The Work of a Colonial Legislature

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Introduction

Governor George Yeardley, his council, and twenty-two representatives — two from each of eleven settlements — met at Jamestown, July 30, 1619, to establish a new government for Virginia. This body, the first representative assembly in the colonies, repealed the harsh laws enforced by Sir Thomas Dale during his 1611–1616 tenure as marshal of Virginia, and replaced them with statutes based on English common law. The new House of Burgesses did not immediately achieve the status of an independent legislature. The governor and English patent company could still veto its acts and formulate policy without its approval; but the pattern for future representative governmental bodies had been drawn. The historic assembly opened with a prayer and then appointed John Pory as speaker. He also acted as secretary to the meeting and set down the following report.

Source:
Collections of the New-York Historical Society, 2nd series, Vol. III, New York, 1857, Pt. 1, pp. 335–358: “Proceedings of the First Assembly of Virginia, 1619.”

The most convenient place we could find to sit in was the choir 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 Pierse, 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 choir, 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 w[ith] awful and due respect toward his 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. At Captain Warde, the speaker took exception, as at one that without any commission or authority had seated himself either upon the company's and then his plantation could not be lawful, or on Captain Martin's land, and so he was but a limb or member of him, and so there could be but two burgesses for all. So Captain Warde was commanded to absent himself till such time as the Assembly had agreed what was fit for him to do. After much debate they resolved on this order following:

At the reading of the names of the burgesses, exception was taken against Captain Warde, as having planted here in Virginia, without any authority or commission from the Treasurer, Council, and Company in England. But considering he had been at so great charge and pains to augment this colony, and had adventured his own person in the action, and since that time had brought home a good quantity of fish to relieve the colony by way of trade … the Assembly was contented to admit of him and his lieutenant as members of their body and burgesses into their society. Provided that the said Captain Warde with all expedition, that is to say, between this and the next General Assembly (all lawful impediments excepted), should procure from the Treasurer, Council, and Company in England a commission lawfully to establish and plant himself and his company, as the chiefs of other plantations have done … having given his consent and undertaken to perform the same, was together with 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 sit among them. …

These committees thus appointed, we broke up the first forenoon's Assembly.

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 on; namely, first the Great Charter of orders, laws, and privileges; second, which of the instructions given by the Council in England to My Lord La Warre, Captain Argall, or Sir George Yeardley might conveniently put on the habit of laws; third, what laws might issue out of the private concept 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 noncommittees; 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.

Saturday, July 31

The next day, therefore, out of the opinions of the said committees, it was agreed these petitions ensuing should be framed to be presented to the Treasurer, Council, and Company in England. Upon the committee's perusal of the first book, the General Assembly do become most humble suitors to their Lords, and to the rest of that honorable Council and renowned Company, that albeit they have been pleased to allot unto the governor, to themselves, together with the Council of Estate here and to the officers of incorporations, certain large portions of land to be laid out with the limits of the same; yet they would vouchsafe, also, that such grounds as heretofore had been granted by patent to the ancient planters by former governors, that had from the Company received commission so to do, might not now, after so much labor and cost, and so many years habitation be taken from them. And to the end that no man might do or suffer any wrong in this kind, that they would favor us so much (if they mean to grant this our petition) as to send us notice, what commission or authority for granting of lands they have given to each particular governor in times past. …

At the same time there remaining no further 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 to 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 3s., and of the second at 18d. the pound.

At the reading of this, the Assembly thought good to send for Mr. Abraham Persey, the cape merchant, to publish this instruction to him, and to demand of him if he knew any impediment why it might not be admitted of? His answer was that he had not as yet received any such order from the Adventurers of the Magazine [Company] in England. And notwithstanding he saw the authority was good, yet was he unwilling to yield till such time as the governor and Assembly had laid their commandment upon him [which was done]. …

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 further be it ordained that the Chicohomini [Chickahominy] 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, and drunkenness, and excess in apparel, the Assembly has enacted as follows:

First, in detestation of idleness, be it enacted that if any man be found to live as an idler, or runagate, 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 10s. a man, one 10s. 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 tie in bolts twelve 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.

As touching the instructions of drawing some of the better disposed of the Indians to converse with our people, and to live and labor among them, the Assembly, who know well their dispositions, think it fit to enjoin at least to counsel those of the colony, neither utterly to reject them nor yet to draw them to come in.

But in case they will of themselves come voluntarily to places well peopled, there to do service in killing of deer, fishing, beating of corn, and other works, that then five or six may be admitted into every such place, and no more — and that with the consent of the governor; provided that good guard in the night be kept upon them, for generally (though some among many prove good) they are a most treacherous people, and quickly gone when they have done a villainy. And it were fit a house were built for them to lodge in apart by themselves, and lone inhabitants by no means 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, 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 true religion and a 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 as 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 for 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. …

For hemp, also, both English and Indian, and for English flax and aniseeds, we do require and enjoin all householders of this colony that have any of those seeds to make trial thereof the next season.

Moreover, be it enacted by this present Assembly that every householder do yearly plant and maintain ten vines, until they have attained to the art and experience of dressing a vineyard, either by their own industry or by the instruction of some vigneron. And that upon what penalty soever the governor and Council of Estate shall think fit to impose upon the neglecters of this act.

Be it also enacted that all necessary tradesmen, or so many as need shall require, such as are come over since the departure of Sir Thomas Dale, or that shall hereafter come, shall work at their trades for any other man, each one being paid according to the quality of his trade and work, to be estimated, if he shall not be contented, by the governor and officers of the place where he works.

Be it further ordained by this General Assembly, and we do by these presents enact, that all contracts made in England between the owners of land and their tenants and servants which they shall send hither may be caused to be duly performed, and that the offenders be punished as the governor and Council of Estate shall think just and convenient.

Be it established also by this present Assembly that no crafty nor advantageous means be suffered to be put in practice for the enticing away the tenants or servants of any particular plantation from the place where they are seated. And that it shall be the duty of the governor and Council of Estate most severely to punish both the seducers and the seduced, and to return these latter into their former places.

Be it further enacted that the orders for the Magazine lately made be exactly kept, and that the Magazine be preserved from wrong and sinister practices, and that according to the orders of court in England, all tobacco and sassafras to be brought by the planters to the cape merchant, till such time as all the goods be taken off their hands at the prices agreed on. …

And the General Assembly by voices concluded … the acceptance and observation … of the instruction … to Sir Geo. Yeardley, next preceding the same.

Provided first that the cape merchant do accept of the tobacco of all and every the planters here in Virginia, either for goods or upon bills of exchange at 3s. the pound the best, and 18d. the second sort; provided, also, that the bills be duly paid in England. Provided, in the third place, that if any other besides the Magazine have at any time any necessary commodity which the Magazine does want, it shall and may be lawful for any of the colony to buy the said necessary commodity of the said party, but upon the terms of the Magazine, viz.: allowing no more gain than twenty-five in the hundred, and that with the leave of the governor. Provided, lastly, that it may be lawful for the governor to give leave to any mariner or any other person that shall have any such necessary commodity, wanting to the Magazine to carry home for England so much tobacco, or other natural commodities of the country as his customers shall pay him for the said necessary commodity or commodities.

And to the end we may not only persuade and incite men but enforce them also thoroughly and loyally to cure their tobacco before they bring it to the Magazine, be it enacted, and by these presents we do enact, that if upon the judgment of four sufficient men of any incorporation where the Magazine shall reside (having first taken their oaths to give true sentence, two whereof to be chosen by the cape merchant and two by the incorporation) any tobacco whatsoever shall not prove vendable at the second price, that it shall there immediately be burned before the owner's face. Hitherto such laws as were drawn out of the instructions. …

Wednesday, August 4

This day (by reason of extreme heat, both past and likely to ensue, and by that means of the alteration of the healths of diverse of the General Assembly) the governor, who himself 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) read over all the laws and orders that had formerly passed the House, to give the same yet one review more and to see whether there were anything to be amended, or that might be excepted against. This being done, the third sort of laws … were read over and thoroughly discussed; which together with the former did now pass the last and final consent of the General Assembly.

A third sort of laws, such as may issue out of every man's private conceit.

It shall be free for every man to trade with the Indians, servants only excepted, upon pain of whipping, unless the master will redeem it off with the payment of an angel [about 10s.], one-fourth part whereof to go to the provost marshal, one-fourth part to the discoverer, and the other moiety to the public uses of the incorporation.

That no man do sell or give any of the greater howes [hounds] to the Indians, or any English dog of quality, as a mastiff, greyhound, bloodhound, land or water spaniel, or any other dog or bitch whatsoever of the English race, upon pain of forfeiting 5 sterling to the public uses of the incorporation where he dwells.

That no man do sell or give any Indians any piece, shot, or powder, or any other arms, offensive or defensive, upon pain of being held a traitor to the colony, and of being hanged so soon as the fact is proved, without all redemption.

That no man may go above twenty miles from his dwelling place, nor upon any voyage whatsoever shall be absent from thence for the space of seven days together, without first having made the governor or commander of the same place acquainted therewith, upon pain of paying 20s. to the public uses of the same incorporation, where the party delinquent dwells.

That no man shall purposely go to any Indian towns, habitations, or places of resort without leave from the governor or commander of that place where he lives, upon pain of paying 40s. to public uses as aforesaid.

That no man living in this colony but shall between this and the 1st of January next ensuing come or send to the Secretary of Estate, to enter his own and all his servants names, and for what term, or upon what conditions they are to serve, upon penalty of paying 40s. to the said Secretary of Estate.

Also, whatsoever masters or people do come over to this plantation, that within one month of their arrival (notice being first given them of this very law) they shall likewise resort to the Secretary of Estate, and shall certify him upon what terms or conditions they be come hither, to the end that he may record their grants and commissions, and for how long time, and upon what conditions their servants (in case they have any) are to serve them, and that upon pain of the penalty next above mentioned.

All ministers in the colony shall once a year, namely, in the month of March, bring to the Secretary of Estate a true account of all christenings, burials, and marriages, upon pain, if they fail, to be censured for their negligence by the governor and Council of Estate. Likewise, where there be no ministers, that the commanders of that place do supply the same duty.

No man without leave from the governor shall kill any neat [domesticated] cattle whatsoever, young or old, especially kine [cows], heifers, or cow calves, and shall be careful to preserve their steers and oxen, and to bring them to the plow, and such profitable uses, and without having obtained leave as aforesaid, shall not kill them upon penalty of forfeiting the value of the beast so killed.

Whosoever shall take any of his neighbors' boats, oars, or canoes without leave from the owner shall be held and esteemed as a felon, and so proceeded against. Also he that shall take away by violence or stealth any canoes or other things from the Indians shall make valuable restitution to the said Indians; and shall forfeit, if he be a freeholder £ 5; if a servant, £ 40, or endure a whipping. And anything under the value of 1 3d. shall be accounted petty larceny.

All ministers shall duly read divine service and exercise their ministerial function according to the ecclesiastical laws and orders of the Church of England, and every Sunday in the afternoon shall catechize such as are not yet ripe to come to the communion. And whosoever of them shall be found negligent or faulty in this kind shall be subject to the censure of the governor and Council of Estate.

The ministers and churchwardens shall seek to present all ungodly disorders; the committees whereof, if upon good admonitions and mild reproof they will not forbear the said scandalous offenses, as suspicions of whoredomes, dishonest company-keeping with women and suchlike, they are to be presented and punished accordingly.

If any person, after two warnings, do not amend his or her life, in point of evident suspicion of incontinency, or of the commission of any other enormous sins, that then he or she be presented by the churchwardens, and suspended for a time from the church by the minister. In which interim, if the same person do not amend and humbly submit him or herself to the church, he is then fully to be excommunicated, and soon after a writ or warrant to be sent from the governor for the apprehending of his person and seizing on all his goods; provided always that all the ministers do meet once a quarter, namely at the feast of St. Michael the Archangel, of the Nativity of our Savior, of the Annunciation of the Blessed Virgin, and about midsummer, at James City, or any other place where the governor shall reside, to determine whom it is fit to excommunicate, and that they first present their opinion to the governor ere they proceed to the act of excommunication.

For reformation of swearing, every freeman and master of a family, after thrice admonition, shall give 5s., or the value upon present demand, to the use of the church where he dwells; and every servant, after the like admonition, except his master discharge the fine, shall be subject to whipping; provided that the payment of the fine notwithstanding the said servant shall acknowledge his fault publicly in the church.

No man whatsoever, coming by water from above, as from Henrico, Charles City, or any place from the westward of James City, and being bound for Kiccowtan, or any other part on this side the same, shall presume to pass by, either by day or by night, without touching first here at James City, to know whether the governor will command him any service. And the like shall they perform that come from Kiccowtanward, or from any place between this and that, to go upward, upon pain of forfeiting £ 10 sterling a time to the governor; provided that if a servant having had instructions from his master to observe this law do notwithstanding transgress the same, that then the said servant shall be punished at the governor's discretion; otherwise that the master himself shall undergo the foresaid penalty.

No man shall have trade into the bay, either in shallop, pinnace, or ship, without the governor's license; and without putting in security that neither himself nor his company shall force or wrong the Indians, upon pain, that doing otherwise, they shall be censured at their return by the governor and Council of Estate.

All persons whatsoever upon the Sabbath days shall frequent divine service and sermons both forenoon and afternoon; and all such as bear arms shall bring their pieces, swords, powder, and shot. And everyone that shall transgress this law shall forfeit 3s. a time to the use of the church, all lawful and necessary impediments excepted. But if a servant in this case shall willfully neglect his master's command, he shall suffer bodily punishment.

No maid or woman servant, either now resident in the colony or hereafter to come, shall contract herself in marriage without either the consent of her parents or of her master or mistress or of the magistrate and minister of the place both together. And whatsoever minister shall marry or contract any such persons without some of the foresaid consents shall be subject to the severe censure of the governor and Council of Estate.

Be it enacted by this present Assembly that whatsoever servant has heretofore, or shall hereafter, contract himself in England, either by way of indenture or otherwise, to serve any master here in Virginia, and shall afterward, against his said former contract, depart from his master without leave, or being once embarked shall abandon the ship he is appointed to come in, and so being left behind, shall put himself into the service of any other man that will bring hither; that then at the same servant's arrival here, he shall first serve out his time with that master that brought him hither, and afterward also shall serve out his time with his former master, according to his covenant.

Here end the laws.

To cite this page: John Pory " The Work of a Colonial Legislature," Annals of American History. <http://america.eb.com/america/print?articleId=385140> [Accessed April 29, 2016].