The Online Library of Liberty

A project of Liberty Fund, Inc.

• Preface
• Introductory Essay
• New Hampshire: 1: [agreement of the Settlers At Exeter In New Hampshire]
• 2: General Laws and Liberties of New Hampshire
• Massachusetts: 3: [agreement Between the Settlers At New Plymouth] (the Mayflower Compact)
• 4: [plymouth Oath of Allegiance and Fidelity]
• 5: [the Salem Covenant of 1629]
• 6: [agreement of the Massachusetts Bay Company At Cambridge, England]
• 7: [the Watertown Covenant of July 30, 1630]
• 8: [massachusetts Election Agreement]
• 9: The Oath of a Freeman, Or of a Man to Be Made Free
• 10: [the Massachusetts Agreement On the Legislature]
• 11: [cambridge Agreement]
• 12: [dorchester Agreement]
• 13: [cambridge Agreement On a Town Council]
• 14: [massachusetts Agreement On the Legislature]
• 15: The Oath of a Freeman
• 16: [salem Oath For Residents]
• 17: [watertown Agreement On Civil Officers]
• 18: [the Enlarged Salem Covenant of 1636]
• 19: [plymouth Agreement]
• 20: [pilgrim Code of Law]
• 21: [dedham Covenant]
• 22: [the Massachusetts Body of Liberties]
• 23: [the Combination of the Inhabitants Upon the Piscataqua River For Government]
• 24: [massachusetts Bicameral Ordinance]
• 25: [massachusetts Ordinance On the Legislature]
• 26: The Laws and Liberties of Massachusetts
• 27: [massachusetts Ordinance On Legislative Procedure]
• 28: [towns of Wells, Gorgiana, and Piscataqua Form an Independent Government]
• 29: [the Cambridge Agreement of October 4, 1652]
• 30: [puritan] Laws and Liberties
• 31: [an Act of the General Court]
• Rhode Island: 32: [providence Agreement]
• 33: [government of Pocasset]
• 34: [newport Agreement]
• 35: [the Government of Portsmouth]
• 36: Plantation Agreement At Providence
• 37: [organization of the Government of Rhode Island]
• 38: [warwick Agreement]
• 39: Acts and Orders of 1647
• 40: Charter of Providence
• 41: [general Assembly of Rhode Island Is Divided Into Two Houses]
• Connecticut: 42: Plantation Covenant At Quinnipiack
• 43: Fundamental Orders of Connecticut
• 44: Guilford Covenant
• 45: Structure of Town Governments
• 46: Fundamental Articles of New Haven
• 47: [connecticut Oath of Fidelity]
• 48: Capitall Lawes of Connecticut, Established By the Generall Court the First of December, 1642
• 49: The Government of Guilford
• 50: New Haven Fundamentals
• 51: [majority Vote of Deputies and Magistrates Required For the Passage of Laws In Connecticut]
• 52: Connecticut Code of Laws
• 53: Preface to the General Laws and Liberties of Connecticut Colony Revised and Published By Order of the General Court Held At Hartford In October 1672
• 54: [division of the Connecticut General Assembly Into Two Houses]
• New York: 55: [a Letter From Governor Richard Nicolls to the Inhabitants of Long Island]
• 56: Charter of Liberties and Privileges
• New Jersey: 57: Fundamentals of West New Jersey
• Pennsylvania: 58: Concessions to the Province of Pennsylvania
• 59: Charter of Liberties and Frame of Government of the Province of Pennsylvania In America
• 60: An Act For Freedom of Conscience
• 61: [pennsylvania Charter of Liberties]
• Maryland: 62: Orders Devised and Published By the House of Assembly to Be Observed During the Assembly
• 63: Act For Establishing the House of Assembly and the Laws to Be Made Therein
• 64: An Act For Church Liberties
• 65: An Act For Swearing Allegeance
• 66: An Act What Persons Shall Be Called to Every General Assembly and an Act Concerning the Calling of General Assemblies
• 67: An Act For the Liberties of the People
• 68: [maryland Toleration Act]
• Virginia: 69: Articles, Laws, and Orders, Divine, Politic, and Martial For the Colony In Virginia
• 70: [laws Enacted By the First General Assembly of Virginia]
• 71: Constitution For the Council and Assembly In Virginia
• 72: [laws and Orders Concluded By the Virginia General Assembly]
• 73: Act Relating to the Biennial and Other Assemblies and Regulating Elections and Members In North Carolina
• South Carolina: 74: Act to Ascertain the Manner and Form of Electing Members to Represent the Province
• Georgia: 75: Act to Ascertain the Manner and Form of Electing Members to Represent the Inhabitants of This Province In the Commons House of Assembly
• Confederations: 76: [the New England Confederation]
• 77: [the Albany Plan of Union]
• 78: The Articles of Confederation
• 79: [william Penn’s Plan of Union]
• 80: [joseph Galloway’s Plan of Union]

69

Articles, Laws, and Orders, Divine, Politic, and Martial for the Colony in Virginia

Text taken from D. H. Flaherty, ed., Laws Divine, Moral, and Martial Compiled by William Strachey (Charlottesville: The University Press of Virginia, 1969), 9–25. Flaherty retains the original spelling and punctuation, except to transpose i and j, and u and v, respectively, to correspond to modern usage. The usual practice is to reproduce only pages 9–25 of the Strachey version, as is done here, but the complete document is 101 pages long. The balance of the document contains a detailed discussion of the colony’s martial laws and specific instructions from the marshal to every rank concerning duties and bearing. The Flaherty volume contains a discussion of the historical context surrounding this document, as well as the complete text.

1610–1611

Under its initial charter, Virginia was run by a cumbersome double council. A thirteen-member royal council in London appointed a thirteen-member council in Virginia to carry out its will. The system did not work, and the Virginia governor had to become a virtual dictator to maintain order. The following document was issued under martial law but still reflects the values that were generally accepted by the colonists. It is equivalent to a code of law and may be fruitfully compared with other codes of law in this collection, such as documents 2, 20, 22, 26, 30, 39, and 52. Religion plays an important role in this Virginia document, as it did in codes elsewhere, and the moral content looks similar to that of New England codes. Virginia, however, was not a Puritan colony but Church of England country—Anglicanism was for a long while the colony’s established church. The similarities with the Puritans may have been due to the predominance of “low church” members who, while remaining securely in the fold, shared many of the Puritan inclinations against pomp, statues, and other vestiges of what was termed covert popery. The extent of this low church influence was revealed when in the 1690s the king proposed sending an Anglican bishop to Virginia, and every pastor in the colony signed a letter asking that the bishop not be sent. Despite its determined attempt to re-create English country life in America, Virginia society did not include members of the English aristocracy, and its religious inclinations were similarly nonhierarchical compared with the English at home. Still, this was not New England Puritanism, which is reflected in the large number of capital crimes typical of English common law at the time rather than the restricted list of capital crimes listed in, for example, the Massachusetts Body of Liberties [22]. Many laws are aimed at preserving the extremely limited goods in the colony, which reflects the desperate situation faced in the early years of colonization.

Articles, Lawes, and Orders, Divine, Politique, and Martiall for the Colony in Virginea: first established by Sir Thomas Gates Knight, Lieutenant Generall, the 24th of May 1610. exemplified and approved by the Right Honourable Sir Thomas West Knight, Lord Lawair, Lord Governor and Captaine Generall the 12th day of June 1610. Againe exemplified and enlarged by Sir Thomas Dale Knight, Marshall, and Deputie Governour, the 22nd of June, 1611.

Whereas his Majestie like himselfe a most zealous Prince hath in his owne Realmes a principall care of true Religion, and reverence to God, and hath alwaies strictly commaunded his Generals and Governours, with all his forces wheresoever, to let their waies be like his ends for the glorie of God.

And forasmuch as no good service can be performed, or warre well managed, where militarie discipline is not observed, and militarie discipline cannot be kept, where the rules or chiefe parts thereof, be not certainely set downe, and generally knowne, I have (with the advise and counsell of Sir Thomas Gates Knight, Lieutenant Generall) adhered unto the lawes divine, and orders politique, and martiall of his Lordship (the same exemplified) an addition of such others, as I have found either the necessitie of the present State of the Colonie to require, or the infancie, and weaknesses of the body thereof, as yet able to digest, and doe now publish them to all persons in the Colonie, that they may as well take knowledge of the Lawes themselves, as of the penaltie and punishment, which without partialitie shall be inflicted upon the breakers of the same.

1 First since we owe our highest and supreme duty, our greatest, and all our allegeance to him, from whom all power and authoritie is derived, and flowes as from the first, and onely fountaine, and being especiall souldiers emprest in this sacred cause, we must alone expect our successe from him, who is only the blesser of all good attempts, the King of kings, the commaunder of commaunders, and Lord of Hostes, I do strictly commaund and charge all Captaines and Officers, of what qualitie or nature soever, whether commanders in the field, or in towne, or townes, forts or fortresses, to have a care that the Almightie God bee duly and daily served, and that they call upon their people to heare Sermons, as that also they diligently frequent Morning and Evening praier themselves by their owne exemplar and daily life, and duties herein, encouraging others thereunto, and that such, who shall often and wilfully absent themselves, be duly punished according to the martiall law in that case provided.

2 That no man speake impiously or maliciously, against the holy and blessed Trinitie, or any of the three persons, that is to say, against God the Father, God the Son, and God the holy Ghost, or against the knowne Articles of the Christian faith, upon paine of death.

3 That no man blaspheme Gods holy name upon paine of death, or use unlawful oathes, taking the name of God in vaine, curse, or banne,1 upon paine of severe punishment for the first offence so committed, and for the second, to have a bodkin2 thrust through his tongue, and if he continues the blaspheming of Gods holy name, for the third time so offending, he shall be brought to a martiall court, and there receive censure of death for his offence.

4 No man shall use any traiterous words against his Majesties Person, or royall authority upon paine of death.

5 No man shall speake any word, or do any act, which may tend to the derision, or despight3 of Gods holy word upon paine of death: Nor shall any man unworthily demeane himself unto any Preacher, or Minister of the same, but generally hold them in all reverent regard, and dutiful intreatie,4 otherwise he the offender shall openly be whipt three times, and ask publike forgivenesse in the assembly of the congregation three several Saboth Daies.

6 Everie man and woman duly twice a day upon the first towling of the Bell shall upon the working daies repaire unto the Church, to hear divine Service upon pain of losing his or her dayes allowance for the first omission, for the second to be whipt, and for the third to be condemned to the Gallies for six Moneths. Likewise no man or woman shall dare to violate or breake the Sabboth by any gaming, publique or private abroad, or at home, but duly sanctifie and observe the same, both himselfe and his familie, by preparing themselves at home with private prayer, that they may be the better fitted for the publique, according to the commandements of God, and the orders of our Church, as also every man and woman shall repaire in the morning to the divine service, and Sermons preached upon the Saboth day, and in the afternoon to divine service, and Catechising, upon paine for the first fault to lose their provision, and allowance for the whole weeke following, for the second to lose the said allowance, and also to be whipt, and for the third to suffer death.

7 All Preachers or Ministers within this our Colonie, or Colonies, shall in the Forts, where they are resident, after divine Service, duly preach every Sabbath day in the forenoone, and Catechise in the afternoone, and weekly say the divine service, twice every day, and preach every Wednesday, likewise every Minister where he is resident, within the same Fort, or Fortresse, Townes or Towne, shall chuse unto him, foure of the most religious and better disposed as well to informe of the abuses and neglects of the people in their duties, and service to God, as also to the due reparation, and keeping of the Church handsome, and fitted with all reverent observances thereunto belonging: likewise every Minister shall keepe a faithful and true Record, or Church Booke of all Christnings, Marriages, and deaths of such our people, as shall happen within their Fort, or Fortresses, Townes or Towne at any time, upon the burthen of a neglectfull conscience, and upon paine of losing their Entertainment.5

8 He that upon pretended malice, shall murther or take away the life of any man, shall bee punished with death.

9 No man shal commit the horrible, and detestable sins of Sodomie upon pain of death; and he or she that can be lawfully convict of Adultery shall be punished with death. No man shall ravish or force any woman, maid or Indian, or other, upon pain of death, and know that he or shee, that shall commit fornication, and evident proofe made thereof, for their first fault shall be whipt, for the second they shall be whipt, and for their third they shall be whipt three times a weeke for one month, and aske publique forgivenesse in the Assembly of the Congregation.

10 No man shall bee found guilty of Sacriledge, which is a Trespasse as well committed in violating the abusing any sacred ministry, duty or office of the Church, irreverently, or prophanely, as by beeing a Church robber, to filch, steale or carry away anything out of the Church appertaining thereunto, or unto any holy, and consecrated place, to the divine Service of God, which no man should doe upon paine of death: likewise he that shall rob the store of any commodities therein, of what quality soever, whether provisions of victuals, or of arms, Trucking stuffe,6 Apparrell, Linnen, or Wollen, Hose or Shooes, Hats or Caps, Instruments or Tooles of Steele, Iron, etc. or shall rob from his fellow souldier, or neighbor, any thing that is his, victuals, apparell, household stuffe, toole, or what necessary else soever, by water or land, out of boate, house, or knapsack, shall bee punished with death.

11 Hee that shall take an oath untruly, or beare false witnesse in any cause, or against any man whatsoever, shall be punished with death.

12 No manner of person whatsoever, shall dare to detract, slaunder, columniate, or utter unseemly, and unfitting speeches, either against his Majesties Honourable Councell for this Colony, resident in England, or against the Committees, Assistants unto the said Councell, or against the zealous indeavors, and intentions of the whole body of Adventurers for this pious and Christian Plantation, or against any publique book, or bookes, which by their mature advise, and grave wisdomes, shall be thought fit, to be set foorth and publisht, for the advancement of the good of this Colony, and the felicity thereof, upon paine for the first time so offending, to be whipt three severall times, and upon his knees to acknowledge his offence and to aske forgivenesse upon the Saboth day in the assembly of the congregation, and for the second time so offending to be condemned to the Galley for three yeares, and for the third time so offending to be punished with death.

13 No manner of person whatsoever, contrarie to the word of God (which tyes every particular and private man, for conscience sake to obedience, and duty of the Magistrate, and such as shall be placed in authoritie over them, shall detract, slaunder, calumniate, murmur, mutenie, resist, disobey, or neglect the commaundments, either of the Lord Governour, and Captaine Generalle, the Lieutenant Generall, the Martiall, the Councell, or any authorised Captaine, Commaunder or publike Officer, upon paine for the first time so offending to be whipt three severall times, and upon his knees to acknowledge his offence, with asking forgivenesse upon the Saboth day in the assembly of the congregation, and for the second time so offending to be condemned to the Gally for three yeares: and for the third time so offending to be punished with death.

14 No man shall give any disgraceful words, or commit any act to the disgrace of any person in this Colonie, or any part thereof, upon paine of being tied head and feete together, upon the guard everie night for the space of one moneth, besides to bee publikely disgraced himselfe, and be made incapable ever after to possesse any place, or execute any office in this imployment.

15 No man of what condition soever shall barter, trucke, or trade with the Indians, except he be thereunto appointed by lawful authority upon paine of death.

16 No man shall rifle or dispoile, by force or violence, take away any thing from any Indian coming to trade, or otherwise, upon paine of death.

17 No Cape Marchant,7 or Provant Master,8 or Munition Master, or Truck Master, or keeper of any store, shall at any time imbezell, sell, or give away any thing under his Charge to any Favorite, of his, more than unto any other, whome necessity shall require in that case to have extraordinary allowance of provisions, nor shall they give a false accompt unto the Lord Governour, and Captaine Generall, unto the Lieutenant Generall, unto the Marshall, or any deputed Governor, at any time having the commaund of the Colony, with intent to defraud the said Colony, upon paine of death.

18 No man shall imbezel or take away the goods of any man that dyeth, or is imployed from the town or Fort where he dwelleth in any other occasioned remote service, for the time, upon pain of whipping three severall times, and restitution of the said goods againe, and in danger of incurring the penalty of the tenth Article, if so it may come under the construction of theft. And if any man die and make a will, his goods shall be accordingly disposed; if hee die intestate, his goods shall bee put into the store, and being valued by two sufficient praisors, his next of kinne (according to the common Lawes of England), shall from the Company, Committees, or adventurers, receive due satisfaction in moneys, according as they were praised, by which means the Colonie shall be better furnished; and the goods more carefully preserved, for the right heire, and the right heire receive content for the same in England.

19 There shall be no Capttain, Master, Marriner, saylor, or any else of what quality or condition soever, belonging to any Ship or Ships, at this time remaining, or which shall hereafter arrive within this our River, bargaine, buy, truck, or trade with any one member in this Colony, man, woman, or child, for any toole or instrument of iron, steel, or what else, whether appertaining to Smith Carpenter, Joyner, Shipwright, or any manuall occupation, or handicraft man whatsoever, resident within our Colonie, nor shall they buy or bargaine, for any apparell, linnen, or wollen, householdstuffe, bedde, bedding, sheete towels, napkins, brasse, pewter, or such like, eyther for ready money, or provisions, nor shall they exchange their provisions, of what quality soever, whether Butter, Cheese, Bisket, meal, Oatmele, Aquavite,9 oyle, Bacon, any kind of Spice, or such like, for any such aforesaid instruments, or tooles, apparell, or householdstuffe, at any time, or so long as they shall here remain, from the date of these presents upon paine of losse of their wages in England, confiscation and forfeiture of such their monies and provisions, and upon peril beside of such corporall punishment as shall be inflicted upon them by verdict and censure of a martiall Court: Nor shall any officer, souldier, or Trades man, or any else of what sort soever, members of this Colony, dare to sell any such Toole, or instruments, necessary and usefull, for the businesse of the Colonie, or trucke, sell, exchange, or give away his apparell, or household stuffe of what sort soever, unto any such Seaman, either for mony, or any such foresaid provisions, upon paine of 3 times severall whipping, for the one offender, and the other upon perill of incurring censure, whether of disgrace, or addition of such punishment, as shall bee thought fit by a Court martiall.

20 Whereas sometimes heeretofore the covetous and wide affections of some greedy and ill disposed Seamen, Saylers, and Marriners, laying hold upon the advantage of the present necessity, under which the Colony sometimes suffered, have sold unto our people, provisions of Meale, Oatmeale, Bisket, Butter, Cheese etc., at unreasonable rates, and prises unconscionable: for avoiding the like to bee now put in practise, there shall no Captain, Master, Marriner, or Saylor, or what Officer else belonging to any ship, or shippes, now within our river, or heereafter which shall arrive, shall dare to bargaine, exchange, barter, truck, trade, or sell, upon paine of death, unto any one Landman10 member of this present Colony, any provisions of what kind soever, above the determined valuations, and prises, set downe and proclaimed, and sent therefore unto each of your severall ships, to bee fixed uppon your Maine mast, to the intent that want of due notice, and ignorance in this case, be no excuse, or plea, for any offender herein.

21 Sithence11 we are not to bee a little carefull, and our young Cattell, and Breeders may be cherished, that by the preservation, and incrase of them, the Colony heere may receive in due time assured and great benefite, and the adventurers at home may be eased of so great a burthen, by sending unto us yeerely supplies of this kinde, which now heere for a while, carefully attended, may turne their supplies unto us into provisions of other qualities, when of these wee shall be able to subsist our selves, and which wee may in short time, be powerful enough to doe, if we wil according to our owne knowledge of what is good for our selves, forbeare to work into our own wants, againe, by over hasty destroying, and devouring the stockes, and authors of so profitable succeeding a Commodity, as increase of Cattell, Kine, Hogges, Goates, Poultrie etc. must of necessity bee granted, in every common mans judgement, to render unto us: Now know thee therefore, these promises carefully considered, that it is our will and pleasure, that every one, of what quality or condition soever hee bee, in this present Colony, to take due notice of this our Edict, whereby wee do strictly charge and command, that no man shall dare to kill, or destroy any Bull, Cow, Calfe, Mare, Horse, Colt, Goate, Swine, Cocke, Henne, Chicken, Dogge, Turkie, or any tame Cattel, or Poultry, of what condition soever; whether his owne, or appertaining to another man, without leave from the Generall, upon paine of death in the Principall, and in the accessary, burning in the Hand, and losse of his eares, and unto the concealer of the same four and twenty houres of whipping, with addition of further punishment, as shall be thought fitte by the censure, and verdict of a Martiall Court.

22 There shall no man or woman, Launderer or Launderesse, dare to wash any uncleane Linnen, drive bucks,12 or throw out the water or sudes of fowle cloathes, in the open streete, within the Pallizadoes,13 or within forty foote of the same, nor rench,14 and make cleane, any kettle, pot, or pan, or such like vessell within twenty foote of the olde well, or new pump; nor shall any one aforesaid, within less than a quarter of one mile from the pallizadoes, dare to doe the necessities of nature, since by these unmanly, slothfull, and loathsome immodesties, the whole Fort may bee choaked, and poisoned with ill aires, and so corrupt (as in all reason cannot but much infect the same) and this shall they take notice of, and avoide, upon paine of whipping and further punishment, as shall be thought meete, by the censure of a martiall Court.

23 No man shall imbezell, lose, or willingly breake, or fraudulently make away, either Spade, Shovell, Hatchet, Axe, Mattocke,15 or other toole or instrument upon paine of whipping.

24 Any man that hath any edge toole, either of his owne, or which hath heeretofore beene belonging to the store, see that he bring it instantly to the storehouse, where he shall receive it againe by a particular note, both of the toole, and of his name taken, that such a toole unto him appertaineth, at whose hands, upon any necessary occasion, the said toole may be required, and this shall he do, upon paine of severe punishment.

25 Every man shall have an especiall and due care, to keepe his house sweete and cleane, as also so much of the streete, as lieth before his door, and especially he shall so provide, and set his bedstead whereon he lieth, that it may stand three foote at least from the ground, as will answere the contrarie at a martiall Court.

26 Every tradesman in their severall occupation, trade and function, shall duly and daily attend his worke upon his said trade or occupation, upon perill for his first fault, and negligence therein, to have his entertainment checkt for one moneth, for his second fault three moneth, for his third one yeare, and if he continue still unfaithfull and negligent therein, to be condemned to the Gally for three yeare.

27 All overseers of workemen, shall be carefull in seeing that performed, which is given them in charge, upon paine of such punishment as shall be inflicted upon him by a martiall Court.

28 No souldier or tradesman, but shall be readie, both in the morning, and in the afternoone, upon the beating of the Drum, to goe out unto his worke, nor shall hee return home, or from his worke, before the Drum beate againe, and the officer appointed for that business, bring him of, upon perill for the first fault to lie upon the Guard head and heeles together all night, for the second time so faulting to be whipt, and for the third time so offending to be condemned to the Gallies for a yeare.

29 No man or woman, (upon paine of death) shall runne away from the Colonie, to Powhathan, or any savage Weroance16 else whatsoever.

30 He that shall conspire any thing against the person of the Lord Governour, and Captaine Generall, against the Lieutenant Generall, or against the Marshall, or against any publike service commaunded by them, for the dignitie, and advancement of the good of the Colony, shall be punished with death: and he that shall have knowledge of any such pretended act of disloyalty or treason, and shall not reveale the same unto his Captaine, or unto the Governour of that fort or Towne wherein he is, within the space of one houre, shall for the concealing of the same after that time, be not onely held an accessary, but alike culpable as the principall traitor or conspirer, and for the same likewise he shall suffer death.

31 What man or woman soever, shall rob any garden, publike or private, being set to weed the same, or wilfully pluck up therein any roote, herbe, or flower, to spoile and wast or steale the same, or robbe any vineyard, or gather up the grapes, or steale any eares of the corne growing, whether in the ground belonging to the same fort or towne where he dwelleth, or in any other, shallbe punished with death.

32 Whosoever Seaman, or Landman or what qualitie, or in what place of commaund soever, shall be imployed upon any discovery, trade, or fishing voiage into any of the rivers within the precincts of our Colonie, shall for the safety of those men who are committed to his commaund, stand upon good and carefull guard, for the prevention of any treachery in the Indian, and if they touch upon any shore, they shal be no less circumspect, and warie, with good and carefull guard day and night, putting forth good Centinell, and observing the orders and discipline of watch and ward, and when they have finished the discovery, trade, or fishing, they shall make hast with all speed, with such Barke or Barkes, Pinisse, Gallie, Ship. etc. as they shall have the commaund of, for the same purpose, to James towne againe, not presuming to goe beyond their commission, or to carry any such Barke or Barkes, Gally, Pinnice, Ship. etc. for England or any other countrey in the actual possession of any Christian Prince, upon perill to be held an enemie to this plantation, and traitor thereunto, and accordingly to lie liable unto such censure of punishment (if they arrive in England) as shall be thought fit by the Right Honourable Lords, his Majesties Councell for this Colonie, and if it shall so happen, that he or they shall be prevented, and brought backe hither againe into the Colonie, their trecherous flight to be punished with death.

33 There is not one man nor woman in this Colonie now present, or hereafter to arrive, but shall give up an account of his and their faith, and religion, and repaire unto the Minister, that by his conference with them, hee may understand, and gather, whether heretofore they have beene sufficiently instructed, and catechised in the principles and grounds of Religion, whose weaknesse and ignorance herein, the Minister finding, and advising them in all love and charitie, to repaire often unto him, to receive therein a greater measure of knowledge, if they shal refuse so to repaire unto him, and he the Minister give notice thereof unto the Governour, or that chiefe officer of that towne or fort, wherein he or she, the parties so offending shall remaine, the Governour shall cause the offender for his first time of refusall to be whipt, for the second time to be whipt twice, and to acknowledge his fault upon the Saboth day, in the assembly of the congregation, and for the third time to be whipt every day until he heath made the same acknowledgement, and asked forgivenesse for the same, and shall repaire unto the Minister, to be further instructed as aforesaid: and upon the Saboth when the Minister shall catechise, and of him demaund any question concerning his faith and knowledge, he shall not refuse to make answere upon the same perill.

34 What man or woman soever, Laundrer or Laundresse appointed to wash the foule linnen of any one labourer or souldier, or any one else as it is their duties so to doe, performing little, or no other service for their allowance out of the store, and daily provisions, and supply of other necessaries unto the Colonie, and shall from the said labourer or souldier, or any one else of what qualitie whatsoever, either take any thing for washing, or withhold or steale from him any such linnen committed to her to wash, or change the same willingly and wittingly, with purpose to give him worse, old and torne linnen for his good, and proofe shall be made thereof, she shall be whipped for the same, and lie in prison till she make restitution of such linnen, withheld or changed.

35 No Captaine, Master, or Mariner, of what condition soever, shall depart or carry out of the river, any Ship, Barke, Barge, Gally, Pinnace etc. Roaders17 belonging to the Colonie, either now therein, or hither arriving, without leave and commission from the Generall or chiefe Commaunder of the Colonie upon paine of death.

36 No man or woman whatsoever, members of this Colonie, shall sell or give unto any Captine, Marriner, Master, or Sailer, etc. any commoditie of this countrey, of what quality soever, to be transported out of the Colonie, for his or their owne private uses, upon paine of death.

37 If any souldier indebted, shall refuse to pay his debts unto his creditor, his creditor shall informe his Captaine, if the Captaine cannot agree the same, the creditor shall informe the Marshals civill and principall officer, who shall preferre for the creditor a bill of complaint at the Marshals Court, where the creditor shal have Justice.

All such Bakers as are appointed to bake bread, or what else, either for the store to be given out in generall, or for any one in particular, shall not steale nor imbezell, loose, or defraud any man of his due and proper weight and measure, nor use any dishonest and deceiptfull tricke to make the bread weight heavier, or make it courser upon purpose to keepe backe any part or measure of the flower or meale committed unto him, nor aske, take, or detaine any one loafe more or lesse for his hire or paines for so baking, since whilest he who delivered unto him such meale or flower, being to attend the businesse of the Colonie, such baker or bakers are imposed upon no other service or duties, but onely so to bake for such as do worke, and this shall hee take notice of, upon paine for the first time offending herein of losing his eares, and for the second time to be condemned a yeare to the Gallies, and for the third time offending, to be condemned to the Gallies for three yeares.

All such cookes as are appointed to seeth,18 bake or dresse any manner of way, flesh, fish, or what else, of what kind soever, either for the generall company, or for any private man, shall not make lesse, or cut away any part or parcel of such flesh, fish, etc. Nor detaine or demaund any party or parcell, as allowance or hire for his so dressing the same, since as aforesaid of the baker, hee or they such Cooke or Cookes, exempted from other publike works abroad, are to attend such seething and dressing of such publike flesh, fish, or other provisions of what kind soever, as their service and duties expected from them by the Colony, and this shall they take notice of, upon paine for the first time offending herein, of losing his eares, and for the second time to be condemned a yeare to the Gallies: and for the third time offending to be condemned to the Gallies for three years.

All fishermen, dressers of Sturgeon or such like appointed to fish, or to cure the said Sturgeon for the use of the Colonie, shall give a just and true account of all such fish as they shall take by day or night, of what kinds soever, the same to bring unto the Governour: As also of all such kegges of Sturgeon or Caviare as they shall prepare and cure upon perill for the first time offending heerein, of loosing his eares, and for the second time to be condemned a yeare to the Gallies, and for the third time offending, to be condemned to the Gallies for three yeares. Every Minister or Preacher shall every Sabboth day before Catechising, read all these lawes and ordinances, publikely in the assembly of the congregation upon paine of his entertainment checkt for that weeke.

70

[Laws Enacted by the First General Assembly of Virginia]

Complete text is taken from H. R. McIlwaine and John P. Kennedy, eds., Journals of the House of Burgesses of Virginia, vol. 1 (Richmond, 1905), 9–14.

August 2–4, 1619

In 1618 the council in London instructed the Virginia governor to initiate the first representative assembly in the colonies. It was felt that the colonists needed to have some voice in local affairs if order and economic prosperity were to be reestablished in the faltering colony. The legislature lasted until 1624, when a reorganization imposed by the king restored all power to the governor. The following document was passed by the legislature during its initial six-year official existence. Even though adopted by what turned out to be only a transitional institution, this document is still important because it was the first compact of any sort adopted in the colonies and therefore was the first foundation document to use some form of consent. After 1624 the governor continued to call the House of Burgesses for unofficial consultations; however, he was forced to rely primarily on the upper house, the Council of State appointed by the king, and he could not act without its approval. In 1638 the governor was again officially ordered to call a session of the House of Burgesses, and with this session it moved out of the shadows. The House of Burgesses, then the lower house of a bicameral legislature, gradually gained the upper hand over the Governor and Council—it did so primarily by gaining the power to levy taxes. Within a few years its consent was necessary for the enactment of all laws. Thus, while the legislature that passed the document below was officially terminated in 1624, it never really went out of existence; and the first elected colonial legislature eventually became the centerpiece of Virginia politics.

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 distributed and ancient quarrels might be revived. And farther be it ordained that the Chicohomini 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 idlers, be it enacted that if any man be found to live as an idler or renegade, though a freed man, it shall be lawful for that incorporation or plantation to which he belongs to appoint him a master to serve for wages till he shows 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 faults are committed.

Against drunkeness be it also decreed that if any private prsons 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 fees, and if he still continue in that vice to undergo such severe punishment as the Governor and Council of Estate shall thinke 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 of 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 instruction 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 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 may 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 native’s children to be educated by them in 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 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 in force.

About the plantation of mulberry trees, be it enacted that every man, as he is seated upon his division does, 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 Councel of Estate.

Be it further 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 the punishment of the Governor and Council of Estate.

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 does 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 or advantageous means be suffered to be put in practice for the enticing away the tenants and 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 be brought by the planters to the cape merchant till such time as all the goods now or heretofore sent for the magazine be taken off their hands at the prices agreed on, that by this means the same going for England into one hand the price thereof may be upheld the better. And to the end that all the whol colony may take notice of the last order of court made in England, and all those whom it concerns may know how to observe it, we hold it fit to publish it here for a law among the rest of our laws, the which orders is as follows.

Upon the 26th of October 1618, it was ordered that the magazine should continue during the term formerly prefixed and that certain abuses now complained of should be reformed; and that for preventing of all impositions, save the allowance of 25 in the hundred profit the Governor shall have an invoice as well as the cape merchant, that if any abuse in the sale of goods be offered, he, upon intelligence and due examination thereof, shall see it corrected. And for the encouragement of particular hundreds, as Smith’s hundred, Martin’s hundred, Lawn’s hundred and the like, it shall be lawful for them to return the same to their own adventurers; provided that the same commodity be of their own growing, without trading with any other, in one entire lump and not dispersed, and that at the determination of the joint stock the goods then remaining in the magazine shall be bought by the said particular colonies before any other goods which shall be sent by private men. And it is, moreover, ordered that if the Lady La warre, the Lady Dale, Captain Bargrave, and the rest would unite themselves into a settled colony, they might be capable of the same privileges that are granted to any of the foresaid hundreds. Hitherto the order.

All the General Assembly by voices concluded not only the acceptances and observation of this order, but of the instruction also to Sir George 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 three shillings the pound the best and 18 shillings 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 25 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 corporation 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 vendible at the second price, that it shall there immediately be burned before the owner’s face.

It shall be free for every man to trade with the Indians, servants only excepted, upon pain of whipping unless the master redeem it off with the payment of an angel, 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 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 as soon as the fact is proved, without all redemption.

That no man do sell or give any of the greater howes to the Indians, or any English dog of quality, as a mastive, greyhound, blood hound, land or water spaniel, or any other dog or bitch whatsoever, of the English race, upon pain of forfeiting five pounds sterling to the public uses of the incorporation where he dwells.

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 twenty shillings to the public uses of the same incorporation where the party delinquent dwells.

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

That no man living in this colony but shall between this and the first of January next ensuing come or send to the Secretary of State 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 40 shillings to the said Secretary of State. 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 report to the Secretary of State and shall certify him upon what terms or conditions they become 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 the 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 the place do supply the same duty.

No man without leave from the governor shall kill any neat cattle whatsoever, young or old, especially kine, heifers, or cow calves, and shall be careful to preserve their steers and oxen and to bring them to plough 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 steals any canoes or other things from the Indians shall make valuable restitution to the said Indians and shall forfeit, if he be a freeholder, five pounds, if a servant 40 shillings, or endure a whipping; and anything under the value of 13 pence 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 be found negligent or faulty in this kind shall be subject to the censure of the Governor and Council of Estate.

The ministers and church wardens shall seek to prevent all ungodly disorders; the committers whereof if, upon good admonitions and mild reproof, they will not forbear the said scandalous offences, as suspicions of whoredoms, dishonest company keeping with women, and such like, they are to be presented and punished accordingly.

If any person, after two warnings, does 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 church wardens 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 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 Saviour, of the Annunciation of the Blessed Virgin, and about mid-summer, 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 5 shillings of 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 of 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 ten pounds sterling a time to the Governor; provided, that if a servant having had instructions from his master to observe his service does, 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 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 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 every one that shall transgress this law shall forfeit three shillings 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 her master or masters 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 aforesaid consents shall be subject to the severe censure of the Governor and Council of Estate.

Be it enacted by the 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 him 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.

71

Constitution for the Council and Assembly in Virginia

Complete text taken verbatim from S. M. Bemiss, The Three Charters of the Virginia Company of London, with Seven Related Documents, 1606–1621 (Williamsburg: The University Press of Virginia, 1957), 126–28.

July 24, 1621

Although this document was written in England, it is included here because it was adopted at the behest of the colonists as to both form and content. In effect it legally ratifies what the colonists had established in the previous document [70], which in turn had been authorized by an order from England in 1618. The present document clarifies the precise structure and operation of Virginia’s local government, and it also reaffirms the subordination of that government to the council in England. The governmental system defined here parallels that established during the early years of most colonies, including those in New England. There is a governor, with a continuously sitting council to advise him. Once a year that council is joined by elected representatives from the towns and other localities to form a complete legislature, the General Assembly. See the introduction to the previous document [70] for further discussion of the historical context surrounding its enactment.

To all people to whom these presents shall come, be seen, or heard, the Treasurer, Council and Company of Adventurers and Planters of the City of London for the first colony in Virginia send greeting.

Know that we, the said Treasurer, Council and Company, taking into our careful consideration the present state of the said colony in Virginia and intending, by the divine assistance, to settle such a form of government there as may be to the greatest benefit and comfort of the people and whereby all injustice, grievance, and oppression may be prevented and kept off as much as possible from the said colony, have thought fit to make our entrance by ordaining and establishing such supreme counsels as may not only be assisting to the Governor for the time being in administration of justice and the executing of other duties to his office belonging, but also by their vigilant care and prudence may provide as well for remedy of all inconveniences growing from time to time, as also for the advancing of increase, strength, stability, and prosperity of the said colony,

We, therefore, the said Treasurer, Council and Company, by authority directed to us from his Majesty under his great seal, upon mature deliberation do hereby order and declare that from hence forward there be two supreme councils in Virginia for the better government of the said colony as aforesaid. The one of which councils to be called the Council of State and whose office shall be chiefly assisting, with their care, advise, and circumspection, to the said Governor shall be chosen, nominated, placed, and displaced from time to time by us, the said Treasurer, Council and Company and our successors; which Council of State shall consist for the present only of those persons are here inserted, viz. Sir Francis Wyatt, Governor of Virginia; Captain Francis West; Sir George Yeardley, Knight; Sir William Newce, Knight, Marshal of Virginia; Mr. George Sandys, Treasurer; Mr. George Thorpe, Deputy of the College; Captain Thomas Newce, Deputy for the Company; Mr Christopher Davison, Secretary; Doctor Potts, physician to the company; Mr. Paulet; Mr. Leech; Captain Nathaniel Powell; Mr. Roger Smith; Mr. John Berkley; Mr. John Rolf; Mr. Ralph Hamer; Mr. John Pountus; Mr. Michael Lapworth; Mr. Harwood; Mr. Samuel Macocke. Which said councillors and council we earnestly pray and desire, and in his Majesty’s name strictly charge and command, that all factious partialities and sinister respects laid aside, they bend their care and endeavors to assist the said Governor first and principally in advancement and of the honor and service of Almighty God and the enlargement of His kingdom amongst those heathen people, and in erecting of the said colony in one obedience to his Majesty and all lawful authority from his Majesty’s derived, and lastly in maintaining the said people in justice and Christian conversation among themselves and in strength and hability to withstand their enemies. And this Council is to be always, or for the most part, residing about or near the said Governor, and yearly, of course, and no oftener but for very extraordinary and important occasions, shall consist for the present of the said Council of State and of two burgesses out of every town, hundred and other particular plantation to be respectfully chosen by the inhabitants. Which Council shall be called the General Assembly, wherein, as also in the said Council of State, all matters shall be decided, determined, and ordered by the greater part of the voices then present, reserving always to the Governor a negative voice. And this General Assembly shall have free power to treat, consult, and conclude as well of all emergent occasions concerning public weal of the said colony and every part thereof as shall from time to time appear necessary or requisite. Wherein, as in all other things, we require the said General Assembly, as also the said Council of State, to imitate and follow the policy of the form of government, laws, customs, manners of loyal and other administration of justice used in the realm of England, as near as may be even as ourselves by his Majesty’s letters patents are required; provided that no laws or ordinances made in the said General Assembly shall be and continue in force and validity unless the same shall be solemnly ratified and confirmed in a general greater court of the said court here in England and so ratified and returned to them under our seal. It being our intent to afford the like measure also unto the said colony that after the government of the said colony shall once have been well framed and settled accordingly, which is to be done by us as by authority derived from his Majesty and the same shall have been so by us declared, no orders of our court afterward shall bind the said colony unless they be ratified in like manner in their General Assembly.

In witness whereof, we have hereunto set our common seal the 24th day of (July) 1621, and in the year of the reign of our governor, Lord James by the [...] of God of England, Scotland, France, and Ireland, King, Defender of the [...], viz, of England, France, and Scotland the nineteenth and of Scotland the four and fiftieth.

72

[Laws and Orders Concluded by the Virginia General Assembly]

Complete text, with original spelling, taken from W. H. Hening, ed., The Statutes at Large: Being a Collection of All the Laws of Virginia from the First Session of the Legislature in 1619, vol. 1 (New York: R. & W. & G. Bartow, 1823), 122–29.

March 5, 1624

Shortly after the Virginia General Assembly passed this code of laws, the king reorganized the colony government and officially placed all power in the hands of the Governor, although in fact all of the Governor’s actions had to be approved by the Crown-appointed Council of State. That the General Assembly was officially terminated might be explained in part by section 8 of the document below, in which the Assembly asserts that the Governor cannot levy taxes without Assembly approval. Although English common law had long held that there should be no taxes levied without the approval of Parliament, the king was not inclined to let parliamentary equivalents develop in the colonies. At the same time he did not assert that the colonists were represented in Parliament because he was engaged in a bitter struggle with Parliament that would eventually result in the temporary termination of the monarchy. This left the Virginia colonists in the anomalous position of not having the basic common law rights of Englishmen that had been guaranteed by their charter from the king. Resolution of the situation came only after the gradual reassertion of the power to tax by an Assembly was called back into official existence in 1638. A major factor in this development was the empty throne between 1640 and 1660.

1.that there shall be in every plantation, where the people use to meete for the worship of God, a house or roome sequestred for that purpose, and not to be for any temporal use whatsoever, and a place empaled in, sequestered only to the buryal of the dead.

2. That whosoever shall absent himselfe from divine service any Sunday without an allowable excuse shall forfeite a pound of tobacco, and he that absenteth himselfe a month shall forfeith 50lb. of tobacco.

3. That there be an uniformity in our church as neere as may be to the canons in England; both in substance and circumstance, and that all persons yeild readie obedience unto them under paine of censure.

4. That the 22nd of March be yeerly solemnized as holliday, and all other hollidays (except when they fall two together) betwixt the feast of the annuntiation of the blessed virgin and St. Michael the archangell, then only the first to be observed by reason of our necessities.

5. That no minister be absent from his church above two months in all the yeare upon penalty of forfeiting halfe his means, and whosoever shall absent above fowre months in the year shall forfeit his whole means and cure.

6. That whosoever shall disparage a minister without bringing sufficient proofe to justify his reports whereby the mindes of his parishioners may be alienated from him, and his ministry prove the less effectual by their prejudication, shall not only pay 500lb. waight of tobacco but also aske the minister so wronged forgiveness publickly in the congregation.

7. That no man dispose of any of his tobacco before the minister be satisfied, upon pain of forfeiture double his part of the minister’s means, and one man of every plantation to collect his means out of the first and best tobacco and corn.

8. That the Governor shall not lay any taxes or ympositions upon the colony their lands or comodities other way than by the authority of the General Assembly, to be levyed and ymployed as the said Assembly shall appoynt.

9. The governor shall not withdraw the inhabitants from their private labors to any service of his own upon any colour whatsoever and in case the publick service require ymployments of many hands before the holding a General Assemblie to give order for the same, in that case the levying of men shall be done by order of the governor and whole body of the counsell and that in such sorte as to be least burthensome to the people and most free from partialitie.

10. That all the old planters that were here before or came in at the last coming of sir Thomas Gates they and their posterity shall be exempted from their personal service to the warrs and any publick charge (church duties excepted) that belong particularly to their persons (not exempting their families) except such as shall be ymployed to command in chief.

11. That no burgesses of the General Assembly shall be arrested during the time of the assembly, a week before and a week after upon pain of the creditors forfeiture of his debt and such punishment upon the officer as the court shall award.

12. That there shall be courts kept once a month in the corporations of Charles City and Elizabeth Citty for the decyding of suits and controversies not exceeding the value of one hundred pounds of tobacco and for punishing of petty offences, that the commanders of the places and such others as the governor and council shall appoint by commission shall be the judges, with reservation of apeal after sentence to the governor and counsell and whosoever shall appeal yf he be there cast in suit shall pay duble damages, The commanders to be of the quorum and sentence to be given by the major parties.

13. That every privatt planters devident shall be surveyed and laid out in several and the bounds recorded by the survey; yf there be any pettie differences betwixt neighbours about their devidents to be divided by the surveyor if of much importance to be referred to the governor and counsell: the surveyor to have 10lbs. of tobacco upon every hundred acres.

14. For the encouragement of men to plant store of corne, the prise shall not be stinted, but it shall be free for every man to sell it as deere as he can.

15. That there shall be in every parish a bulick granary unto which there shall be contributed for every planter exceeding the adge of 18 years alive at the crop after he hath been heere a year a bushell of corne, the which shall be disposed for the publique uses of every parish by the major part of the freemen, the remainder yearly to be taken out by the owners at St. Tho’s his day and the new bushell to be putt in the roome.

16. That three sufficient men of every parish shall be sworne to see that every man shall plant and tende sufficient of corne for his family. Those men that have neglected so to do are to be by the said three men presented to be censured by the governor and counsell.

17. That all trade for corne with the salvages as well publick as private after June next shall be prohibited.

18. That every freeman shall fence in a quarter of an acre of ground before Whitsuntide next to make a garden for planting of vines, herbs, roots, &c. subpoena ten pounds of tobacco a man, but that no man for his own family shall be tyed to fence above an acre of land and that whosoever hath fenced a garden and [   ] of the land shall be paid for it by the owner of the soyle; they shall also plant Mulberry trees.

19. The proclamations for swearing and drunkenness sett out by the governor and counsell are confirmed by this Assembly; and it is further ordered that the churchwardens shall be sworne to present them to the commanders of every plantation and that the forfeitures shall be collected by them to be for publique uses.

20. That a proclamation be read aboard every ship and afterwards fixed to the maste of such [   ] in, prohibiting them to break boulke or make privatt sales of any commodity until [   ] James City, without special order from the governor and counsell.

21. That the proclamation of the rates of commodities be still in force and that there be some men in every plantation to censure the tobacco.

22. That there be no weights nor measures used but such as shall be sealed by officers appointed for that purpose.

23. That every dwelling house shall be pallizaded in for defence against the Indians.

24. That no man go or send abroad without a sufficient parties well armed.

25. That men go not to worke in the ground without their arms (and a centinell upon them).

26. That the inhabitants go not aboard ships or upon any other occasions in such numbers, as thereby to weaken and endanger the plantations.

27. That the commander of every plantation take care that there be sufficient of powder and amunition within the plantation under his command and their pieces fixt and their arms compleate.

28. That there be dew watch kept by night.

29. That no commander of any plantation do either himselfe or suffer others to spend powder unneccessarily in drinking or entertainments, &c.

30. That such persons of quality as shall be found delinquent in their duties being not fitt to undergoe corporal punishment may notwithstanding be ymprisoned at the discretione of the commander & for greater offences to be subject to a ffine inflicted by the monthlie court, so that it exceed not the value aforesaid.

31. That every man that hath not contributed to the finding a man at the castell shall pay for himself and servants five pounds of tobacco a head, towards the discharge of such as had their servants here.

32. That at the beginning of July next the inhabitants of every corporation shall fall upon their adjoyning salvages as we did the last yeare, those that shall be hurte upon service to be cured at the publique charge; in case any be lamed to be maintained by the country according to his person and quality.

33. That for defraying of such publique debts our troubles have brought upon us. There shall be levied 10 pounds of tobacco upon every male head above sixteen years of adge now living (not including such as arrived since the beginning of July last).

34. That no person within this colony upon the rumur of supposed changed and alteration, presume to be disobedient to the present government, nor servants to their private officers, masters or overseers at their uttermost perills.

35.That Mr. John Pountis, counsellor of state, goin to England, (being willing by our intreatie to accept of that imployment) to solicite the general cause of the country to his majesty and the counsell, towards the charges of which voyage, the country consente to pay for every male head above sixteen years of adge then living, which have been here a yeare ffour pounds of the best merchantable tobacco, in leafe, at or before the last of October next.

Subscripts.

Sir Francis Wyatt, Knt. Governor, &c.

Copia Test,

r. hickman, Cl. Sec. off.

73

Act Relating to the Biennial and Other Assemblies and Regulating Elections and Members in North Carolina

Text taken from William L. Saunders, ed., The Colonial Records of North Carolina, vol. 2 (Raleigh, 1958), 213–16.

1715

Established in 1664/1665, the province of Carolina developed two widely separated settlements. Proprietary interest was focused on the Charles Town settlement in the south, with its fine port, while the northern settlement, centered in Albemarle County, received little attention. The document below deals with the northeastern part of the province of Carolina—what is now known as North Carolina. Each settlement was granted its own unicameral legislature under the original proprietary concessions, and both settlements were dominated by a council appointed from London. The provincial governor lived in the south, and his deputy governor served in the north. In 1669 John Locke and Anthony Cooper composed the Fundamental Constitutions of Carolina at the behest of the proprietors. Rather than resembling Locke’s system in Two Treatises of Government, it instead used Harrington’s complex system of representation based on the ownership of various amounts of property. Among other things, the Locke/Cooper document created more political offices than there were settlers. Parts of the proposal, which served as the basis for government until 1698, were adopted anyway. By this time North and South Carolina had come to be viewed as completely separate entities. In 1712 North Carolina received its own governor. In the 1715 document reproduced below, North Carolina established the form of government it would basically use until 1776. The document is notable for establishing clear districts and a careful electoral process.

Whereas his Excellency the Palatine and the rest of the true and absolute lords proprietors of Carolina, having duly considered the privileges and immunities wherewith kingdom of Great Britain is induced and being desirous that this their province may have such as may thereby enlarge this settlement and that the frequent sitting of assemblies is a principal safeguard of their peoples privileges, have thought fit to enact.

And be it enacted by the said Palatine and Lords Proprietors, by and with the advice and consent of the present Grand Assembly now met at Little River for the northeast part of the said province, and it is hereby enacted, that for the due election and constituting of members of the biennial and other assemblies, it shall be lawful for the freemen of the respective precincts of Albemarle to meet the first Tuesday in September every two years in the places hereafter mentioned, that is to say, the inhabitants of Chowan at the land laid out for a town on the fork of Queen Anne’s Creek, the inhabitants of Perquimons at the upper side of the mouth of Suttons Creek, the inhabitants of Pasquotank at the plantation now in possession of Mr. Joseph Glaister on New Begunn Creek, the inhabitants of Currituck at the plantation of Mr. Thomas Vandermulin, the inhabitants of Beaufort in Bath in Bath Town, the inhabitants of Hyde precinct at the plantation at Mr. Websterson’s the west side of Matchapungo, a river, the inhabitants of Craven at Swift’s plantation at the mouth of Handock’s Creek, the inhabitants of New Bern at the town so called, and then there to choose such members as are to sit in that Assembly, which shall be five freeholders out of every precinct in Albemarle County aforesaid.

And be it further enacted that it shall and may be lawful for the inhabitants and freemen in each precinct in every other county or counties that now is or shall be hereafter erected in this government aforesaid to meet as aforesaid at such place as shall be adjudged most convenient by the marshal of such county, unless he be otherwise ordered by the special commands of the Governor or Commander-in-Chief, to choose two freeholders out of every precinct in the county aforesaid to sit and vote in the said Assembly.

And be it further enacted that the burgesses so chosen in each precinct for the biennial Assembly shall meet and sit the first Monday in November then next following, every two years at the same place the assembly last sat, except the Palatines’ Court shall, by their proclamation published twenty days before the said meeting, appoint some other place; and there, with the consent and concurrence of the Palatines’ Court, shall make and ordain laws as shall be thought most necessary for the good of this government.

Provided always, and nevertheless, that the powers granted to the Lords Proprietors from the crown of calling, proroguing, and dissolving Assemblies are not hereby meant or intended to be invaded, limited, or restrained.

And it is hereby further enacted, by the authority aforesaid, that no person whatsoever, inhabitant of this government, born out of the allegiance of his Majesty and not made free, no Negro, Mulatto, or Indians shall be capable of voting for members of the Assembly and that no other person or persons shall be allowed or admitted to vote for members of Assembly in the government unless he be of the age of one and twenty years and has been one full year resident in the government and has paid one year’s levy preceeding the election.

And be it further enacted that all persons offering to vote for members of Assembly shall bring a list to the marshal or deputy taking the poll containing the names of the persons he votes for and shall subscribe his own name or cause the same to be done. And if any such person or persons shall be suspected either by the marshall or any other candidates not to be qualified according to the true intent and meaning of this act then the marshal, deputy marshal, or other officer that shall be appointed to take and receive such votes or lists shall have power to administer an oath or attestation to every suspected person of his qualification and ability to choose members of Assembly and whether he has not before given in his list at that election.

And be it further enacted that every officer or marshal which shall admit of or take the vote of any person not truly qualified according to the purport and meaning of this act, provided the objection be made by any candidate or inspector, or shall make undue return of any person for member of Assembly, shall forfeit, for such vote taken and admitted and for such returns, twenty pounds, to be employed for and toward the building of any court house, church, or chapels as the governor for the time being shall think fit; but if no such building require it, then to the lords proprietors, and twenty pounds to each person of right and by a majority of votes ought to have been returned, to be recovered by action of debt, bill, plaint, or information in any court of record in this government wherein no essoin, wager of law, or protection shall be allowed or admitted.

And be it further enacted that every marshall or officer whose business and duty it is to make return of elections of members of Assembly shall attend the Assembly the first three days of their sitting, unless he have leave of the assembly to depart, to inform the Assembly of all matters and disputes as shall arise about elections and shall show to the Assembly the list of the votes for every person returned and have made complaint of false returns to the Assembly. And every marshal or other officer, as aforesaid, which shall deny and refuse to attend as aforesaid shall forfeit the sum of twenty pounds, to be recovered and disposed of in such manner and form as the forfeitures before by this act appointed.

And be it further enacted that whatsoever representative, so elected as aforesaid, shall fail in making his personal appearance and giving his attendance at the Assembly precisely at the day limited by the writ or on the day appointed for the meeting of the biennial Assembly, when the election is for a biennial Assembly, shall be fined for every day’s absence during the sitting of the Assembly, twenty shilling, to be seized by a warrant from the Speaker and so to be applied to such uses as the lower house of Assembly shall think fit.

And be it further enacted that every member of the Assembly that shall be elected as aforesaid after the ratifying this act shall not be qualified to sit as a member in the House of Burgesses before he shall willingly take the oath of allegiance and supremacy, the abjuration oath, and all such other oaths as shall be ordered and directed to be taken by the members of Parliament in Great Britain.1

And be it further enacted that the quorum of the House of Burgesses for voting and passing up bills shall not be less than one full half of the House and that no bill shall be signed and ratified except there be present eight of the members, whereof the Speaker to be one; and in case eight members shall meet at any Assembly those eight shall have full power to adjourn from day to day till sufficient number can assemble to transact the business of government.

Charles Eden

N. Chevin

C. Gale

Francis Foster

T. Knight

Edward Mosely, Speaker

[1. ]Calling down evil upon a person.

[2. ]A small dagger or stiletto.

[3. ]Open defiance.

[4. ]Treatment.

[5. ]Provisions.

[6. ]Materials for barter or exchange.

[7. ]An officer who supervised the provision house of a fort.

[8. ]The master of the provisions, who also provided the soldiers’ allowance.

[9. ]Spirits or alcoholic beverages.

[10. ]Literally a man of the land—not a sailor.

[11. ]Seeing that.

[12. ]Bleach clothes.

[13. ]Pallisades.

[14. ]Rinse.

[15. ]A tool used to remove trees.

[16. ]A powerful chief of an Indian confederation south of the Potomac River.

[17. ]A vessel used in sheltered water near the shore.

[18. ]Boil.

[1. ]Note that as a result of the Glorious Revolution in 1688 we see for the first time Parliament mentioned as having the ability to legislate for a colony originally founded by a charter from the king.