Accordingly, July 30, 1619, the first legislative assembly that ever convened on the American continent met in the church at Jamestown. It consisted of the governor, six councillors, and twenty burgesses -two from each of ten settlements.

Captain John Martin's delegates were not seated, because of a clause in his patent excepting his plantation from colonial authority. The secretary of the colony, John Pory, who was a member by virtue of his being a member of the council, was elected speaker. He had served several years in Parliament, and was, therefore, familiar with the forms and proceedings of deliberative assemblies. The assembly after a prayer from Rev. Richard Buck, of Jamestown, sat six days and did much business.

When Hening published his collection of the statutes of Virginia (1809), he was unable to find any copy of the proceedings of this the first and most interesting of the assemblies of Virginia. In 1853, however, Conway Robinson reported to the Virginia Historical Society that, on a recent visit to London, he had seen the original in the State Paper Office of England. In 1857, George Bancroft had a copy made, and published it that year in the Collections of the New York Historical Society, (second series, III. 329-358). Subsequently a second copy was obtained from London by Col. Angus McDonald when sent to England to obtain papers necessary to protect the interests of Virginia against Maryland in regard to the boundary line. Still another copy was obtained, when Hon. D. C. De Jarnette went upon a similar errand. In 1874 De Jarnette's copy was printed by order of the Virginia State Senate as Colonial Records of Virginia, Senate Document Extra, and the copy below is made from this publication. The original record, which was written by the speaker, John Pory, is in the Public Record Office, State Papers, Domestic, James I., vol. I., no. 45.

L. G. T.

PROCEEDINGS OF THE VIRGINIA

ASSEMBLY, 1619

A Reporte of the manner of proceeding in the General assembly convented at James citty in Virginia, July 30, 1619, consisting of the Governor, the Counsell of Estate and two Burgesses elected out of eache Incorporation and Plantation, and being dissolved the 4th of August next ensuing.

FIRST. Sir George Yeardley,' Knight, Governor and Captaine general of Virginia, having sent his sumons all over the Country, as well to invite those of the Counsell of Estate that were absent as also for the election of Burgesses, there were chosen and appeared.

'Sir George Yeardley, who had been a soldier in the Low Country wars, sailed for Virginia as captain of Sir Thomas Gates's company in 1609. He was wrecked with Gates on the Bermuda Islands and reaching Virginia was deputy-governor from the departure of Dale in April, 1616, to the arrival of Argall in May, 1617. After Lord Delaware's death he was appointed to succeed him as governor and captain-general. He convened the first legislative assembly in America. He served till November 18, 1621. In March, 1626, he was reappointed governor, and continued in that office till his death in November, 1627.

2 The immediate district of Jamestown. 3 The region of City Point.

4

'Or Henrico; on Farrar's Island.

For Kiccowtan 1

Captaine William Tucker,
William Capp.

For Martin Brandon 2-Capt. John Martin's Plantation

Captain Christopher Lawne,
Ensigne Washer.

For Captaine Warde's plantation 3

Captaine Warde,

Lieutenant Gibbes.

1 Elizabeth City.

'Brandon, on the south side of James River. This was one of the private plantations, resembling manors.

Afterward Southampton Hundred, running along the north side of the James, from Weyanoke to the Chickahominy. This hundred, and some of those subsequently mentioned, were the property of different small associations subordinate to the Virginia Company. On hundreds, see p. 266, note 2.

In the east end of the present James City County, some miles below Jamestown. 'Argall's Gift lay about a mile north of Jamestown. See p. 275, note 1. On the south side of the river, half way from Brandon to City Point. "At Lawne's Creek in Isle of Wight County.

'On the south side of James River, above Brandon, where Ward's Creek still preserves the name.

3

The most convenient place we could finde to sitt in was the Quire of the Churche Where Sir George Yeardley, the Governor, being sett downe in his accustomed place, those of the Counsel of Estate sate nexte him on both hands excepte onely the Secretary then appointed Speaker, who sate right before him, John Twine, clerke of the General assembly, being placed nexte the Speaker, and Thomas Pierse, the Sergeant, standing at the barre, to be ready for any service the Assembly shoulde comaund him. But forasmuche as men's affaires doe little prosper where God's service is neglected, all the Burgesses tooke their places in the Quire till a prayer was said by Mr. Bucke, the Minister, that it would please God to guide and sanctifie all our proceedings to his owne glory and the good of this Plantation. Prayer being ended, to the intente that as we had begun at God Almighty, so we might proceed with awful and due respecte towards the Lieutenant, our most gratious and dread Soveraigne, all the Burgesses were intreatted to retyre themselves into the body of the Churche, which being done, before they were fully admitted, they were called in order and by name, and so every man (none staggering at it) tooke the oathe of Supremacy, and entred the Assembly. At Captaine Warde the Speaker tooke exception, as at one that without any Comission or authority had seatted himselfe either upon the Companies, and then his Plantation would not be lawfull, or on Captain Martin's lande, and so he was but a limbe or member of him, and there could be but two Burgesses for all. So Captaine Warde was comanded to absent himselfe till such time as the Assembly had agreed what was fitt for him to doe. After muche debate, they resolved on this order following:

1 Choir.

'Rev. Richard Buck was educated at Oxford and came to Virginia in 1610 with Sir Thomas Gates. He married John Rolfe to Pocahontas in Jamestown, April 5, 1614. In 1618 Rolfe writes that "he was a verie good preacher." He died before February, 1624.

'King James I.

4

The whole plantation.

An order concluded by the General assembly concerning Captaine Warde, July 30th, 1619, at the opening of the said Assembly.

At the reading of the names of the Burgesses, Exception was taken against Captaine Warde as having planted here in Virginia without any authority or comission from the Tresurer, Counsell and Company in Englande. But considering he had bene at so great chardge and paines to augmente this Colony, and adventured his owne person in the action, and since that time had brought home a good quantity of fishe, to relieve the Colony by waye of trade, and above all, because the Comission for authorising the General Assembly admitteth of two Burgesses out of every plantation without restrainte or exception, Upon all these considerations, the Assembly was contented to admitt of him and his Lieutenant (as members of their body and Burgesses) into their society. Provided, that the said Captaine Warde with all expedition, that is to saye between this and the nexte general assembly (all lawful impediments excepted), should procure from the Tresurer, Counsell and Company in England a comission lawfully to establish and plant himselfe and his Company as the Chieffs of other Plantations have done. And in case he doe neglect this he is to stande to the censure of the nexte general assembly. To this Captaine Warde, in the presence of us all, having given his consente and undertaken to performe the same was, together with his Lieutenant, by voices of the whole Assembly first admitted to take the oath of Supremacy, and then to make up their number and to sitt amongst them.

This being done, the Governor himselfe alledged that before we proceeded any further it behooved us to examine whither it were fitt, that Captaine Martin's ' Burgesses shoulde have any place in the Assembly, forasmuche as he hath a clause in his Patente which doth not onely exempte him from that equality and uniformity of lawes and orders which the

'Captain John Martin was one of the original Council of Virginia, being the only member still resident in Virginia at this time. When Jamestown was abandoned in 1610, he was the only one of the colonists to protest against it. He was living as late as 1627.