FOOTNOTES

Here begin the lawes drawen out of the Instructions given by his MatiesCounsell of Virginia in England to my lo: la warre,[190]Captain Argall and Sir George Yeardley, knight.

By this present Generall Assembly be it enacted, that no[191]injury or oppression be wrought by the Englishe[192]against[193]the Indians whereby the present peace might be disturbed and antient quarrells might be revived. And farther[194]be it ordained, that the Chicohomini are not to be excepted out of this lawe; untill either that suche[195]order come out of Englande, or that they doe provoke us by some newe injury.

Against Idlenes, Gaming, durunkenes & excesse in apparell the Assembly hath enacted as followeth:

First, in detestation of Idlenes[196]be it enacted, that if any men be founde to live as an Idler or renagate, though a freedman, it shalbe[197]lawfull for that Incorporation or Plantation to wchhe belongeth to appoint him a Mrto serve for wages, till he shewe apparant signes of amendment.

Against gaming at dice[198]& Cardes be it ordained by this present assembly that the winner or winners shall lose all his or their winninges and[199]both winners and loosers shall forfaicte[200]ten shillings a man, one ten shillings whereof to go to the discoverer, and the rest to charitable & pious uses in the Incorporation where the faulte[201]is comitted.

Against drunkenness be it also decreed that if any private person be found culpable thereof, for the first time he is to be reprooved privately by the Minister, the second time publiquely, the thirde time to lye in boltes 12 howers in the house of the Provost Marshall & to paye his fee,[202]and if he still continue in that vice, to undergo suche severe punishment as the Governor[203]and Counsell of Estate shall thinke fitt to be inflicted on him. But if any officer offende in this crime, the first time he shall receive a reprooff from the Governour, the second time he shall openly be reprooved in the churche by the minister, and the third time he shall first be comitted and then degraded. Provided it be understood that the Governr[204]hath alwayes[205]power to restore him when he shall, in his discretion thinke fitte.

Against excesse in[206]apparell that every man be cessed in the churche for all publique contributions, if he be unmarried according to his owne apparrell, if he be married, according to his owne and his wives, or either of their apparell.

As touching the instruction[207]of drawing some of the better disposed of the Indians to converse wthour people & to live and labour amongst[208]them, the Assembly who knowe[209]well their dispositions thinke it fitte to enjoine,[210]least to counsell those of the Colony, neither utterly to rejecte them nor yet to drawe them to come in. But in casethey will of themselves come voluntarily to places well peopled, there to doe service in killing of Deere, fishing, beatting of Corne and other workes, that then five or six may be admitted into every such place, and no more, and that wththe consente[211]of the Governour. Provided that good[212]guarde[213]in the night be kept upon them, for generally (though some amongst many may proove[214]good) they are a most trecherous people and quickly gone when they have done a villany. And it were fitt[215]a housewe builte for them to lodge in aparte[216]by themselves, and lone inhabitants by no meanes[217]to entertaine them.

Be it enacted by this present assembly that for laying a surer foundation of the conversion of the Indians to Christian Religion, eache towne, citty, Borrough, and particular plantation do obtaine unto themselves by just means a certaine number of the natives' children to be educated by them in true religion and civile course of life—of wchchildren the most towardly boyes in witt & graces of nature to be brought up by them in the first elements of litterature, so[218]to be fitted for the Colledge intended for them that from thence they may be sente[219]to that worke of conversion.

As touching the busines of planting corne this present Assembly doth ordaine that yeare by yeare all & every householder and householders have in store for every servant he or they shall keep, and also for his or their owne persons, whether they have any Servants or no, one spare barrell of corne, to be delivered out yearly, either upon sale or exchange as need shall require. For the neglecte[220]of wchduty he shalbe[221]subjecte to the censure of the Governr[222]and Counsell of Estate. Provided alwayes that the first yeare of every newe man this lawe shall not be of[223]force.

About the plantation of Mulbery trees, be it enacted that every man as he is seatted[224]upon his division, doe for seven yeares together, every yeare plante and maintaine in growte[225]six[226]Mulberry trees at the least,[227]and as many more as he shall thinke conveniente and as his virtue[228]& Industry shall move him to plante, and that all suche persons as shall neglecte the yearly planting and maintaining of that small proportion shalbe[229]subjecte to the censure of the Governour & the Counsell of Estate.

Be it farther[230]enacted as concerning Silke-flaxe, that those men that are upon their division or setled[231]habitation doe this next[232]yeare plante & dresse 100 plantes, wchbeing founde a comedity,[233]may farther be increased. And whosoever do faill in the performance of this shalbe[234]subject to this punishment of the Governour[235]& Counsell of Estate.

For hempe also both Englishe & Indian, and for Englishe[236]flax & Anniseeds, we do[237]require and enjoine all householders of this Colony that have any of those seeds[238]to make tryal thereofe the nexte season.

Moreover be it enacted by this present Assembly, that every householder doe yearly plante and maintaine ten vines untill they have attained to the art and experience of dressing a Vineyard either by their owne industry or by the Instruction of some Vigneron. And that upon what penalty soever the Governor[239]and Counsell of Estate shall thinke fitt to impose upon the neglecters of this acte.

Be it also enacted that all necessary tradesmen, or so[240]many as need shall require, suche[241]as are come over since the departure of Sir Thomas Dale, or that shall hereafter come, shall worke at their trades for any other man, each[242]one being payde according to the quality[243]of his trade and worke, to be estimated, if he shall not be contented, by the Governorand officers of the place where he worketh.

Be it further ordained by this General Assembly, and we doe by these presents enacte, that all contractes[244]made in England between the owners of lande and their Tenants and Servantes wchthey shall sende[245]hither, may be caused to be duely[246]performed, and that the offenders be punished as the Governour[247]and Counsell of Estate shall thinke just and convenient.

Be it established also by this present Assembly that no crafty or advantagious means be suffered to be putt in practise for the inticing awaye the Tenants or[248]Servants of any particular plantation from the place where they are seatted. And that it shalbe[249]the duty of the Governor[250]& Counsell of Estate most severely to punishe both the seducers and the seduced, and to returne[251]these latter into their former places.

Be it further enacted that the orders for the Magazin[252]lately made be exactly kepte, and that the Magazin be preserved from wrong[253]and sinister practises, and that according to the orders of courte in Englande[254]all Tobacco and sassafras be brought[255]by the Planters to the Cape marchant till suche time as all the goods[256]nowe or heretofore sent for the Magazin be taken off their handes at the prices agreed on. That by this meanes[257]the some[258]going for Englande[259]with[260]one hande, the price thereof may be uphelde[261]the better. And to the ende that all the whole Colony may take notice of the last order of Courte made in Englande and all those whom it concerneth may knowe[262]howe[263]to observe it, we[264]holde it fitt to publishe ithere for a lawe[265]among the rest of our lawes. The wch[266]order is as followeth:

Upon the 26[267]of October, 1618, it was ordered that the Magazin[268]should continue during[269]the terme formerly prefixed, and that certaine[270]abuses now complained of should be reformed, and that for preventing of all Impositions save the allowance of 25 in the hundred proffitt, the Governor[271]shall have an invoice as well as the Cape Marchant, that if any abuse in the sale of the[272]goods be offered, wee,[273]upon Intelligence and due examination thereof, shall see it correctede. And for the incouragement[274]of particular hundreds, as Smythe's hundred, Martin's hundred, Lawnes' hundred, and the like, it is agreed that what comodities are reaped upon anie of these General[275]Colonies, it shalbe lawefull for them to returne the same to their owne adventurers. Provided that the same[276]comodity be of their owne growing, wthout trading wthany other, in one entyre lumpe and not dispersed, and that at the determination of the jointe stocke, the goods then remaining in the Magazin[277]shalbe[278]bought by the said particular Colonies before any other goods wchshall be sente by private men. And it was moreover ordered that if the lady la warre, the Lady Dale, Captain Bargrave and the rest, would unite themselves into a settled[279]Colony they might be capable of the same priviledges that are graunted to any of the foresaid hundreds. Hitherto the order.

All[280]the general Assembly by voices concluded not only the acceptance and observation of this order, but of the Instruction also to Sir George Yeardley next preceding the same. Provided first, that the Cape Marchant do[281]accepte of the Tobacco of all and everie the Planters here in Virginia, either for Goods or upon billes of Exchange at three shillings the pounde the beste, and 18d the second sorte. Provided also that the billes be only payde in Englande. Provided, in the third place, that if any other besides the Magazin[282]have at any time any necessary comodity wchthe Magazine doth wante, it shall and may be lawfull for any of the Colony to buye[283]the said necessary comodity of the said party, but upon the termes of the Magazin[284]viz: allowing no more gaine then 25 in the hundred, and that with the leave of the Governour. Provided lastely,[285]that it may be lawfull[286]for the Governr[287]to give leave to any Mariner, or any other person, that shall have any suche necessary comodity wanting to the Magazin[288]to carrie home for England so muche[289]Tobacco or other naturall comodities of the Country[290]as his Customers shall pay him for the said necessary comodity or comodities. And to the ende we may not only persuadeand incite men, but inforce them also thoroughly and loyally to aire their Tobacco before they bring it to the Magazine,[291]be it enacted, and by these presents we doe enacte, that if upon the Judgement of power sufficient even of any incorporation where the Magazine[292]shall reside, (having first taken their oaths to give true sentence, twoe whereof to be chosen by the Cape Marchant and twoe by the Incorporation,) any Tobacco whatsoever shall not proove[293]vendible at the second price, that it shall there imediately be burnt before the owner's face. Hitherto suche lawes as were drawen out of the Instructions.

FOOTNOTES[140]Monday, McDonald and Bancroft.[141]Friday, McDonald.[142]himselfe, McDonald and Bancroft.[143]& indeavoured, McDonald.[144]things, McDonald.[145]agst, McDonald.[146]Patente, McDonald and Bancroft.[147]Lawnes, Bancroft, see p. 10.[148]agst, McDonald.[149]answer, Bancroft.[150]part, McDonald and Bancroft.[151]patente, McDonald.[152]woulde, McDonald.[153]Govr, Bancroft.[154]towards, Bancroft.[155]doe, McDonald.[156]demande, McDonald.[157]Council, McDonald.[158]Capt., Bancroft.[159]enjoy, McDonald and Bancroft.[160]large, McDonald, Bancroft.[161]&, McDonald.[162]beseecheth, McDonald and Bancroft.[163]Lops, McDonald; Lops, Bancroft.[164]bourde, McDonald and Bancroft.[165]grants, McDonald.[166]immunities, McDonald.[167]complaintes, McDonald, Bancroft.[168]unindifferency, McDonald, Bancroft.[169]mighte, McDonald.[170]equallity, McDonald.[171]&, McDonald.[172]&, McDonald and Bancroft.[173]&, McDonald.[174]Councill, McDonald.[175]besoughte, McDonald.[176]the Generall, McDonald.[177]Captain, Bancroft.[178]agst, McDonald.[179]&, McDonald.[180]whereas, McDonald.[181]Captaine, McDonald; Capt., Bancroft.[182]personall, McDonald.[183]&, McDonald.[184]Governr, McDonald.[185]kind, McDonald.[186]Patente, McDonald.[187]Comittee, McDonald.[188]&, McDonald.[189]generall, McDonald.[190]Lo. La Warre, McDonald and Bancroft.[191]Noe, McDonald.[192]Englishe, Bancroft.[193]agst, McDonald.[194]further, McDonald.[195]such, McDonald.[196]Idlers, McDonald.[197]shall be, McDonald.[198]and, Bancroft.[199]As the McDonald copy has & in every instance where the other two have and, the reader will bear this in mind and it will not be again repeated.[200]forfaite, McDonald.[201]faults are, McDonald.[202]fees, McDonald.[203]Governr, McDonald; Governr, Bancroft.[204]Governr, McDonald; Governr, Bancroft.[205]alwaies, McDonald; always, Bancroft.[206]of, McDonald.[207]instructions, McDonald and Bancroft.[208]among, McDonald.[209]know, McDonald.[210]at inserted by Bancroft.[211]with consente, McDonald.[212]goode, Bancroft.[213]guard, McDonald.[214]prove, McDonald.[215]fitte, Bancroft.[216]apart, McDonald.[217]means, Bancroft.[218]as, inserted by Bancroft.[219]sent, McDonald.[220]neglect, McDonald.[221]shall be, McDonald.[222]Governour, McDonald and Bancroft.[223]in, McDonald.[224]seated, McDonald.[225]growth, McDonald.[226]sixe, McDonald and Bancroft.[227]leaste, McDonald and Bancroft.[228]vertue, McDonald.[229]shall be, McDonald.[230]further, McDonald.[231]settled, McDonald.[232]next, McDonald.[233]comodity, McDonald and Bancroft.[234]shall be, McDonald.[235]Governor, McDonald.[236]English, Bancroft.[237]wee doe, McDonald.[238]seedes, Bancroft.[239]Governour, McDonald and Bancroft.[240]soe, McDonald.[241]such, Bancroft.[242]eache, McDonald and Bancroft.[243]qualitye, Bancroft.[244]contracts, McDonald.[245]send, McDonald.[246]duly, McDonald.[247]Governr, McDonald.[248]&, McDonald.[249]shall be, McDonald.[250]Governr, McDonald; Governour, Bancroft.[251]return, Bancroft.[252]magazine, McDonald.[253]wronge, McDonald.[254]England, McDonald.[255]Sassafras brought, McDonald; to be brought, Bancroft.[256]goodes, Bancroft.[257]means, Bancroft.[258]same, McDonald and Bancroft.[259]England, McDonald.[260]into, McDonald and Bancroft.[261]upheld, Bancroft.[262]know, McDonald.[263]how, McDonald.[264]wee, McDonald.[265]Law, McDonald.[266]which, McDonald.[267]26th, McDonald and Bancroft.[268]Magazine, McDonald.[269]duringe, McDonald.[270]certain, Bancroft.[271]Governour, McDonald and Bancroft.[272]the, omitted by McDonald.[273]wee, McDonald, Bancroft.[274]encouragement, McDonald.[275]severall, McDonald; several, Bancroft; this word evidently the proper one.[276]said, McDonald, Bancroft.[277]magazine, McDonald.[278]shall be, McDonald.[279]setled, Bancroft.[280]And, Bancroft.[281]doe, McDonald.[282]magazine, McDonald.[283]buy, McDonald.[284]magazine, McDonald.[285]lastly, McDonald.[286]lawful, McDonald.[287]Governour, McDonald and Bancroft.[288]As this word is spelt by McDonald in every instance with the final e this note will not be repeated.[289]much, McDonald.[290]countrey, McDonald.[291]Magazin, Bancroft.[292]do., do.[293]prove, Bancroft.

[140]Monday, McDonald and Bancroft.

[141]Friday, McDonald.

[142]himselfe, McDonald and Bancroft.

[143]& indeavoured, McDonald.

[144]things, McDonald.

[145]agst, McDonald.

[146]Patente, McDonald and Bancroft.

[147]Lawnes, Bancroft, see p. 10.

[148]agst, McDonald.

[149]answer, Bancroft.

[150]part, McDonald and Bancroft.

[151]patente, McDonald.

[152]woulde, McDonald.

[153]Govr, Bancroft.

[154]towards, Bancroft.

[155]doe, McDonald.

[156]demande, McDonald.

[157]Council, McDonald.

[158]Capt., Bancroft.

[159]enjoy, McDonald and Bancroft.

[160]large, McDonald, Bancroft.

[161]&, McDonald.

[162]beseecheth, McDonald and Bancroft.

[163]Lops, McDonald; Lops, Bancroft.

[164]bourde, McDonald and Bancroft.

[165]grants, McDonald.

[166]immunities, McDonald.

[167]complaintes, McDonald, Bancroft.

[168]unindifferency, McDonald, Bancroft.

[169]mighte, McDonald.

[170]equallity, McDonald.

[171]&, McDonald.

[172]&, McDonald and Bancroft.

[173]&, McDonald.

[174]Councill, McDonald.

[175]besoughte, McDonald.

[176]the Generall, McDonald.

[177]Captain, Bancroft.

[178]agst, McDonald.

[179]&, McDonald.

[180]whereas, McDonald.

[181]Captaine, McDonald; Capt., Bancroft.

[182]personall, McDonald.

[183]&, McDonald.

[184]Governr, McDonald.

[185]kind, McDonald.

[186]Patente, McDonald.

[187]Comittee, McDonald.

[188]&, McDonald.

[189]generall, McDonald.

[190]Lo. La Warre, McDonald and Bancroft.

[191]Noe, McDonald.

[192]Englishe, Bancroft.

[193]agst, McDonald.

[194]further, McDonald.

[195]such, McDonald.

[196]Idlers, McDonald.

[197]shall be, McDonald.

[198]and, Bancroft.

[199]As the McDonald copy has & in every instance where the other two have and, the reader will bear this in mind and it will not be again repeated.

[200]forfaite, McDonald.

[201]faults are, McDonald.

[202]fees, McDonald.

[203]Governr, McDonald; Governr, Bancroft.

[204]Governr, McDonald; Governr, Bancroft.

[205]alwaies, McDonald; always, Bancroft.

[206]of, McDonald.

[207]instructions, McDonald and Bancroft.

[208]among, McDonald.

[209]know, McDonald.

[210]at inserted by Bancroft.

[211]with consente, McDonald.

[212]goode, Bancroft.

[213]guard, McDonald.

[214]prove, McDonald.

[215]fitte, Bancroft.

[216]apart, McDonald.

[217]means, Bancroft.

[218]as, inserted by Bancroft.

[219]sent, McDonald.

[220]neglect, McDonald.

[221]shall be, McDonald.

[222]Governour, McDonald and Bancroft.

[223]in, McDonald.

[224]seated, McDonald.

[225]growth, McDonald.

[226]sixe, McDonald and Bancroft.

[227]leaste, McDonald and Bancroft.

[228]vertue, McDonald.

[229]shall be, McDonald.

[230]further, McDonald.

[231]settled, McDonald.

[232]next, McDonald.

[233]comodity, McDonald and Bancroft.

[234]shall be, McDonald.

[235]Governor, McDonald.

[236]English, Bancroft.

[237]wee doe, McDonald.

[238]seedes, Bancroft.

[239]Governour, McDonald and Bancroft.

[240]soe, McDonald.

[241]such, Bancroft.

[242]eache, McDonald and Bancroft.

[243]qualitye, Bancroft.

[244]contracts, McDonald.

[245]send, McDonald.

[246]duly, McDonald.

[247]Governr, McDonald.

[248]&, McDonald.

[249]shall be, McDonald.

[250]Governr, McDonald; Governour, Bancroft.

[251]return, Bancroft.

[252]magazine, McDonald.

[253]wronge, McDonald.

[254]England, McDonald.

[255]Sassafras brought, McDonald; to be brought, Bancroft.

[256]goodes, Bancroft.

[257]means, Bancroft.

[258]same, McDonald and Bancroft.

[259]England, McDonald.

[260]into, McDonald and Bancroft.

[261]upheld, Bancroft.

[262]know, McDonald.

[263]how, McDonald.

[264]wee, McDonald.

[265]Law, McDonald.

[266]which, McDonald.

[267]26th, McDonald and Bancroft.

[268]Magazine, McDonald.

[269]duringe, McDonald.

[270]certain, Bancroft.

[271]Governour, McDonald and Bancroft.

[272]the, omitted by McDonald.

[273]wee, McDonald, Bancroft.

[274]encouragement, McDonald.

[275]severall, McDonald; several, Bancroft; this word evidently the proper one.

[276]said, McDonald, Bancroft.

[277]magazine, McDonald.

[278]shall be, McDonald.

[279]setled, Bancroft.

[280]And, Bancroft.

[281]doe, McDonald.

[282]magazine, McDonald.

[283]buy, McDonald.

[284]magazine, McDonald.

[285]lastly, McDonald.

[286]lawful, McDonald.

[287]Governour, McDonald and Bancroft.

[288]As this word is spelt by McDonald in every instance with the final e this note will not be repeated.

[289]much, McDonald.

[290]countrey, McDonald.

[291]Magazin, Bancroft.

[292]do., do.

[293]prove, Bancroft.

Tuesday, Aug. 3,[294]1619.

This morning a thirde[295]sorte of lawes (suche as might proceed out of every man's private conceipt[296]) were read and referred by halves to the same comitties[297]wchwere from the beginning.

This done, Captaine[298]William Powell presented to the Assembly a petition to have justice against a lewde[299]and trecherous servante of his who by false accusation given up in writing to the Governor[300]sought not onely to gett[301]him deposed from his government of James citty and utterly (according to the Proclamation) to be degraded from the place and title of a Captaine, but to take his life from him also. And so out of the said Petition sprang this order following:

Captaine William Powell presented a Petition to the generall[302]Assembly against[303]one Thomas Garnett, a servant of his, not onely for extreame neglect of his business to the great loss[304]and prejudice of the said Captaine, and for openly and impudently abusing his house, in sight both of Master and Mistresse, through wantonnes[305]wtha woman servant of theirs, a widdowe, but also for falsely accusing him to the Governor[306]both of Drunkenes &[307]Thefte, and besides for bringing all[308]his fellow servants to testifie[309]on his side, wherein they justly failled[310]him. It was thought fitt by the general assembly (the Governour himselfe[311]giving sentence), that he should stand[312]fower dayes with his eares nayled to the Pillory, viz: Wednesday, Aug. 4th, and so likewise Thursday, fryday and Satturday[313]next following, and every of those fower dayes should be publiquely whipped. Now, as touching the neglecte of his worke, what satisfaction ought to be made to his Mrfor that is referred to the Governour and Counsell of Estate.

The same morning the lawes abovewritten, drawen out of the instructions, were read, and one by one thoroughly examined, and then passed once again[314]the general[315]consente of the whole Assembly.

This afternoon the committies brought in a reporte, what they haddone as concerning the third sorte of lawes, the discussing whereof spente the residue of that daye. Excepte onely the consideration of a petition of MrJohn Rolfes againste Captaine John Martine[316]for writing a letter to him wherein (as MrRolfe 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, wchis 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 MrRolfes' was thought fitt to be referred to the Counsell of State.

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