An order of the General a.s.sembly 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] a.s.sembly 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^{th}drawe themselves out of the a.s.sembly 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 a.s.sistant at the making of[44] lawes w^{ch} both themselves and those whom they represented might chuse whether they would obaye[45] or not.

[M] The following pa.s.sage is a side note on the margin of the McDonald and De Jarnette copies, but Bancroft includes it in the text:--The authority of Captaine[38] Martin's Patent graunted by the Counsell & Company under their Comon[39] Seale, being of an higher condition[40]

and of greatter[41] force then any Acte of the General[42] a.s.sembly.

[31] this, McDonald and Bancroft.

[32] Captaine, McDonald.

[33] Captaine, McDonald.

[34] Patente, McDonald and Bancroft.

[35] Governour, McDonald and Bancroft.

[36] Generall, McDonald and Bancroft.

[37] obey, McDonald; obaye, Bancroft.

[38] Capt., McDonald.

[39] Common, McDonald.

[40] comission, McDonald.

[41] greater, McDonald.

[42] Generall.

[43] then, McDonald.

[44] of the, McD.

[45] obeye, McDonald; obaye, Bancroft.

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.

[46] Captaine, McDonald and Bancroft.

[47] Paspaheighs, McDonald, Banc'ft.

[48] beads, McDonald.

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 a.s.sembly:

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

It was also ordered by the a.s.sembly 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^{th}standing 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.

[49] iustice, McDonald.

[50] such, McDonald.

[51] losse, McDonald.

[52] could, McDonald, Bancroft.

[53] Patente, McDonald and Bancroft.

[54] should, Bancroft.

[55] Governor, McDonald.

[56] put, McDonald.

[57] suche, McDonald and Bancroft.

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

By the Governo^r[58] and general a.s.sembly 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.

[58] Governour, Bancroft.

[59] request, McDonald.

[60] especiall, McDonald.

[61] concerne, McDonald and Bancroft.

These obstacles removed, the Speaker, who a long time had bene extreame sickly, and therefore not able to pa.s.se through long harangues, delivered in briefe to the whole a.s.sembly the occasions of their meeting. Which[62] done, he read unto them the comission for establishing the Counsell of Estate and the general[63] a.s.sembly, 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 a.s.sente 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 pet.i.tion, seeke to have it redressed, especially because this great Charter is to binde us and our heyers for ever.

[62] W^{ch}, McDonald.

[63] Gen^{ll}, McDonald.

[64] The substance of these will be found in the paper, "A briefe Declaration," &c. See post.--.