ld.
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[24] 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}[25] the great charter faith are to extende[26] over the whole
Colony, but also from diverse such lawes as we must be enforced[27] 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[28]
person or persons as at this time he shall carry over with him, or that
shalbe[29] sente him hereafter, free from any comaunde of the Colony,
excepte it be in ayding and assisting the same against[30] any forren or
domestical enemy.
[24] should, Bancroft.
[25] W^{ch}, McDonald and Bancroft.
[26] extend, Bancroft.
[27] inforced, McDonald.
[28] such, McDonald.
[29] shall be, McDonald.
[30] ag^{st}, McDonald.
Upon the[31] 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[32] 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[33] Martin's Patent[34] was produced by the Govern^{or}[35] out
of a Clause whereof it appeared that when the general[36] 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[37] the same or no.[M] 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[43] loyal Burgesses, because they had offered themselves to
be assistant at the making of[44] lawes w^{ch} b
|