Colonial Records of Virginia Part 5

[138] Committees, McDonald.

[139] Committee, McDonald.

SUNDAY, Aug. 1.

Mr. Sh.e.l.ley, one of the Burgesses, deceased.

MUNDAY,[140] Aug. 2.

Captain John Martin (according to the sumons sent him on Fryday,[141]

July 30,) made his personall appearance at the barre, whenas the Speaker having first read unto him the orders of the a.s.sembly that concerned him, he pleaded lardgely for himself[142] to them both and indevoured[143] to answere some other thinges[144] that were objected against[145] his Patente. In fine, being demanded out of the former order whether he would quitte that clause of his Patent[146] w^{ch} (quite otherwise then Sir William Throckmorton's, Captain Christopher Dawnes'[147] and other men's patentes) exempteth himselffe and his people from all services of the Colonie excepte onely in case of warre against[148] a forren or domesticall enemie. His answere[149] was negative, that he would not infringe any parte[150] of his Patente.

Whereupon it was resolved by the a.s.sembly that his Burgesses should have no admittance.

[140] Monday, McDonald and Bancroft.

[141] Friday, McDonald.

[142] himselfe, McDonald and Bancroft.

[143] & indeavoured, McDonald.

[144] things, McDonald.

[145] ag^{st}, McDonald.

[146] Patente, McDonald and Bancroft.

[147] Lawnes, Bancroft, see p. 10.

[148] ag^{st}, McDonald.

[149] answer, Bancroft.

[150] part, McDonald and Bancroft.

To the second order his answere was affirmative, namely, that (his Patent[151] notwithstanding) whensoever he should send into the baye to trade, he would[152] be contente to putt in security to the Governour[153] for the good behaviour of his people towardes[154] the Indians.

[151] patente, McDonald.

[152] woulde, McDonald.

[153] Gov^r, Bancroft.

[154] towards, Bancroft.

It was at the same time further ordered by the a.s.sembly that the Speaker, in their names, should (as he nowe doth[155]) humbly demaunde[156] of the Treasurer, Counsell[157] and Company an exposition of this one clause in Captaine[158] Martin's Patente, namely, where it is saide That he is to enjoye[159] his landes in as lardge[160] and ample manner, to all intentes and[161] purposes, as any lord of any manours in England dothe holde his grounde out of w^{ch} some have collected that he might by the same graunte protecte men from paying their debts and from diverse other dangers of lawe. The least the a.s.sembly can alledge against this clause is, that it is obscure, and that it is a thing impossible for us here to knowe the Prerogatives of all the manours in Englande. The a.s.sembly therefore humbly beseeche[162]

their lo^{pps}[163] and the rest of that hon^{ble} house[164] that in case they shall finde any thing in this or in any other parte of his graunte wherby that clause towardes the conclusion of the great charter, (viz., that all grauntes aswell of the one sorte as of the other respectively, be made w^{th} equall favour, & graunts[165] of like liberties & imunities[166] as neer as may be, to the ende that all complainte[167] of partiality and indifferency[168] may be avoided,) might[169] in any sorte be contradicted or the uniformity and equality[170] of lawes and[171] orders extending over the whole Colony might be impeached, That they would be pleased to remove any such hindrance as may diverte out of the true course the free and[172]

publique current of Justice.

[155] doe, McDonald.

[156] demande, McDonald.

[157] Council, McDonald.

[158] Capt., Bancroft.

[159] enjoy, McDonald and Bancroft.

[160] large, McDonald, Bancroft.

[161] &, McDonald.

[162] beseecheth, McDonald and Bancroft.

[163] Lop^s, McDonald; Lo^{ps}, Bancroft.

[164] bourde, McDonald and Bancroft.

[165] grants, McDonald.

[166] immunities, McDonald.

[167] complaintes, McDonald, Bancroft.

[168] unindifferency, McDonald, Bancroft.

[169] mighte, McDonald.

[170] equallity, McDonald.

[171] &, McDonald.

[172] &, McDonald and Bancroft.

Upon the same grounde and[173] reason their l^{ops}, together with the rest of the Counsell[174] and Company, are humbly besought[175] by this general[176] a.s.sembly that if in that other clause w^{ch} exempteth Captaine[177] Martin and his people from all services of the Colony &c., they shall finde any resistance against[178] that equality and[179]

uniformity of lawes and orders intended nowe by them to be established over the whole Colony, that they would be pleased to reforme it.

[173] &, McDonald.

[174] Councill, McDonald.

[175] besoughte, McDonald.

[176] the Generall, McDonald.

[177] Captain, Bancroft.

[178] ag^{st}, McDonald.