FOOTNOTES

[323] who, omitted by McDonald.

[324] who, inserted by McDonald.

[325] review, McDonald.

[326] cominge, McDonald.

[327] thoroughly, McDonald.

[328] generall, McDonald.

[329] maye, Bancroft.

[330] privat, McDonald, Bancroft.

[331] will, omitted by McDonald.

[332] goe, McDonald.

[333] where he dwelleth, added in McDonald copy.

[334] do, McDonald, Bancroft.

[335] English, McDonald.

[336] mastiffe, McDonald.

[337] 5^b, McDonald; £5, Bancroft.

[338] Fact, McDonald.

[339] In the McDonald copy this and the paragraph next preceding are transposed.

[340] Governour, McDonald, Bancroft.

[341] therewith, McDonald, Bancroft.

[342] penalty, McDonald.

[343] shillings, Bancroft.

[344] resorte, McDonald, Bancroft.

[345] Gover^nr, McDonald; Governour, Bancroft.

[346] comander, McDonald; comand^r, Bancroft.

[347] State, McDonald.

[348] State, McDonald.

[349] do., Bancroft.

[350] w^thin, McDonald.

[351] State, McDonald.

[352] In the McDonald copy, from the word conditions, in the third line above, to this point are omitted.

[353] Governour, McDonald, Bancroft.

[354] Councill, McDonald.

[355] shall be, McDonald, Bancroft.

[356] steers, McDonald.

[357] helde, McDonald, Bancroft.

[358] against, McDonald, Bancroft.

[359] also McDonald, Bancroft.

[360] ob., McDonald.

[361] Church, McDonald.

[362] afternoone, McDonald.

[363] comunion, McDonald, Bancroft.

[364] shall be, McDonald.

[365] prevente, McDonald.

[366] whereof, McDonald, Bancroft.

[367] good, McDonald, Bancroft.

[368] reproofe, McDonald.

[369] offences, McDonald.

[370] whoredoms, McDonald.

[371] such, McDonald.

[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.

[387] presente, McDonald.

[388] discharge, McDonald.

[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.

[397] shall have trade, Bancroft.

[398] Governour's, McDonald, Bancroft.

[399] Governour, McDonald; Gov^r, Bancroft.

[400] Councell, McDonald.

[401] days, McDonald, Bancroft.

[402] bringe, McDonald.

[403] forfaict, Bancroft.

[404] shillings, Bancroft.

[405] magistrate, McDonald.

[406] shall be, McDonald, Bancroft.

[407] Gover^nr, McDonald; Gov^r, Bancroft.

[408] Council, McDonald.

[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^thin 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.

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.

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]

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.

The last acte of the Generall Assembly was a contribution to gratifie their officers, as followeth:[P]

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^thstanding 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.

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.

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.

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.

Their last humble suite is,[469] that the said Counsell & Company would be pleased, so soon as they shall finde [470] it convenient, to make good their promise sett downe [471] at the conclusion of their comission for establishing the Counsel [472] of Estate & the General [473] Assembly, namely, that they will give us power to allowe or disallowe of their orders of Courte, as his Ma^ty [474] hath given them power to allowe or to reject [475] our lawes.

In sume Sir George Yeardley, the Governo^r [476] prorogued the said General [477] Assembly till the firste of Marche, which is to fall out this present yeare of 1619, and in the mean season dissolved the same.

FINIS.

I certify that the foregoing is a true and
authentic copy taken from the volume
above named.

JOHN McDONAGH,
Record Agent,
July 14th, 1871.

The McDonald copy has the following after Finis:

(in Dorso.)

1619.
The proceedings of the first Assembly of Virginia. July 1619.
True Copy,
AUGUSTUS AUSTEN BURT.