Colonial Records of Virginia Part 11

[377] suines, Bancroft.

[378] doe, McDonald.

[379] submitt, McDonald, Bancroft.

[380] sente, McDonald, Bancroft.

[381] Governour, Bancroft.

[382] McDonald omits on.

[383] meete, McDonald.

[384] att., McDonald.

[385] Gover^{nr}, McDonald; Governour, Bancroft.

[386] Governour, McDonald, Bancroft.

For reformation of swearing, every freeman and M^r of a family after thrise admonition shall give 5s or the value upon present[387] demaunde, to the use of the church where he dwelleth; and every servant after the like admonition, excepte his M^r dischardge[388] the fine, shalbe subject to whipping. Provided, that the payment of the fine notw^{th}standing, the said servant shall acknowledge his faulte publiquely in the Churche.

[387] presente, McDonald.

[388] discharge, McDonald.

No man whatsoever, coming by water from above, as from Henrico, Charles citty, or any place from the westwarde of James citty, and being bound for Kiccowtan,[389] or any other parte on this side,[390] the same shall presume to pa.s.s by, either by day or by night, w^{th}out touching firste here at James citty to knowe[391] whether the Governo^r[392] will comande him any service. And the like shall they performe that come from Kicawtan[393] ward, or from any place between this and that, to go upwarde, upon paine of forfaiting ten pound sterling a time to the Govern^r[394]. Provided, that if a servant having had instructions from his Master to observe this lawe,[395] doe, notw^{th}standing, transgresse the same, that then the said[396] servant shalbe punished at the Govern^{r's} discretion; otherwise, that the master himselfe shall undergo the foresaid penalty.

[389] Kicowtan, Bancroft.

[390] of, inserted by McDonald.

[391] know, McDonald.

[392] Governour, McDonald, Bancroft.

[393] Kiccowtan, McDonald, Bancroft.

[394] Governor, McDonald, Bancroft.

[395] McDonald reads, observe his service.

[396] s^d, McDonald.

No man shall trade[397] into the baye, either in shallop, pinnace, or s.h.i.+p, w^{th}out the Govern^{r's}[398] license, and w^{th}out putting in security that neither himself nor his Company shall force or wrong the Indians, upon paine that, doing otherwise, they shalbe censured at their returne by the Govern^{or}[399] and Counsell[400] of Estate.

[397] shall have trade, Bancroft.

[398] Governour's, McDonald, Bancroft.

[399] Governour, McDonald; Gov^r, Bancroft.

[400] Councell, McDonald.

All persons whatsoever upon the Sabaoth daye[401] shall frequente divine service and sermons both forenoon and afternoon, and all suche as beare armes shall bring[402] their pieces, swordes, poulder and shotte. And every one that shall transgresse this lawe shall forfaicte[403] three s.h.i.+llinges[404] a time to the use of the churche, all lawful and necessary impediments excepted. But if a servant in this case shall wilfully neglecte his M^{r's} comande he shall suffer bodily punishmente.

[401] days, McDonald, Bancroft.

[402] bringe, McDonald.

[403] forfaict, Bancroft.

[404] s.h.i.+llings, Bancroft.

No maide or woman servant, either now resident in the Colonie or hereafter to come, shall contract herselfe in marriage w^{th}out either the consente of her parents, or of her M^r or M^{ris}, or of the magistrat[405] and minister of the place both together. And whatsoever minister shall marry or contracte any suche persons w^{th}out some of the foresaid consentes shalbe[406] subjecte to the severe censure of the Govern^r[407] and Counsell[408] of Estate.

[405] magistrate, McDonald.

[406] shall be, McDonald, Bancroft.

[407] Gover^{nr}, McDonald; Gov^r, Bancroft.

[408] Council, McDonald.

Be it enacted by this[409] present a.s.sembly that whatsoever servant hath heretofore or shall hereafter contracte himselfe in England, either by way of Indenture or otherwise, to serve any Master here in Virginia and shall afterward, against[410] his said former contracte, depart from his M^r w^{th}out leave, or, being once imbarked, shall abandon the s.h.i.+p he is appointed to come in, and so, being lefte behinde, shall putt[411]

himselfe into the service of any other man that will bring him hither, that then at the same servant's arrival here, he shall first serve out his time with that M^r that brought him hither and afterward also shall serve out his time[412] w^{th} his former M^r according to his covenant.

[409] the, McDonald.

[410] ag^{st}, McDonald.

[411] put, McDonald, Bancroft.

[412] McDonald omits the words, with that M^r that brought him hither and afterwards also shall serve out his time.

Here ende the lawes.

All these lawes being thus concluded and consented to as aforesaide[413]

Captaine Henry Spellman[414] was called to the barre to answere to certaine misdemeano^{rs} layde to his chardge by Robert Poole, interpretour, upon his oath (whose examination the Governo^r sente into England in the Prosperus), of w^{ch} accusations of Poole some he acknowledged for true, but the greattest[415] part he denyed. Whereupon the General[416] a.s.sembly, having throughly heard and considered his speaches, did const.i.tute this order following against him:

AUG. 4^{th}, 1619.

This day Captaine Henry Spelman[417] was convented before the General a.s.sembly and was examined by a relation upon oath of one Robert Poole, Interpreter, what conference had pa.s.sed between the said Spelman[418]

and Opochancano at Poole's meeting with him in Opochancano's courte.

Poole chardgeth him he spake very unreverently and maliciously against[419] this present Govern^r,[420] wherby the honour and dignity of his place and person, and so of the whole Colonie, might be brought into contempte, by w^{ch} meanes what mischiefs might ensue from the Indians by disturbance of the peace or otherwise, may easily be conjectured. Some thinges of this relation Spelman confessed, but the most parte he denyed, excepte onely one matter of importance, & that was that he hade informed Opochancano that w^{th}in a yeare there would come a Governo^r[421] greatter then[422] this that nowe is in place. By w^{ch} and by other reportes it seemeth he hath alienated the minde of Opochancano from this present Governour, and brought him in much disesteem, both w^{th} Opochancano[423] and the Indians, and the whole Colony in danger of their slippery designes.

[413] Aforesaid, Bancroft.

[414] Spelman, McDonald.