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12. THE BEGINNINGS OF HOME RULE
IN 1619 a deeply significant event took place at
Jamestown. Due largely to the efforts of Sir Edwin Sandys, treasurer of
the Virginia Company, the first legislative assembly in America convened
in the church at Jamestown in the late summer of that year. This
assembly contained the embryo of representative self-government.
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. . . .
Having convened, the assembly first passed on the
eligibility of its members. Then attention was directed toward the
"greate Charter, or commission of privileges, orders and laws, sent by
Sir George Yeardley out of Englande." After study and debate the
assembly passed several petitions, which if allowed, would clarify and
supplement these documents as well as bring them in better conformity
with conditions in Virginia. From the first the right of self-government
was taken seriously.
The thirde Petition humbly presented by this General
Assembly to the Treasurer, Counsell and Company is, that it may plainly
be expressed in the great Commission (as indeed it is not) that the
antient Planters of both sortes, viz., suche as before Sir Thomas Dales'
depart were come hither upon their owne chardges, and suche also as were
brought hither upon the Companie's coste, maye have their second, third
and more divisions successively in as lardge and free manner as any
other Planters. Also that they wilbe pleased to allowe to the male
children, of them and of all others begotten in Virginia, being the
onely hope of a posterity, a single share a piece, and shares for their
issues or for themselves, because that in a newe plantation it is not
knowen whether man or woman be more necessary. . . .
The fifte Petition is to beseeche the Treasurer,
Counsell and Company that, towards the erecting of the University and
Colledge, they will sende, when they shall thinke it most convenient,
workmen of all sortes, fitt for that purpose.
The sixte and laste is, they wilbe pleased to change
the savage name of Kiccowtan, and to give that Incorporation a new
name. . . .
On August 2 attention was focused on the
formulation of laws for the colony. Included among those proposed and
enacted were measures looking to the correction of the people, the
economic welfare of the community, and the defense of the
colony.
First, in detestation of Idlenes be it enacted, that
if any man be founde to live as an Idler or renagate, though a freedman,
it shalbe lawful for that Incorporation or Plantation to which he
belongeth to appoint him a Mr to serve for wages, till he shewe apparent
signes of amendment. . .
About the plantation of Mulbery trees, be it enacted
that every man as he is seatted upon his division, doe for seven yeares
together, every yeare plante and maintaine in growte six Mulberry trees
at the least, . . .
Be it further ordained by this General Assembly, and
we doe by these presents enacte, that all contractes made in England
between the owners of the lande and their Tenants and Servantes which
they shall sende hither, may be caused to be duely performed, and that
the offenders be punished as the Governour and Counsell of Estate shall
thinke just and convenient . . .
That no man do sell or give any Indians any piece
shott or poulder [powder], or any other armes, offensive or defensive
upon paine of being held a Traytour to the Colony, and of being hanged
as soon as the facte is proved, without all redemption.
On August 4, after one last petition, the assembly
was prorogued by the Governor. This petition, aiming as it did at the
power to veto the company's laws, may easily have alarmed him.
Their last humble suite is, that the said Counsell
and Company would be pleased, so soon as they shall finde it convenient,
to make good their promise sett downe at the conclusion of their
commission for establishing the Counsel of Estate and the General
Assembly, namely, that they will give us power to allowe or disallowe of
their orders of Courte, as his Majesty hath given them power to allowe
or to reject our lawes.
A Reporte of the manner of proceeding in the
General assembly covented at James City July 30, 31, August
24, 1619.
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