FOOTNOTES

[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] 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] Govn^rs, McDonald; Gov^rs, Bancroft.

[117] Behoove, McDonald, Bancroft.

[118] So, McDonald, Bancroft.

[119] Noe, McDonald.

[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.

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

[127] Gov^r, McDonald, Bancroft.

[128] Counsell, Treasurer, McDonald.

[129] McD. inserts the.

[130] handes, McD.

[131] seale, McD., Bft.

[132] Dec^r, 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] w^ch (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 all intentes and [161] purposes, as any lord of any manours in England dothe holde his grounde out of w^ch some 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 lo^pps [163] and the rest of that hon^ble house [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 w^th equall 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 l^ops, 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 w^ch exempteth 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.

Here begin the lawes drawen out of the Instructions given by his Mat^ies Counsell 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 w^ch he belongeth to appoint him a M^r to 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 Governo^r [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 Govern^r [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 w^th our 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 case they 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 w^th the 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 w^ch children 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 w^ch duty he shalbe [221] subjecte to the censure of the Govern^r [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, w^ch being 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 Governo^r [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 Governo^r and 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 w^ch they 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 Governo^r [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 it here for a lawe [265] among the rest of our lawes. The w^ch [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 Governo^r [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, w^thout trading w^th any 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 w^ch shall 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 w^ch the 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 Govern^r [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 persuade and 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.