STATE PAPERS.

COLONIAL. Vol. I.—No. 45.

[July 30, 1619.][J]

A Reporte of the manner of proceeding [K] in the General assembly convented at James citty in Virginia, July 30, 1619, consisting of the Governo^r, the Counsell of Estate [L] and two Burgesses elected out of eache Incorporation and Plantation, and being dissolved the 4^th of August next ensuing.

First. Sir George Yeardley, Knight Governo^r & Captaine general of Virginia, having sente his sumons all over the Country, as well to invite those of the Counsell of Estate that were absente as also for the election of Burgesses, there were chosen and appeared

For James citty
Captaine William Powell,
Ensigne William Spense.
For Charles citty
Samuel Sharpe,
Samuel Jordan.
For the citty of Henricus
Thomas Dowse,
John Polentine.
For Kiccowtan
Captaine William Tucker,
William Capp.
For Martin Brandon—Capt. John Martin's Pla'tation
M^r Thomas Davis,
M^r Robert Stacy.
For Smythe's hundred
Captain Thomas Graves,
M^r Walter Shelley.
For Martin's hundred
M^r John Boys,[7]
John Jackson.
For Argall's guiffe[8]
M^r Pawlett,
M^r Gourgaing.[9]
For Flowerdieu hundred
Ensigne [10] Rossingham,
M^r Jefferson.
For Captain Lawne's plantation
Captain Christopher Lawne,
Ensigne [11] Washer.
For Captaine Warde's plantation
Captaine Warde,
Lieutenant Gibbes.

The most convenient place we could finde to sitt in was the Quire of the Churche Where Sir George Yeardley, the Governour, being sett downe in his accustomed place, those of the Counsel of Estate sate nexte him on both handes, excepte onely the Secretary then appointed Speaker, who sate right before him, John Twine, clerke [12] of the General assembly, being placed nexte the Speaker, and Thomas Pierse, the Sergeant, standing at the barre, to be ready for any service the Assembly shoulde comaund [13] him. But forasmuche as men's affaires doe little prosper where God's service is neglected, all the Burgesses tooke their places in the Quire till a prayer was said by Mr. Bucke, the Minister, that it would please God to guide and sanctifie all our proceedings [14] to his owne glory and the good of this Plantation. Prayer being ended, to the intente that as we [15] had begun at God Almighty, so we [16] might proceed w^th awful and due respecte towards the Lieutenant, our most gratious and dread Soveraigne, all the Burgesses were intreatted to retyre themselves into the body of the Churche, w^ch being done, before they were fully admitted, they were called in order and by name, and so every man (none staggering at it) tooke the oathe of Supremacy, and then entred [17] the Assembly. At Captaine Warde the Speaker tooke exception, as at one that without any Comission or authority had seatted himselfe either upon the Companies, and then his Plantation would not be lawfull, or on Captain Martin's lande, and so [18] he was but a limbe or member of him, and there could be but two Burgesses for all. So Captaine Warde was comanded to absente himselfe till such time as the Assembly had agreed what was fitt for him to doe. After muche debate, they resolved on this order following:

An order concluded by the General assembly concerning Captaine Warde, July 30^th,[19] 1619, at the opening of the said Assembly.

At the reading of the names of the Burgesses, Exception was taken against Captaine Warde as having planted here in Virginia without any authority or comission from the Tresurer, Counsell and Company in Englande. But considering he had bene at so great chardge and paines to augmente this Colony, and had adventured his owne person in the action, and since that time had brought home a good [20] quantity of fishe, to relieve the Colony by waye of trade, and above all, because the Comission for authorising the General Assembly admitteth of two Burgesses out of every plantation w^thout restrainte or exception. Upon all these considerations, the Assembly was contented to admitt of him and his Lieutenant (as members of their body and Burgesses) into their society. Provided, that the said Captaine Warde, w^th all expedition, that is to saye between this and the nexte general assembly (all lawful impediments excepted), should procure from the Tresurer,[21] Counsell and Company in England a comission lawfully to establish [22] and plant himselfe and his Company as the Chieffs [23] of other Plantations have done. And in case he doe neglect this he is to stande to the censure of the nexte generall assembly. To this Captaine Warde, in the presence of us all, having given his consente and undertaken to performe the same, was, together w^th his Lieutenant, by voices of the whole Assembly first admitted to take the oath of Supremacy, and then to make up their number and to sitt amongst them.

This being done, the Governour himselfe alledged that before we proceeded any further it behooved us to examine whither it were fitt, that Captaine Martin's Burgesses shoulde [24] have any place in the Assembly, forasmuche as he hath a clause in his Patente w^ch doth not onely exempte him from that equality and uniformity of lawes and orders w^er [25] the great charter faith are to extende [26] over the whole Colony, but also from diverse such lawes as we must be enforced [27] to make in the General Assembly. That clause is as followeth: Item. That it shall and may be lawfull to and for the said Captain John Martin, his heyers, executours and assignes to governe and comaunde all suche [28] person or persons as at this time he shall carry over with him, or that shalbe [29] sente him hereafter, free from any comaunde of the Colony, excepte it be in ayding and assisting the same against [30] any forren or domestical enemy.

Upon the [31] motion of the Governour, discussed the same time in the assembly, ensued this order following:

An order of the General Assembly touching a clause in Captain [32] Martin's Patent at James Citty, July 30, 1619.

After all the Burgesses had taken the oath of Supremacy and were admitted into the house, and all sett downe in their places, a Copie of Captain [33] Martin's Patent [34] was produced by the Govern^or [35] out of a Clause whereof it appeared that when the general [36] assembly had made some kinde of lawes requisite for the whole Colony, he and his Burgesses and people might deride the whole company and chuse whether they would obay [37] the same or no.[M] It was therefore ordered in Courte that the foresaid two Burgesses should w^thdrawe themselves out of the assembly till suche time as Captaine Martin had made his personall appearance before them. At what time, if upon their motion, if he would be contente to quitte and give over that parte of his Patente, and contrary therunto woulde submitte himselfe to the general forme of governemente as all others did, that then his Burgesses should be readmitted, otherwise they were utterly to be excluded as being spies rather than [43] loyal Burgesses, because they had offered themselves to be assistant at the making of [44] lawes w^ch both themselves and those whom they represented might chuse whether they would obaye [45] or not.

Then came there in a complainte against Captain [46] Martin, that having sente his Shallop to trade for corne into the baye, under the commaunde of one Ensigne Harrison, the saide Ensigne should affirme to one Thomas Davis, of Paspaheighe,[47] Gent. (as the said Thomas Davis deposed upon oathe,) that they had made a harde voiage, had they not mett w^th a Canoa coming out of a creeke where their shallop could not goe. For the Indians refusing to sell their Corne, those of the shallop entered the Canoa w^th their armes and tooke it by force, measuring out the corne w^th a baskett they had into the Shallop and (as the said Ensigne Harrison saith) giving them satisfaction in copper beades [48] and other trucking stuffe.

Hitherto Mr. Davys upon his oath.

Furthermore it was signified from Opochancano to the Governour that those people had complained to him to procure them justice.[49] For w^ch considerations and because suche [50] outrages as this might breede danger and loss [51] of life to others of the Colony w^ch should have leave to trade in the baye hereafter, and for prevention of the like violences against the Indians in time to come, this order following was agreed on by the general assembly:

A second order against Captain Martin, at James citty, July 30, 1619.

It was also ordered by the Assembly the same daye that in case Captaine Martin and the ging of his shallop would [52] not throughly answere an accusation of an outrage comitted against a certaine Canoa of Indians in the baye, that then it was thought reason (his Patent,[53] notw^thstanding the authority whereof, he had in that case abused) he shoulde [54] from henceforth take leave of the Governour [55] as other men, and should putt [56] in security, that his people shall comitte no such [57] outrage any more.

Upon this a letter or warrant was drawen in the name of the whole assembly to sumon Captaine Martin to appeare before them in forme following:

By the Governo^r [58] and general assembly of Virginia.

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 w^th us about some matters of especial [60] importance, w^ch concerns [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.

These obstacles removed, the Speaker, who a long time had bene extreame 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, w^ch did 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 w^ch the 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 w^th the state of this Colony or any lawe w^ch did 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 perusing
the first booke of the fower:

1. Captain William Powell,	2. Ensigne Rosingham,
3. Captaine Warde,	4. Captaine Tucker,
5. Mr. Shelley,	6. Thomas Douse,
7. Samuel Jordan,	8. Mr. Boys.

The names of the Comitties for perusing the second booke:

1. Captaine Dawne,[N]	2. Captaine Graves,
3. Ensigne Spense,	4. Samuel Sharpe,
5. William Cap,	6. Mr. Pawlett,
7. Mr. Jefferson,	8. Mr. Jackson.

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