Chapter 2

[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] £200, 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.