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Ebook has 785 lines and 37701 words, and 16 pages

Ensign, Bancroft.

Ensign, Bancroft.

Clerk, McDonald.

Comand, McDonald.

Proceedinges, Bancroft.

wee, McDonald.

wee, McDonald.

entered, McDonald.

soe, McDonald.

An order concluded by the General assembly concerning Captaine Warde, July 30^, 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 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^out restrainte or exception. Upon all these considerations, the Assembly was contented to admitt of him and his Lieutenant into their society. Provided, that the said Captaine Warde, w^ all expedition, that is to saye between this and the nexte general assembly , should procure from the Tresurer, Counsell and Company 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 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^ 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.

goode, McDonald.

Treasurer, McDonald.

establishe, McDonald, Bancroft.

Chiefes, McDonald.

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 have any place in the Assembly, forasmuche as he hath a clause in his Patente w^ doth not onely exempte him from that equality and uniformity of lawes and orders w^ the great charter faith 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.

should, Bancroft.

W^, McDonald and Bancroft.

extend, Bancroft.

inforced, McDonald.

such, McDonald.

shall be, McDonald.

ag^, McDonald.

Upon the 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 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 Govern^ 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 foresaid two Burgesses should w^drawe 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 loyal Burgesses, because they had offered themselves to be assistant at the making of lawes w^ both themselves and those whom they represented might chuse whether they would obaye or not.

The following passage 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 Martin's Patent graunted by the Counsell & Company under their Comon Seale, being of an higher condition and of greatter force then any Acte of the General Assembly.

this, McDonald and Bancroft.

Captaine, McDonald.

Captaine, McDonald.

Patente, McDonald and Bancroft.

Governour, McDonald and Bancroft.

Generall, McDonald and Bancroft.

obey, McDonald; obaye, Bancroft.

Capt., McDonald.

Common, McDonald.

comission, McDonald.

greater, McDonald.

Generall.

then, McDonald.

of the, McD.

obeye, McDonald; obaye, Bancroft.

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 Ensigne should affirme to one Thomas Davis, of Paspaheighe, Gent. that they had made a harde voiage, had they not mett w^ 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^ their armes and tooke it by force, measuring out the corne w^ a baskett they had into the Shallop and giving them satisfaction in copper beades and other trucking stuffe.

Hitherto Mr. Davys upon his oath.

Captaine, McDonald and Bancroft.

Paspaheighs, McDonald, Banc'ft.

beads, McDonald.

Furthermore it was signified from Opochancano to the Governour that those people had complained to him to procure them justice. For w^ considerations and because suche outrages as this might breede danger and loss of life to others of the Colony w^ 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 not throughly answere an accusation of an outrage comitted against a certaine Canoa of Indians in the baye, that then it was thought reason he shoulde from henceforth take leave of the Governour as other men, and should putt in security, that his people shall comitte no such outrage any more.

iustice, McDonald.

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