USA > Virginia > Narratives of early Virginia, 1606-1625 > Part 20
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On November 18, 1618, the company ratified the "great charter of priviledges, orders and Lawes," and directed it to the governor and council of estate in Virginia. The same day they adopted a commission for establishing a governor, a council of state and a General Assembly, thereby giving to America its first experience of a plantation with a written con- stitution for internal affairs.
On April 17, 1619, Sir George Yeardley arrived at James- town as governor and captain-general to put the new system into operation. Martial law and communism were abolished ; lands were assigned to the settlers; four corporations were created; and the settlements were invited to send delegates to Jamestown to cooperate with the company in making laws.
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Accordingly, July 30, 1619, the first legislative assembly that ever convened on the American continent met in the church at Jamestown. It consisted of the governor, six councillors, and twenty burgesses - two from each of ten settlements.
Captain John Martin's delegates were not seated, because of a clause in his patent excepting his plantation from colonial authority. The secretary of the colony, John Pory, who was a member by virtue of his being a member of the council, was elected speaker. He had served several years in Parlia- ment, and was, therefore, familiar with the forms and pro- ceedings of deliberative assemblies. The assembly after a prayer from Rev. Richard Buck, of Jamestown, sat six days and did much business.
When Hening published his collection of the statutes of Virginia (1809), he was unable to find any copy of the proceed- ings of this the first and most interesting of the assemblies of Virginia. In 1853, however, Conway Robinson reported to the Virginia Historical Society that, on a recent visit to London, he had seen the original in the State Paper Office of England. In 1857, George Bancroft had a copy made, and published it that year in the Collections of the New York Historical Society, (second series, III. 329-358). Subsequently a second copy was obtained from London by Col. Angus McDonald when sent to England to obtain papers necessary to protect the interests of Virginia against Maryland in regard to the boundary line. Still another copy was obtained, when Hon. D. C. De Jarnette went upon a similar errand. In 1874 De Jarnette's copy was printed by order of the Virginia State Senate as Colonial Records of Virginia, Senate Document Extra, and the copy below is made from this publication. The original record, which was written by the speaker, John Pory, is in the Public Record Office, State Papers, Domestic, James I., vol. I., no. 45.
L. G. T.
PROCEEDINGS OF THE VIRGINIA ASSEMBLY, 1619
A Reporte of the manner of proceeding in the General assembly convented at James citty in Virginia, July 30, 1619, con-" sisting of the Governor, the Counsell of Estate and two Burgesses elected out of eache Incorporation and Plantation, and being dissolved the 4th of August next ensuing.
FIRST. Sir George Yeardley,1 Knight, Governor and Cap- taine general of Virginia, having sent his sumons all over the Country, as well to invite those of the Counsell of Estate that were absent as also for the election of Burgesses, there were chosen and appeared.
For James citty 2
Captaine William Powell, Ensigne William Spense.
For Charles citty 3
Samuel Sharpe, Samuel Jordan.
For the citty of Henricus 4
Thomas Dowse, John Polentine.
1 Sir George Yeardley, who had been a soldier in the Low Country wars, sailed for Virginia as captain of Sir Thomas Gates's company in 1609. He was wrecked with Gates on the Bermuda Islands and reaching Virginia was deputy-governor from the departure of Dale in April, 1616, to the arrival of Argall in May, 1617. After Lord Delaware's death he was ap- pointed to succeed him as governor and captain-general. He convened the first legislative assembly in America. He served till November 18, 1621. In March, 1626, he was reappointed governor, and continued in that office till his death in November, 1627.
2 The immediate district of Jamestown.
3 The region of City Point.
4 Or Henrico; on Farrar's Island.
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For Kiccowtan 1 Captaine William Tucker, William Capp. For Martin Brandon2-Capt. John Martin's Plantation Mr. Thomas Davis, Mr. Robert Stacy. For Smythe's hundred 3
Captain Thomas Graves, Mr. Walter Shelley.
For Martin's hundred 4
Mr. John Boys, John Jackson.
For Argall's guiffe 5 Mr. Pawlett, Mr. Gourgaing.
For Flowerdieu hundred 6
Ensigne Roffingham, Mr. Jefferson.
For Captain Lawne's plantation 7
Captain Christopher Lawne, Ensigne Washer. For Captaine Warde's plantation 8 Captaine Warde, Lieutenant Gibbes.
1 Elizabeth City.
Brandon, on the south side of James River. This was one of the private plantations, resembling manors.
3 Afterward Southampton Hundred, running along the north side of the James, from Weyanoke to the Chickahominy. This hundred, and some of those subsequently mentioned, were the property of different small associ- ations subordinate to the Virginia Company. On hundreds, see p. 266, note 2.
4 In the east end of the present James City County, some miles below Jamestown.
5 Argall's Gift lay about a mile north of Jamestown. See p. 275, note 1.
6 On the south side of the river, half way from Brandon to City Point.
7 At Lawne's Creek in Isle of Wight County.
8 On the south side of James River, above Brandon, where Ward's Creek still preserves the name.
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The most convenient place we could finde to sitt in was the Quire 1 of the Churche Where Sir George Yeardley, the Gov- ernor, being sett downe in his accustomed place, those of the Counsel of Estate sate nexte him on both hands excepte onely the Secretary then appointed Speaker, who sate right before him, John Twine, clerke 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 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,2 the Minister, that it would please God to guide and sanctifie all our proceedings to his owne glory and the good of this Plantation. Prayer being ended, to the intente that as we had begun at God Almighty, so we might proceed with awful and due respecte towards the Lieutenant,3 our most gratious and dread Soveraigne, all the Burgesses were intreatted to retyre themselves into the body of the Churche, which 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 entred 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 he was but a limbe or member of him, and there could be but two Burgesses for all.4 So Captaine Warde was comanded to absent 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 :
1 Choir.
2 Rev. Richard Buck was educated at Oxford and came to Virginia in 1610 with Sir Thomas Gates. He married John Rolfe to Pocahontas in Jamestown, April 5, 1614. In 1618 Rolfe writes that "he was a verie good preacher." He died before February, 1624.
3 King James I. 4 The whole plantation.
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NARRATIVES OF EARLY VIRGINIA [1619
An order concluded by the General assembly concerning Captaine Warde, July 30th, 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 adventured his owne person in the action, and since that time had brought home a good 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 Bur- gesses out of every plantation without 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 with all expedition, that is to saye between this and the nexte general assembly (all lawful impediments ex- cepted), should procure from the Tresurer, Counsell and Com- pany in England a comission lawfully to establish and plant himselfe and his Company as the Chieffs of other Plantations have done. And in case he doe neglect this he is to stande to the censure of the nexte general assembly. To this Captaine Warde, in the presence of us all, having given his consente and undertaken to performe the same was, together with 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 Governor himselfe alledged that be- fore we proceeded any further it behooved us to examine whither it were fitt, that Captaine Martin's 1 Burgesses shoulde have any place in the Assembly, forasmuche as he hath a clause in his Patente which doth not onely exempte him from that equality and uniformity of lawes and orders which the
1 Captain John Martin was one of the original Council of Virginia, being the only member still resident in Virginia at this time. When Jamestown was abandoned in 1610, he was the only one of the colonists to protest against it. He was living as late as 1627.
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PROCEEDINGS OF THE VIRGINIA ASSEMBLY
great charter saith are to extende over the whole Colony, but also from diverse such lawes as we must be enforced 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 person or persons as at this time he shall carry over with him, or that shalbe sente him hereafter, free from any comaunde of the Colony, excepte it be in ayding and assisting the same against any forren or domestical enemy.
Upon the motion of the Governor, discussed the same time in the assembly, ensued this order following:
An order of the General Assembly touching a clause in Captain 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 Martin's Patent was produced by the Governor out of a Clause whereof it appeared that when the general 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 the same or no. It was therefore ordered in Courte that the fore- said two Burgesses should withdraw themselves out of the assembly till suche time as Captaine Martin had made his per- sonall 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 thereunto woulde submitte himselfe to the general forme of governemente as all others did, that then his Burgesses should be readmitted, otherwise they were to be utterly excluded as being spies rather than loyal Burgesses, because they had offered themselves to be assistant at the making of lawes which both themselves and those whom they represented might chuse whether they would obaye or not.
Then came there in a complainte against Captain Martin, that having sente his Shallop to trade for corne into the baye, under the commaunde of one Ensigne Harrison, the saide En-
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signe should affirme to one Thomas Davis, of Paspaheighe, Gent. (as the said Thomas Davis deposed upon oathe,) that they had made a harde voiage, had they not mett with 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 en- tered the Canoa with their armes and tooke it by force, measur- ing out the corne with a baskett they had into the Shallop and (as the said Ensigne Harrison saith) giving them satisfaction in copper beades 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. For which considerations and because suche outrages as this might breede danger and loss of life to others of the Colony which 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 day in case Captaine Martin and the ging 1 of his shallop would not thor- oughly answere an accusation of an outrage committed gainst a certaine Conoa of Indians in the baye, that then it was thought reason (his Patent notwithstanding, the authority whereof he had in that case abused) he should from henceforth take leave of the Governour as other men, and should putt in se- curity, that his people shall comitte no such 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 the forme following :
By the Governour and general assembly of Virginia.
Captaine Martine, we are to request you upon sight hereof, with all convenient speed to repair hither to James citty to treatt
1 Gang, or crew.
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and conferre wth us about some matters of especial importance which concerns both us and the whole Colony [and] yourself. And of this we praye younot 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 for a long time has bene extreame sickly, and therefore not able to passe through long harangues, delivered in briefe to the whole as- sembly the occasions of their meeting. Which done he read unto them the commission for establishing the Counsell of Estate and the general Assembly, wherein their duties were described to the life.
Having thus prepared them he read over unto them the greate Charter, or commission of privileges, orders and laws,1 sent by 2 Sir George Yeardley out of Englande. Which for the more ease of the Committies, having divided into fower books, he read the former two the same forenoon for expeditions sake, a second time over, and so they were referred to the perusall of twoe Committies, which did reciprocally consider of either, and accordingly brought in their opinions. But some may here objecte to what ende we should presume to referre that to the examination of Committies which the Counsell and Company in England had already resolved to be perfect, and did expect nothing but our assente thereunto. 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 3 not perfectly squaring with the state of this Colony or any lawe which 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 bind us and our heyers for ever.
1 This "greate Charter" was addressed to Sir George Yeardley. A copy is preserved in the Department of Manuscripts, Library of Congress, Washing- ton. It is presented with several omissions in the Virginia Magazine of History, II. 154-165.
2 With. 3 Anything.
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NARRATIVES OF EARLY VIRGINIA [1619
The names of the Committies 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 Committies for perusing the second booke:
1. Captaine Lawne,
2. Captaine Graves,
3. Ensigne Spense,
4. Samuel Sharpe,
5. William Cap, 6. Mr. Pawlett,
7. Mr. Jefferson, 8. Mr. Jackson.
These Committies thus appointed, we brake up the first forenoon's assembly.
After dinner the Governour and those that were not of the Committies sate a second time, while the said Committies were employed in the perusall of those twoe bookes. And whereas the Speaker had propounded fower severall objects for the Assembly to consider on: namely, first the great charter of orders, lawes and privileges; Secondly, which of the instruc- tions given by the Counsel in England to my Lo: La : warre,1 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 fitt to be sente home for England. It pleased the Governour for expedition sake to have the second objecte of the fower to be examined and prepared by himselfe and the Non-Committies. Wherein after having spente some three howers conference, the twoe Committies 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
1 Lord De-la-Warre or Delaware.
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equall and uniforme kinde of government over all Virginia &c.,) which the whole Assembly, because it was late, deferred to treatt of till the next morning.
Satturday, July 31.
The nexte daye, therefore, out of the opinions of the said Committies, it was agreed, these Petitions ensuing should be framed, to be presented to the Treasurer, Counsel and Company in England. Upon the Committies perusall of the first book, the Generall Assembly doe become most humble suitors to their lops 1 and to the rest of that honble Counsell and renowned Company, that albeit they have bene pleased to allotte unto the Governor to themselves, together with the Counsell of Estate here, and to the officers of Incorporations, certain lande 2 portions of lande to be layde out within the limites of the same, yet that they woulde vouchsafe also, that groundes as hereto- fore had bene granted by patent to the antient Planters by former Governours that had from the Company received comis- sion 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 comis- sion or authority for graunting of landes they have given to eache particular Governour in times paste.
The second petition of the General assembly framed by the Committies out of the second book is. That the Treasurer and Company in England would be pleased with as muche con- venient speed as may be to sende men hither to occupie their landes belonging to the fower Incorporations, as well for their owne behoofe and proffitt as for the maintenance of the Counsel of Estate, who are nowe to their extream hindrance often drawen far from their private busines and likewise that they will have a care to sende tenants to the ministers of the fower Incorporations to manure their gleab, to the intente that
1 Lordships.
2 Doubtless an error for large.
S
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all allowance they have allotted them of 200 G.1 a yeare may be more easily raised.
The thirde Petition humbly presented by this General Assembly to the Treasurer, Counsell and Company is, that it may plainly 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 2 were come hither upon their owne chardges, 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 for themselves, because that in a newe plan- tation it is not knowen whether man or woman be more neces- sary.
Their fourth Petition is to beseech the Treasurer, Counsell and Company that they would be pleased to appoint a Sub- Treasurer here to collecte their rents, to the ende that the In- habitants 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.3
The fifte Petition is to beseeche the Treasurer, Counsell and Company that, towards the erecting of the University and Colledge, they will sende, when they shall thinke it most con- venient, workmen of all sortes, fitt for that purpose.4
1 An error doubtless for £, as shown in the "Greate Charter," Virginia Magazine, II. 158. 2 Departure.
3 This refers to the quit-rent of twelve pence annually for every fifty acres of land granted to every settler "after midsummer day during the next seven years." The prayer of the petition is to pay "comodity," chiefly tobacco.
4 In response to this petition workmen were sent over, lands were laid out at Henrico, and a rector was elected for said "University and Colledge"; but the Indians in March, 1622, killed nearly all the people at the settlement and destroyed the enterprise.
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The sixte and laste is, they wilbe pleased to change the savage name of Kiccowtan, and to give that Incorporation a new name.1
These are the general Petitions drawen by the Comitties out of the two former bookes which the whole general assembly in maner and forme above sett downe doe most humbly offer up and present to the honourable construction of the Treasurer, Counsell and Company in England.
These petitions thus concluded on, those twoe Comitties- broughte me a reporte what they had observed in the two latter bookes, which was nothing else but that the perfection of them was suche as that they could finde nothing therein subject to exception, only the Governors 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 behoove us not to make as lardge distances between Plantation as ten miles, but for our more strength ande security to drawe nearer together. At the same time, there remaining no 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 thankful 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 debating of suche instructions given by the Counsell in England to several Governors as might be converted into lawes, the last whereof was the Establishment of the price of Tobacco, namely, of the best at 3d2 and the second at 18d the pounde. At the read- ing of this the Assembly thought good to send for Mr. Abraham Persey, the Cape marchant,3 to publishe this instruction to
1 It was given the name of Elizabeth City.
3 Keeper of the public stores.
2 An error for 3s.
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him, and to demaunde of him if he knewe of any impediment why it might not be admitted of ? His answere was that he had not as yet received any suche order from the Adventurers of the 1 in England. And notwithstanding he sawe the authority was good, yet was he unwilling to yield, till suche time as the Governor 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 Mar- chant, from this daye forwarde to take notice, that, according to an article in the Instructions confirmed by the Treasurer, Counsell and Company in Englande at a general quarter courte, both by voices and under their hands and the Comon seall, and given to Sir George Yeardley, knight, this present governour, Decemb. 3, 1618, that you are bounde to accepte of the Tobacco of the Colony, either for commodities or upon billes, at three shillings the beste and the second sorte at 18d the punde, and this shalbe your sufficient dischardge.
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