Chapter 4

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}.

This daye (by reason of extream heat, both paste and likely to ensue, 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; £5, 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; £60, Bancroft.

[431] 50^{li}, McDonald; £50, 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; £60, Bancroft.

[439] Governours, McDonald, Bancroft.

[440] Captaine, McDonald, Bancroft.

[441] paide, Bancroft.

[442] Capt., Bancroft.

[443] part, Bancroft.

[444] 50^{li}, McDonald; £50, 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.