Colonial Records of Virginia | Page 7

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.
[24] should, Bancroft.
[25] W^{ch}, McDonald and Bancroft.
[26] extend, Bancroft.
[27] inforced, McDonald.
[28] such, McDonald.

[29] shall be, McDonald.
[30] ag^{st}, McDonald.
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^{th}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[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.
[M] 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[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]
Assembly.
[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 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^{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]