t the same[137] the Instructions convertible into lawes were referred
to the consideration of the above named Committies,[138] viz., the
general Instructions to the first Committie[139] and the particular
Instructions to the second, to be returned by them into the assembly on
Munday morning.
[137] McDonald and Bancroft insert time.
[138] Committees, McDonald.
[139] Committee, McDonald.
SUNDAY, Aug. 1.
Mr. Shelley, one of the Burgesses, deceased.
MUNDAY,[140] Aug. 2.
Captain John Martin (according to the sumons sent him on Fryday,[141]
July 30,) made his personall appearance at the barre, whenas the Speaker
having first read unto him the orders of the Assembly that concerned
him, he pleaded lardgely for himself[142] to them both and
indevoured[143] to answere some other thinges[144] that were objected
against[145] his Patente. In fine, being demanded out of the former
order whether he would quitte that clause of his Patent[146] w^{ch}
(quite otherwise then Sir William Throckmorton's, Captain Christopher
Dawnes'[147] and other men's patentes) exempteth himselffe and his
people from all services of the Colonie excepte onely in case of warre
against[148] a forren or domesticall enemie. His answere[149] was
negative, that he would not infringe any parte[150] of his Patente.
Whereupon it was resolved by the Assembly that his Burgesses should have
no admittance.
[140] Monday, McDonald and Bancroft.
[141] Friday, McDonald.
[142] himselfe, McDonald and Bancroft.
[143] & indeavoured, McDonald.
[144] things, McDonald.
[145] ag^{st}, McDonald.
[146] Patente, McDonald and Bancroft.
[147] Lawnes, Bancroft, see p. 10.
[148] ag^{st}, McDonald.
[149] answer, Bancroft.
[150] part, McDonald and Bancroft.
To the second order his answere was affirmative, namely, that (his
Patent[151] notwithstanding) whensoever he should send into the baye to
trade, he would[152] be contente to putt in security to the
Governour[153] for the good behaviour of his people towardes[154] the
Indians.
[151] patente, McDonald.
[152] woulde, McDonald.
[153] Gov^r, Bancroft.
[154] towards, Bancroft.
It was at the same time further ordered by the Assembly that the
Speaker, in their names, should (as he nowe doth[155]) humbly
demaunde[156] of the Treasurer, Counsell[157] and Company an exposition
of this one clause in Captaine[158] Martin's Patente, namely, where it
is saide That he is to enjoye[159] his landes
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