FOOTNOTES

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 wthus about some matters of especial[60]importance, wchconcerns[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.

James citty, July 30, 1619.

To our very loving friend, Captain John Martin, Esquire, Master of the ordinance.

These obstacles removed, the Speaker, who a long time had beneextreame 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, wchdid 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 wchthe 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 wththe state of this Colony or any lawe wchdid 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.

The names of the Comitties for perusingthe first booke of the fower:

The names of the Comitties for perusing the second booke:

These Comitties thus appointed, we brake up the first forenoon's assembly.

FOOTNOTES[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.[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.[19]30, Bancroft.[20]goode, McDonald.[21]Treasurer, McDonald.[22]establishe, McDonald, Bancroft.[23]Chiefes, McDonald.[24]should, Bancroft.[25]Wch, McDonald and Bancroft.[26]extend, Bancroft.[27]inforced, McDonald.[28]such, McDonald.[29]shall be, McDonald.[30]agst, McDonald.[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.[46]Captaine, McDonald and Bancroft.[47]Paspaheighs, McDonald, Banc'ft.[48]beads, McDonald.[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.[58]Governour, Bancroft.[59]request, McDonald.[60]especiall, McDonald.[61]concerne, McDonald and Bancroft.[62]Wch, McDonald.[63]Genll, McDonald.[64]The substance of these will be found in the paper, "A briefe Declaration," &c. See post.—.[65]Wch, McDonald.[66]expeditions, Bancroft.[67]Englande, McDonald.[68]nothinge, McDonald.[69]thereunto, McDonald and Bancroft.[N]Lawne, McDonald, and Bancroft, the list of Burgesses on p. 10, showing this to be proper.

[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.

[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.

[19]30, Bancroft.

[20]goode, McDonald.

[21]Treasurer, McDonald.

[22]establishe, McDonald, Bancroft.

[23]Chiefes, McDonald.

[24]should, Bancroft.

[25]Wch, McDonald and Bancroft.

[26]extend, Bancroft.

[27]inforced, McDonald.

[28]such, McDonald.

[29]shall be, McDonald.

[30]agst, McDonald.

[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.

[46]Captaine, McDonald and Bancroft.

[47]Paspaheighs, McDonald, Banc'ft.

[48]beads, McDonald.

[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.

[58]Governour, Bancroft.

[59]request, McDonald.

[60]especiall, McDonald.

[61]concerne, McDonald and Bancroft.

[62]Wch, McDonald.

[63]Genll, McDonald.

[64]The substance of these will be found in the paper, "A briefe Declaration," &c. See post.—.

[65]Wch, McDonald.

[66]expeditions, Bancroft.

[67]Englande, McDonald.

[68]nothinge, McDonald.

[69]thereunto, McDonald and Bancroft.

[N]Lawne, McDonald, and Bancroft, the list of Burgesses on p. 10, showing this to be proper.

After dinner the Governorand those that were not of the Comitties[70]sate a seconde time, while the said Comitties[71]were employed inthe 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 Governour[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]wchthe whole Assembly, because it was late, deferred to treatt[80]of till the next morning.

FOOTNOTES[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.

[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 lopsand to the rest of that honbleCounsell and renowned Company, that albeit they have bene pleased[86]to allotte unto the Governor[87]to themselves, together wththe Counsell of Estate here, and[88]to the officers of Incorporations, certain lande[89]portions of lande to be layde out wthin 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.

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 wthas 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.

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.

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.

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.

The sixte and laste is, they wilbe[111]pleased to change the savage name of Kiccowtan, and to give that Incorporation a newe name.

These are the general Petitions drawen by the Comitties out of the two former bookes wchthe 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.

These petitions thus concluded on, those twoe Comitties broughteme[114]a reporte what they had observed in the two latter bookes, wchwas nothing else but that the perfection of them was suche as that[115]they could finde nothing therein subject to exception, only the Governors[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.

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.

This being dispatched we fell once more[120]debating of suche instructions given by the Counsell in England to several[121]Governors[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 notwthstanding he sawe the authority was good, yet was he unwilling to yield, till suche time as the Governor[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.

At the same[137]the Instructions convertible into lawes were referred to the consideration of the above named Committies,[138]viz., the general Instructions to the first Committie[139]and the particular Instructions to the second, to be returned by them into the assembly on Munday morning.

FOOTNOTES[81]Comittees, McDonald.[82]those, McDonald.[83]Comittees, McDonald.[84]book, McDonald.[85]Generall, McDonald.[86]pleas'd, McDonald.[87]Governr, McDonald; Govr, 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]Comissn, Bancroft.[95]each, Bancroft.[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.[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.[107]Treasurer, McDonald.[108]rentes, McDonald, Bancroft.[109]McDonald and Bancroft both omit that.[110]McDonald and Bancroft omit it.[111]will be, McDonald.[112]sette, Bancroft.[113]presente, McDonald and Bancroft.[114]In, McDonald, Bancroft.[115]McDonald and Bancroft omit that.[116]Govnrs, McDonald; Govrs, Bancroft.[117]Behoove, McDonald, Bancroft.[118]So, McDonald, Bancroft.[119]Noe, McDonald.[120]McDonald and Bancroft insert to.[121]Severall, McDonald.[122]Governrs, McDonald; Gov., Bancroft.[123]The text, which follows the De Jarnette copy, is evidently wrong. The McDonald copy is blotted and illegible. Bancroft has 3.s. and Sainsbury's abstract the same.[124]Demand, McDonald.[125]Answer, McDonald, Bancroft.[126]McDonald and Bancroft both fill the space with Magazin.[127]Govr, McDonald, Bancroft.[128]Counsell, Treasurer, McDonald.[129]McD. inserts the.[130]handes, McD.[131]seale, McD., Bft.[132]Decr, McDonald.[133]bills, McDonald.[134]best, McDonald.[135]shall be, McDonald.[136]31st, Bancroft.[137]McDonald and Bancroft insert time.[138]Committees, McDonald.[139]Committee, McDonald.

[81]Comittees, McDonald.

[82]those, McDonald.

[83]Comittees, McDonald.

[84]book, McDonald.

[85]Generall, McDonald.

[86]pleas'd, McDonald.

[87]Governr, McDonald; Govr, 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]Comissn, Bancroft.

[95]each, Bancroft.

[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.

[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.

[107]Treasurer, McDonald.

[108]rentes, McDonald, Bancroft.

[109]McDonald and Bancroft both omit that.

[110]McDonald and Bancroft omit it.

[111]will be, McDonald.

[112]sette, Bancroft.

[113]presente, McDonald and Bancroft.

[114]In, McDonald, Bancroft.

[115]McDonald and Bancroft omit that.

[116]Govnrs, McDonald; Govrs, Bancroft.

[117]Behoove, McDonald, Bancroft.

[118]So, McDonald, Bancroft.

[119]Noe, McDonald.

[120]McDonald and Bancroft insert to.

[121]Severall, McDonald.

[122]Governrs, McDonald; Gov., Bancroft.

[123]The text, which follows the De Jarnette copy, is evidently wrong. The McDonald copy is blotted and illegible. Bancroft has 3.s. and Sainsbury's abstract the same.

[124]Demand, McDonald.

[125]Answer, McDonald, Bancroft.

[126]McDonald and Bancroft both fill the space with Magazin.

[127]Govr, McDonald, Bancroft.

[128]Counsell, Treasurer, McDonald.

[129]McD. inserts the.

[130]handes, McD.

[131]seale, McD., Bft.

[132]Decr, McDonald.

[133]bills, McDonald.

[134]best, McDonald.

[135]shall be, McDonald.

[136]31st, Bancroft.

[137]McDonald and Bancroft insert time.

[138]Committees, McDonald.

[139]Committee, McDonald.

Sunday, Aug. 1.

Mr. Shelley, one of the Burgesses, deceased.

Munday,[140]Aug. 2.

Captain John Martin (according to the sumons sent him on Fryday,[141]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]wch(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.

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.

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 allintentes and[161]purposes, as any lord of any manours in England dothe holde his grounde out of wchsome 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 lopps[163]and the rest of that honblehouse[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 wthequall 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.

Upon the same grounde and[173]reason their lops, 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 wchexempteth 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.

In fine, wheras[180]Captaine[181]Martin, for those ten shares allowed him for his personal[182]adventure and[183]for his adventure of £70 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]

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.

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