Colonial Records of Virginia Part 8

[256] goodes, Bancroft.

[257] means, Bancroft.

[258] same, McDonald and Bancroft.

[259] England, McDonald.

[260] into, McDonald and Bancroft.

[261] upheld, Bancroft.

[262] know, McDonald.

[263] how, McDonald.

[264] wee, McDonald.

[265] Law, McDonald.

[266] which, McDonald.

[267] 26th, McDonald and Bancroft.

[268] Magazine, McDonald.

[269] duringe, McDonald.

[270] certain, Bancroft.

[271] Governour, McDonald and Bancroft.

[272] the, omitted by McDonald.

[273] wee, McDonald, Bancroft.

[274] encouragement, McDonald.

[275] severall, McDonald; several, Bancroft; this word evidently the proper one.

[276] said, McDonald, Bancroft.

[277] magazine, McDonald.

[278] shall be, McDonald.

[279] setled, Bancroft.

All[280] the general a.s.sembly by voices concluded not only the acceptance and observation of this order, but of the Instruction also to Sir George Yeardley next preceding the same. Provided first, that the Cape Marchant do[281] accepte of the Tobacco of all and everie the Planters here in Virginia, either for Goods or upon billes of Exchange at three shillings the pounde the beste, and 18d the second sorte.

Provided also that the billes be only payde in Englande. Provided, in the third place, that if any other besides the Magazin[282] have at any time any necessary comodity w^{ch} the Magazine doth wante, it shall and may be lawfull for any of the Colony to buye[283] the said necessary comodity of the said party, but upon the termes of the Magazin[284] viz: allowing no more gaine then 25 in the hundred, and that with the leave of the Governour. Provided lastely,[285] that it may be lawfull[286] for the Govern^r[287] to give leave to any Mariner, or any other person, that shall have any suche necessary comodity wanting to the Magazin[288]

to carrie home for England so muche[289] Tobacco or other naturall comodities of the Country[290] as his Customers shall pay him for the said necessary comodity or comodities. And to the ende we may not only persuade and incite men, but inforce them also thoroughly and loyally to aire their Tobacco before they bring it to the Magazine,[291] be it enacted, and by these presents we doe enacte, that if upon the Judgement of power sufficient even of any incorporation where the Magazine[292]

shall reside, (having first taken their oaths to give true sentence, twoe whereof to be chosen by the Cape Marchant and twoe by the Incorporation,) any Tobacco whatsoever shall not proove[293] vendible at the second price, that it shall there imediately be burnt before the owner's face. Hitherto suche lawes as were drawen out of the Instructions.

[280] And, Bancroft.

[281] doe, McDonald.

[282] magazine, McDonald.

[283] buy, McDonald.

[284] magazine, McDonald.

[285] lastly, McDonald.

[286] lawful, McDonald.

[287] Governour, McDonald and Bancroft.

[288] As this word is spelt by McDonald in every instance with the final e this note will not be repeated.

[289] much, McDonald.

[290] countrey, McDonald.

[291] Magazin, Bancroft.

[292] do., do.

[293] prove, Bancroft.

TUESDAY, Aug. 3,[294] 1619.

This morning a thirde[295] sorte of lawes (suche as might proceed out of every man's private conceipt[296]) were read and referred by halves to the same comitties[297] w^{ch} were from the beginning.

[294] 3rd, Bancroft.

[295] third, Bancroft.

[296] conceipte, McDonald and Bancroft.

[297] comittees, McDonald.

This done, Captaine[298] William Powell presented to the a.s.sembly a pet.i.tion to have justice against a lewde[299] and trecherous servante of his who by false accusation given up in writing to the Governo^r[300]

sought not onely to gett[301] him deposed from his government of James citty and utterly (according to the Proclamation) to be degraded from the place and t.i.tle of a Captaine, but to take his life from him also.

And so out of the said Pet.i.tion sprang this order following:

Captaine William Powell presented a Pet.i.tion to the generall[302]

a.s.sembly against[303] one Thomas Garnett, a servant of his, not onely for extreame neglect of his business to the great loss[304] and prejudice of the said Captaine, and for openly and impudently abusing his house, in sight both of Master and Mistresse, through wantonnes[305]

w^{th} a woman servant of theirs, a widdowe, but also for falsely accusing him to the Governo^r[306] both of Drunkenes &[307] Thefte, and besides for bringing all[308] his fellow servants to testifie[309] on his side, wherein they justly failled[310] him. It was thought fitt by the general a.s.sembly (the Governour himselfe[311] giving sentence), that he should stand[312] fower dayes with his eares nayled to the Pillory, viz: Wednesday, Aug. 4^{th}, and so likewise Thursday, fryday and Satt.u.r.day[313] next following, and every of those fower dayes should be publiquely whipped. Now, as touching the neglecte of his worke, what satisfaction ought to be made to his M^r for that is referred to the Governour and Counsell of Estate.