and by that meanes of the alteration of the healthes of diverse of the
general Assembly) the Governour, who[323] himselfe also[324] was not
well, resolved should be the last of this first session; so in the
morning the Speaker (as he was required by the Assembly) redd over all
the lawes and orders that had formerly passed the house, to give the
same yett one reviewe[325] more, and to see whether there were any thing
to be amended or that might be excepted againste. This being done, the
third sorte of lawes w^{ch} I am nowe coming[326] to sett downe, were
read over throughly[327] discussed, w^{ch}, together w^{th} the former,
did now passe the laste and finall consente of the General[328]
Assembly.
[323] who, omitted by McDonald.
[324] who, inserted by McDonald.
[325] review, McDonald.
[326] cominge, McDonald.
[327] thoroughly, McDonald.
[328] generall, McDonald.
A third sorte of lawes, suche as may[329] issue out of every man's
private[330] conceipte.
It shalbe free for every man to trade w^{th} the Indians, servants onely
excepted, upon paine of whipping, unless the M^r will[331] redeeme it
off w^{th} the payment of an Angell, one-fourth parte whereofe to
go[332] to the Provost Marshall, one fourth parte to the discoverer, and
the other moyty to the publique uses of the Incorporation.[333]
[329] maye, Bancroft.
[330] privat, McDonald, Bancroft.
[331] will, omitted by McDonald.
[332] goe, McDonald.
[333] where he dwelleth, added in McDonald copy.
That no man doe[334] sell or give any of the greatter howes to the
Indians, or any Englishe[335] dog of quality, as a mastive,[336]
greyhound, bloodhounde, lande or water spaniel, or any other dog or
bitche whatsoever, of the Englishe race, upon paine of forfaiting
5^s[337] sterling to the publique uses of the Incorporation where he
dwelleth.
[334] do, McDonald, Bancroft.
[335] English, McDonald.
[336] mastiffe, McDonald.
[337] 5^b, McDonald; L5, Bancroft.
That no man do sell or give any Indians any piece shott or poulder, or
any other armes, offensive or defensive, upon paine of being held a
Traytour to the Colony, and of being hanged as soon as the facte[338] is
proved, w^{th}out all redemption.[339]
[338] Fact, McDonald.
[339] In the McDonald copy this and the paragraph next preceding are
transposed.
That no man may go above twenty miles from his dwelling-place, nor upon
any voiage whatsoever shalbe absent from thence for the space of seven
dayes together w^{th}out first having made the Governo^r[340] or
comaunder of the same place acquainted therw^{th},[341] upon paine[342]
of paying twenty shillinges[343] to the publique uses of the same
Incorporation where the party delinquent dwelleth.
[340] Governour, McDonald, Bancroft.
[341] therewith, McDonald, Bancroft.
[342] penalty, McDonald.
[343] shillings, Bancroft.
That noe man shall purposely goe to any Indian townes, habitations or
places of resort[344] w^{th}out leave from the Governo^r[345] or
comaunder[346] of that place where he liveth, upon paine of paying 40^s
to publique uses as aforesaid.
[344] resorte, McDonald, Bancroft.
[345] Gover^{nr}, McDonald; Governour, Bancroft.
[346] comander, McDonald; comand^r, Bancroft.
That no man living in this Colony, but shall between this and the first
of January nexte ensuing come or sende to the Secretary of Estate[347]
to enter his own and all his servants' names, and for what terme or upon
what conditions they are to serve, upon penalty of paying 40^s to the
said Secretary of Estate.[348] Also, whatsoever M^{rs} or people
doe[349] come over to this plantation that within[350] one month of
their arrivall (notice being first given them of this very lawe) they
shall likewise resorte to the Secretary of Estate[351] and shall
certifie him upon what termes or conditions they be come hither, to the
ende that he may recorde their grauntes and comissions, and for how long
time and upon what conditions[352] their servants (in case they have
any) are to serve them, and that upon paine of the penalty nexte above
mentioned.
[347] State, McDonald.
[348] State, McDonald.
[349] do., Bancroft.
[350] w^{th}in, McDonald.
[351] State, McDonald.
[352] In the McDonald copy, from the word conditions, in the third line
above, to this point are omitted.
All Ministers in the Colony shall once a year, namely, in the moneth of
Marche, bring to the Secretary of Estate a true account of all
Christenings, burials and marriages, upon paine, if they faill, to be
censured for their negligence by the Governo^r[353] and Counsell[354] of
Estate; likewise, where there be no ministers, that the comanders of the
place doe supply the same duty.
[353] Governour, McDonald, Bancroft.
[354] Councill, McDonald.
No man, w^{th}out leave of the Governo^r, shall kill any Neatt cattle
whatsoever, young or olde, especially kine, Heyfurs or cow-calves, and
shalbe[355] carefull to preserve their steeres[356] and oxen, and to
bring them to the plough and such profitable uses, and w^{th}out having
obtained leave as aforesaid, shall not kill them, upon penalty of
forfaiting the value of the beast so killed.
[355] shall be, McDonald, Bancroft.
[356] steers, McDonald.
Whosoever shall take any of his neighbours' boates, oares, or canoas
w^{th}out leave from the owner shalbe held[357] and esteemed as a felon
and so proceeded againste;[358] tho[359] hee that shall take away by
violence or stelth any canoas or other thinges from the Indians shall
make valuable restitution to the said Indians, and shall forfaict, if
he be a freeholder, five pound; if a servant, 40^s, or endure a
whipping; and anything under the value of 13^d[360] shall be accounted
Petty larceny.
[357] helde, McDonald, Bancroft.
[358] against, McDonald, Bancroft.
[359] also McDonald, Bancroft.
[360] ob., McDonald.
All ministers shall duely read divine service, and exercise their
ministerial function according to the Ecclesiastical lawes and orders of
the churche[361] of Englande, and every Sunday in the afternoon[362]
shall Catechize suche as are not yet ripe to come to the Com.[363] And
whosoever of them shalbe[364] found negligent or faulty in this kinde
shalbe subject to the censure of the Govern^r and Counsell of Estate.
[361] Church, McDonald.
[362] afternoone, McDonald.
[363] comunion, McDonald, Bancroft.
[364] shall be, McDonald.
The Ministers and Churchwardens shall seeke to presente[365] all ungodly
disorders, the comitters wherofe[366] if, upon goode[367] admonitions
and milde reprooff,[368] they will not forbeare the said skandalous
offenses,[369] as suspicions of whordomes,[370] dishonest company
keeping with weomen and suche[371] like, they are to be presented and
punished accordingly.
[365] prevente, McDonald.
[366] whereof, McDonald, Bancroft.
[367] good, McDonald, Bancroft.
[368] reproofe, McDonald.
[369] offences, McDonald.
[370] whoredoms, McDonald.
[371] such, McDonald.
If any person after two warnings, doe[372] not amende[373] his or her
life in point[374] of evident suspicion of Incontincy[375] or of the
comission[376] of any other enormous sinnes,[377] that then he or shee
be presented by the Churchwardens and suspended for a time from the
churche by the minister. In w^{ch} Interim if the same person do[378]
not amende and humbly submit[379] him or herselfe to the churche, he is
then fully to be excomunicate and soon after a writt or warrant to be
sent[380] from the Govern^r[381] for the apprehending of his person ande
seizing on[382] all his goods. Provided alwayes, that all the ministers
doe meet[383] once a quarter, namely, at the feast of S^t Michael the
Arkangell, of the nativity of our saviour, of the Annuntiation of the
blessed Virgine, and about midsomer, at[384] James citty or any other
place where the Governo^r[385] shall reside, to determine whom it is
fitt to excomunicate, and that they first presente their opinion to the
Governo^r[386] ere they proceed to the acte of excomunication.
[372] do., Bancroft.
[373] amend, Bancroft.
[374] pointe, McDonald.
[375] Incontinency, McDonald, Bancroft.
[376] commission, McDonald.
[377] suines, Bancroft.
[378] doe, McDonald.
[379] submitt, McDonald, Bancroft.
[380] sente, McDonald, Bancroft.
[381] Governour, Bancroft.
[382] McDonald omits on.
[383] meete, McDonald.
[384] att., McDonald.
[385] Gover^{nr}, McDonald; Governour, Bancroft.
[386] Governour, McDonald, Bancroft.
For reformation of swearing, every freeman and M^r of a family after
thrise admonition shall give 5s or the value upon present[387] demaunde,
to the use of the church where he dwelleth; and every servant after the
like admonition, excepte his M^r dischardge[388] the fine, shalbe
subject to whipping. Provided, that the payment of the fine
notw^{th}standing, the said servant shall acknowledge his faulte
publiquely in the Churche.
[387] presente, McDonald.
[388] discharge, McDonald.
No man whatsoever, coming by water from above, as from Henrico, Charles
citty, or any place from the westwarde of James citty, and being bound
for Kiccowtan,[389] or any other parte on this side,[390] the same shall
presume to pass by, either by day or by night, w^{th}out touching firste
here at James citty to knowe[391] whether the Governo^r[392] will
comande him any service. And the like shall they performe that come from
Kicawtan[393] ward, or from any place between this and that, to go
upwarde, upon paine of forfaiting ten pound sterling a time to the
Govern^r[394]. Provided, that if a servant having had instructions from
his Master to observe this lawe,[395] doe, notw^{th}standing,
transgresse the same, that then the said[396] servant shalbe punished at
the Govern^{r's} discretion; otherwise, that the master himselfe shall
undergo the foresaid penalty.
[389] Kicowtan, Bancroft.
[390] of, inserted by McDonald.
[391] know, McDonald.
[392] Governour, McDonald, Bancroft.
[393] Kiccowtan, McDonald, Bancroft.
[394] Governor, McDonald, Bancroft.
[395] McDonald reads, observe his service.
[396] s^d, McDonald.
No man shall trade[397] into the baye, either in shallop, pinnace, or
ship, w^{th}out the Govern^{r's}[398] license, and w^{th}out putting in
security that neither himself nor his Company shall force or wrong the
Indians, upon paine that, doing otherwise, they shalbe censured at their
returne by the Govern^{or}[399] and Counsell[400] of Estate.
[397] shall have trade, Bancroft.
[398] Governour's, McDonald, Bancroft.
[399] Governour, McDonald; Gov^r, Bancroft.
[400] Councell, McDonald.
All persons whatsoever upon the Sabaoth daye[401] shall frequente divine
service and sermons both forenoon and afternoon, and all suche as beare
armes shall bring[402] their pieces, swordes, poulder and shotte. And
every one that shall transgresse this lawe shall forfaicte[403] three
shillinges[404] a time to the use of the churche, all lawful and
necessary impediments excepted. But if a servant in this case shall
wilfully neglecte his M^{r's} comande he shall suffer bodily
punishmente.
[401] days, McDonald, Bancroft.
[402] bringe, McDonald.
[403] forfaict, Bancroft.
[404] shillings, Bancroft.
No maide or woman servant, either now resident in the Colonie or
hereafter to come, shall contract herselfe in marriage w^{th}out either
the consente of her parents, or of her M^r or M^{ris}, or of the
magistrat[405] and minister of the place both together. And whatsoever
minister shall marry or contracte any suche persons w^{th}out some of
the foresaid consentes shalbe[406] subjecte to the severe censure of the
Govern^r[407] and Counsell[408] of Estate.
[405] magistrate, McDonald.
[406] shall be, McDonald, Bancroft.
[407] Gover^{nr}, McDonald; Gov^r, Bancroft.
[408] Council, McDonald.
Be it enacted by this[409] present assembly that whatsoever servant hath
heretofore or shall hereafter contracte himselfe in England, either by
way of Indenture or otherwise, to serve any Master here in Virginia and
shall afterward, against[410] his said former contracte, depart from his
M^r w^{th}out leave, or, being once imbarked, shall abandon the ship he
is appointed to come in, and so, being lefte behinde, shall putt[411]
himselfe into the service of any other man that will bring him hither,
that then at the same servant's arrival here, he shall first serve out
his time with that M^r that brought him hither and afterward also shall
serve out his time[412] w^{th} his former M^r according to his covenant.
[409] the, McDonald.
[410] ag^{st}, McDonald.
[411] put, McDonald, Bancroft.
[412] McDonald omits the words, with that M^r that brought him hither
and afterwards also shall serve out his time.
Here ende the lawes.
All these lawes being thus concluded and consented to as aforesaide[413]
Captaine Henry Spellman[414] was called to the barre to answere to
certaine misdemeano^{rs} layde to his chardge by Robert Poole,
interpretour, upon his oath (whose examination the Governo^r sente into
England in the Prosperus), of w^{ch} accusations of Poole some he
acknowledged for true, but the greattest[415] part he denyed. Whereupon
the General[416] Assembly, having throughly heard and considered his
speaches, did constitute this order following against him:
AUG. 4^{th}, 1619.
This day Captaine Henry Spelman[417] was convented before the General
Assembly and was examined by a relation upon oath of one Robert Poole,
Interpreter, what conference had passed between the said Spelman[418]
and Opochancano at Poole's meeting with him in Opochancano's courte.
Poole chardgeth him he spake very unreverently and maliciously
against[419] this present Govern^r,[420] wherby the honour and dignity
of his place and person, and so of the whole Colonie, might be brought
into contempte, by w^{ch} meanes what mischiefs might ensue from the
Indians by disturbance of the peace or otherwise, may easily be
conjectured. Some thinges of this relation Spelman confessed, but the
most parte he denyed, excepte onely one matter of importance, & that was
that he hade informed Opochancano that w^{th}in a yeare there would come
a Governo^r[421] greatter then[422] this that nowe is in place. By
w^{ch} and by other reportes it seemeth he hath alienated the minde of
Opochancano from this present Governour, and brought him in much
disesteem, both w^{th} Opochancano[423] and the Indians, and the whole
Colony in danger of their slippery designes.
[413] Aforesaid, Bancroft.
[414] Spelman, McDonald.
[415] greatest, McDonald.
[416] gen^l, Bancroft.
[417] Spellman, Bancroft.
[418] Spellman, Bancroft.
[419] ag^{st}, McDonald.
[420] Governour, Bancroft.
[421] Governour, McDonald, Bancroft.
[422] than, McDonald, Bancroft.
[423] Opochancanos, McDonald.
The general assembly upon Poole's testimony onely not willing to putt
Spelman to the rigour and extremity of the lawe, w^{ch} might, perhaps
both speedily and deservedly, have taken his life from him (upon the
witness[424] of one whom he muche excepted against) were pleased, for
the present, to censure him rather out of that his confession above
written then[425] out of any other prooffe. Several and sharpe
punishments were pronounced against[426] him by diverse of the Assembly,
But in fine the whole course[427] by voices united did encline to the
most favourable, w^{ch} was that for this misdemeanour[428] he should
first be degraded of his title of Captaine,[429] at the head of the
troupe, and should be condemned to performe seven yeares service to the
Colony in the nature of Interpreter to the Governour.
[424] witnes, McDonald, Bancroft.
[425] than, Bancroft.
[426] ag^{st}, McDonald.
[427] courte, McDonald, Bancroft.
[428] misdemeanor, McDonald; misdemean^r, Bancroft.
[429] Capt., McDonald.
This sentence being read to Spelman he, as one that had in him more of
the Savage then of the Christian, muttered certaine wordes to himselfe
neither shewing any remorse for his offences, nor yet any thankfulness
to the Assembly for theire sofavourable censure, w^{ch} he at one time
or another (God's grace not wholly abandoning him) might w^{th} some one
service have been able to have redeemed.[O]
[O] This paragraph appears only in the McDonald copy, and in that it has
two rows of lines at right angles to each other and diagonally across
it, as if to indicate that this portion of the record was considered as
being improperly made or, perhaps, was not official.
This day also did the Inhabitants of Paspaheigh, alias Argall's towne,
present a petition to the general assembly to give them an absolute
dischardge from certaine bondes wherin they stand bound to Captain
Samuell Argall for the paym^t of 600^G,[430] and to Captain William
Powell, at Captaine Argall's appointment, for the paym^t of 50^G[431]
more. To Captaine Argall for 15 skore acres of wooddy ground, called by
the name of Argal's[432] towne or Paspaheigh; to Captaine Powell in
respect of his paines in clearing the grounde and building the houses,
for w^{ch} Captaine[433] Argal ought to have given him satisfaction.
Nowe,[434] the general assembly being doubtful whether they have any
power and authority to dischardge the said bondes, doe by these
presents[435] (at the Instance of the said Inhabitants[436] of
Paspaheighs, alias Martin's hundred people) become most humble sutours
to the Tresurer, Counsell and Company in England that they wilbe[437]
pleased to gett the said bondes for 600^G[438] to be cancelled;
forasmuche as in their great comission they have expressly and by name
appointed that place of Paspaheigh for parte of the Governo^r's[439]
lande. And wheras Captain[440] William Powell is payde[441] his 50^G
w^{ch} Captaine[442] Argall enjoined the saide Inhabitantes to presente
him with, as parte[443] of the bargaine, the general assembly, at their
intreaty, do become sutours on their behalfe, that Captaine Argall, by
the Counsell & Company in England, may be compelled either to restore
the said 50^G[444] from thence, or else that restitution therof be made
here out of the goods of the said Captaine Argall.
[430] 600^{Li}, McDonald; L60, Bancroft.
[431] 50^{li}, McDonald; L50, Bancroft.
[432] Argall's, McDonald.
[433] Capt., Bancroft.
[434] now, McDonald.
[435] presentes, McDonald, Bancroft.
[436] Inhabit^{ts}, Bancroft.
[437] will be, McDonald, Bancroft.
[438] 600^{li}, McDonald; L60, Bancroft.
[439] Governours, McDonald, Bancroft.
[440] Captaine, McDonald, Bancroft.
[441] paide, Bancroft.
[442] Capt., Bancroft.
[443] part, Bancroft.
[444] 50^{li}, McDonald; L50, Bancroft.
The last acte of the Generall Assembly was a contribution to gratifie
their officers, as followeth:[P]
[P] This paragraph is in the McDonald and Bancroft copies but not in De
Jarnette's.
AUG. 4^{th}, 1619.
It is fully agreed at this generall[445] Assembly that in regarde of the
great[446] paines and labour of the[447] Speaker of this Assembly (who
not onely[448] first formed the same Assembly and to their great ease &
expedition reduced all matters to be treatted of into a ready method,
but also his indisposition notw^{th}standing wrote or dictated all
orders and other expedients and is yet[449] to write severall bookes for
all the Generall[450] Incorporations and plantations both of the great
charter, and of all the lawes) and likewise in respecte of the
dilligence of the Clerke and sergeant, officers thereto belonging. That
every man and manservant of above 16 yeares of age shall pay into the
handes and Custody of the Burgesses of every Incorporation and
plantation one pound of the best Tobacco, to be distributed to the
Speaker and likewise to the Clerke and sargeant of the Assembly,
according to their degrees and rankes, the whole bulke whereof to be
delivered into the Speaker's handes, to be divided accordingly. And in
regarde[451] the Provost Marshall of James citty hath also given some
attendance upon the said Generall Assembly, he is also to have a share
out of the same. And this is to begin to be gathered the 24^{th} of
February nexte.
[445] general, McDonald.
[446] greate, Bancroft.
[447] this, McDonald.
[448] only, McDonald.
[449] yett, Bancroft.
[450] severall, McDonald, Bancroft.
[451] regard to, McDonald; regard, Bancroft.
In conclusion, the whole Assembly comaunded[452] the Speaker (as nowe he
doth) to present their humble excuse to the Treasurer[453] Counsell &
Company in England for being constrained by the intemperature of the
weather and the falling sick of diverse of the Burgesses to breake up so
abruptly--before they had so much as putt their lawes to the ingrossing.
This they wholly comited to[454] the fidelity of their speaker, who
therin[455] (his conscience telles him) hath done the parte[456] of an
honest man, otherwise he would be easily founde[457] out by the
Burgesses themselves, who w^{th} all expedition are to have so many
bookes of the same lawes as there be both Incorporations and Plantations
in the Colony.
[452] comanded, McDonald, Bancroft.
[453] Tresurer, McDonald, Bancroft.
[454] in, Bancroft.
[455] therein, McDonald.
[456] part, McDonald.
[457] woulde easily be found, McDonald; would easily be founde,
Bancroft.
In the seconde place, the Assembly doth most humbly crave pardon that in
so shorte[458] a space they could bring their matter to no[459] more
perfection, being for the present enforced to sende home titles rather
then lawes, Propositions rather then resolutions, Attemptes then
Acchievements, hoping their courtesy will accepte our poore indevour,
and their wisedome wilbe[460] ready to supporte the weaknes of this
little flocke.
[458] short, McDonald.
[459] no, omitted by McDonald.
[460] will be, McDonald, Bancroft.
Thirdly, the General Assembly doth humbly beseech[461] the said
Treasurer,[462] Counsell & Company, that albeit it belongeth to them
onely to allowe or to abrogate any lawes w^{ch} we shall here make,[463]
and that it is their right so to doe,[464] yet that it would please them
not to take it in ill parte if these lawes w^{ch} we have nowe brought
to light, do passe currant[465] & be of force till suche time as we[466]
may knowe their farther pleasure out of Englande: for otherwise this
people (who nowe at length have gotte[467] the raines[468] of former
servitude into their owne swindge) would in shorte time growe so
insolent, as they would shake off all government, and there would be no
living among them.
[461] beseeche, McDonald.
[462] Tresurer, McDonald.
[463] inacte, McDonald, Bancroft.
[464] righte soe to do, McDonald; right so to doe, Bancroft.
[465] current, Bancroft.
[466] wee, McDonald.
[467] gott, McDonald; got, Bancroft.
[468] reines, McDonald; raines, Bancroft.
Their last humble suite is,[469] that the said Counsell & Company would
be pleased, so soon as they shall finde[470] it convenient, to make
good their promise sett downe[471] at the conclusion of their comission
for establishing the Counsel[472] of Estate & the General[473] Assembly,
namely, that they will give us power to allowe or disallowe of their
orders of Courte, as his Ma^{ty}[474] hath given them power to allowe or
to reject[475] our lawes.
[469] suit, McDonald.
[470] find, McDonald.
[471] down, McDonald.
[472] Counsell, McDonald, Bancroft.
[473] Generall, McDonald.
[474] Majesty, McDonald; Ma^{ty}, Bancroft.
[475] rejecte, McDonald, Bancroft.
In sume Sir George Yeardley, the Governo^r[476] prorogued the said
General[477] Assembly till the firste of Marche, which is to fall out
this present yeare of 1619, and in the mean season dissolved the same.
[476] Gover^{nr}, McDonald; Governour, Bancroft.
[477] Generall, McDonald.
_FINIS._
I certify that the foregoing is a true and
authentic copy taken from the volume
above named.
JOHN McDONAGH,
Record Agent.
July 14th, 1871.
The McDonald copy has the following after Finis:
(in Dorso.)
1619.
The proceedings of the first Assembly of Virginia. July 1619.
True Copy,
AUGUSTUS AUSTEN BURT.
LISTS
OF THE
LIVINGE & THE DEAD IN VIRGINIA
February 16, 1623.
_EDITORS' NOTE._