July 30,) made his personall appearance at the barre, whenas the Speaker
having first read unto him the orders of the Assembly that concerned
him, he pleaded lardgely for himself[142] to them both and
indevoured[143] to answere some other thinges[144] that were objected
against[145] his Patente. In fine, being demanded out of the former
order whether he would quitte that clause of his Patent[146] w^{ch}
(quite otherwise then Sir William Throckmorton's, Captain Christopher
Dawnes'[147] and other men's patentes) exempteth himselffe and his
people from all services of the Colonie excepte onely in case of warre
against[148] a forren or domesticall enemie. His answere[149] was
negative, that he would not infringe any parte[150] of his Patente.
Whereupon it was resolved by the Assembly that his Burgesses should have
no admittance.
[140] Monday, McDonald and Bancroft.
[141] Friday, McDonald.
[142] himselfe, McDonald and Bancroft.
[143] & indeavoured, McDonald.
[144] things, McDonald.
[145] ag^{st}, McDonald.
[146] Patente, McDonald and Bancroft.
[147] Lawnes, Bancroft, see p. 10.
[148] ag^{st}, McDonald.
[149] answer, Bancroft.
[150] part, McDonald and Bancroft.
To the second order his answere was affirmative, namely, that (his
Patent[151] notwithstanding) whensoever he should send into the baye to
trade, he would[152] be contente to putt in security to the
Governour[153] for the good behaviour of his people towardes[154] the
Indians.
[151] patente, McDonald.
[152] woulde, McDonald.
[153] Gov^r, Bancroft.
[154] towards, Bancroft.
It was at the same time further ordered by the Assembly that the
Speaker, in their names, should (as he nowe doth[155]) humbly
demaunde[156] of the Treasurer, Counsell[157] and Company an exposition
of this one clause in Captaine[158] Martin's Patente, namely, where it
is saide That he is to enjoye[159] his landes in as lardge[160] and
ample manner, to all intentes and[161] purposes, as any lord of any
manours in England dothe holde his grounde out of w^{ch} some have
collected that he might by the same graunte protecte men from paying
their debts and from diverse other dangers of lawe. The least the
Assembly can alledge against this clause is, that it is obscure, and
that it is a thing impossible for us here to knowe the Prerogatives of
all the manours in Englande. The Assembly therefore humbly beseeche[162]
their lo^{pps}[163] and the rest of that hon^{ble} house[164] that in
case they shall finde any thing in this or in any other parte of his
graunte wherby that clause towardes the conclusion of the great charter,
(viz., that all grauntes aswell of the one sorte as of the other
respectively, be made w^{th} equall favour, & graunts[165] of like
liberties & imunities[166] as neer as may be, to the ende that all
complainte[167] of partiality and indifferency[168] may be avoided,)
might[169] in any sorte be contradicted or the uniformity and
equality[170] of lawes and[171] orders extending over the whole Colony
might be impeached, That they would be pleased to remove any such
hindrance as may diverte out of the true course the free and[172]
publique current of Justice.
[155] doe, McDonald.
[156] demande, McDonald.
[157] Council, McDonald.
[158] Capt., Bancroft.
[159] enjoy, McDonald and Bancroft.
[160] large, McDonald, Bancroft.
[161] &, McDonald.
[162] beseecheth, McDonald and Bancroft.
[163] Lop^s, McDonald; Lo^{ps}, Bancroft.
[164] bourde, McDonald and Bancroft.
[165] grants, McDonald.
[166] immunities, McDonald.
[167] complaintes, McDonald, Bancroft.
[168] unindifferency, McDonald, Bancroft.
[169] mighte, McDonald.
[170] equallity, McDonald.
[171] &, McDonald.
[172] &, McDonald and Bancroft.
Upon the same grounde and[173] reason their l^{ops}, together with the
rest of the Counsell[174] and Company, are humbly besought[175] by this
general[176] assembly that if in that other clause w^{ch} exempteth
Captaine[177] Martin and his people from all services of the Colony &c.,
they shall finde any resistance against[178] that equality and[179]
uniformity of lawes and orders intended nowe by them to be established
over the whole Colony, that they would be pleased to reforme it.
[173] &, McDonald.
[174] Councill, McDonald.
[175] besoughte, McDonald.
[176] the Generall, McDonald.
[177] Captain, Bancroft.
[178] ag^{st}, McDonald.
[179] &, McDonald.
In fine, wheras[180] Captaine[181] Martin, for those ten shares allowed
him for his personal[182] adventure and[183] for his adventure of L70
besides, doth claim 500 acres a share, that the Treasurer, Counsell and
Company woulde vouchsafe to give notice to the Governour[184] here, what
kinde[185] of shares they meante he should have when they gave him his
Patent.[186]
[180] whereas, McDonald.
[181] Captaine, McDonald; Capt., Bancroft.
[182] personall, McDonald.
[183] &, McDonald.
[184] Govern^r, McDonald.
[185] kind, McDonald.
[186] Patente, McDonald.
The premisses about Captaine Martin thus resolved, the Committies[187]
appointed to consider what instructions are fitt to be converted into
lawes, brought in their opinions, and[188] first of some of the
general[189] instructions.
[187] Comittee, McDonald.
[188] &, McDonald.
[189] generall, McDonald.
Here begin the lawes drawen out of the Instructions given by
his Mat^{ies} Counsell of Virginia in England to my lo: la
warre,[190] Captain Argall and Sir George Yeardley, knight.
[190] Lo. La Warre, McDonald and Bancroft.
By this present Generall Assembly be it enacted, that no[191] injury or
oppression be wrought by the Englishe[192] against[193] the Indians
whereby the present peace might be disturbed and antient quarrells might
be revived. And farther[194] be it ordained, that the Chicohomini are
not to be excepted out of this lawe; untill either that suche[195] order
come out of Englande, or that they doe provoke us by some newe injury.
[191] Noe, McDonald.
[192] Englishe, Bancroft.
[193] ag^{st}, McDonald.
[194] further, McDonald.
[195] such, McDonald.
Against Idlenes, Gaming, durunkenes & excesse in apparell the Assembly
hath enacted as followeth:
First, in detestation of Idlenes[196] be it enacted, that if any men be
founde to live as an Idler or renagate, though a freedman, it
shalbe[197] lawfull for that Incorporation or Plantation to w^{ch} he
belongeth to appoint him a M^r to serve for wages, till he shewe
apparant signes of amendment.
[196] Idlers, McDonald.
[197] shall be, McDonald.
Against gaming at dice[198] & Cardes be it ordained by this present
assembly that the winner or winners shall lose all his or their
winninges and[199] both winners and loosers shall forfaicte[200] ten
shillings a man, one ten shillings whereof to go to the discoverer, and
the rest to charitable & pious uses in the Incorporation where the
faulte[201] is comitted.
[198] and, Bancroft.
[199] As the McDonald copy has & in every instance where the other two
have and, the reader will bear this in mind and it will not be again
repeated.
[200] forfaite, McDonald.
[201] faults are, McDonald.
Against drunkenness be it also decreed that if any private person be
found culpable thereof, for the first time he is to be reprooved
privately by the Minister, the second time publiquely, the thirde time
to lye in boltes 12 howers in the house of the Provost Marshall & to
paye his fee,[202] and if he still continue in that vice, to undergo
suche severe punishment as the Governo^r[203] and Counsell of Estate
shall thinke fitt to be inflicted on him. But if any officer offende in
this crime, the first time he shall receive a reprooff from the
Governour, the second time he shall openly be reprooved in the churche
by the minister, and the third time he shall first be comitted and then
degraded. Provided it be understood that the Govern^r[204] hath
alwayes[205] power to restore him when he shall, in his discretion
thinke fitte.
[202] fees, McDonald.
[203] Gover^{nr}, McDonald; Govern^r, Bancroft.
[204] Gover^{nr}, McDonald; Govern^r, Bancroft.
[205] alwaies, McDonald; always, Bancroft.
Against excesse in[206] apparell that every man be cessed in the churche
for all publique contributions, if he be unmarried according to his owne
apparrell, if he be married, according to his owne and his wives, or
either of their apparell.
[206] of, McDonald.
As touching the instruction[207] of drawing some of the better disposed
of the Indians to converse w^{th} our people & to live and labour
amongst[208] them, the Assembly who knowe[209] well their dispositions
thinke it fitte to enjoine,[210] least to counsell those of the Colony,
neither utterly to rejecte them nor yet to drawe them to come in. But in
case they will of themselves come voluntarily to places well peopled,
there to doe service in killing of Deere, fishing, beatting of Corne and
other workes, that then five or six may be admitted into every such
place, and no more, and that w^{th} the consente[211] of the Governour.
Provided that good[212] guarde[213] in the night be kept upon them, for
generally (though some amongst many may proove[214] good) they are a
most trecherous people and quickly gone when they have done a villany.
And it were fitt[215] a housewe builte for them to lodge in aparte[216]
by themselves, and lone inhabitants by no meanes[217] to entertaine
them.
[207] instructions, McDonald and Bancroft.
[208] among, McDonald.
[209] know, McDonald.
[210] at inserted by Bancroft.
[211] with consente, McDonald.
[212] goode, Bancroft.
[213] guard, McDonald.
[214] prove, McDonald.
[215] fitte, Bancroft.
[216] apart, McDonald.
[217] means, Bancroft.
Be it enacted by this present assembly that for laying a surer
foundation of the conversion of the Indians to Christian Religion, eache
towne, citty, Borrough, and particular plantation do obtaine unto
themselves by just means a certaine number of the natives' children to
be educated by them in true religion and civile course of life--of
w^{ch} children the most towardly boyes in witt & graces of nature to be
brought up by them in the first elements of litterature, so[218] to be
fitted for the Colledge intended for them that from thence they may be
sente[219] to that worke of conversion.
[218] as, inserted by Bancroft.
[219] sent, McDonald.
As touching the busines of planting corne this present Assembly doth
ordaine that yeare by yeare all & every householder and householders
have in store for every servant he or they shall keep, and also for his
or their owne persons, whether they have any Servants or no, one spare
barrell of corne, to be delivered out yearly, either upon sale or
exchange as need shall require. For the neglecte[220] of w^{ch} duty he
shalbe[221] subjecte to the censure of the Govern^r[222] and Counsell of
Estate. Provided alwayes that the first yeare of every newe man this
lawe shall not be of[223] force.
[220] neglect, McDonald.
[221] shall be, McDonald.
[222] Governour, McDonald and Bancroft.
[223] in, McDonald.
About the plantation of Mulbery trees, be it enacted that every man as
he is seatted[224] upon his division, doe for seven yeares together,
every yeare plante and maintaine in growte[225] six[226] Mulberry trees
at the least,[227] and as many more as he shall thinke conveniente and
as his virtue[228] & Industry shall move him to plante, and that all
suche persons as shall neglecte the yearly planting and maintaining of
that small proportion shalbe[229] subjecte to the censure of the
Governour & the Counsell of Estate.
[224] seated, McDonald.
[225] growth, McDonald.
[226] sixe, McDonald and Bancroft.
[227] leaste, McDonald and Bancroft.
[228] vertue, McDonald.
[229] shall be, McDonald.
Be it farther[230] enacted as concerning Silke-flaxe, that those men
that are upon their division or setled[231] habitation doe this
next[232] yeare plante & dresse 100 plantes, w^{ch} being founde a
comedity,[233] may farther be increased. And whosoever do faill in the
performance of this shalbe[234] subject to this punishment of the
Governour[235] & Counsell of Estate.
[230] further, McDonald.
[231] settled, McDonald.
[232] next, McDonald.
[233] comodity, McDonald and Bancroft.
[234] shall be, McDonald.
[235] Gover^{nor}, McDonald.
For hempe also both Englishe & Indian, and for Englishe[236] flax &
Anniseeds, we do[237] require and enjoine all householders of this
Colony that have any of those seeds[238] to make tryal thereofe the
nexte season.
[236] English, Bancroft.
[237] wee doe, McDonald.
[238] seedes, Bancroft.
Moreover be it enacted by this present Assembly, that every householder
doe yearly plante and maintaine ten vines untill they have attained to
the art and experience of dressing a Vineyard either by their owne
industry or by the Instruction of some Vigneron. And that upon what
penalty soever the Governo^r[239] and Counsell of Estate shall thinke
fitt to impose upon the neglecters of this acte.
[239] Governour, McDonald and Bancroft.
Be it also enacted that all necessary tradesmen, or so[240] many as need
shall require, suche[241] as are come over since the departure of Sir
Thomas Dale, or that shall hereafter come, shall worke at their trades
for any other man, each[242] one being payde according to the
quality[243] of his trade and worke, to be estimated, if he shall not be
contented, by the Governo^r and officers of the place where he worketh.
[240] soe, McDonald.
[241] such, Bancroft.
[242] eache, McDonald and Bancroft.
[243] qualitye, Bancroft.
Be it further ordained by this General Assembly, and we doe by these
presents enacte, that all contractes[244] made in England between the
owners of lande and their Tenants and Servantes w^{ch} they shall
sende[245] hither, may be caused to be duely[246] performed, and that
the offenders be punished as the Governour[247] and Counsell of Estate
shall thinke just and convenient.
[244] contracts, McDonald.
[245] send, McDonald.
[246] duly, McDonald.
[247] Gover^{nr}, McDonald.
Be it established also by this present Assembly that no crafty or
advantagious means be suffered to be putt in practise for the inticing
awaye the Tenants or[248] Servants of any particular plantation from the
place where they are seatted. And that it shalbe[249] the duty of the
Governo^r[250] & Counsell of Estate most severely to punishe both the
seducers and the seduced, and to returne[251] these latter into their
former places.
[248] &, McDonald.
[249] shall be, McDonald.
[250] Gover^{nr}, McDonald; Governour, Bancroft.
[251] return, Bancroft.
Be it further enacted that the orders for the Magazin[252] lately made
be exactly kepte, and that the Magazin be preserved from wrong[253] and
sinister practises, and that according to the orders of courte in
Englande[254] all Tobacco and sassafras be brought[255] by the Planters
to the Cape marchant till suche time as all the goods[256] nowe or
heretofore sent for the Magazin be taken off their handes at the prices
agreed on. That by this meanes[257] the some[258] going for
Englande[259] with[260] one hande, the price thereof may be uphelde[261]
the better. And to the ende that all the whole Colony may take notice of
the last order of Courte made in Englande and all those whom it
concerneth may knowe[262] howe[263] to observe it, we[264] holde it fitt
to publishe it here for a lawe[265] among the rest of our lawes. The
w^{ch}[266] order is as followeth:
Upon the 26[267] of October, 1618, it was ordered that the Magazin[268]
should continue during[269] the terme formerly prefixed, and that
certaine[270] abuses now complained of should be reformed, and that for
preventing of all Impositions save the allowance of 25 in the hundred
proffitt, the Governo^r[271] shall have an invoice as well as the Cape
Marchant, that if any abuse in the sale of the[272] goods be offered,
wee,[273] upon Intelligence and due examination thereof, shall see it
correctede. And for the incouragement[274] of particular hundreds, as
Smythe's hundred, Martin's hundred, Lawnes' hundred, and the like, it is
agreed that what comodities are reaped upon anie of these General[275]
Colonies, it shalbe lawefull for them to returne the same to their owne
adventurers. Provided that the same[276] comodity be of their owne
growing, w^{th}out trading w^{th} any other, in one entyre lumpe and not
dispersed, and that at the determination of the jointe stocke, the goods
then remaining in the Magazin[277] shalbe[278] bought by the said
particular Colonies before any other goods w^{ch} shall be sente by
private men. And it was moreover ordered that if the lady la warre, the
Lady Dale, Captain Bargrave and the rest, would unite themselves into a
settled[279] Colony they might be capable of the same priviledges that
are graunted to any of the foresaid hundreds. Hitherto the order.
[252] magazine, McDonald.
[253] wronge, McDonald.
[254] England, McDonald.
[255] Sassafras brought, McDonald; to be brought, Bancroft.
[256] goodes, Bancroft.
[257] means, Bancroft.
[258] same, McDonald and Bancroft.
[259] England, McDonald.
[260] into, McDonald and Bancroft.
[261] upheld, Bancroft.
[262] know, McDonald.
[263] how, McDonald.
[264] wee, McDonald.
[265] Law, McDonald.
[266] which, McDonald.
[267] 26th, McDonald and Bancroft.
[268] Magazine, McDonald.
[269] duringe, McDonald.
[270] certain, Bancroft.
[271] Governour, McDonald and Bancroft.
[272] the, omitted by McDonald.
[273] wee, McDonald, Bancroft.
[274] encouragement, McDonald.
[275] severall, McDonald; several, Bancroft; this word evidently the
proper one.
[276] said, McDonald, Bancroft.
[277] magazine, McDonald.
[278] shall be, McDonald.
[279] setled, Bancroft.
All[280] the general Assembly by voices concluded not only the
acceptance and observation of this order, but of the Instruction also to
Sir George Yeardley next preceding the same. Provided first, that the
Cape Marchant do[281] accepte of the Tobacco of all and everie the
Planters here in Virginia, either for Goods or upon billes of Exchange
at three shillings the pounde the beste, and 18d the second sorte.
Provided also that the billes be only payde in Englande. Provided, in
the third place, that if any other besides the Magazin[282] have at any
time any necessary comodity w^{ch} the Magazine doth wante, it shall and
may be lawfull for any of the Colony to buye[283] the said necessary
comodity of the said party, but upon the termes of the Magazin[284] viz:
allowing no more gaine then 25 in the hundred, and that with the leave
of the Governour. Provided lastely,[285] that it may be lawfull[286] for
the Govern^r[287] to give leave to any Mariner, or any other person,
that shall have any suche necessary comodity wanting to the Magazin[288]
to carrie home for England so muche[289] Tobacco or other naturall
comodities of the Country[290] as his Customers shall pay him for the
said necessary comodity or comodities. And to the ende we may not only
persuade and incite men, but inforce them also thoroughly and loyally
to aire their Tobacco before they bring it to the Magazine,[291] be it
enacted, and by these presents we doe enacte, that if upon the Judgement
of power sufficient even of any incorporation where the Magazine[292]
shall reside, (having first taken their oaths to give true sentence,
twoe whereof to be chosen by the Cape Marchant and twoe by the
Incorporation,) any Tobacco whatsoever shall not proove[293] vendible at
the second price, that it shall there imediately be burnt before the
owner's face. Hitherto suche lawes as were drawen out of the
Instructions.
[280] And, Bancroft.
[281] doe, McDonald.
[282] magazine, McDonald.
[283] buy, McDonald.
[284] magazine, McDonald.
[285] lastly, McDonald.
[286] lawful, McDonald.
[287] Governour, McDonald and Bancroft.
[288] As this word is spelt by McDonald in every instance with the final
e this note will not be repeated.
[289] much, McDonald.
[290] countrey, McDonald.
[291] Magazin, Bancroft.
[292] do., do.
[293] prove, Bancroft.
TUESDAY, Aug. 3,[294] 1619.
This morning a thirde[295] sorte of lawes (suche as might proceed out of
every man's private conceipt[296]) were read and referred by halves to
the same comitties[297] w^{ch} were from the beginning.
[294] 3rd, Bancroft.
[295] third, Bancroft.
[296] conceipte, McDonald and Bancroft.
[297] comittees, McDonald.
This done, Captaine[298] William Powell presented to the Assembly a
petition to have justice against a lewde[299] and trecherous servante of
his who by false accusation given up in writing to the Governo^r[300]
sought not onely to gett[301] him deposed from his government of James
citty and utterly (according to the Proclamation) to be degraded from
the place and title of a Captaine, but to take his life from him also.
And so out of the said Petition sprang this order following:
Captaine William Powell presented a Petition to the generall[302]
Assembly against[303] one Thomas Garnett, a servant of his, not onely
for extreame neglect of his business to the great loss[304] and
prejudice of the said Captaine, and for openly and impudently abusing
his house, in sight both of Master and Mistresse, through wantonnes[305]
w^{th} a woman servant of theirs, a widdowe, but also for falsely
accusing him to the Governo^r[306] both of Drunkenes &[307] Thefte, and
besides for bringing all[308] his fellow servants to testifie[309] on
his side, wherein they justly failled[310] him. It was thought fitt by
the general assembly (the Governour himselfe[311] giving sentence), that
he should stand[312] fower dayes with his eares nayled to the Pillory,
viz: Wednesday, Aug. 4^{th}, and so likewise Thursday, fryday and
Satturday[313] next following, and every of those fower dayes should be
publiquely whipped. Now, as touching the neglecte of his worke, what
satisfaction ought to be made to his M^r for that is referred to the
Governour and Counsell of Estate.
[298] Capt., Bancroft.
[299] lewd, McDonald.
[300] Governour, McDonald and Bancroft.
[301] get, McDonald.
[302] General, McDonald.
[303] ag^{st}, McDonald.
[304] losse, McDonald and Bancroft.
[305] wantonnes, McDonald; wantonness, Bancroft.
[306] Governour, McDonald and Bancroft.
[307] McDonald omits the &; Bancroft, nor and.
[308] McDonald omits the all.
[309] certifie, Bancroft.
[310] failed, McDonald, Bancroft.
[311] himself, McDonald.
[312] stande, McDonald, Bancroft.
[313] Saturday, Bancroft.
The same morning the lawes abovewritten, drawen out of the instructions,
were read, and one by one thoroughly examined, and then passed once
again[314] the general[315] consente of the whole Assembly.
[314] againe, McDonald, Bancroft.
[315] generall, McDonald, Bancroft.
This afternoon the committies brought in a reporte, what they had done
as concerning the third sorte of lawes, the discussing whereof spente
the residue of that daye. Excepte onely the consideration of a petition
of M^r John Rolfes againste Captaine John Martine[316] for writing a
letter to him wherein (as M^r Rolfe alledgeth) he taxeth him both
unseemly[317] and amisse of certaine thinges[318] wherein he was never
faulty, and besides, casteth some aspersion upon the present government,
w^{ch} is the most temperate and juste[319] that ever was in this
country, too milde, indeed, for many of[320] this Colony, whom
unwoonted[321] liberty hath made insolente and not to knowe[322]
themselves. This Petition of M^r Rolfes' was thought fitt to be referred
to the Counsell of State.
[316] Martin, McDonald.
[317] unseemingly, Bancroft.
[318] things, McDonald, Bancroft.
[319] just, McDonald.
[320] in, McDonald.
[321] unwonted, McDonald.
[322] know, McDonald.
WEDENSDAY, Aug. 4^{th}.