Part 3

Having, during a long period of years, instituted a very thorough research among the papers relating to America in the British State Paper Office, partly in person and partly with the assistance of able and intelligent men employed in that Department, I have at last been so fortunate as to obtain the "Proceedings of the First Assembly of Virginia." the document is in the form of "a reporte" from the Speaker; and is more fall and circumstantial than any subsequent journal of early legislation in the Ancient Dominion.

Many things are noticeable. The Governor and Council sat with the Burgesses; and took part in motions and debates. The Secretary of the Colony was chosen Speaker, and I am not sure that he was a Burgess. This first American Assembly set the precedent of beginning legislation with prayer. It is evident that Virginia was then as thoroughly a Church of England colony, as Connecticut afterwards was a Calvinistic one. The inauguration of legislative power in the Ancient Dominion preceded the existence of negro slavery, which we will believe it is destined also to survive. The earliest Assembly in the oldest of the original thirteen States, at its first session, took measures "towards the erecting of" a "University and Colledge." Care was also taken for the education of Indian children. Extravagance in dress was not prohibited, but the ministers were to profit by a tax on excess in apparel. On the whole, the record of these Proceedings will justify the opinion of Sir Edward Sandys, that "they were very well and judiciously carried." The different functions of government may have been confounded and the laws were not framed according to any speculative theory; but a perpetual interest attaches to the first elective body representing the people of Virginia, more than a year before the Mayflower, with the Pilgrims, left the harbor of Southampton, and while Virginia was still the oldest British Colony on the whole Continent of America.

GEORGE BANCROFT.

NEW YORK, October 3, 1856.

"A Briefe Declaration of the Plantation of Virginia during the first twelve yeares, when Sir Thomas Smyth was Governor, of the Companie, and downe to this present tyme. By the Ancient Planters now remaining alive in Virginia."--MS. in my possession.

"A Briefe Declaration," &c.

"A Briefe Declaration," &c.

"Proceedings of the first Assembly," now first printed in this volume.

"Henrico, now Richmond," is a grievous error. "Henrico, or Henricus, was situated ten miles below the present site of Richmond, on the main land, to which the peninsula known as Farrar's Island was joined." See footnote Q.--ED.

This document is the third in this collection. It is printed from the copy obtained by Col. McDonald.--ED.

Smith's Generall Historie of Virginia, Richmond edition, Vol. ii. pp. 38, 39.

See Beverley's History of Virginia, p. 37 of the first edition, and p. 35 of the second.

Stith's History of Virginia p. 160, Williamsburg edition.

MS. Copy of Address of Sir Francis Wyatt, &c., &c., to King James I., signed by Sir Francis Wyatt and 32 others. Hening's Statutes at Large, I., p. 119. refers to the acts of 1623-'4 as "the earliest now extant."

"These Burgesses met the Governor and Council at Jamestown in 1620, and sat in consultation in the same house with them as the method of the Scots Parliament is." "This was the first Generall Assembly that ever was held there."--Beverley.--ED.

"And about the latter end of June (1619) he (Sir George Yeardley, Governor,) called the first General Assembly that was ever held in Virginia. Counties were not yet laid of, but they elected their representatives by townships. So that the Burroughs of Jamestown, Henrico, Bermuda Hundred, and the rest, each sent their members to the Assembly." * * * * "and hence it is that our lower house of Assembly was first called the House of Burgesses," Stith, p. 160. "In May, this year (1620), there was held another Generall Assembly, which has, through mistake, and the indolence and negligence of our historians in searching such ancient records as are still extant in the country, been commonly reported the first General Assembly," Ib. p. 182. We do not see that Stith "errs" even "a little in the data." Rolfe says, "The 25 of June came in the Triall with Corne and Cattell in all safety, which took from us cleerely all feare of famine, then our gouernor and councell caused Burgesses to be chosen in all places, and met at a general Assembly," Smith, p. 128. Stith says, "And about the latter end of June he called," &c., Stith, p. 160. Neither intimate when the Assembly met, only that the governor called them to the latter part of June.--ED.

The first published notice of the existence of this paper occurred in the proceedings of the annual meeting of the Virginia Historical society, held December 15, 1853. In the report of the Executive Committee the chairman, Conway Robinson, Esq., states that he had seen the original report in the State Paper Office in London, on a recent visit to that city.--See Virginia Historical Reporter, Vol. I., 1854. Whatever question there may be in regard to priority of discovery, it is to be regretted that it was left to the Historical Society of another State to publish a document of so much value to the one to which it solely relates.--ED.

The Secretary of the Colony and Speaker of the first Assembly was John Pory. If he had been one of the Burgesses his name would have appeared with the others. Through the influence of the Earl at Warwick he was made Secretary to the Virginia Company. Campbell says, "He was educated at Cambridge, where he took the Master of Arts in April, 1610. It is supposed he was a member of the House of Commons. He was much of a traveller, and was at Venice in 1613, at Amsterdam in 1617, and shortly after at Paris." "Sir George Yeardley appointed him one of his Council."--Campbell, p. 139. The record shows that he acted as the presiding officer of the first Assembly, whether ex officio or by selection is not stated. It will be seen that a typographical error in Bancroft's pamphlet makes his name Povy. In Smith's General Historie there is a paper styled "The observations of Master John Pory, Secretarie of Virginia, in his travels;" it gives an account of his voyage to the eastern shore.--Smith, p. 141. Neill says of him, "John Pory was a graduate of Cambridge, a great traveller and good writer, but gained the reputation of being a chronic tipler and literary vagabond and sponger." When young he excited the interest of Hakluyt, who, in a dedication to the third volume of his, remarks: "Now, because long since I did foresee that my profession of Divinitie, the care of my family; and other occasions, might call or divert me from these kind of endeavour, I, therefore have, for these three years last past, encouraged and gathered in these studies of Cosmographia and former histories my honest, industrious and learned friend, Mr. John Porey, one of speciall skill and extraordinary hope, to perform great matters in the same, and beneficial to the Commonwealth." "Pory, in 1600, prepared a Geographical History of Africa, but he soon disappointed the expectations of his friends."

A letter from London, dated July 26, 1623, says: "Our old acquaintance, Mr. Porey, is in poore case, and in prison at the Terceras, whither he was driven by contrary winds, from the north coast of Virginia, where he had been upon some discovery, and upon his arrival he was arraigned and in danger of being hanged for a pirate." "He died about 1635." For further particulars from contemporary authorities, see Neill's History of the Virginia Company of London. Albany, Munsell, 1869.--ED.

COLONIAL RECORDS OF VIRGINIA.

STATE PAPERS.

COLONIAL. VOL. I.--NO. 45.

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

First. Sir George Yeardley, Knight Governo^r & Captaine general of Virginia, having sente his sumons all over the Country, as well to invite those of the Counsell of Estate that were absente as also for the election of Burgesses, there were chosen and appeared

For James citty Captaine William Powell, Ensigne William Spense.

For Charles citty Samuel Sharpe, Samuel Jordan.

For the citty of Henricus Thomas Dowse, John Polentine.

The caption is after the De Jarnette copy. Bancroft has "S.P.O." (State Paper Office.) "Am'a & W. Ind. Virg.: Indorsed, Mr. Povy out of Virginia. The Proceedings of the First Assembly of Virginia: July 1619." Sainsbury's Calendar of State papers: Colonial, 1574-1660, has, "Endorsed by Mr. Carleton. Mr. Pory out of Virginia."--p. 22.