USA > Virginia > Narratives of early Virginia, 1606-1625 > Part 21
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James citty out of the said General Assembly, July 31, 1619.
At the same the Instructions convertible into lawes were referred to the consideration of the above named Committies, viz., the general Instructions to the first Committie and the particular Instructions to the second, to be returned by them into the assembly on Munday morning.
Sunday, Aug. 1.
Mr. Shelley,2 one of the Burgesses, deceased.
Munday, Aug. 2.
Captain John Martin (according to the sumons sent him on Fryday, July 30,) made his personall appearance at the
1 Supply " Magazine," which appears in the Bancroft and McDonald copies.
2 Walter Shelley of Smyth's Hundred, the country on the north side of the river between Weyanoke and Chickahominy River.
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barre, whenas the Speaker having first read unto him the orders of the Assembly that concerned him, he pleaded lardgely for himself to them both and indevoured to answere some other thinges that were objected against his Patente. In fine, being demanded out of the former order whether he would quitte that clause of his Patent which (quite otherwise then Sir William Throckmorton's, Captain Christopher Lawnes and other men's patentes) exempteth himselffe and his people from all services of the Colonie excepte onely in case of warre against a forren or domesticall enemie, His answere was negative, that he would not infringe any parte 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 notwithstanding) whensoever he should send in to the baye to trade, he would be contente to putt in security to the Governour for the good behaviour of his people towardes the Indians.
It was at the same time further ordered by the Assembly that the Speaker, in their names, should (as he nowe doth) humbly demaunde of the Treasurer, Counsell and Company an exposition of this one clause in Captaine Martin's Patente namely, where it is saide That he is to enjoye his landes in as lardge and ample manner, to all intentes and purposes, as any lord of any manours in England dothe holde his grounde out of which 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 impos- sible for us here to knowe the Prerogatives of all manours in Englande. The Assembly therefore humbly beseeches their lopps and the rest of that Honble house that in case they shall finde any thing in this or in any other parte of his graunte wherby that clause towards the conclusion of the great charter, (viz., that all grauntes aswell of the one sorte as of the other respectively, be made with equall favour, and graunts of like liberties and imunities as neer as may be, to the ende that all
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complainte of partiality and indifferency may be avoided,) might in any sorte be contradicted or the uniformity and equal- ity of lawes and 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 publique current of Justice.
Upon the same ground and reason their lops, together with the rest of the Counsell and Company, are humbly besought by this general assembly that if in that other clause which ex- empteth Captaine Martin and his people from all services of the Colony etc., they shall finde any resistance [to] that equality and 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 Captaine Martin, for those ten shares al- lowed him for his personal adventure and 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 here, what kinde of shares they meante he should have when they gave him his Patent.1
The premisses about Captaine Martin thus resolved, the Committies appointed to consider what instructions are fitt to be converted into lawes, brought in their opinions, and first of some of the general instructions.
Here begin the lawes drawen out of the Instructions given by his Mates Counsell of Virginia in England to my lo: la warre, Captain Argall and Sir George Yeardley, knight.
By this present General Assembly be it enacted that no in- jury or oppression be wrought by the English against the Indians whereby the present peace might be disturbed and antient quarrells might be revived. And farther be it ordained that the Chicohomini are not to be excepted out of this lawe; un-
1 The question of Captain Martin's patent came up in England, and he was finally forced to take a new patent submitting to the authority of the colony.
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till either that suche order come out of Englande or that they doe provoke us by some newe injury.
Against Idlenes, Gaming, drunkenes and excesse in ap- parell the Assembly hath enacted as followeth :
First, in detestation of Idlenes be it enacted, that if any man be founde to live as an Idler or renagate, though a freedman, it shalbe lawful for that Incorporation or Plantation to which he belongeth to appoint him a Mr1 to serve for wages, till he shewe apparant signes of amendment.
Against gaming at dice and Cardes be it ordained by this present assembly that the winner or winners shall lose all his or their winninges and both winners and loosers shall forfaite ten shillings a man, one ten shillings whereof to go to the dis- coverer, and the rest to charitable and pious uses in the Incor- poration where the faulte 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 pub- liquely, the thirde time to lye in boltes 12 howers in the house of the Provost Marshall and to paye his fee, and if he still continue in that vice, to undergo suche severe punishment as the Governor 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 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. Pro- vided it be understood that the Governor hath alwayes power to restore him when he shall in his discretion thinke fitte.
Against excesse in apparell that every man be cessed in the churche for all publique contributions, if he be unmarried according to his owne apparell, if he be married, according to his owne and his wives, or either of their apparell.
As touching the instruction of drawing some of the better disposed of the Indians to converse with our people and to
1 Master,
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live and labour amongst them, the Assembly who knowe well their dispositions thinke it fitte to enjoin, least to counsell those of the Colony, neither utterly to reject 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 with the consente of the Governour. Provided that good guarde in the night be kept upon them for generally (though some amongst many may proove good) they are a most trecherous people and quickly gone when they have done a villany. And it were fitt a house were builte for them to lodge in aparte by themselves, and lone inhabitants by no meanes to entertain 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 plan- tation do obtaine unto themselves by just means a certine number of the natives' children to be educated by them in true religion and civile course of life - of which children the most towardly boyes in witt and graces of nature to be brought up by them in the first elements of litterature, so to be fitted for the Colledge intended for them that from thence they may be sente to that worke of conversion.
As touching the busines of planting corne this present Assembly doth ordain that yeare by yeare all and every house- holder 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 of which duty he shalbe subjecte to the censure of the Governor and Counsell of Estate. Provided always that the first yeare of every newe man this lawe shall not be of force.
About the plantation of Mulbery trees, be it enacted that every man as he is seatted upon his division, doe for seven yeares together, every yeare plante and maintaine in growte
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six Mulberry trees at the least, and as many more as he shall think conveniente and as his vurtue and Industry shall move him to plante, and that all suche persons as shall neglecte the yearly planting and maintaining of that small proportion shalbe subjecte to the censure of the Governour and the Counsell of Estate.
Be it farther enacted as concerning Silke-flaxe, that those men that are upon their division or setled habitation doe this next yeare plante and dresse 100 plantes, which being founde a comodity, may farther be increased. And whosoever do faill in the performance of this shalbe subject to the punishment of the Governour and Counsell of Estate.
For hempe also both English and Indian and for English flax and Anniseeds, we do require and enjoine all householders of this Colony that have any of those seeds to make tryal thereof 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 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 many as need shall require, suche 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 one being payde ac- cording to the quality of his trade and worke, to be estimated, if he shall not be contented, by the Governor 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 made in Eng- land between the owners of the lande and their Tenants and Servantes which they shall sende hither, may be caused to be duely performed, and that the offenders be punished as the Governour and Counsell of Estate shall thinke just and con- venient.
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Be it established also by this present Assembly that no crafty or advantagious means be suffered to be put in practise for the inticing awaye the Tenants or Servants of any particular plantation from the place where they are seatted. And that it shalbe the duty of the Governor and Counsell of Estate most severely to punish both the seducers and the seduced, and to returne these latter into their former places.
Be it further enacted that the orders for the Magazin lately made be exactly kepte, and that the Magazin 1 be preserved from wrong and sinister practises, and that according to the orders of courte in Englande all Tobacco and sasafras be brought by the Planters to the Cape marchant till suche time as all the goods nowe or heretofore sent for the Magazin be taken off their hands at the prices agreed on. That by this meanes the same going for Englande with one hande the price thereof may be uphelde the better. And to that 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 howe to observe it, we holde it fitt to publishe it here for a lawe among the rest of our lawes. The which order is as followeth :
Upon the 26 of October, 1618, it was ordered that the Magazin should continue during the terme formerly prefixed and that certaine 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 shall have an invoice as well as the Cape Marchant, that if any abuse in the sale of the goods be offered, wee upon Intelligence and due exami- nation thereof, shall see it correctede. And for incouragement of particular hundreds,2 as Smythe's hundred, Martin's hun- dred, Lawnes' hundred, and the like, it is agreed that what comodoties are reaped upon anie of these General 3 Colonies,
1 The company's storehouse.
2 Hundred was the Anglo-Saxon word for a community occupying a larger territory than a town or for a subdivision of the county. The application was revived in Virginia, and the hundred might embrace several boroughs.
3 Bancroft's and McDonald's copies render this word "severall," which is evidently right.
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it shalbe lawefull for them to returne the same to their owne adventurers. Provided that the same comodity be of their owne growing, without trading with 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 shalbe bought by the said particular Colonies before any other goods which 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 Colony they might be capable of the same priviledges that are graunted to any of the foresaid hundreds. Hitherto the order.
All the general Assembly by voices concluded not only the acceptance and observation of this order, but of the Instruc- tion also to Sir George Yeardley next preceding the same. Provided first, that the Cape Marchant do 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 have at any time any necessary comodity which the Magazine dothe wante, it shall and may be lawfull for any of the Colony to buye the said necessary comodity of the said party, but upon the termes of the Magazin viz: allowing no more gaine then 25 in the hundred, and that with the leave of the Governour. Provided lastly, that it may be lawfull for the Governor to give leave to any Mariner, or any other person that shall have any suche necessary comodity wanting to the Magazin to carrie home for Englande so muche Tobacco or other naturall comodities of the Country 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, be it enacted, and by these presents we doe enacte, that if upon the Judgement of fower sufficient men of any incorporation where the Magazine shall reside, (having first taken their oaths to give true sentence, twoe whereof to be chosen
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by the Cape Marchant and twoe by the Incorporation), any Tobacco whatsoever shall not proove 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.
Tuesday, Aug. 3, 1619. .
This morning a thirde sorte of lawes (suche as might pro- ceed out of every man's private conceipt) were read and referred by halves to the same comitties which were from the beginning.
This done, Captaine William Powell presented to the Assembly a pettiton to have justice against a lewde and trecher- ous servante of his who by false accusation given up in writing to the Governor sought not only to gett him deposed from his government of James citty and utterly (according to the Proc- lamation) to be degraded from the place and title of a Cap- taine,1 but to take his life from him also. And so out of the said Petition sprang this order following:
Captaine William Powell presented a pettition to the generall Assembly against one Thomas Garnett, a servant of his, not onely for extreame neglect of his business to the great loss and prejudice of the said Captaine, and for openly and im- pudently abusing his house, in sight both of Master and Mis- tress, through wantonnes with a woman servant of theirs, a widdowe, but also for falsely accusing him to the Governor both of Drunkennes and Thefte, and besides for bringing all his fellow servants to testifie on his side, wherein they justly failed him. It was thought fitt by the general assembly (the Governour himself giving sentence), that he should stand fower dayes with his eares nayled to the Pillory, viz: Wednesday, Aug. 4th, and so likewise Thursday, fryday, and Satturday next following, and every of those dayes should be publiquely whipped. Now, as touching the neglecte of his worke, what satisfaction ought to be made to his Mr 2 for that is referred to the Governour and Counsell of Estate.
1 In 1617 Governor Samuel Argall made Powell captain of the governor's guard, and commander of Jamestown, the fort, and the blockhouses.
2 Master.
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The same morning the lawes abovewritten, drawen out of the instructions, were read, and one by one thoroughly ex- amined, and then passed once again the general consente of the whole Assembly.
This afternoon the comitties brought in a reporte, what they had done as concerning the thirde sorte of lawes, the dis- cussing whereof spente the residue of that daye. Excepte onely the consideration of a pettiton of Mr. John Rolfes againste Captaine John Martine for writing a letter to him wherein (as Mr. Rolfe alledgeth) he taxeth him both unseemly and amisse of certaine thinges wherein he was never faulty, and besides, casteth some aspersion upon the present govern- ment, which is the most temperate and juste that ever was in this country, too milde indeed, for many of this Colony, whom unwoonted liberty hath made insolente and not to know themselves. This Petition of Mr. Rolfes' was thought fitt to be referred to the Counsell of State.
Wednesday, Aug. 4th.
This daye (by reason of extream heat, both paste and likely to ensue and by that meanes of the alteration of the healthes of diverse of the general Assembly) the Governour, who him- self also was not well, resolved should be the last of this first session; so in the morning the Speaker (as he was required by the Assembly) redd over all the lawes and orders that had formerly passed the house, to give the same yett one reviewe more, and to see whether there were any thing to be amended or that might be excepted againste. This being done, the third sorte of lawes which I am nowe coming to sett downe, were read over [and] thoroughly discussed, which, together with the former, did now passe the laste and finall consente of the General Assembly.
A thirde sorte of lawes, suche as may issue out of every man's private conceipte.
It shalbe free for every man to trade with the Indians, servants onely excepted, upon paine of whipping, unless the
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Mr. will redeeme it off with the payment of an Angell,1 one- fourth parte whereof to go to the Provost Marshall one fourth parte to the discoverer, and the other moyty 2 to the publique uses of the Incorporation.
That no man doe sell or give any of the greatter howes 3 to the Indians, or any English dog of quality, as a mastive, greyhound, bloodhounde, lande or water spaniel, or any other dog or bitche whatsoever, of the Englishe race, upon paine of forfaiting 5s sterling to the publique uses of the Incorporation where he dwelleth.
That no man do sell or give any Indians any piece shott or poulder, or any other armes, offensive or defensive upon paine of being held a Traytour to the Colony, and of being hanged as soon as the facte is proved, without all redemption.4
That no man may go above twenty miles from his dwelling- place, nor upon any voiage whatsoever shalbe absent from thence for the space of seven dayes together without first hav- ing made the Governor or comaunder of the same place ac- quainted therwith, upon paine of paying twenty shillings to the publique uses of the same Incorporation where the party de- linquent dwelleth.
That no man shall purposely goe to any Indian townes, habitations or places or resortes without leave from the Governor or comaunder of that place wher he liveth, upon paine of paying 40s to publique uses as aforesaid.
That no man living in this Colony, but shall between this and the first of January nexte ensueing come or sende to the Secretary of Estate to enter his own and all his servants' names, and for what terme or upon what conditions they are to serve, upon penalty of paying 40s to the said Secretary of Estate. Also, whatsoever Mrs 5 or people doe come over to this plan- tation that within one month of their arrivall (notice being first given them of this very lawe) they shall likewise resorte
An English coin bearing the figure of the archangel Michael, worth from 8s. 6d. to 10s. 2 Half. 3 Hoes.
4 As long as the Indians had to depend on their bows and arrows, they were comparatively harmless.
5 I.e., masters.
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to the Secretary of Estate and shall certifie him upon what termes or conditions they be come hither, to the ende that he may recorde their grauntes and comissions, and for how long time and upon what conditions their servants (in case they have any) are to serve them, and that upon paine of the penalty nexte above mentioned.
All Ministers in the Colony shall once a year, namely, in the moneth of Marche, bring to the Secretary of Estate a true account of all Christenings, burials and marriages, upon paine, if they faill, to be censured for their negligence by the Governor and Counsell of Estate; likewise, where there be no ministers, that the comanders of the place doe supply the same duty.
No man, without leave of the Governor, shall kill any Neatt 1 cattle whatsoever, young or olde, especially kine, Heyfurs or cow-calves, and shalbe careful to perserve their steers and oxen, and to bring them to the plough and such profitable uses, and without having obtained leave as aforesaid, shall not kill them, upon penalty of forfaiting the value of the beast so killed.
Whosoever shall take any of his neighbors' boates, oares, or canoas without leave from the owner shalbe helde and es- teemed as a felon and so proceeded againste ; tho hee that shall take away by violence or stelth any canoas or other thinges from the Indians shall make valuable restitution to the said Indians, and shall forfaict, if he be a freeholder, five pound ; if a servant, 40s, or endure a whipping; and anything under the value of 13d shall be accounted Petty larcency.
All ministers shall duely read divine service, and exercise their ministerial function according to the Ecclesiastical lawes and orders of the churche of Englande, and every Sunday in the afternoon shall Catechize suche as are not yet ripe to come to the Com.2 And whosoever of them shalbe found negligent or faulty in this kinde shalbe subject to the censure of the Governor and Counsell of Estate.
The Ministers and Churchwardens shall seeke to presente all ungodly disorders, the comitters wherofe if, upon goode
1 Cattle, as distinguished from horses, sheep, goats, etc.
2 Communion.
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admontions and milde reprooff, they will not forbeare the said skandalous offenses, as suspicions of whordomes, dishonest company keeping with weomen and suche like, they are to be presented and punished accordingly.
If any person after two warnings, doe not amende his or her life in point of evident suspicion of Incontincy or of the comission of any other enormous sinnes, that then he or shee be presented by the Churchwardens and suspended for a time from the churche by the minister. In which Interim if the same person do not amende and humbly submit him or her- self to the churche, he is then fully to be excomunicate and soon after a writt or warrant to be sent from the Governor for the apprehending of his person ande seizing on all his goods. Provided alwayes, that all the ministers doe meet once a quar- ter, namely, at the feast of St. Michael the Arkangell, of the nativity of our saviour, of the Annuntiation of the blessed Vir- gine, and about midsomer,1 at James citty or any other place where the Governor shall reside, to determine whom it is fitt to excomunicate, and that they first presente their opinion to the Governor ere they proceed to the acte of excomunication.
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