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.