDonald, Bancroft.

[109] McDonald and Bancroft both omit that.

The fifte Petition is to beseeche the Treasurer, Counsell & Company

that, towards the erecting of the University and Colledge, they will

sende, when they shall thinke[110] it most convenient, workmen of all

sortes, fitt for that purpose.

[110] McDonald and Bancroft omit it.

The sixte and laste is, they wilbe[111] pleased to change the savage

name of Kiccowtan, and to give that Incorporation a newe name.

[111] will be, McDonald.

These are the general Petitions drawen by the Comitties out of the two

former bookes w^{ch} the whole general assembly in maner and forme

above[112] sett downe doe most humbly offer up and present[113] to the

honourable construction of the Treasurer, Counsell and Company in

England.

[112] sette, Bancroft.

[113] presente, McDonald and Bancroft.

These petitions thus concluded on, those twoe Comitties broughte me[114]

a reporte what they had observed in the two latter bookes, w^{ch} was

nothing else but that the perfection of them was suche as that[115] they

could finde nothing therein subject to exception, only the

Governo^{rs}[116] particular opinion to my selfe in private hathe bene

as touching a clause in the thirde booke, that in these doubtfull times

between us and the Indians, it would beehoove[117] us not to make

as[118] lardge distances between Plantation and Plantation as ten miles,

but for our more strength ande security to drawe nearer together.

[114] In, McDonald, Bancroft.

[115] McDonald and Bancroft omit that.

[116] Govn^{rs}, McDonald; Gov^{rs}, Bancroft.

[117] Behoove, McDonald, Bancroft.

[118] So, McDonald, Bancroft.

At the same time, there remaining no[119] farther scruple in the mindes

of the Assembly touching the said great Charter of lawes, orders and

priviledges, the Speaker putt the same to the question, and so it had

both the general assent and the applause of the whole assembly, who, as

they professed themselves in the first place most submissively thankfull

to almighty god, therefore so they commaunded the Speaker to returne (as

nowe he doth) their due and humble thankes to the Treasurer, Counsell

and company for so many priviledges and favours as well in their owne

names as in the names of the whole Colony whom they represented.

[119] Noe, McDonald.

This being dispatched we fell once more[120] debating of suche

instructions given by the Counsell in England to several[121]

Governo^{rs}[122] as might be converted into lawes, the last whereof was

the Establishment of the price of Tobacco, namely, of the best at

3d[123] and the second at 18d the pounde. At the reading of this the

Assembly thought good to send for Mr. Abraham Persey, the Cape marchant,

to publishe this instruction to him, and to demaunde[124] of him if he

knewe of any impediment why it might not be admitted of? His

answere[125] was that he had not as yet received any suche order from

the Adventurers of the[126] ---- in England. And notw^{th}standing he

sawe the authority was good, yet was he unwilling to yield, till suche

time as the Governo^r[127] and Assembly had layd their commandment upon

him, out of the authority of the foresaid Instructions as followeth:

By the General Assembly.

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[128] and Company in

Englande at a general quarter courte, both by[129] voices and under

their hands[130] and the Comon seall,[131] and given to Sir George

Yeardley, knight, this present governour, Decemb.[132] 3, 1618, that

you are bounde to accepte of the Tobacco of the Colony, either for

commodities or upon billes,[133] at three shillings the beste[134] and

the second sorte at 18d the pounde, and this shalbe[135] your sufficient

dischardge.

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

[120] McDonald and Bancroft insert to.

[121] Severall, McDonald.

[122] Govern^{rs}, McDonald; Gov., Bancroft.

[123] The text, which follows the De Jarnette copy, is evidently wrong.

The McDonald copy is blotted and illegible. Bancroft has 3.s. and

Sainsbury's abstract the same.

[124] Demand, McDonald.

[125] Answer, McDonald, Bancroft.

[126] McDonald and Bancroft both fill the space with Magazin.

[127] Gov^r, McDonald, Bancroft.

[128] Counsell, Treasurer, McDonald.

[129] McD. inserts the.

[130] handes, McD.

[131] seale, McD., Bft.

[132] Dec^r, McDonald.

[133] bills, McDonald.

[134] best, McDonald.

[135] shall be, McDonald.

[136] 31st, Bancroft.

At the same[137] the Instructions convertible into lawes were referred

to the consideration of the above named Committies,[138] viz., the

general Instructions to the first Committie[139] and the particular

Instructions to the second, to be returned by them into the assembly on

Munday morning.

[137] McDonald and Bancroft insert time.

[138] Committees, McDonald.

[139] Committee, McDonald.

SUNDAY, Aug. 1.

Mr. Shelley, one of the Burgesses, deceased.

MUNDAY,[140] Aug. 2.

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