The governor only to summon the council, and sign 1621. warrants, and execute or give authority to execute council orders, except in cases that do belong to the marshall, July 24th. treasurer, deputies, &c. The governor to have absolute authority to determine and punish all neglects, and contempts of authority, except the council, who are to be tried at the quarter sessions and censured. Governor to have but the casting voice in council or court, but in the assembly a negative voice. That care be taken that there be no engrossing commodity, or forestalling the market: All servants to fare alike in the colony, and their punishment for any offences is to serve the colony, in publick works: To see that the earl of Pembroke's thirty thousand acres be very good : To make discoveries along the coast, and find a fishery between James River and Cape Cod. As to raising staple commodities, the chief officers ought to set examples and to aim at the establishment of the colony: And lastly, not to let ships stay long, and to freight them with walnut, and any less valuable commodity. The governor administered the following oath to the council. "YOU shall swear to be a true and faithful servant "unto the king's majesty, as one of his council for Vir"ginia: You shall in all things to be moved, treated, and "debated in that council concerning Virginia or any the "territories of America, between the degrees of thirty "four and forty five from the equinoctial line northward, "or the trades thereof, faithfully and truly declare your "mind and opinion, according to your heart and conscience; and shall keep secret all matters committed and "revealed to you concerning the same, and that shall be "treated secretly in that council, or this council of Vir James 1st. 1621. James 1st. "ginia, or the more part of them, publication shall not (a) "be made thereof; And of all matters of great imporJuly 24. "tance, or difficulty, before you resolve thereupon, you "shall make his majesty's privy council acquainted there"with, and follow their directions therein: You shall to "your uttermost bear faith and allegiance to the king's "majesty, his heirs, and lawful successors, and shall as"sist and defend all jurisdictions, preheminences, and au"thorities granted unto his majesty and annext unto the "crown against all foreign princes, persons, prelates or "potentates whatsoever, be it by act of parliament or "otherwise: and generally, in all things, you shall do as a "faithful and true servant and subject ought to do. So 'help you God and the holy contents of this book.” " (a) The word "NOT" inserted by the editor. It is not in the MS. but it was certainly an omission of the transcriber LAWS OF VIRGINIA. From the first Session of the Legislature in 1619, &c. IN June, 1619, the first Assembly ever held in Virginia was convened by sir George Yeardley, then Governor, and met at James Town; which was at that time, and for many years afterwards, called "James Citty." Some account of the acts passed at this session, (taken from the Ancient Records relating to Virginia,) is given in a note prefixed to the acts of 1623-4; being those of the earliest period now extant. In May 1620, we are told by historians, that another assembly was held in Virginia. Beverley, indeed, makes it the first legislature under the colonial government. But of the acts of this assembly there is no mention in the proceedings of the London Company; a circumstance which renders it extremely doubtful whether such an assembly was, in fact, ever held. In November and December 1621, another assembly was held an event not mentioned by Stith, or any of our early historians. The acts of this session are very briefly noticed in the minutes of the London Company; and relate entirely to the introduction and culture of such staple commodities as the company in Eugland, recommended; particularly the article of silk, which seems to have engrossed nearly the whole attention of the legislature. Two acts, the one prescribing regulations for planting mulbury trees, the other directing, that in clearing land, no malbury trees shall be destroyed, are first mentioned. The remaining acts of this session contain little more than an enumeration of the wants of the colony From this period to the year 1629, the acts of the legislature of Virginia, are scarcely noticed in the minutes of the London company; the proclamations of the governor supplying, in almost every instance, the place of legislative acts. But from 1629, with but little intermission, for a series of years, the acts of each session, are accurately epitomised. In March 1623-4, there was another assembly, the acts of which have been preserved, and are the first published in this volume. They are no further noticed in the minutes of the London company, than in an abstract of a letter from the governor and council in Virginia, of the 17th of April, 1624, advising, that "since their last "letters they had met in a General Assembly, and had "sent Mr. John Pountis to solicit their common cause "with the king and council." See ancient records, Vol. 3, p. 176. Although we may regret the loss of the acts of a few sessions, in the early part of our legislative proceedings, as furnishing materials for history, and exhibiting monuments of the want of parliamentary skill in our ancestors, yet, as it respects the rights of property the loss will not be felt: For if we may judge from the subject matter embraced by such acts as have been preserved, the legislature was exclusively occupied in promoting an uniformity to the doctrines and discipline of the church of England, in enforcing attendance at church and other religious exercises; and in such temporary defensive operations against the Indians as the defenceless state of the colony rendered necessary. Besides, in February 1631-2, all former laws, made by any assembly, were declared to be of no effect. See the 67th act of the session of February, 1631-2. It was also a mode of legislation peculiar to those times, to repeal all former laws, and re-enact them in the very words in which they were originally passed. Hence we often find a repetition of the same act, in the laws of the different sessions. LAWS AND ORDERS Concluded on by the General Assembly, March the 5th, 1623-4. [From a MS. furnished the editor by Thomas Jefferson, President of the United States. This manuscript is endorsed, (evidently in the same hand writing with the acts themselves,) thus: "The first Laws* made by the MDCXXIII." And immediately underneath, in the hand writing of Mr. Jefferson, is this endorsement : Stith, in his history of Virginia, pa. 160, says that in the latter end of June, 1619, Sir George Yeardley, then governor, called the first assembly that was ever held in Virginia. Counties not being then laid off, the repre sentatives of the people were elected by townships; the boroughs of JamesTown, Henrico, Bermuda Hundred and others, sending their members to the assembly; from which circumstance, the lower house was first called the house of Burgesses. The acts of this assembly, says Stith, were remitted to England and presented to the company, to be read in the court the 20th of March following: For the company had then the regal power of confirming or disannulling the acts of assembly but he could no where find, among the records extant, any account of the particulars that passed only that Sir Edwin Sandys, upon perusal of them, assures the company that they were very well and judiciously formed; but were very intricate and difficult to be reduced into distinct and proper heads. Beverley (page 35) says that the first assembly was held at JamesTown, in May 1620; and that the burgesses sat in the same house with the governor and council, after the manner of the Scotch parliament; ૧ The MS. from which these acts were printed, is now in the Library of Congress, at Washington. |