[7] Boyes, McDonald. [8] Guiste, Bancroft.
An order concluded by the General assembly concerning Captaine Warde, July 30^{ th},[19] 1619, at the opening of the said Assembly.
At the reading of the names of the Burgesses, Exception was taken against Captaine Warde as having planted here in Virginia without any authority or comission from the Tresurer, Counsell and Company in Englande. But considering he had bene at so great chardge and paines to augmente this Colony, and had adventured his owne person in the action, and since that time had brought home a good[20] quantity of fishe, to relieve the Colony by waye of trade, and above all, because the Comission for authorising the General Assembly admitteth of two Burgesses out of every plantation w^{ th}out restrainte or exception. Upon all these considerations, the Assembly was contented to admitt of him and his Lieutenant (as members of their body and Burgesses) into their society. Provided, that the said Captaine Warde, w^{ th} all expedition, that is to saye between this and the nexte general assembly (all lawful impediments excepted), should procure from the Tresurer,[21] Counsell and Company in England a comission lawfully to establish[22] and plant himselfe and his Company as the Chieffs[23] of other Plantations have done. And in case he doe neglect this he is to stande to the censure of the nexte generall assembly. To this Captaine Warde, in the presence of us all, having given his consente and undertaken to performe the same, was, together w^{ th} his Lieutenant, by voices of the whole Assembly first admitted to take the oath of Supremacy, and then to make up their number and to sitt amongst them.
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.