Part 5

Chiefes, McDonald.

This being done, the Governour 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 w^{ch} doth not onely exempte him from that equality and uniformity of lawes and orders w^{er} the great charter faith are to extende over the whole Colony, but also from diverse such lawes as we must be enforced to make in the General Assembly. That clause is as followeth: Item. That it shall and may be lawfull to and for the said Captain John Martin, his heyers, executours and assignes to governe and comaunde all suche person or persons as at this time he shall carry over with him, or that shalbe sente him hereafter, free from any comaunde of the Colony, excepte it be in ayding and assisting the same against any forren or domestical enemy.

should, Bancroft.

W^{ch}, McDonald and Bancroft.

extend, Bancroft.

inforced, McDonald.

such, McDonald.

shall be, McDonald.

ag^{st}, McDonald.

Upon the motion of the Governour, discussed the same time in the assembly, ensued this order following:

An order of the General Assembly touching a clause in Captain Martin's Patent at James Citty, July 30, 1619.

After all the Burgesses had taken the oath of Supremacy and were admitted into the house, and all sett downe in their places, a Copie of Captain Martin's Patent was produced by the Govern^{or} out of a Clause whereof it appeared that when the general assembly had made some kinde of lawes requisite for the whole Colony, he and his Burgesses and people might deride the whole company and chuse whether they would obay the same or no. It was therefore ordered in Courte that the foresaid two Burgesses should w^{th}drawe themselves out of the assembly till suche time as Captaine Martin had made his personall appearance before them. At what time, if upon their motion, if he would be contente to quitte and give over that parte of his Patente, and contrary therunto woulde submitte himselfe to the general forme of governemente as all others did, that then his Burgesses should be readmitted, otherwise they were utterly to be excluded as being spies rather than loyal Burgesses, because they had offered themselves to be assistant at the making of lawes w^{ch} both themselves and those whom they represented might chuse whether they would obaye or not.

The following passage is a side note on the margin of the McDonald and De Jarnette copies, but Bancroft includes it in the text:--The authority of Captaine Martin's Patent graunted by the Counsell & Company under their Comon Seale, being of an higher condition and of greatter force then any Acte of the General Assembly.

this, McDonald and Bancroft.

Captaine, McDonald.

Captaine, McDonald.

Patente, McDonald and Bancroft.

Governour, McDonald and Bancroft.

Generall, McDonald and Bancroft.

obey, McDonald; obaye, Bancroft.

Capt., McDonald.

Common, McDonald.

comission, McDonald.

greater, McDonald.

Generall.

then, McDonald.

of the, McD.

obeye, McDonald; obaye, Bancroft.