THE FIRST REPRESENTATIVE ASSEMBLY

By John Twine, Its Secretary.

A REPORT of the manner of proceedings in the General assembly convened at James City in Virginia, July 30, 1619, consisting of the Governor, the Council of Estate and two Burgesses elected out of each incorporation and plantation, and being dissolved the 4th of August next ensuing.

First. Sir George Yeardley, Knight Governor and captain general of Virginia, sent his summons all over the country, as well to invite those of the Council of Estate that were absent as also for the election of Burgesses.

The most convenient place we could find to sit in was the quire of the church where Sir George Yeardley, the Governor, being set down in his accustomed place, those of the Council of Estate sat next him on both hands, except only the Secretary then appointed Speaker, who sat right before him, John Twine, clerk of the General assembly, being placed next the Speaker, and Thomas Pierce, the Sergeant, standing at the bar, to be ready for any service the Assembly should command him. But forasmuch as men's affairs do little prosper where God's service is neglected, all the Burgesses took their places in the quire till a prayer was said by Mr. Bucke, the minister, that it would please God to guide and sanctify all our proceedings to his own glory and the good of this plantation. Prayer being ended, to the intent that as we had begun at God Almighty, so we might proceed with awful and due respect towards the Lieutenant, our most gracious and dread Sovereign, all the Burgesses were entreated to retire themselves into the body of the church, which being done, before they were fully admitted, they were called in order and by name, and so every man (none staggering at it) took the oath of supremacy, and then entered the Assembly.

These obstacles removed, the Speaker, who a long time had been extreme sickly and therefore not able to pass through long harangues, delivered in brief to the whole assembly the occasions of their meeting. Which done, he read unto them the commission for establishing the Council of Estate and the general Assembly, wherein their duties were described to the life.

Having thus prepared them, he read over unto them the great charter, or commission of privileges, orders and laws, sent by Sir George Yeardley out of England. Which for the more ease of the committees, having divided into four books, he read the former two the same forenoon, for expedition's sake, a second time over; and so they were referred to the perusal of two committees, which did reciprocally consider of either, and accordingly brought in their opinions. But some men may here object to what end we should presume to refer that to the examination of the committees which the Council and company in England had already resolved to be perfect, and did expect nothing but our assent thereunto? To this we answer that we did it not to the end to correct or control anything therein contained, but only in case we should find ought not perfectly squaring with the state of this colony or any law which did press or bind too hard, that we might by way of humble petition, seek to have it redressed, especially because this great charter is to bind us and our heirs forever.

After dinner the Governor and those that were not of the committees sat a second time, while the said committees were employed in the perusal of those two books. And whereas the Speaker had propounded four several objects for the Assembly to consider: First, the great charter of orders, laws, and privileges; Secondly, which of the instructions given by the Council in England to my lord Delaware, Captain Argall or Sir George Yeardley, might conveniently put on the habit of laws; Thirdly, what laws might issue out of the private conceit of any of the Burgesses, or any other of the colony; and lastly, what petitions were fit to be sent home for England. It pleased the Governor for expedition's sake to have the second object of the four to be examined and prepared by himself and the non-committees. Wherein after having spent some three hours' conference, the two committees brought in their opinions concerning the two former books, (the second of which begins at these words of the charter: And forasmuch as our intent is to establish one equal and uniform kind of government over all Virginia, etc.,) which the whole Assembly, because it was late, deferred to treat of till the next morning.

There remaining no farther scruple in the minds of the Assembly, touching the said great charter of laws, orders and privileges, the Speaker put 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 commanded the Speaker to return (as now he does) their due and humble thanks to the Treasurer, Council and company for so many privileges and favors as well in their own names as in the names of the whole colony whom they represented.

This being dispatched we fell once more debating of such instructions given by the Council in England to several Governors as might be converted into laws, the last whereof was the establishment of the price of tobacco, namely, of the best at 3d and the second at 18d the pound.

Monday, Aug. 2.

The Committees appointed to consider what instructions are fit to be converted into laws, brought in their opinions, and first of some of the general instructions.

Here begin the laws drawn out of the instructions given by his Majesty's Council of Virginia in England:

By this present General Assembly be it enacted, that no injury or oppression be wrought by the English against the Indians whereby the present peace might be disturbed and ancient quarrels might be revived. And farther be it ordained that the Chicohomin are not to be excepted out of this law; until either that such order come out of England, or that they do provoke us by some new injury.

Against idleness, gaming, drunkenness and excess in apparel the Assembly has enacted as follows:

First, in detestation of idleness be it enacted, that if any men be found to live as an idler or renegade, though a freedman, it shall be lawful for that incorporation or plantation to which he belongs to appoint him a master to serve for wages, till he show apparent signs of amendment.

Against gaming at dice and cards be it ordained by this present assembly that the winner or winners shall lose all his or their winnings and both winners and losers shall forfeit ten shillings a man, one ten shillings whereof to go to the discoverer, and the rest to charitable and pious uses in the incorporation where the fault is committed.

Against drunkenness be it also decreed that if any private person be found culpable thereof, for the first time he is to be reproved privately by the minister, the second time publicly, the third time to lie in bolts 12 hours in the house of the Provost Marshal and to pay his fee, and if he still continue in that vice, to undergo such severe punishment as the Governor and Council of Estate shall think fit to be inflicted on him. But if any officer offend in this crime, the first time he shall receive a reproof from the Governor, the second time he shall openly be reproved in the church by the minister, and the third time he shall first be committed and then degraded. Provided it be understood that the Governor has always power to restore him when he shall, in his discretion think fit.

Against excess in apparel that every man be assessed in the church for all public contributions, if he be unmarried according to his own apparel, if he be married according to his own and his wife's, or either of their apparel.

Be it enacted by this present assembly that for laying a surer foundation of the conversion of the Indians to Christian religion, each town, city, borough, and particular plantation do obtain unto themselves by just means a certain number of the natives' children to be educated by them in the true religion and civil course of life of which children the most towardly boys in wit and graces of nature to be brought up by them in the first elements of literature, so to be fitted for the college intended for them that from thence they may be sent to that work of conversion.

As touching the business of planting corn this present Assembly does ordain that year by year all and every householder and householders have in store for every servant he or they shall keep, and also for his or their own persons, whether they have any servants or no, one spare barrel of corn, to be delivered out yearly, either upon sale or exchange as need shall require. For the neglect of which duty he shall be subject to the censure of the Governor and Council of Estate. Provided always that the first year of every new man this law shall not be of force.

About the plantation of mulberry trees, be it enacted that every man as he is seated upon his division, do for seven years together, every year plant and maintain in growth six mulberry trees at the least, and as many more as he shall think convenient and as his virtue and industry shall move him to plant, and that all such persons as shall neglect the yearly planting and maintaining of that small proportion shall be subject to the censure of the Governor and the Council of Estate.

Be it farther enacted as concerning silk-flax, that those men that are upon their division or settled habitation do this next year plant and dress 100 plants, which being found a commodity, may farther be increased. And whosoever do fail in the performance of this shall be subject to this punishment of the Governor and Council of Estate.