L THE §tatute£ at £ar&e; BEina A COLLECT!^ OF .U LAWS OF VRGIIVTA FROM THE FIRST SESSION OF TH£ LEGISLATURE, IN THE YEAR !ol9 PUBLISHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY OF VIRGINIA, PASSED ON THK FIFTH DAY OF FEBRUARY ONE THOU- SAND EIGHT HUNDRED AND EIGHT. VOLUME I. By WILLIAM WALLER HENING. ■The Laws of a country ire nrrp^nrily connected with every thing belonging to the people of it, jo that a thorough knowledge of Mem, and of their progress, would inform us of everything that Was most useful t<> lie known about thorn ; and one of the greatest imperfections of historians in "eneral, w owing to their ignorance of law." Pritstle^s Ltd. on Hist. Vol. I. pa. 149. NEW-YORK: PRINTED FOR THE EDITOR, BY R. fc W. fc O. BARTOW. i — 1823. WE, P. V. Daniel, William F. Pendleton, William Robertson, and Wit- Ham Selden, members of the executive council of Virginia, do hereby certi- fy that the tow contained in the first volume of Making's Statutes at Large have been, by us, examined and compared with a copy as corrected by the certificate of the examiners heretofore appointed, from which they were ta- ken, by William F. Pendleton and William Selden, from page 1, to page 368 inclusive, by William V. Pendleton and William Robertson, from page 369 to page 428, inclusive, and by William F. Pendleton and Peter V. Dan- iel, from page 429, inclusive to the end, except from page 465 to page 472, in- clusive, which were examined by Peter V. Daniel and William Selden, and we have found the pages respectively examined by us, truly and accurately printed except as to the following list of errata, to the number of twelve. Given under our hands, this 14th day of July, 1823. P. V. DANIEL. W. F. PENDLETON. W. ROBERTSON. W. SKLDEN. ERRATA. 17, line 11 from top, strike out "L" after "3" 218, line 4 from bottom, insert "out"after "parts" 2jS, line 12 from bottom, insert "be" after "to" 259, line 10 from bottom, strike out "continue" 278, line 2 from bottom, for "ordered" read "enacted" 292, line 2 from top, strike out "three" after "the" 304, line 14 from top, insert "as" after "binding" 342, line 10 from top, for "on" read "no" 360, line 16 from top, for "but" read "by" 518, line 17 from bottom, for •'though" read "throv; 539, line 9 from bottom insert "in before tobacco" line 18 from top, for "so" read "to" SANTA CAS PBEFACE TO THE FIRST EDITION. WHETHER 1 shall render an acceptable service to my native 1 state in furnishing the only authentic materials for its early history. i which have hitherto been published, and which display alike the virtue and vices, the wisdom and folly of our ancestors, I am at a loss to conjecture. Nations as well as individuals have their pride of ancestry; and poets and historians in all ages have delighted to gratify that harmless propensity. Homer has interwoven a few his- torical facts, with a strange mixture of Grecian mythology. His heroes were all allied to the Gods, and the celestial beings, in evei-' conflict, had their feelings enlisted on the side of their respective descendants. He is the only historian of the Trojan war; and amidst the innumerable beauties of this immortal bard, we almost lose sight of the fictions with which his poem abounds. Virgil, in imitation of his great prototype, equally administered to the vanity of the Romans. It was not enough that they were the successors of Janus, of Saturn, of Jupiter, and a whole race of Latin kings, who were afterwards deified, and that their city was founded by Romulus, the son of the God Mars, but their passion for illustrious ancestors gave a ready admission to JEneas the Trojan, son of An- chises by the Goddess Venus, and ranked him as the sixth king of the Latins. Livy, one of the best of the Roman historians, intro- duces his work with those fabulous accounts, which the prejudices of education had induced the best informed of his countrymen to adopt. Modern English historians have, with propriety^ rejected the legendary tales with which the writings of their predecessors are filled ; but the early histories of all the kingdoms of Europe, es- tablished after the dark ages, which succeeded the decline and fall of the Roman empire, contain little more than the traditions of their bards. Indeed, until we come to the laws of a nation, it is impos- sible to form a correct idea of its civil polity, or of the state of so- ciety : "As every new law,'' says a celebrated writer, "is made to re- move some inconvenience the state was subject to before the mak- iv PREFACE. ing of it, and for which no other method of redress was effectual; the law itself is a standing, and the most authentic evidence we can require of the state of things previous to it.''« The colony of Virginia having been planted long after the revi- val of letters in Europe, 6 as well as the general introduction of the use of the press, it might have been expected that every thing re- lating to our early history would have been carefully preserved. But it is a melancholy truth, that though we have existed as a na- tion but little more than two hundred years, our public offices arc destitute of official documents. It is to the pious care of individu- als c only, that posterity will be indebted for those lasting monu- ments which perpetuate the oppressions of the kings of England, and the patient sufferings of the colonists. When we compare the extensive grant of territory contained in (he charters ol King James I. to the Lnndon Company, d with the narrow limits to which the colony of Virginia was afterwards reduced; when we review the arbitrary conduc of that monarch in suspending the powers of the company, by proclamation, and the equally unjust proceedings of his son, Charles I. in taking the government into his own hands ;e and when we contemplate the gradual but progressive encroach- ments of his successors, on the rights of the people, till resistance became indispensable, we shall cease to wonder that so (ew evi- dences of their turpitude hive been suffered to remain. What was left undone by the predecessors of George III, was consummated during his reign. All the papers, except a few fragments deposited in the archives of the Council of State, and other public offices, within the reach of his myrmidons, were, with more than the savage barbariiy of the Goths and Vandals, committed to the flames. In the infancy of our legislation, the laws were few and simple. They related chiefly to the church government ; to the culture of tobacco and other staple commodities; to defensive operations against the Indians, and such other subjects as would naturally en- a Priestley's lectures on history, vol. 1, pa. 149. b The first charter of king; James I. lor two several colonies and plantations in Vir- ginia bears date the 10th of April, 1606 (see pa. 57 ;) and the first permanent settle- ment was made on the 26th of \pril, 1607, (see pa. 132 ) All the public papers, in the early periods of the colony, are dated in such a " year of the plantation," answering to the above date for its foundation. rTliomas Jefferson, late President of the United States, has contributed more than any other individual to the preset \ ation of our ancient laws. He very early employed himself in collecting them for the public use ; and to bis assistance the editor is chiefly in-., bted for tin- materials which compo*ethe present work — Several other gentlemen have very obligingly aided the exertions of the editor; an acknou ledgment of which is made at the commencement of the acts of each session. d Four hundred miles on the sea coast, and all that space westwardly to the Pacific orean (see pa. 88 ;) and all the islands lying within three hundred leagues of the coast of Virginia (>< e pa. 100.) e See Jefferson's Notes on Virginia, Query XIII, pa. 118, 123 of 1st edit. pa. 212, 213 of last edit. PREFACE. v gross the attention of the legislature, in a newly settled country. — The acts of each session (which existed only in manuscript) were promulgated, by being read 10 the people at the beginning of every monthly court, and by havingcopies deposited in the clerk's office for the inspection of all those who wished to consult them./ Besides, as every plantation or settlement was entitled to as many represen- tatives as the inhabitants thought proper to elect,g" the members, on their return home, could easily communicate to their neighbors the substance of the laws which had passed. It was not until the year 1733, that an edition of our laws was printed in Virginia. Purvis's Collection, as it is generally called, was published in London, without date, and only with the initials of the printer's name, (T. J. for J. P,) but supposed to be between the years 1684 and 1687, it being dedicated to Lord Howard, go- vernor of Virginia, who held that office during the above period : in 1722.A an Abridgement of the laws of Virginia (ascribed to Be- verley) was also published in London ; and in 1728,/t a second edi- tion of the same work. The volumes of Purvis appear to have been bound up with blank leaves at the end, for the reception of subsequent MS. laws, and to have been distributed to the respec- tive counties at different times ; as some copies have more, and some less of those MS. acts transcribed into them. For many years after the publication of this book, it is referred to, by the printed laws :'* but it is so grossly inaccurate, that but little use will be made of it in the present edition. On comparing it with two MS. embracing the same period, and which are of undoubted authority and accuracy, it has been discovered that not only entire sentences, but whole acts are omitted ; besides innumerable typo- graphical errors, which totally vary the sense. So much of the acts from which Purvises collection was printed as contained the revisa! of 1661-2, were transmitted to Sir William Berkeley, then in En- gland, for the king's confirmation, after which he was requested to deliver them to the assignee of Henry Randolph, clerk of the as- sembly, who had the exclusive right of printing and vending the copies for ten years.* The acts from 1661-2 to 1682, inclusive, where Purvis ends, were probably transmitted to London and in- corporated in the volume, without any special sanction of the le gislature. During the early periods of legislation in Virginia, it was the usu- /Sec act LVIU. of 1631-2, pa. 177, and act LXI. of 1632, pa. 202. g See pages 138, 147, 153, 177, where it will be observed that the representation was by plantations. h A copy of each is in possession of the editor ; the former the property of !>• noeus Boiling, Esq. and the latter of William Wirt, Esq. ' This is a mistake. Sec preface to 2d Vol. i See Vol. 2, act 142 of March, 1661-2 vi PREFACE. al practice whenever a law required amendment, to re-enact it, with the amendments introduced into the body of it. It was cus- tomary too, at each session, to repeal all former laws,& and either re-enact them in the very same words of the act repealed, or with such amendments as experience might suggest. While they exist- ed only in manuscript, and were promulgated by being publickly read, this mode was attended with peculiar advantages : for the people, at once, heard the ivhole law on a subject, without being compelled to ask the advice of counsel, or to resort to the clerk's office for a reference to the only copy extant in their county. The first revisal of our laws was in September, 1632, though none was expressly so called, until March, 1642-3. In March, 1657-8, during the existence of the commonwealth of England, an- other revisal was made, adapting the laws of the colony to the state of the church, and the republican institutions of that period.? In March, 1661-2, after the restoration, the laws were again revised. One of the avowed objects of this revisal, as expressed in the pre- amble to the acts, was to repeal and expunge all laws " which might " keep in memory their forced deviation from his majesties obedi- " ence." The next revisal was in 1705. All the foregoing, ex- cept Purvises collection, exist to this da}' in manuscript. The printed revisals since that of Purvis, are the editions of 1733, 1752, 1769, 1785, 1794, 1803 and 1808. Beverley's and Mercer's abridgments cannot properly be deemed revisals. In the mode adopted for the revision of the laws, their history and progress have been completely lost. When various and prior acts on the same subject, have been consolidated into single bills, they were enacted into laws, as of the date when the legislature last acted upon them. The sessions acts, from which they were taken, were thrown aside as waste paper, and in the course of a few years, the original law was wholly forgotten. A remarkable instance of this occurred in the act " For a free trade with Indians.'' It originally passed in 1691 ; but was incorporated in the manu- script revisal of 1705, without an} 7 notice of the act from which it had been taken. In 1733 it was printed from the act of 1705, and as of that date. This being the first appearance of the law in print. our supreme court decided, that that act, as passed in 1705, was k See act LXVI. of February, 1631-2 (pa. 177) and act I. of Sept. 1632 (pa. 179- fc't) by which all former laws are repealed ; and many of the acts of these seilions will be found to be mere repetitions of former ones. / Compare act I. of March, 1657-8 (pa. 433) with act t. of March, 1642-3 (pa. 240) and it v. HI a' once be discovered thai the laws for settling the church government, dur- ing the commonwealth, instead of enjoining obedience to the doctrines and disci- plined the Church of England, left the people to the exercise of their own judg- ment- PREFACE. vii iiie first law which restricted the right of making slaves of Indians.//.-. The act of 1691, having been afterwards discovered in an edition of Purvis,n into which it had been transcribed, the district court of Accomack held that it was the law of the land, and equally re- stricted the right of making slaves of Indians, with the act of 1705. o Since then two other manuscripts, containing the same law, as pass- ed in 1691, have been discovered ;p and the supreme court of ap- peals have unanimously established their authority and decided that u No native American Indian, brought into Virginia since the year 1691, could, under any circumstances, lawfully be made a slave. "^ Thus it has happened, that under the influence of theirs? opinion of our supreme courts, arising from the want of access to the laws, thousands of the descendants of Indians have been unjustly depriv- ed of their liberty. With men of liberal and enlarged minds, it had long been a sub- ject of serious regret that no legislative means were adopted for the preservation of our ancient laws, so very essential to a correct view of our history, and on which so much property depended. The evil began to be so sensibly felt, as it respected questions of property, that the legislature, at the session of 1795, passed an act directing that all the laws and clauses of laws, whether public or private, relating to lands, tenements, or hereditaments, within this commonwealth, at any time passed since the first settlement of Vir- ginia, should be collected, and an edition of one thousand copies published. A committee, consisting of Geokge Wythe, John Brown, John Marshall, Bushrod Washington and John Wickham, was appointed, who, or any three of whom, were re- quested to carry the intention of the legislature into effect.r In pursuance of this act, the chairman of the committee (Judge Wythe) addressed a letter to Mr. Jefferson, requesting the use of his col- lection of laws, which was known to be more complete than any other extant. Mr. Jefferson sent his collection of the printed acts, but immediately afterwards, in a letter to Mr. Wythe, gave such cogent reasons for extending the publication so as to embrace all r/i See the rase of Hannah &: others vs. Davis, in the general court, mentioned in a note to Tucker's Blackstone, vol. I, part 2, pa. 47. See also the case of Coleman vs. Dick k Patt. I. Wash. 233. R An exact copy is in the possession of Thomas Evans, esquire, of Accomack, now oue of the judges of the general court, by whom the editor was favored with the pe- i'i-ul of it. ee judge Tucker's opinion in Hudgins vs. Wrights, I. Hen. &. Mumf. 136. )> One belonging to Thomas Jefferson, late president of the United States ; the other pn ii nted to the editor by the court of Northumberland county, and both now in hrs possession'. '/ See 2, Hen and Mumf. 14i>, Pallas and others vs. Hill ami other' d Code. vol. 1 pa. 343 via PREFACE. our laws, that the committee declined entering upon the object of their appointment, till the sense of the legislature could be taken on this more enlarged plan. In the mean time the operation of the act for collecting and publishing all the laws concerning lands was suspended;s the following letter from Mr. Jefferson to Mr. Wythe, was submitted to the legislature, by governor Monroe, at the ses- sion of 1800, and a bill passed the house of Delegates for publish- ing a certain number of copies of all the laws ; but an amendment ha°ving been introduced in the Senate, the bill, on its return to the House of Delegates, was lost. " Montieello, January 16th, 1795. " In my letter which accompanied the box containing my collec- tion of printed laws, I promised to send you by post a statement of the contents of that box. On taking up the subject 1 found it better to take a more general review of the whole of the laws I possess, as well manuscript as printed, as also of those which I do not possess, and suppose to be no longer extant. This general view you will have in the inclosed paper, whereof the articles stated to be printed, constitute the contents of the box I sent you. Those in MS. were not sent, because not supposed to have been within your view, and because some of them will not bear removal, being so rotten, that, on turning over a leaf, it sometimes falls into pow- der. These 1 preserve by wrapping and sewing them up in oiled cloth, so that neither air nor moisture can have access to them.— - Very early in the curse of my researches into the laws of Virgi- nia, I observed that many of them were already lost, and man) more on the point of being lost, as existing only in single copies in the hands of careful or curious individuals, on whose deaths they would probably be used for waste paper. I set myself, therefore, to work to collect all which were then existing, in order that when the day should come in which the public should advert to the mag- nitude of their loss in these precious monuments of our property and our history, a part of the regret might be spared by informa- tion that a portion has been saved from the wreck, which is wor- thy of their attention and preservation. In searching after these remains, I spared neither time, trouble nor expense ; and am of opinion that scarcely any law escaped me, which was in being as late as the year 1770, in the middle or southern parts of the state. In the northern parts perhaps something might still be found. In the clerks' offices in the ancient counties some of those MS. copies of the laws may possibly still exit which used to be furnished at the public expense to every county before the use of the press was introduced ; and in the same places, and in the hands of ancient ma- l See Revised Code, vol. 2, App. No. IX. p PrintH in ITS') B x PREFACE. copy from the MSS, which would employ a clerk about a year, of something more ; to which expense about a fourth should be added for the collation of the MSS. which would employ three persons al a time about half a day or a day in every week. As I have al- ready spent more, time in making myself acquainted with the con- tents and arrangements of these MSS. than any other person pro- bably ever will, and their condition does not admit their removal to a distance, I will chearfully undertake the direction and super- intendance of this work, if it can be done in the neighbouring towns of Charlottesville or Milton, farther than which I would not under- take to go from home. For the residue of the work my printed volumes might be delivered to the printer. I have troubled you with these details, because you are in the place where they may be used for the public service, if they admit of such use, and because the order of assembly, which you mention, shews they are sensible of the necessity of preserving such of those laws as relate to our landed property, and a little further consideration will perhaps con- vince them that it is better to do the whole work once for all, than to be recurring to it by peace-meal, as particular parts of it shall be required, and that too, perhaps, when the materials shall be lost." The editor having been, for more than twenty years engaged in collecting the fugitive sessions acts, and believing that iiis own col- lection added to that of Mr. Jefferson's (with which he was well as- sured he would be furnished) formed the only one in existence which was worthy of publication, determined to set about the work, lest by some accident the lapse of a few years might deprive posterity of the remaining documents then within his reach. On communicating his intention to Mr. Jefferson, he was favored with the following letter, which at once shews the degree of import- ance which that great man attaches to the undertaking, and the opinion which he was pleased to express of the editor's competen- cy for the execution of it. Extract of a Utter from Thomas Jefferson, President of the United States, to Wm. W. Hening. Washington, Jan. 14, '07. " The only object I had in making my collection of the laws of Virginia, was to save all those for the public which were not then already lost, in the hope that at some future day they might be republished. Whether this be by private or public eu- terprize, my end will be equally answered : The work divides it- si If into two very distinct parts, to wit, the printed and the unprint- e ! laws. The former begin in 1602 (Purvis's collection.) — My Collection of these i< in strong volumes, well bound, and therefore PREFACE. si may safely be transported any where. Any of these volumes which vou do not possess, are at your service lor the purpose of republi- cation. But the imprinted laws are dispersed through many MS. volumes, several of them so decayed that the leaf can never be opened hut once without falling into powder. These can never bear removal farther than from their shelf to a table. They are as well as I recollect from 1622 downwards. I formerly made such a di- gest of their order, and the volumes where they are to be found, that under my own su peri n ten dance they could be copied with once handling. More they would not bear. Hence the impracticability of their being copied but at Monticello. But independent of them the printed laws, beginning in 16G2, with all our former printed collections, will be a most valuable publication, and sufficiently distinct. I shall have no doubt of the exactness of your part of the work, but I hope you will take measures for having the typography and paper worthy of the work. . TH. JEFFERSON. 5 ' At the session of 1807, the editor submitted a memorial to the General Assembly, stating his object and requesting that some mode might be adopted to give authenticity to the laws which he was about to publish. An act was accordingly passed, in pursuance of which, the work has been proceeded on. That he has executed it to the entire satisfaction of every one, cannot be expected ; but that he has spared no pains to render it worthy of the approbation of an enlightened public, he is perfectly conscious. It may be an objection with some, that the orthography in which iIk; laws were written has been strictly preserved : But the slightest reflection will evince the propriety of this measure. In no other way can the history of a language be accurately traced; nor is there any circumstance which more clearly distinguishes a genuine from a spurious paper. To the mind of the editor nothing can be more improper, in transcribing from an original, than to vary the spelling of the words, to sait the fluctuations of a living language. ft would be just as proper for a painter, in copying the picture of an ancient Turk with his mustachoes, to give him the beardless face of a modern American Indian. Until the reign of queen Anno, the English language was extreme- ly variable and unsettled. The best informed men, writing at the une period, would spell the same words very differently. This is particularly remarkable in Hayncs's, Murdin's and Thurloe^s state papers, which are truly copied from the originals. When that bright constellation of writers, composed of Addison, Pope, Swift, Sic. &c made their appearance, it was supposed that our language i is unalterably settled ; succeeding writers have taken them as a xtt PREFACE, model; and lexicographers in abundance have sprung up, who have been satisfied if they could trace a word to such respectable author- ities. But it should be recollected that, during the constant muta- tions of a living language, corruptions are imperceptibly creeping in ; and that whenever we stop at any particular period and at- tempt to fix a standard, as of the language then used, we necessari- ly embrace some of those corruptions. Thus, it will be seen in the present volume, that from the year 1623, till towards the restoration in 1660, the word " governor'' was generally spelt without the 11 ti," in the termination ; afterwards that superfluous letter was in- troduced, and being in general use during the reign of queen Anne, the word " governour'''' became the standard of orthograph)'. But the " u" is now universally exploded. The same remark applies to the words " Hand''/; and " massaker,"v which were thus written in our ancient statutes. They were afterwards changed to Island and massacre, which is still in general use ; but a modern writer of celebrity, who seems to have carried his researches into the history and origin of our langunge much farther back than any of his predecessors, has shewn that these are mere anomalies. to Ma- ny other instances might be adduced, in which the words were much more correctly written nearly two hundred years ago, than at the period when the English language was supposed to have been carried to its utmost degree of perfection : But it would occup) v too much space to point them out. Others, whose course of stud)' is more particularly directed to that object, may avail themselves of the materials which this work so abundantly supplies. Per- haps in no other single publication will there be found a more re- gular and connected history of the English langunge, for upwards of a century. Nor will the authority of the book be lessened by the consideration that it contains only the laivs and state papers of the age, the public transactions of which it records. In every na- tion which has attained any degree of civilization, men of the best talents have been usually employed in the formation of their }aws, and in the various public departments. Hence it is. that in the laws and stale papers of a country, we may reasonably look for the best models of language. Bin it is not merely to trace the history of our language that re- ference may be had to these volumes. They will be found to con- tain a rich treasure of information relative to the state, of society among the first settlers ; their religious intolerance ; the rise, progress an J establishment of our civil institutions ; and generally such politi- cal events as afford a lesson to posterity of something worthy to he t Sop pn. 148, 178-9. » S-r act. LXVIJ. pa. 177 See preface to Webster's compendious dictionary pa. VI1F, XVjI. PREFACE. xm imitated and something' (o be shunned. Much of the present work lias existed until now, only in manuscript, and in single copies ; and has been inaccessible to all our historians. To this cause may be ascribed some of the errors with which all the histories of Vir- ginia abound; but too many of them may be traced to the gross ignorance or wilful misrepresentations of the English historians. Except the rays of light reflected by Mr. Burk, (from the scanty materials in his possession,) on that portion of our history which comprises the existence of the commonwealth of England, the whole of that period is either enveloped in total darkness, or has been most inaccurately represented by every historian who profess- ed to depict \tx In detailing the leading events of that day, it has been saidy "that the governors of Virginia were appointed by the commonwealth or by Cromwell ; that the people, tired of the restraints imposed on their commerce, and strengthened in princi- ples of loyalty by the royalists who flocked hither from England, were impatient to shake off the yoke of Cromwell ; and dragging Sir William Berkeley from his retiranent, unanimously appointed him governor, and proclaimed Charles II, with all his titles, be- fore the restoration had been effected in England." There is not one word of truth in any part of this relation. Not a single govern or was appointed either by the parliament or by Cromwell; but they they were all elected by the House of Burgesses in pursuance of the powers vested in them by the provisional articles of government, adopted at the surrender of the country to the commissioners ap- pointed on behalf of the parliament.^ The commerce of Virginia was even more free than that of the mother country. None of the restrictions of the act of navigation were felt. The vessels of' all nations were admitted into their ports; and a duty often shil- lings a hogshead imposed on all tobacco exported, and shipped tn any part of America or elsetohere except in English vessels directly bound to England :a from the payment of which duty, vessels belonging to Virginians were afterwards exempted. b Finally the assembly passed an act asserting the right of the colony to a fret- trade with all nations in amity with the people of England, and compelled all masters of vessels to give bond, in the penalty of two thousand pounds sterling, not to molest any person trading here under the protection of the laws.c So far were the assembly from :c Sec notrs to pages 429, 513 anil 526. y By Beverley, Chalmers, Robertson and others. c See pages 371, 428, 431, 502, the articles of the provisional government ; ami pages 371, 408, 431, 602, 504,516, 530, the election of governors by the house of Inn -es. a See act LXX1V of March, 1657-8, pa. 469 and acts X and XVI of March, 1659 60" pa 536. *> See pa. 537. < See act IX, pa. 535. xiv PREFACE. erectiugthe royal standard and proclaiming" Charles li. at the time when the}' elected Sir William Berkeley, governor, that, by the very first act of the same session they expressly took the powers of go- vernment into their own hands ; and directed that all writs should issue " in the name of the Grand Assembly. "d By the second act, they appointed Sir William Berkeley, governor ; enjoined it on him to call an assembly once in two years at least, or oftener if necessa- ry ; gave him the power of making choice of a secretary and coun- cil of state, with the approbation of the assembly; and restrained him from dissolving the assembly without the consent of the ma- jor part of the house.e These acts passed at an assembly held in March, 1G59-60, between the resignation of Richard Cromwell^ (on the 22d of April, 1659) and the restoration of Charles II. (on the 29th of May, 16G0;) at a time when, as the assembly express themselves, " there was no resident, absolute and general confess- ed power in England." They were unquestionably the offspring of necessity, and arose from that state of interregnum which existed in England, when the cautious proceedings of General Monck left it uncertain what kind of government would be ultimately adopt- ed. In contemplating the laws of every infant state, progressing in civilization, the mind is struck with the remarkable coincidence in their objects and tendencies. To promote the increase of popula- tion, supply the want-; of the people, improve the agriculture and staple commodities of the country, provide for the due administra- tion of justice, and guard against the incursions of the aboriginal inhabitants are among the first sulyects which claim and receive the attention of the legislature; and not unfrequently the establish- ment of some particular system of religion, in exclusion of all o- thers, has had but too much share in then* deliberations. Nor will it be an useless lesson to posterity to review the various mea- sures which have been adopted by their ancestors to insure these ends, and the success with which they have been attended. The first pages of our statute book, of the acts of each of the ear- ly sessions, and of every revisal prior to the American Revolution are devoted to the cause of religion and church government: not that religion which Q\cry man might think proper to profess, or that liberal system which permitted every individual to worship his God according to the dictates of his own conscience; but the religion of the church was the religion of the ruling party in the state, and none other was tolerated. From the settlement of the colony to the death of Charles I. and the commencement of the commonwealth thereupon, an uni- tctl •>; March, 1659-60, p. 530. e See act II. of March, 1659-60, pa. 331 PREFACE. *v ■ onnity to the doctrines and discipline of the church of England was strictly enjoined ;/ all non-conformists were compelled to leave the colony, with all convenience ;g popish recusants were disabled from holding any office, and their priests not suffered to remain more than five days in the country. h During the commonwealth, the affairs of the church were left to the discretion of the parish- ioners ;i but no sooner did the Quakers, who had fled from the persecutions in England, arrive on our shores than they were met by the terrors of an act" for suppressing them ;'7c masters of ves- sels were subjected to a penalty of one hundred pounds sterling for each Quaker brought into the colony; all Quakers were impri- soned without bail or mainprize, till they found sufficient security to depart the colony ; for returning they were directed to be pro- ceeded against as contemners of the laws and magistracy, and pu- nished accordingly ; and if they should come in a third time they were to be prosecuted as felons. All persons were prohibited, un- der the penalty of one hundred pounds sterling, from entertaining them, or permitting their assemblies in or near their houses; and no person was permitted to dispose of, or publish, any books or pam- phlets containing the tenets of their religion./ It is worthy of observation that a similar principle to that which has obtained in Kentucky with respect to compensation for im- provements made upon lands by one man, the title of which ap- peared, from investigation, to be in another, existed in a law of Vir- ginia, so long ago as the year 1043. And as this law has never be- fore been published, we can only account for the coincidence, by Supposing that mankind, in every age, placed in similar situations, will generally pursue the same course. The act, after reciting that many suits had been commenced, founded on controversies relating to land, " to the great trouble and molestation of the whole, colony,'' goes on to declare, that if any man should settle on a tract, of land, which, on a just survey, should prove to be the property of another, a valuable consideration should be allowed by the judg- ment of twelve men upon oath, to the first who seated it, for clear- ing and improving it; but if the charge should amount to more? than the real owner was willing to give, the person in possession was bound to keep the land, and pay the owner what it should be judged by twelve men to be worth, " before the seating thereof ;" and, of course, without regard to the improvements. An excep- tion was made in favour of orphans ;wi and afterwards a further M pa. 123, 144, 149, 166, 180, 240, 277. g See pa. 277. h See pn. 268-9. i See pa. 4X:i. I; See pa. 632. / §e« pa.533 Set DCtXXXIfl of March, 1642-3, pin 260 cVi PREFACE. proviso, tint an allowance for " building and clearing" should uuf be made to those who had " lawful warning" of a prior right.n— About the same period (1643) the assembly passed an act direct- ing that all process against debtors lately arrived from England (except where the debts were contracted for goods purchased in England, or for the accommodation of planters returning to this country) should be suspended.o This act is introduced by a lengthy preamble, assigning reasons which fully satisfied the minds of the legislature as to the policy and even justice of the measure. These laws had an obvious tendency to increase the population, and pro- mote the improvement of the country, by rendering the persons of many of the inhabitants free from restraint, and by securing to every man the fruits of his labour. The culture of tobacco seems to have been a favorite object with the first settlers, and was the only staple commodity to which they could be induced to turn their attention. In order to improve its quality various laws were passed limiting the number of plants to be cultivated by each hand, and the leaves to be gathered from a plant.ja - Other details in the process of making it, were also pre- scribed by the legislature; and to insure a just compensation for the labour of the planter, the price at which it was to be sold was ilxed by the assembly, at different times. q The first idea of in- specting tobacco is contained in an act passed in 1630, before any warehouses were established. The process was very simple, and the penalty for offering unmerchantable tobacco in payment equally severe, if a planter offered to pay away, or barter any bad tobacco, the commander of the plantation (an officer who united with the powers of a justice of the peace, the supreme military command of the settlement) with two or three discreet men, were directed to view it, and if found of bad quality, to cause it to be burnt; and the owner was prohibited from planting any more tobacco until author- ised by the General Jlssembly.r At the next session the law was amended so as to make it the duty of the commander to issue his order either verbally or in writing to two " sufficient men" to view the tobacco, who were, in like manner, to burn it, if of bad quali- ty..? The same law was re-enacted in the revisal of 1632. t In 1 633, warehouses (then called storehouses) were established, and the inspectors were to be composed of that member of the king's council, whose residence was nearest any warehouse, and the com- missioners of the several plantations, as assistants. v U Spc art XV of 1647, pa. 349 And act XXII of March, 1657-8, pa. 443,4. a S.-e net XXIV of March, 1642-:j r pa. 256. p See pa. 141,2, 152, 164, 188-9, 203, 4, 5, 6, 209, be. q See pa. 188,206,210. See pa 152, Sae pa Mo t Sec pa. 190. See pa 204,211. PREFACE. xvii To prevent the recurrence of a scarcity of corn, which bad been severely felt in the colony, each master of a family was compelled to plant and sufficiently tend, two acres a head, for each labouring person in his family; and as an encouragement to cultivate that article, the price was not to be limited, but every planter might sell it as dear as he could. Nor does it appear that the legislature ever interfered with the exportation of corn, or restricted the price, except in times of pressing want.w In the year 1630, the contents of a barrel of corn were fixed at Jive bushels, Winchester measure, and has so continued to the present day.a; Various and severe laws were very early enacted against forestal- ling and ingrossing imported articles,?/ but their ineflieacy having been experienced, they were all repealed and a free trade allowed.* The administration of justice, in Virginia, was originally ex- tremely cheap, and simple in its details. Commanders of planta- tions held monthly courts for the trial of civil actions, not exceed- ing the value of one hundred pounds of tobacco, and for the pu- nishment of petty offences,! reserving the right of appeal to the quarter court held by the governor and council, which possessed the supreme judicial power, under the different charters, and had original jurisdiction in all cases whatsoever. Commissioners of monthly courts succeeded to commanders of plantations, with the like jurisdiction in civil cases ;J which was afterwards extended to five pounds sterling.6 The jurisdiction of the court was further extended to sixteen hundred pounds of tobacco, and they were to be called county instead of monthly courts ; and that of a single ma- gistrate was final as far as twenty shillings sterling.c In conse-. quence of the great distance of many of the counties from James City, where the quarter courts were held, jurisdiction was finally given to the county courts, in all cases of law and equity, and the trial by jury secured to those who desired it.d The decision of the county court was, at first, final as far as sixteen hundred pounds of tobacco,e and for all sums above that an appeal was allow- ed to the quarter court, and from thence to the assembly ;/ which afterwards had jurisdiction of appeals in all cases, of whatever amount.^- Besides the general jurisdiction of the county and quar- ter courts, special provision was made for certain counties and set- tlements where it was considered too inconvenient to the people to attend at the usual place of holding courts. The leading prin- ciple seems to have been to carry justice to the doors of the inhabit- ants. Thus, the county court of Northampton. " on account of its to See Index tit. < corn.' x See page 170. * Fa. 296. y See pa. 160, 166, 190, 172, 194, 217, 245. f See pa. 125. 131. % See pa. 132. b See pa. 168, 185. r. See pa. 2T1 :-! d See pa 303 t See pa. 345, 398, 477 flWd. g Sec pa. 541 c xviii PREFACE. remotenessfromJam.es City," had final jurisdiction as liar as three thousand two hundred pounds of tobacco ; one commissioner on the South side of the river in James City county, was vested with the powers of a county court ;h the inhabitants of Appamattock or Bristol parish, were also authorised to hold courts, with the right of appeal to Henrico or Charles City county coUrts.i Two courts were permitted to be held in Northampton ;& two in Isle of Wight ;l and two in Charles City.m As the population of the county in- creased, and new counties were formed, these special courts were abolished. In the year 1643, the first act passed for regulating lawyers : though they had certainly attended the several courts before that periods By the first law on the subject, no attorney was permit- ted to plead, without a license ; which was grantable by the court in which he practised ; nor could an attorney have a license from more courts than the quarter, and one county court, — Their fees were twenty pounds of tobacco, in the county, and fifty pounds in the quarter court : and no attorney could refuse to be retained unless employed on the other side. In 1645, all mercenary attor- nies were expelled from office :o In 1647, that act was amended by adding a clause to it declaring that no attornies should take any fees ; and if the court should perceive that either party, by his weak- ness, was likely to lose his cause, they themselves should either open the case or " appoint some fit man out of the people," to plead the cause, and allow him a reasonable compensation : no other at- tornies were admitted.^ In 1656, the act prohibiting attornies was repealed; the governor and council were authorised to license them for the quarter courts, and the commissioners for the county courts, and if any controversy should arise concerning their fees, it was to be settled by the courts respectively. In 1657-8, the law against mercenary attornies, was again revived. q An inspection of the different fee bills will shew the simplicity of judicial proceedings, and the -mall compensation allowed to the officers of court. The first officers whose fees were established by law, were the secretary who was clerk of the quarter court,?- and the marshal, who executed the same duties which devolved upon the sheriff, after the appointment of that officer, which was not until the year 1634.6' The fees of clerks* and sherifl'sz? embraced but few objects, and were very moderate. Clerks of county courts were, at one time, appointed by the go- vernor^ but afterwards by the courts themselves.// f'ommis- h See pa. 335-6. i See pa. 376. k See pa. 409. I Ibid, m See pa. 497. n See pa. 275. o Fa. 3< p Pa. 349. q Pa. 482. r Pa. 176, 20 1 , 220, 265, 463. s Pa. 224, as to appointment of Sheriffs, & pa. 176, 201, 220, as to marshal's feet t Pa. 266. 305. 464. Pa. 266, 465 wP. 305. u Pa. 448-9 PREFACE. 3u X toners 01' county courts, (the same as justices of the peace) were formerly appointed by the governor,.? afterwards by act of assem- bly ;a but at the commencement of the commonwealth they were appointed by the house of burgesses ;b afterwards they were re- commended by their courts, and commissioned by the governor and council, c and finally their appointment was confirmed by the assembly. d During the same period the county courts recom- mended three or more to the governor and council, out of which they made a selection for sheriffs, e who were to continue in office for one year only./* No representative government was ever instituted in which the principles of universal suffrage, and of full representation, were carried further than in Virginia. The right of suffrage was ori- ginally exercised by all freemen; who were not compellable to go from their plantations to vote for burgesses ;g but might give their suffrages by subscribing a paper.A This mode having been attended with considerable inconvenience, it was provided that all future elections should be by plurality of voices present ; and a fine was imposed on ^\\ free men, who should fail to attend at the time and place appointed for the election.?' The number of bur- gesses to a plantation or settlement (before the formation of coun- ties) was unlimited \k nor does it appear that, at that time, any particular qualifications were necessary. After counties were laid off, the number of representatives to a county remained with- out limitation, until November, 1645,1 when they were reduced to four to each county, except James City county, which might send five, and the city itself one ;m and the election was directed to be held where the county courts were,n except in those places which were specially authorised by act of assembly to hold elections. — These were certain parishes to which that privilege was granted ;o and it was afterwards extended to all parishes, they paying the ex- penses of their burgesses, as the counties in general were compel- led to do in relation to theirs.p At the March session, 1660-1, the number of burgesses was limited to two for each county, and one for James City, it being the metropolis.^ s See the form of the commission, pa. 132. a Pa. 168, 166. I Pa. 372. c Pa. 376, 402. d Pa. 480. e Pa. 392. /Pa. 442, « Pa. 2-27 h Pa. 333. i Pa. 333-4. k See beginning of acts of 1629, pa. 138, of 1630, pa. 147, of 1632, pa. 152, same year, page 178, of 1633, page 202, in all of which it will be found that each plantation sent their members to the assembly. I See acts of 1643, page 239, of 1644, page 2S3, February, 1644-5, page 288, and of November, 1645, page 299. m Pa. 300. n Ibid. o Pa. 250, 277. p Pa. 421, 520, 267, 454. «/ See Act VII, of March, 1660-1, which was re-enacted in the revisal of March; lfirtl-2, and may be found in Purvis's Collection, act LXXXIV, page 64. x\ PREFACE, The first act which in the smallest degree abridged the right of suffrage, or prescribed the qualifications of the members, passed at the March session, 1634-5.?- By this act it was declared, that the persons who should be elected to serve in assembly be such, and no " other than such, as were persons of known integrity and of good " conversation, and of the age of one and twenty years."s That " all house keepers, whether freeholders, lease-holders, or other- " wise tenants, should only be capable to elect burgesses ;" pro- vided that the term " house, keepers should extend no further than •- to one person in a family. "£ At the next session, however, so much of this act as excluded any freeman from voting was re- pealed : the assembly declaring " that they conceived it something " hard and unagreeable to reason that any persons should pay equal " taxes, and yet have no votes in election. "v In the revisal of 1657-8, the same principle is preserved ; the right of suffrage be- ing extended to " all persons inhabiting in the colony, that " are free men."m; By an act of 1670, that right was, for the first time, confined to free holders only ;a? and the necessity of this qualification was further enforced by instructions from king Charles II, to sir Wm. Berkeley, governor, in 1676 : " You shall " lake care/' says the second article of the instructions, " that the • f members of the assembly be elected, only by free holders, as " being more agreeable to the custome of England, to which you " are as nigh as conveniently you can to conform yourselfe.''y To enumerate all the instances in which the leading principles of laws, supposed to be of late origin, may be traced back to a re- mote period of antiquity, would far exceed the limits usually de- voted to a preface ; but it would be a work of great utility. On the foundation of many of our ancient laws, the superstructure of the modern has been raised; and many of them are much more clearly expressed than those, on the same subject, of a more recent date. This circumstance, added to the reasons often assigned by the ear- ly legislatures for the enacting of their laws, would remove much of that doubt and perplexity which is so often experienced in the exposition of a statute. Should the editor meet with that encou- ragement in his arduous undertaking, which will permit him to indulge a hope that his labours have obtained some share of public approbation, he will give a General Index at the end of the work. which shall contain a correct historv of our several laws from the earliest period to the present time. Bridges and ferries were at first established and maintained at public expense ;z but this being considered burthensome to the in- t Pa. 411. I Pa. 412. t Pa. 412. ; Pa 403 to Pa. 475. x Purvis's Collection, 167-8, and vol. 2 of this work. y Manuscript in possession of ihr. Editor, folio 121, 1> « Pa. 26y PREFACE. xxi labitants ot many ol' the counties, especially the poor, who seldom ised them ; the law, as to ferries, was repealed, a and the county :ourts vested with power to establish ferries on the application of ndividuals, and fix their rates. 6 The exclusive right of establish- ing ferries was afterwards resumed by the assembly: and having exercised it for a series of years, to the great interruption of other public business, the legislature at the session of t80o,c restored to the county courts the power exercised by them so long ago as the year 1647. The present volume iias been printed entirely from manuscript, and brings down the laws to the termination of the commonwealth, in 1660. As these documents are at such complete variance with the historical accounts which we have had of the public transac- tions in Virginia, especially during the four last years of the com- monwealth, I have felt it an indispensable duty to annex copious notes, explanatory of the views which I have taken ot those sub- jects d In the running title to the acts passed during the Commonwealth, that term has been preserved ; contrary to the practice in England, which has been to consider the commonwealth, in the computation of the reign of Charles II. as a period which never existed. Thus we see in the Statute-books, and Reporters, the year 1661, which was in theirs* year after Charles II. was actually at the head ot the government, intituled as the twelfth year of his reign.e In a work so laborious as the present, where the characters in which the laws are written are as difficult to decypher as the Greek language would be to a person who had never learnt the alphabet, it is impossible to avoid the committing of many errors. The ef- fect upon the eye sight, too, has been incalculably injurious. To this cause may, doubtless, be ascribed some of the mere literal er- rors which have escaped my utmost diligence. But it is believed that few have passed unnoticed which affect the sense. The only error of any importance which I have to regret, is in the arrange- ment of the acts of March, 1654-5, and 1655-6. These were dated in the MS. simply 1655, and the acts of March, 1655-6, were there placed before those of March, 1654-5. It was only by the subject matter that the error could be discovered : and when done, it was too late to alter the arrangement. The reader will therefore turn over from page 393 to 404, and having gone to page 414, he will return to 393. To this volume is prefixed a list of governors of Virginia, du- « Pa. 348. b Pa. 348, 41 1. c See Revised Code, vol. 2, pa. 130. d See Notes In pa. 358, 369, 429, 613, 626 e See acts of 1661-2, in vol. 2. See also Hanlres's Reports 166. Sir Thomas Ray niond's Report 1, ar>^ I Levinz's Rep. T xxii PREFACE. ring the period comprised in it, taken from an annent manuscript, with which the editor was favored by Mr. Jefferson, late President of the United States. A similar list will be prefixed to each vo- lume : and at the end of the work, a complete table, exhibiting an historical view of the formation, boundaries, and variation in the names of the several counties in Virginia will be given. The Ancient Charters to the first adventurers, forming a mass of important information, have hitherto been of very difficult access; and some of them existing only in manuscript, it was thought that a general collection of them would greatly add to the utility of the work. — They have accordingly been compiled and printed from the best authorities. As an introduction to the laws of an onceinfant colony, it has been deemed proper to notice those acts of sovereignty, which the peo- ple were either compelled to resort to, when the oppressions of the mother country, left them no alternative hut absolute slavery, or the formation of an independent government ; or which their more mature judgment induced them to adopt. With this view, the Constitu- tion of the United States, with the latest amendments; the Declaration of Independence ; the Articles of Confedera- tion; the Declaration of Rights, and Constitution of Vir- ginia have been inserted. But the people of Virginia, represent- ed in convention, being theirs* to proclaim the idea of American Independence, that solemn act may, with propriety, claim the first place in a collection of their laws ; and has accordingly been inserted. WILLIAM WALLER HENING, Richmond, 29th August, 1809. PREFACE THE SECOND EDITION. By the act of the 5 th day of February, 1808, authorizing the editor to publish the Statutes at Large, and prescribing the mode of authentication, one hundred and fifty copies were subscribed for, on behalf of the commonwealth ; which added to two hundred copies printed for the use of the editor's subscribers, made the im- pression three hundred and fifty copies only. Under this sub- scription, the work progressed to the end of the 4th volume, when the aiterruptions produced by the late war, and the death of the pub- lisher, Mr. Samuel Pleasants, Junr. occasioned its suspension. When the committee on the Revised Code of 1819, reported to the legislature, they so strongly recommended the continuation of die Statutes at Large, that the act of the 10th of March, 1819, was passed. By this act, the subscription, on behalf of the state, was increased to eight hundred copies ; but no provision was made for completing the sets with the first four volumes. The first volume having been long out of print, and the state having a large surplus of the 5th and subsequent volumes, the act of the 24th of January, 1823, was passed, which provides for com- pleting the sets, and appropriates the proceeds of the sales of 500 copies, under the superintendence of the executive, to the purchase of a public library. In the first edition, commencing on page 238, the caption of the acts states them to have been taken from a MS. belonging to Edmund Randolph, Esq. The volume was received from that gen- tleman, by the editor, who understood it to be his property. But from two letters addressed to the editor by Thomas Jefferson, Esq., late President of the United States, the one dated the 25th of April, J 81 5, the other the 3d of September, 1820, there was such xxiv PREFACE. conclusive evidence that the MS. belonged to him, and had been borrowed, from his library, by Edmund Randolph, Esq., when he contemplated writing a history of Virginia, that it has been sent to the library of Congress, with the other MSS. included in Mr. Jefferson's Catalogue. The error in the caption has been correct- ed in this edition. WILLIAM WALLER HENJNG. Richmond, January 30th. 1823. "A mBi^ ©3? oomnnnrs c>* Page. 9 31 32 36 37 46 47 49 50 56 LIST of Governors of Virginia, during the period comprised in this volume ----- 3 Resolution of the Convention of Virginia, authorising their Delegates in Congress to declare American In- dependence --___. _6 Constitution of the United States, with the latest amend- ments -------- Declaration of Independence - Articles of Confederation - Declaration of Rights of Virginia - Constitution of Virginia - Ancient Charters relating to the first settlement of Vir- ginia, viz : First Charter, or Letters Patent of King James I. to Sir Thomas Gates and others, for two several colonies and plantations in Virginia (April 10th, 1606) 57 66 Articles, Instructions, &c. for the two several colonies and plantations in Virginia, (Nov. 20th, 1606) 67 75 Ordinance and Constitution of King James 1. enlarg- ing the number of the council for the two several co- lonies, &c. (March 9th, 1607) - - - - 76 79 Second Charter of King James I. to the Treasurer and Company, erecting them into a body politic, &ic. (May 23d, 1609) SO 98 Third Charter of King James I. to the Treasurer and Company for Virginia, (March 12th, 1611-12) - 98 110 Ordinance and Constitution of the Treasurer and Com- pany, for a Council of State and General Assembly (July 24th, 1621) . HO 113 Commission to Sir Francis Wyatt, he. first Governor under the Ordinance and Constitution for a General Assembly (July 24th, 1 6il) - - - - 113 114 Instructions to Governor Wyatt (Jul v 24th, 1621) - 114 118 A % CONTENTS. Acts of Assembly of June, 1619 - of March, 1623-4 - from 1623-4 to 1629 of October, 1629 - of March, 1629-30 of February, ! 631-2 of September, 1632 of February, 1632-3 of August, 1633 - of January, 1 638-9 of 1642 .... of March, 1642 3 - of October, 1644 - of February, 1644-5 of November, 1645 of March, 1645 6 of October, 1646 ... of November, i U47 of October, 1648 - of October, 1649 - Articles at the surrender of the Country, he. For the surrendering Virginia to the subjection of the Parliament of the Commonwealth of England, 67c. Act of Indemnity at the surrender of the Country Acts of Assembly of April, 1652 - of July, 1053 of November, 1654 of March, 1654-5 - of March, 1655 6 - of December, 1656 of March, 1657-8 - of March, 1658 9 - of March, U5S9-60 - Index 119 120 121 1'8 129 136 137 144 147 152 152 177 178 202 202 209 209 224 224 230 230 238 238 282 282 283 288 298 298 309 309 321 322 3S8 389 352 352 357 358 363 363 36* 365 367 367 368 369 377. 377 385 386 393 404 414 393 403 414 428 429 505 505 o -~*y 526 ■ % 553 600 GOVERNORS «P VIRGINIA DURING THE PERIOD COMPRISED IN THIS VOLUME. KrThis MS. is now in th& library of Congress, at Washington. Sir Thomas [From a MS. belonging? to Thomas Jeferson, Presi- dent of the United States, and purchased by him from the Executor of Richard Bland, dec'd*] SIR Thomas Smith, Knt. was treasurer and Go- vernor of the Company during the first twelve year Smitht which ended the 18th of November, 1618.f Sir George Yeardley was Governor from the 18th Sir George of November, 1618, till the 18th of November, 1621. Yeardley. Sir Francis Wyatt was Governor to the Company Sir Francis from the 18th of November, 1621, till the 26th of Au- Wyatt gust. 22d. Jac. 1. And then the King granted him a commission to be Governor till some other course should be settled and resolved upon. But George Wyatt, Esq. father of the Governor dying in Ireland, the Governor got leave from the King, dated the 18th of Sept. in the same year, to go to Ireland to manage his affaires, and at the s-ame time sent a commission to Sir George Yeardley to be Governor in the absence of Sir Georg* Sir Francis, or in case of his death, to be chief Govern- * This list of governors is at the end of the volume, and is bro't. down to the year 1722, when Alexander Spotswood ceased to be go- vernor and was succeeded by Hugh Drysdale ; who dying in 1726, and Jennings the president of the council being suspended, Col. Ro- bert Carter took upon himself the administration of the government, as president of the council This manuscript appears to be in the hand-writing of R. Hickman, who, as clerk to the secretary's office ; has attested several of the public papers. t The administration of Sir Thomas Smith must be understood as confined to a presidency of the council and company in England, while the affairs of the colony were managed by one council resi- dent there. He was never actualry governor in Virginia — (see Bui k's hist. Virg. vol. I pa. 92 ) During the time that Sir Thomas Smith was Treasurer and president of the company in England, the follow- ing were the presidents of the council, and governors in Virginia i-i president of the council, Edward Maria Wingfield. 2d. John Radcliffe. 3d. John Smith. 4th George Percy. 1st Governor. Lord De la War 2d Sir Thomas Dale. 3d. Sir Thomas Gates. 4th Sfcr Thomas Dale 5th. r'ppt. George Yeardley. 6th. Capt. Argall. LIST OF GOVERNORS £apt Francis West. John Pott. Sir John Harvey . Capt. John West. Sir John Harvey. Sir Francis Wvatt. Sir William Berkeley. or. Sir George Yeardley by virtue of that commission on continued Governor till the 19th April, 1626, when a commission was granted him by King Charles the 1st to be chief Governor, in which post he continued as lonpc as he lived. And the day after he was buried, being the 14th November, 1627, and according to his majesties commission to the council for that purpose Capt. Francis West was elected Governor. Capt. Francis West continued Governor till the 5th March, 162S, and then (he being designed to go for England) John Pott, Esq. was elected Governor by the Council. John Pott, Esq. continued Governor till some time between October and March, 1629 : for on the 4th of March the Quarter Court ordered an assembly to be called to meet Sir John Harvey .on the 24th, and no- thing was done after 8br. in Pott's name that can be found. Sir John Harvey continued Governor till 1635, and the people being enraged at some mismanagements of his, petitioned for an Assembly to hear their complaints against hiin, and an Assembly was called accordingly. But before they met he agreed in Council to go to England to answer them and upon that, Capt. John West was elected Governor. How long John West governed is uncertain, but it ap- pears by a paper among the damnified records, that he was out the 3d Jan. 1636, and Harvey, Governor again. There is a pattent granted by Harvey 13th April, 1636. Harvey, after that continued Governor till Novem- ber, 1639, and then Sir Francis Wyatt came in with a commission to be Governor. Sir Francis Wyatt continued Governor till Februa- ry, 1641, and then came Sir William Berkley in Go- vernor. Sir William Berkley continued Governor till the lat- ter end of June, 1644. and then returned to England, whereupon the Council elected Richard Kempe, Esg- Governor, OF VIRGINIA. .-> Richard Kempe continued till Sir William returned back which was about the 16th of June, 1645. Sir William Berkley, after that continued Governor till the spring, 1652, and then Richard Bennett, Esq. was Governor. Richard Bennett continued till 1655, and then Ed- ward Digges, Esq. was made Governor. Digges continued till between February, 1656 and the April following, and then Samuel Mathews was made Governor. Samuel Mathews, Esq. continued till January, 1659 and died. And before 23d March next the Assembly elected* Sir William Berkeley Governor : for that day he sat in court. Richard K mpe. Sir William Berkeley. Richard Ben- nett. Edward Disfs.es. Samuel Mat thews. Sir William Berkeley. * This account of the election of Sir Win. Berkeley by the as- sembly, is entirely supported by the public records — See act II of March, 1659-60, page 530. The last four Governors, in this list, Bennett, Digges, Matthews and Berkeley were appointed by the assembly of Virginia, during the existence of the commonwealth of England, and not by the parliament or Cromwell, as erroneoush represented by Robertson and other historians — Sc*? note to page 526 mm OF THE CONVENTION OF VIRGINIA, INSTRUCTING THEIR REPRESENTATIVES IN CONGRESS TO PROPOSE & ©cclaratiou oC Kuticpewtreuce. [Unanimously agreed to, on Wednesday the 15th of May, 1776, one hundred and twelve members being present. See Journ. Conv. pa. 31.] FORASMUCH as all the endeavours of the United Colonies, by the most decent representations and petitions to the King and Parliament of Great Britain, to restore peace and security to America under the British government, and a re-union with that people upon just and liberal terms, instead of a redress of griev- ances, have produced, from an imperious and vindictive adminis- tration, increased insult, oppression, and a vigorous attempt to effect our total destruction. By a late act, all these Colonies are declared to be in rebellion, and out of the protection of the British crown, our properties subjected to confiscation, our people, when captivated, compelled to join in the murder and plunder of their relations and countrymen, and all former rapine and oppression of Americans declared legal and just Fleets and armies are raised, and the aid of foreign troops engaged to assist these destructive purposes. The King's representative in this colony hath not only withheld all the powers of government from operating for our safety, but having retired on board an armed ship, is carrying on a piratical and savage war against us, tempting our slaves, by every artifice to re- sort to him, and training and employing them against their masters. In this state of extreme danger, we have no alternative left but an abject submission to the will of those overbearing tyrants, or a total separation from the crown and government of Great Britain, uni- ting and exerting the strength of ail America for defence, and form- ing alliances with foreign powers for commerce and aid in war : Wherefore, appealing to the Searcher of Hearts for the sin- cerity of former declarations, expressing our desire to preserve the connexion with that nation, and that we are driven from that inclination by their wicked councils, and the eternal laws of self- preservation, 8 RESOLUTION, &c. Resolved unanimously, That the delegates appointed to represent this Colony in General Congress, be instructed to propose to that respectable body, to declare the United Colonies free and indepen- dent States, absolved from all allegiance to, or dependence upon the crown or parliament of Great Britain ; and that they give the assent of this Colony to such declaration, and to whatever mea- sures may be thought proper and necessary by the Congress for forming foreign alliances, and a confederation of the colonies, at such time, and in the manner, as to them shall seem best : Provided, that the power of forming government for, and the regulations, of lhe internal concerns of each colony, be left to the respective colo- nial legislatures. Resolved unanimously, That a committee be appointed to prepare i Declaration of Rights, and such a plan of government as will be most likely to maintain peace and order in this colony, and :ure substantial and equal liberty to the people. ©HS^ttaTCPiKIt© OF THE UNITED STATES, We the people of the United States, in order to form a more perfect Union, establish Justice, insure Domes- tic Tranquillity, provide for the Common Defence, promote the General Welfare, and secure the Bless- ings of Liberty to Ourselves and our Posterity, do ordain and establish this Constitution for the United States of AMERICA. ARTICLE I. Section I. ALL legislative po • ers herein granted shall be Of the legisla- vested in a CONGRESS of the United States, which tive pmve '' shall consist of a Senate and House of Representatives. Section II. The House of Representatives shall be composed °/ ^ " s ° e u n s . e of members chosen every second year, by the people tatives. of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. No person shall be a representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall he determined bv adding to the whole number of n 10 CONSTITUTION OP free persons, including those bound to service for a term of years, and excluding Indians not taxed, three- fifths of ail other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten }ears, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative ; and until such enumeration shall be made, the state of New- Hamp shire shall be entitled to choose three, Massachu- setts eight, Rhode-Island and Providence- Plantations one, Connecticut five, Mew-York six, JVezo- Jersey four. Pennsylvania eight, Delaware one, Maryland six, Vir- ginia ten, North-Carolina five, South-Carolina five, and Georgia three. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment. Section III. Of the Senate. The Senate of the United States shall be composed of two Senators from each state, chosen by the Legis- lature thereof, for six years ; and each Senator shall have one vote. Immediately after they shall be assembled in conse- quence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year ; and if vacancies happen by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meet- ing of the legislature, which shall then fill such vacan- cies. No person shall be a Senator M r ho shall not have at- tained to the age of thirty years, and been nine years a citizen of the United States, and who shall not when elected, be an inhabitant of that *m\i'. for which h« • \ j \. l • j u of the powers year 1S08, but a tax or duty may be imposed on such of congress. importation, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or in- vasion the public safety may require it. No bill of attainder, or ex post facto law shall be passed. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration herein be- fore directed to be taken. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regu- lation of commerce or revenue to the ports of one state over those of another ; nor shall vessels bound to or from one state, be obliged to enter, clear or pay duties in another. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and ex- penditures of all public money, shall be published from time to time. No title of nobility shall be granted by the United States : And no person holding any office of profit or trust under them, shall without the consent of the Con- gress, accept of any present, emolument, office or title of any kind whatever, from any king, prince or fo- reign state. Section X. No state shall enter into any treaty, alliance or con- Limitation of federation ; grant letters of marque and reprisal ; coin the powers of money; emit bills of credit ; make any thing but gold *he individual and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. Nostate shall, without the consent of the Congress,lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its in- spection laws : and the net produce of all duties and impost^. laid hv onv state on imports or exports, shall & CONSTITUTION OF The Executive power to be vested in a President. Manner of electing the President and Vice-Presi- dent. be for the use of the treasury of the United States ; and all such laws *>hall be subject to the revision and controul of the Congress. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually in- vaded, or in such imminent danger as will not admit of delay. ARTICLE II. Section I. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elect- ed as follows : Each state shall appoint in such manner as the Le- gislature thereof may direct, a number of electors, equal to the whole number of Senators and representatives to which the state may be entitled in the Congress; but no Senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. *[The electors shall meet in their respective states, and vote by ballot for two persons, ofwhom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the Presi- dent of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representa- tives, open all the certificates, and the votesshall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed ; and if there be more than one who have such majority,and have an equal number of votes, then the House of Representatives shall * In lieu of this paragraph, another has been adopted, as an amend • inent, by which the electors arc to distinguish in their votes, those given for President, from those ?iven for We-President. See the amendment, post N T o 14 THE UNITED STATES. 17 immediately choose, by ballot, one of them tor President and if no person have a majority, then from the five high- est on the list, the said House shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote: a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the Presi- dent, the person having the greatest_number of votes of the electors, shall be the Vice-President. But if tl> e should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the.Vice-Prt si- dent.] The Congress may determine the time of choosing die electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. No person, except a natural born citizen, or a citizen Vfhv cany of the United States, at the time of the adoption of thi '* Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the President from office, or *.• ••; ■•.* of of his death, resignation or inability to discharge th '" powers and duties of the said office, the same shall d< - { volve on the Vice-President, and the Congress may b< law provide for the case of removal, death, resignation o inability, both of the President and Vice-President, de- claring what officer shall then act as President, and such 'out, officer shall act accordingly, until the disability be re- ' M ' moved, or a President shall be elected. The President shall, at stated times, receive for his f'^si- services, a compensation, which shall neither be increas- cd nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Before he enter on the execution of his office, he shall His oath take the following oath or affirmation : " J do solemnly C i- IS CONSTITUTION OF swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." Section II. Powers The President shall be commander in chief of the army of thtpri and nav y of the United States, and of the militia of the sident. several states, when called into the actual service of the United States ; he may require the opinion in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and con- sent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein other- wise provided for, and which shall be established by law: But the Congress may, by law, vest the appointment of such inferior officers as they think proper, in the Presi- dent alone, in the courts of law, or in the heads of de- partments. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by grant- ing commissions, which shall expire at the end of their next session. Section III. He shall, from time to time, give to the Congress infor- mation of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient. He may, on extraordinary occasions, con- vene both Houses or either of them, and in case of dis- agreement between them, with respect to the time of ad- journment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and shall commission all the officers of the United States. THE "UNITED STATES 19 Section IV. How the The President, Vice-President, and all civil officers of President. the United Sates, shall be removed from office on im- ^officers peachment for, and conviction of treason, bribery, or may be re- other high crimes and misdemeanors. moved from office. ARTICLE III. Section I. The judicial power of the United States shall be vested Of theju- in one Supreme Court, and in such inferior courts, as the p|, c w a r Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall . Concern hold their offices during good behavior, and shall, at stat- ^^ ed times, receive for their services, a compensation, which shall not be diminished during their continuance in of- fice. Section II. The judicial power shall extend to all cases in law Extent o: and equity, arising under this constitution, the laws of the J udi - the United States, and treaties made, or which shall be made, under their authority; to all cases affecting am- bassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controver- sies between two or more states, between a state and citi- zens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citi- zens thereof, and foreign states, citizens or subjects. In all cases, affecting ambassadors, other public minis- Of the Mi- ters, and consuls, and those in which a state shall be a fpp a el j a " t e party, the Supreme Court shall have original jurisdiction, jmisdie- In all the other cases before mentioned, the Supreme Court tion of the shall have appellatejurisdiction, both as to law and fact, court™ with such exceptions, and under such regulations, as the congress shall make. The trial of all crimes, except in cases of impeachment, Of trials shall be by jury ; and such trial shall be held in the state forcnmes where the said crimes shall have been committed; but «yhen not committed within any state, the trial shall b*> at 2© CONSTITUTION OF Of trea- SOB Faith to fee given to public acts, &c. ef each state. -Privileges of citizens to extend thro' all the states. Fugitives from jus- tice to be delivered up. Persons Jield to service ov labor, to fcedeli- <• 'cd tip. New states 7»»\ ho. such place or places, as the Congress may by law have directed. Section III. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be con- victed of treason unless on the testimony of two witnesses, to the same overt act, or on confession in open court. The Congress shall have power to declare the punish- ment of treason ; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. Section I. Full faith and credit shall be given, in each state, to the public acts, records, and judicial proceedings of every other state. And the Congress may, by general laws, pre- scribe the manner in which such acts, records, and pro- ceedings shall be proved, and the effect thereof. 4 Section II. The citizens of each state shall be entitled to all pri- vileges and immunities of citizens in the several states. A person charged in any state with treason, felony or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be re- moved to the state having jurisdiction of the crime. No person, held to service or labor in one state under the laws thereof, escaping into another, shall in conse- quence of any law or regulation therein, be discharged from such service or labor •, but shall be delivered up on claim of the party to whom such service or labor may be due. Section III. New states may be admitted by the Congress into this union ; but no new state shall be formed or erected with- THE UNITED STATES. 21 iu the jurisdiction of any other state — nor any'state be admitted, formed by the junction of two or more states, or parts of states, without the consent of the Legislatures of the states concerned as well as of the Congress. The Congress shall have power to dispose of, and Disposal of make all needful rules and regulations respecting the ter- anToUm- xitory or other property belonging to the United States : — property And nothing in this constitution shall be so construed, as ^^^g 1 " to prejudice any claims of the United States, or of any particular state. Section IV. The United States shall guarantee to every state in this J^"*"^ union, a republican form of government ; and shall pro- tection of tect each of them against invasion, and on application of the states the Legislature, or of the executive (when the Legisla- t ^ ^ ture cannot be convened) against domestic violence. ARTICLE V. The Congress, whenever two-thirds of both Houses men a t ™* shall deem it necessary, shall propose amendments to this the consti- eonstitution, or on the application of the Legislatures of * ut »°n. two-thirds of the several states, shall call a convention for proposing amendments ; which, in either case, shall be valid to all intents and purposes, as part of this constitu- tion, whefljfetified by the Legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress j Provided, That no amend- ment, which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first ar- ticle ; and that no state, without its consent, shall be de-- prived of its equal suffrage in the Senate. ARTICLE VI. All debts contracted, and engagements entered into, deb™and before the adoption of this constitution, shall be as valid en^age- against the United States, under this constitution, as un- ment ? to j.i /• i remain var- der the confederation. lid This constitution, and the laws of the United States This cou which shall be made in pursuance thereof, and all trea- stmuicw, s$ CONSTITUTION O.V the laws ties made, or which shall be made, under the authority of fies of "the lne United States, shall be the supreme law of the land, V. S. to be and the judges, in every state, shall be bound thereby, the su- an y thing in the constitution or laws of any state to the oTXfiand. contrary notwithstanding. Oath to support the constitu- tion. There shall be no religious test The Senators and Representatives before mentioned, and the members of the several state Legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirm- ation, to support this constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution be- When this constitu- te effect, tween the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names. GEORGE WASHINGTON, President, And Deputy from Virginia. New-Hampshire. John Langdon, Nicholas Gilman. Massachusetts. Nathaniel Gorham. Rufus King. Connecticut. William Samuel Johnson, Roger Sherman. New- York. Alexander Hamilton. New-Jersey. William Livingston. David Brearly, William Paterson, Jonathan Day ton. Delaware. George Read, Gunning Bedford, jun, John Dickinson, Richard Basset, Jacob Broom. Maryland. James M Henry, Dan'l of St. Thos. Jenifer. Daniel Carroll. Virginia. John Blair, James Madison, jun. North-Carolina. Wil m Blount, Richard Dobbs Spaight, Hugh Williamson. THE UNITED STATES. £fl Pennsylvania. South- Carolina. Benjamin Franklin, John Rutledge. Thomas Mifflin, Charles C Pinckney, Robert Morris, Charles Pinckney, George Clymer, Pierce Butler. Thomas Fitzsimons, Georgia. Jared Ingersol, William Few, James Wilson, Abraham Baldwin. Governeur Morris. Attest, WILLIAM JACKSON, Secretary, IN CONVENTION, Monday, September 11th, 1787. Present — The states of New-Hampshire, Massachu- setts, Connecticut, Mr. Hamilton from New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Vir- ginia, North-Carolina, South-Carolina and Georgia. Resolved, THAT the preceding Constitution be laid before the United States in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each state by the people thereof, under the recommendation of its Legislature, for their assent and ratification; and that each convention, assenting to, and ratifying the same, should give notice thereof to the United States, in Con- gress assembled. Resolved, that it is the opinion of this Convention, that as soon as the Conventions of nine states shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the states which shall have ratified the same, and a d;iy on which the electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution : That after such I 24 CONSTITUTION OF publication the electors should be appointed, and the Se- nators and Representatives elected : That the electors should meet on the da> fixed for the election of the Presi- dent, and should transmit their votes, certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States, in Congress assembled; that the Senators and Representatives should convene at the time and place assigned ; that the Senators should ap- point a President of the Senate, for the sole purpose of re- ceiving, opening and counting the votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without delay, proceed to ex- ecute this Constitution. 4 By the unanimous order of the Convention; GEORGE WASHINGTON, President W. Jackson, Secretary. IN CONVENTION, September 17th, 1781 Sir, WE have now the honor to submit to the considera- tion of the United States in Congress assembled, that Constitution which has appeared to us the most ad vise- able. The friends of our country have long seen and desired, that the power of making war, peace and treaties, that of levying money, and regulating commerce, and the corres- pondent executive and judicial authorities, should be ful- ly and effectually vested in the general government of the Union : But the impropriety of delegating such exten- sive trust to one body of men, is evident — Hence results the necessity of a different organization. It is obviously impracticable in the federal government of these states, to secure all rights of independent sove- reignty to each, and yet provide for the interest and safe- ty of all — Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and cir- cumstance, as on the object to be obtained. It is at all THE UNITED STATES. 25 nines difficult to draw with precision the line between those rights which must be surrendered, and those which may be reserved ; and on the present occasion this diffi- culty was increased by a difference among the several states as to their situation, extent, habits, and particular interests. In all our deliberations on this subject, we kept stea- dily in our view, that which appears to us the greatest in- terest of every true American, the consolidation of our union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important conside- ration, seriously and deeply impressed in our minds, led each state in the Convention to be less rigid on points of inferior magnitude, than might have been otherwise expected j and thus the Constitution, which we now pre- it, is the result of a spirit of amity, and of that, mutual deference and concession which the peculiarity of our po- litical situation rendered indispensable. That it will meet the full and entire approbation of eve- ry state, is not, perhaps to be expected ; but each will doubtless consider, that had her interest been alone con- sulted, the consequences might haVe been particularly disagreeable or injurious to others : that it is liable to as few exceptions as could reasonably have been expected; we hope and believe ; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. With gjreat respect, we have the honor to be, Sir, your ex- cellency's most obedient and humble servants, GEO. WASHINGTON, President. By unanimous order of the Convention. His Excellency the Pre- \ rident of Cnnarcss. S D 26 CONSTITUTION OF THE UNITED STATES IN CONGRESS ASSEMBLED. Friday, September 28th, 1787. Present — New-Hampshire, Massachusetts, Connecticut, New- York, New- Jersey, Pennsylvania, Delaware, Vir- ginia, North-Carolina, South-Carolina and Georgia, and from Maryland, Mr. Ross. Congress having received the report of the Convention lately assembled in Philadelphia. Resolved unanimously, THAT the said report, with the resolutions and letter accompanying the same, be transmitted to the several le- gislatures, in order to be submitted to a convention of Delegates, chosen in each state by the people thereof, in conformity to the resolves of the Convention, made and provided in that case. CHARLES THOMSON, Secretary. CONGRESS OF THE UNITED STATES, Begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty-nine. The Conventions of a number of States, having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clau- ses should be added : And, as extending the ground of public confidence in the government, will best insure the beneficent ends of its institution : RESOLVED by the Senate and House of Repre- sentatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, That the following articles be proposed to the Legislatures of thf THE UNITED STATES. 2' several States, as amendments to the Constitution of the United States, all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said constitution ; viz : Articles in addition to, and amendment of, the Constitu- tion of the United States of America, proposed by Con- gress, and ratified by the Legislatures of the several States, pursuant to the fifth article of the original Con- stitution. ARTICLE I. AFTER the first enumeration required by the first ai- oi repre- ticle of the Constitution, there shall be one representa- <>ntatl0n - tive for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less [Notadop- than one hundred representatives, nor less than one constitu- representative for every forty thousand persons, until tionai the number of representatives shall amount to two nun- n«i»ber of dred ; after which the proportion shall be so regulated by Congress, that there shall be not less than two hundred representatives, nor more than one representative for eve- ry fifty thousand persons. ARTICLE II. t 0f the No law varying the compensation for the services o 1 compensa- the Senators and Representatives, shall take effect, miti* tl °" °J , -. r . iiii • members an election of representatives shall have intervened. f Con . rress. ARTICLE III. [Not a- doptecl.j Of reli- gious os- Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof; tabli ments, freedom or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to pe- ^ '\"™' tition the government for a redress of grievances. press, &c. [This and ARTir'T V IV thcreniain- AlillUL.lL. IV. ing articles adopted.] A well regulated militia being necessary to the security Of the Mi of a free state, the right of the people to keep and bear |" , l 1 e ' ar ' sl " arms shall not be infringed. arm* 2S CONSTITUTION OF Quartering soldiers. JSo m>'. c;t sonab'le searches or seizures to be made. How war- rants to Criminal prosecu- tions, tiovv f o be con- ducted, &.C Private property not to be taken for public use, with- out' just compensa- tion. ARTICLE V. No soldier shall in time of peace be quartered in any house, without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. ARTICLE VL The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affir- mation, and particularly describing the place to be search- ed, and the persons or things to be seized. ARTICLE VII. No person shall be held to answer for a capital or other" wise infamous crime, unless on a presentment or indict- ment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public clanger ; nor shall any person be subject for the same offeuce to be twice put in jeopardy of life or limb ; nor shall be compelled, in any criminal case, to be witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensatioi ARTICLE VIII. ■witnes ses — conhse] Trial by In all criminal prosecutions the accused shall enjoy the minViVo- r *S nt to a s P ee0 "y a,, d public trial, by an impartial jury of secution the state and district wherein the crime shall have been secured,-- committed, which district shall have been previously as- certamed by law, and to be informed of the nature and cause of the accusation ; to be confronted with the wit- nesses against him ; to have compulsory process for ob- taining witnesses in his favor, and to have the assistance of counsel for his defence. ARTICLE IX. Also in ci- In suits at common law, where the value in controver- vii case, at sv 9 hall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. i.'Cinunon law THE UNITED STATES. 29 ARTICLE X. Excessive bail shall not be required, nor excessive fines oft |aii, i 11 i*i • J' j punish- lmpos^d, nor cruel and unusual punishments inflicted. ments &c. ARTICLE XL The enumeration in the Constitution, of certain rights, ? i . ght ? *' e * . taineri by shall not be construed to deny or disparage others retain- t h e P eo- ed by the people. p'e- ARTICLE XII. Powers The powers not delegated to the United States by the ™ s t e h ™ ed Constitution, nor prohibited by it to the states, are re- states or • ed to the states respectively, or to the people. the people, ARTICLE XIII. THIRD CONGRESS OF THE UNITED STATES, .'It the second session, begun and held at the city of Phila- delphia, in the state of Pennsylvania, on Monday the ond of December, 1793. RESOLVED by the Senate and House of Represen- tatives of the United States of America, in Congress assembled, tivo thirds of both Houses concurring, That the following article be proposed to the legislatures of the severall states, as an amendment to the Constitution of the United States ; which when.ratified by three-fourths of the said legislatures, shall be valid as part of the saidCon- stiution, viz : The judicial power of the United States shall not be oftiiesr.. construed to extend to any suit in law or equity, com- ability of menced or prosecuted against one of the United Sates by citizens of another state, or by citizens or subjects of any foreign state. ' FREDERICK AUGUSTUS MUHLENBERG. Speaker of the House of Representatives. JOHN ADAMS, Vice President of the United States, and President of the Senate. \'rest, JOHN BECKLEY, Clerk of the House of Representatives. SAW. A. OTIS, ^prrt-tary of the Senate, states . 90 CONSTITUTION OF ARTICLE XIV. AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES. As ratified by the constitutional number of the legislatures of the several slates, in the year one thousand eight hundred and four. EIGHTH CONGRESS OF THE UNITED STATES, .It the first session, begun and held at the city of Washing- ton, in the territory of Columbia, on Monday, the seven- teenth of October, one thousand eight hundred and three. RESOLVED by the Senate and House of Representa- tives of the United States of America, in Congress assem- bled, two thirds of both Houses concurring, That in lieu of the third paragraph of the first section of the second article of the constitution of the United States, the fol- lowing be proposed as an amendment to the constitution of the United States, which when ratified by three fourths of the legislatures of the several states, shall be valid to all intents and purposes, as part of the said con- stitution, to wit : Manner of The electors shall meet in their respective states, and electing vote by ballot for President and Vice President, one of TnTvicc- wnom » at least, shall not be an inhabitant of the same state President, with themselves ; they shall name in their ballots the per- son voted for as President, and in distinct ballots the per- son voted for as Vice-President, and they shall make dis- tinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate ; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted ; The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole num- ber of electors appointed; and if no person have such ma- jority, then from the persons having the highest number, not exceeding three on the list of those voted for as Pre- THE UNITED STATES. 3) sident, the House of Represensatives shall choose imme- diately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the represen- tation fi om each state having one vote ; a quorum for this purpose shall consist of a member or members from two- thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Repre- sentatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other con- stitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice President, if such num- ber be a majority of the whole number of electors appoint- ed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.* Attest, JOHN BECKLEY, Clerk to the House of Representa- tives of the U. States* SAM : A. OTIS, Secretary to the Senate of the United States. For Laws of Congress relative to the election of President and Vi. i -President, see Acts of 1st Session of 2d Congress, vol. 2, pa. 22- and Acts of 1st Session of 8th Congress, vol. 7, pa. 142. 33 DECLARATION OF INDEPENDENCE. In CONGRESS, July 4, 1776. WHEN in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the seperate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self evident; that all men are created equal; that they are endowed, by their Cre- ator, with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. — That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that whenever any form of government be- comes destructive of these ends, it is the right of the peo- ple to alter or to abolish it, and to institute new govern- ment, laying its foundation on such principles, and organ- ising its powers in such form, as to them shall seem most likely to effect their safety and happiness. Pru- dence, indeed, will dictate, that governments long es- tablished, should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under ab- solute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies ; and such is now the necessity which con- strains them to alter their former systems of government. The history of the present King of Great-Britain, is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immev DECLARATION OF INDEPENDENCE. 38 diate and pressing importance, unless suspended in then- operation till his assent should be obtained ; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommoda- tion of large districts of people, unless those people would relinquish the right of representation in the legis- lature ; a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguiug them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing with manly firmness, his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected ; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise ; the state remaining, in the mean time, exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these states ; for that purpose obstructing the laws for naturali- zation of foreigners ; refusing to pass others to encour- age their migrations hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by re- fusing his assent to laws for establishing judiciary pow- ers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hi- ther swarms of officers, to harrass our people and eat out their substance. He has kept among us, in times of peace, standing ar- mies, without the consent of our legislatures. He has affected to render the military independent oi. and superior to the civil power. E / 34 DECLARATION OF INDEPENDENCE. He has combined with others to subject us to a juris- diction foreign to our constitution, and unacknowledged by our laws ; giving his assent to their acts of pretended legislation : For quartering large bodies of armed troops among us : For protecting them, by a mock trial, from punish- ment for any murders which they should commit on the inhabitants of these states : For cutting off our trade with all parts of the world : For imposing taxes on us without our consent : For depriving us, in many cases, of the benefits of the trial by jury : For transporting us beyond seas to be tried for pre- tended offences : For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to ren- der it at once an example and fit instrument for introduc- ing the same absolute rule into these colonies : For taking away our charters, abolishing our most va- luable laws, and altering fundamentally the forms of our governments : For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all rases whatsoever. He has abdicated government here, by declaring us out of his protection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is, at this time, transporting large armies of foreign mercenaries to complete the works ol death, desolation, and tyranny already begun with circumstances of cruel- ty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized na- tion. DECLARATION OF INDEPENDENCE. 35 He lias constrained our fellow citizens, taken captive on the high seas, to bear arms against heir country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrection amongst us, and has endeavored tobringonthe inhabitantsof ourfrontiers, the merciless Indian savages, whose known rule of war- fare is an undistinguished destruction of all ages; sexes and conditions. In every stage of these oppressions, we have petitioned for redress in the most humble terms : Our repeated pe- titions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free peo- ple. Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarranta- ble jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. — We have appealed to their native justice and magnanimi- ty, and we have conjured them by the ties of our common kindred, to disavow these usurpations, which would ine- vitably interrupt our connexions and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the ne- cessity which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends. We, therefore, the representatives of the United States of America, in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by authority of the good people of these colonies, solemnly publish and de- clare, That these United Colonies arc, and of right ought to be, Free and Independent States; that they arc absolved from all allegiance to the British Crown, am! that all political connexion between them and the state of Great-Britain, is, and ought to be, totally dissolved ; and that as Free and Independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which Independent States may of right do. And for the &> DECLARATION OF INDEPENDENCE. support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our sacred ho- nor. Signed by order and in behalf of the Congress, JOHN HANCOCK, President. Attested, CHARLES THOMSON, Secretary. New -Hampshire. Josiah Bartlett, William Whipple, Matthew Thornton. Massachusetts-Bay. Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry. Rhode-Island, fyc. Stephen Hopkins, William Ellery. Connecticut. Roger Sherman. Samuel Huntington, William Williams, Oliver Wolcott. New- York. William Floyd, Philip Livingston, Francis Lewis, Lewis Morris. New-Jersey. Richard Stockton, John Witherspoon, Francis Hopkinson. John Hart, Abraham Clark. Pennsylvania. Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, G?or;ie Clvmer. James Smith, George Taylor, James Wilson, George Ross. Delaware. Caesar Rodney, Thomas M'Kean ; George Read. Maryland. Samuel Chase, William Paca, Thomas Stone, [ton. Charles Carroll, of Carroll- Virginia. George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, jun. Francis Lightfoot Lee, Carter Braxton. North- Carolina. William Hooper, Joseph Hewes, John Perm. South-Carolina. Edward Rutledge, Thomas Heyward, Jun. Thomas Lynch, Jun. Arthur Middleton. Georgia. Button Gwinnett, Lyman Hall, George Walton. ARTICLES OF CONFEDERATION. 37 In CONGRESS, July 9, 1778. OF CONFEDERATION AND PERPETUAL UNION BETWEEN The States of Mew- Hampshire, Massachusetts- Bay, Rhode Island and Providence Plantations, Connecticut, Mew- York, Mew-Jersey, Pennsylvania, Delaware, Maryland, Virginia, Morth- Carolina, South Carolina and Georgia. ARTICLE I. THE stile of this confederacy shall be, " The United States of America." ARTICLE II. Each state retains its sovereignty, freedom, and inde- pendence, and every powerjurisdiction, and right, which is not by this confederation expressly delegated to the United States in Congress assembled. ARTICLE III. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and gene- ral welfare^ binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. ARTICLE IV. ■JW Sec. 1. The better to secure and perpetuate mutual friend- ship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from justice ex- cepted, shall be entitled to all privileges and immuni- ties of free citizens in the several states ; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the pri- vileges of trade and commerce, subject to the same du- 3S ARTICLES OF CONFEDERATION. ties, impositions, and restrictions, as the inhabitants there- of respectively; provided, that such restrictions shall not extend so far as to prevent the removal of property im- ported into any state to any other state of which the own- er is an inhabitant ; provided also, that no impositions, duties, or restrictions, shall be laid by any state on the property of the United States, or either of them. Sec. 2. If any person guilty of or charged with treason, felonv, or other high misdemeanor in any state, shall flee from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the state from which he fled, be delivered up and re- moved to the state having jurisdiction of his offence. Sec. 3. Full faith and credit shall be given in each ot these states, to the records, acts, and judicial proceedings of the courts and magistrates of every other state. ARTICLE V. Sec. 1. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the Legislature ot* each state shall direct, to meet in congress on the first Monday in November in every year, with a power reserv- ed to each stale to recall its delegates, or any of them, at any time within the year and to send others in their stead, for the remainder of the year. Sec. % No state shall be represented in Congress by less than two, nor more than seven members ; and no per- son shall be capable of being a delegate for more than three years, in any term of six years ; nor shall any per- son, being a delegate, be capable of holding any office under the United States, for which he, or any other for his benefit, receives any salary, fees, or emolument, of any kind. Sec. 3. Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states. Sec. 4. In determining questious in the United States in Congress assembled, each state shall have one vote. Sec. 5. Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place ARTICLES OF CONFEDERATION. 39 out of Congress, and the members of Congress shall be protected in their persons from arrests and imprisonments during the time of their going to and from, and attendance on Congress, except for treason, felony, or breach of the peace. ARTICLE VI. Sec. 1. No state, without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any confer- ence, agreement, alliance, or treaty, with any king, prince, or State ; nor shall any person holding any office of pro- fit or trust under the United States, or any of them, ac- cept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state: nor shall the United States in Congress assembled, or any of them, grant any title of nobility. Sec. 2. No two or more states shall enter into any trea- ty, confederation, or alliance whatever between them, without the consent of the United States in Congress as- sembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. Sec. 3. No state shall lay any imposts or duties which ma}' interfere with any stipulations in treaties entered in- to by the United States in Congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by Congress to the courts of France and Spain. Sec. 4. No vessels of war shall be kept upin time of peace by any state, except such number only as shall be deemed necessary by the United States in Congress assembled for the defence of such state, or its trade ; nor shall any body of forces be kept up by any slate, in time of peace, ex- cept such number only as in the judgment of the United States in Congress assembled shall be deemed requisite to garrison the forts necessary for the defence of such state ; but every state shall always keep up a well regula- ted and disciplined militia, sufficiently armed and accou- tred, and shall provide and constantly have ready for use, in public stores, a due number of field- pieces and tents, and a proper quantity of arms, ammunition, and camp equipage. Sec. 5. No stale shall engage in any war withouttheeon- ent of the United States in Congress assembled, unless 40 ARTICLES OF CONFEDERATION. such state be actually invaded bv enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the dan- ger is so imminent as not to admit of a delay till the United States in Congress assembled can be consulted: nor shall any state grant commissions to any ships or ves- sels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Con- gress assembled, and then only against the kingdom or state and the subjects thereof against which war has been so declared, and under such regulations as shall be es- tablished by the United States in Congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine other- wise. ARTICLE VII. When land forces are raised by any state for the com- mon defence, all officers of or under the rank of colonel shall be appointed by the legislature of each state respec- tively by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the state which first made the appoint- ment, ARTICLE VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the buildings and improve- ments thereon shall be estimated, according to such mode as the United States in Congress assembled shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states with- in the time agreed upon by the United States in Con- gress assembled. \RTICLES OF CONFEDERATION 41 ARTICLE IX. Sec. I. The United States in Congress assembled shall have the sole and exclusive right and power of determin- ing on peace and war, except in the cases mentioned in the sixth article; of sending and receiving ambassadors; en- tering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative pow- er of the respective states shall be restrained from impos- ing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exporta- tion or importation of any species of goods or commo- dities whatsoever; of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or ap- propriated ; of granting letters of marquje and reprisal in times of peace; appointing courts for the trial of piracies and felonies committed on the high seas ; and establish- ing courts for receiving and determining finally appeals in all cases of captures: provided, that no member of Con- gress shall be appointed a judge of any of the said courts. Sec. 2. The United States in Congress assembled shall also be the last resort on appeal in all disputes and dif- ferences now subsisting, or that hereafter may arise be- tween two or more states concerning boundary, jurisdic- tion, or any other cause whatever ; which authority shall always be exercised in the manner following: Whenever the legislative or executive authority or lawful agent of any state in controversy with another, shall present a petition, to Congress, stating the matter in question, and praying for a heating, notice thereof shall be given by order of Congress to the legislative or executive authority of the other state in controversy, and a day assigned for the ap- pearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent commission- ers or judges to constitute a court for hearing and deter- mining the matter in question; but if they cannot agree, Congress shall name three persons out of each of the Unit- ed States, and from the list of such persons each party shall alternately strikeout one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names as Congress shall direct, shall in the presence of Con- iro^ he drawn out by lot; and the poisons whose names E 42 ARTICLES OF CONFEDERATION. shall be so drawn, or any live of them, shall be commis- sioners or judges, to hear and finally determine the con- troversy, so always as that a major part of the judges, who shall hear the cause, shall agree in the determination : and if either party shall neglect to attend at the day ap- pointed, without shewing reasons which Congress shall judge sufficient, or being present, shall refuse to strike, the Congress shall proceed to nominate three persons out of each state, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judg- ment and sentence of the court to be appointed in the manner before prescribed, shall be final and conclusive ; and if any of the parties shall refuse to submit to the au- thority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pro- nounce sentence, or judgment, which shall in like man- ner be final and decisive; the judgment or sentence and other proceedings being in either case transmitted to Con- gress, and lodged among the acts of Congress, for the security of the parties concerned : Provided, that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the su- preme or superior court of the state where the cause shall be tried, "well and truly to hear and determine the mat- ter in question, according to the best of his judgment, without favor, affection, or hope of reward :'' Provided also. That no state shall be deprived of territory for the benefit of the United States. tiec. 3. All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescrib- ed for deciding disputes respecting territorial jurisdiction between different states. Sec. 4. The United States in Congress assembled shall also have the sole and exclusive right and power of regu- lating the alloy and value of coin, struck by their own au- thority, or by that of the respective states; fixing the stan- dard of weights and measv"-e« throughout the United ARTICLES OF CONFEDERATION. 43 States ; regulating the trade and managing all affairs with the Indians, not members of any of the states ; provided, that the legislative right of any state within its own limits be not infringed or violated ; establishing and regulating post offices from one state to another, throughout all the United States, and exacting such postage on the papers passing through the same, as may be requisite to defray the expenses of the said office ; appointing all officers of the land forces in the service of the United States, except- ing regimental officers ; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States ; making rules for the government and regulation of the said land and naval forces, and directing their operations. See, 5. The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated, A committee of the States, and to consist of one delegate from each state ; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction ; to appoint one of their num- ber to preside ; provided, That no person be allowed to serve in the office of President more than one year in any term of three years ; to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses ; to borrow money or emit bills on the credit of the United States, transmitting every half year to the respective states an account of the sums of money o borrowed or emitted j to build and equip a navy ; to agree upon the number of land forces, and to make requi- iiions from each state for its quota, in proportion to the number of white inhabitants in such state, which requisi- tion shall be binding ; and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm and equip them in a soldier-like manner, at the expense of the United States ; and the of- ficers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled : but if the United Stales in Congress assembled shall, on consi- deration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise agreat - er number of men than the quota thereof, such extra num 44 ARTICLES OF CONFEDERATION. bet shall be raised, officered, clothed, armed and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra num- ber cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared ; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. Sec. 6. The United States in Congress assembled shall never engage in a war, nor grant letters of marque and re- prisal in time of peace, nor enter into any treaties or al- liances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the de- fence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor ap- pointacommanderin chief of the army or navy, unless nine states assent to the same : Nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the Unit- ed States in Congress assembled. Sec. 7. The Congress of the United Stales shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of ad- journment be for a longer duration than the space of six • months, and shall publish the journal of their proceed- ings monthly, except such parts thereof relating to trea- ties, alliances, or military operations, as in their judg- ment require secrecy ; and the yeas and nays of the de- legates of each state, on any question shall be entered on the journal, when it is desired by any delegate ; and the delegates of a state, or any of them, at his or their request shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several states, ARTICLE X. The committee of the states, or any nine of them, s>hall be authorised to execute, in the recess of Con- gress, t-noh of (-he powers of Congress ;;•= the United ARTICLES OF CONFEDERATION. 4£ States in Congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with; provided, that no power be delegated to the said committee, for the exercise of which, by the arti- cles of confederation, the voice of nine states, in the Congress of the United States assembled, is requisite. ARTICLE XI. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this union: But no other colony shall be admitted into the same, unless such admission be agreed to by nine states. ARTICLE XII. All bills of credit emitted, monies borrowed, and debte contracted by, or under the authority of Congress, be- fore the assembling of the United States, in pursuance of the present confederation, shall be deemed and consider- ed as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged. ARTICLE XIII. Every state shall abide by the determinations of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the articles of this confederation shall be inviolably ob- ser\ed by every state, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them ; unless such alteration be agreed to in a Congress of the United States, and be afterwards con- firmed by the legislatures of every state. And Whereas it hath pleased the great Governor of the World to incline the hearts of the legislatures we re- spectively represent in Congress, to approve of, and to authorise us to ratify the said articles of confedera- tion and perpetual union : Know ye, that we the un- dersigned delegates, by virtue of the power and au- thority to us given for that purpose, do by these pre- sents, in the name and in behalf of our respective con- stituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union and all and singular the matters and 46 ARTICLES OF CONFEDERATION. things therein contained. And we do further so- mly plight and engage the faith of our respective constituents, that they shall abide by the determi- nations of the United States in Congress assembled, in all questions which by the said confederation are sub- mitted to them; and that the articles thereof shall be inviolably observed by the states we respectively repre- sent ; and that the union shall be perpetual. In witness whereof, we have hereunto set our hands in Congress. DONE at Philadelphia in the state of Pennsylvania, the 9fh day of July, in the year of our Lord, 1778, and in the third year of the Independence of America. 2 3 Mew Hampshire. Josiah Bartlett, John Wentworth, jun. Massachusetts Bay. 'John Hancock, •iarriuel Adams, Ei bridge Gerry, Francis Dana, James Lovell, Samuel Holton. Rhode-Island, fyc. C William Ellery, < Henry Merchant, ( John Collins. Connecticut. /"Roger Sherman, J Samuel Huntington, 4 <( Oliver Wolcott, I Titus Hosrner, \r Ircrw Adams. New-York. ( James Duane, J Francis Lewis, "\ William Duer, l^Govemeur M orris. 6 New -Jersey. John Wiiherspoon. Nathaniel Scudder, Pennsylvania. ^Robert Morris, j Daniel Roberdeau, 7 ^ Jona : Bayard Smith, | William Clingan, \ Joseph Read. Delaware. i Thomas M'Kean. 8 < John Dickinson, ( Nicholas Vandyke. Maryland, C John Hanson, \ Daniel Carroll. Virginia. f Richard Henry Lee, j John Banister, 1(W Thomas Adams, i John Harvie, ^Francis LightfootLee. North-Carolina. CJohn Penn, 11 < Cornelius Harnett, (John Williams. South Carolina. Henry Laurens, William H. Drayton, 12<^ John Mathews, " Richard Hutson, ^Thorns 13 mas Hey ward, jr. Georgia. John Walton, ard Telfair, ward Langworthy. C Johr <| Edw f Edw ARTICLES OF CONFEDERATION. 47 The aforesaid Articles of Confederation were finaliy ratified on the first day of March, 1781 ; the state of Ma- ryland having, by their Members in Congress, on that day acceded thereto, and completed the same, pii^AiBimMi m mm'RT^ At a General Convention of Delegates and Repre- sentatives from the several Counties and Corporations if Virginia, held at the Capitol, in the City of Wn.- liamsburgh, on Monday, the 6lh o/'May, 1776. A Declaration of Rights, made by the Representatives of the Good people of Virginia, assembled in Jull and free Convention / which rights do pertain to them, and t/ieir posterity as the. basis and foundation of Government. [Agreed to nem con. June 12th, 1776. — See Journ. Conv. page 100] I. THAT all men are by nature equally free and m- Inherent dependent, and have certain inherent rights, of„ which, ri S° ts when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity ; namely, the enjoyment of life and liberty, with the means of ac- quiring and possessing property, and pursuing and ob- taining happiness and safety. II. That all power is vested in, and consequently de- Power oi' rived from, the people; that Magistrates are their trus- tl J e P eo * tees and servants, and at all times amenable to them. III. That government is, or ought to be, instituted Of the ob- for the common benefit, protection and security of the iemmeni' people, nation or community. Of all the various modes and forms of government, that is best, which is capable ^ ll ^ t ** of producing the greatest degree of happiness and safety, (otm and is most effectually secured against the danger of mal- administration ; and that when any government shall bo found inadequate or contrary to these purposes, a majo- rity of the community hath an indubitable, unalienable, arid indefeasible right to reform, alter, or abolish it. in 4S DECLARATION OF RIGHTS. Of Exclu- sive privi- 'eg-es. Powers of the go- vernment to be sepa- rate and distinct. Frequent elections. Qualifica- tions of electors. Security of proper- ty. Of sus- pending laws. Criminal prosecu- tionF. Bail, fines &i punish- ments. such manner as shall be judged most conducive to the public weal. IV. That no man, or set of men, are entitled to ex- clusive or separate emoluments or privileges from the com- munity, but in consideration of public services ; which not being descendible, neither ought the offices of Ma- gistrate, Legislator, or Judge, to be hereditary. V. That the Legislative and Executive powers of the state should be separate and distinct from the Judi- ciary ; and that the members of the two first may be res- trained from oppression, by feeling and participating the burthens of the people, they should at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain and regular elections, in which all, or au\ part of the former members, to be again eligible or ineligible, as the laws shall direct. VI. That elections of members to serve as represen- tatives of the people, in Assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the communi- ty, have the right of suffrage, and cannot be taxed or de- prived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good. VII. That all power of suspending laws, or the exe- cution of laws, by any authority without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised. VIII. That in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and wit- nesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land, or the judgment of his peers. IX. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punish- ments inflicM. DECLARATION OF RIGHTS. 4U X. That general warrants whereby an officer or mes- Of general sender may be commanded to search suspected places warran,s - without evidence of a fact committed, or to seize any per- son or persons not named, or whose offence is not parti- cularly described and supported by evidence, are grievous and oppressive and ought not to be granted. XI. That in controversies respecting property, and in Trial by suits between man and man, the ancient trial by jury is Jury preferable to any other, and ought to be held sacred. XII. That the freedom of the press is one of the great freedom bulwarks of liberty, and can never be restrained but by despotic governments. XIII That a well regulated militia, composed of the Of the mi- body of the people, trained to arms, is the proper, natural litia aud and safe defence of a free state ; that standing armies, in time of peace, should be avoided, as dangerous to liber- ty ; and that in all cases, the military should be under strict subordination to, and governed by, the civil power. XIV. That the people have a right to uniform govern- Uniform ment ; and therefore that no government separate from, govern or independent of, the government of Virginia, ought to be erected or established within the limits thereof. of the press. ment. XV. That no free government, or the blessing of li- Funda- berty, can be preserved to any people but by a firm adhe- mental rence to justice, moderation, temperance, frugality, and P rinci P e '" virtue, and by frequent recurrence to fundamental prin- ciples. XVI. That religion, or the duty which we owe to our Reunion. Creator, and the manner of discharging it, can be direct- ed only by reason and conviction, not by force or violence, and therefore all men are equally entitled to the free ex- ercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity, towards each other. G 50 CONSTITUTION OF VIRGINIA. The Constitution or Form of Government, agreed to and resolved upon by the Delegates and Representatives of the several Counties and Corporations of Virginia. [Unanimously adopted, June 29th, 1776. — See Journal Conv. page 167.] Preamble. Enumera- ting- in- stances of roya! mis- .' nile I. WHEREAS George the third, King of Great Bri- tain and Ireland, and Elector of Hanover, heretofore entrusted with the exercise of the kingly office in this government, bath endeavoured to pervert the same into a detestable and insupportable tyranny, by putting his negative on laws the most wholesome and necessary for the public good : by denying his Governors permission to pass laws of immediate and pressing importance, unless suspended in their operation for his assent, and, when so suspended, neglecting to attend to them for many years : By refusing to pass certain other laws, unless the persons ro be benefited by them would relinquish the inestimable right of representation in the Legislature : By dissolving Legislative Assemblies repeatedly and continually, for opposing with manly firmness his invasions of the rights of the people : When dissolved, by refusing to call others for a long space of time, thereby leaving the political sys- tem without any Legislative head : By endeavoring to prevent the population of our country, and, for that pur- pose, obstructing the laws for the naturalization of for- eigners : By keeping among us in time of peace, standing armies and ships of war : By affecting to render the mi- litary independent of, and superior to, the civil power : By combining with others to subject us to a foreign juris- diction, giving his assent to their pretended acts of Le- gislation : For quartering large bodies of armed troops among us : For cutting off our trade with all parts of the world : For imposing taxes on us without our consent : For depriving us of the benefits of the trial by jury : For transporting us beyond seas, to be tried for pretended of- s fences : For suspending our own Legislatures, and de- claring themselves invested with power to legislate for us in all cases whatsoever : B3' plundering our seas, ravag- ing our coasts, burning our towns, and destroying the lives of our people : By inciting insurrections of our fellow subjects, with the allurements of forfeiture and confisca- tion : By prompting our negroes to rise in arms among ns. those very negroes, w*hom. by :i n inhuman u=p of hi* CONSTITUTION" OF VIRGINIA. 51 negative, he hath refused us permission to exclude by law: By endeavoring to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rub of warfare is an undistinguished destruction of all ages, sexes, and conditions of existence : By transporting at this time, a large army of foreign mercenaries, to complete; the works of death, desolation, and tyranny, already be- gun with circumstances of cruelty and perfidy unworthy the head of a civilized nation : By answering our repeat- ed petitions for redress with a repetition of injuries; And finally, by abandoning the helm of government, and de- claring us out of his allegiance and protection. By which Formei several acts of misrule, the government of this country, as , 1ient ^ lS formerly exercised under the crown of Great Britain, is solved, totally dissolved. ,11. We therefore, the Delegates and Representatives ^ IM j th . e ), °* the good people of Virginia, having maturely consider- ed the premises, and viewing with great concern the de- plorable condition to which this once happy country must be reduced, unless some regular, adequate mode of civil polity is speedily adopted, and in compliance with a re- commendation of the General Congress, do ordain and declare the future form of government of Virginia to be as followeth : III. The Legislative, Executive, and Judiciary de- Legrisla- partments, shall be separate and distinct, so that neither tivl Exe- exercise the powers properly belonging to the other ; nor cutive, &., shall any person exercise the powers of more than one of Judiciary them at the same time, except that the Justices of the tvith'an ' county courts shall be eligible to either House of Assem- exception, bly. IV. The Legislative shall be formed of two distinct Legisla- branches, who, together, shall be a complete Legislature, tl ve either forever disabled to hold any office under government, or removed from such officepro tempore, or subjected to such paius or penalties as the law shall di- rect. XVII. If all, or any of the Judges of the General Court, shall, on good grounds (to be judged of by the House of Delegates) be accused of any of the crimes or offences beforementioned, such House of Delegates may, in like manner, impeach the Judge or Judges so accused, to be prosecuted in the Court of Appeals ; and lie or they, if found guilty, shall be punished in the same manner as is prescribed in the preceding clause. XVIII. Commissions and grants shall run In the name of the Commonwealth of Virginia, and bear teste by ihc Governor, with the seal of the Commonwealth an- nexed. Writs shall run in the same manner, and bear teste by the clerks of the several courts. Indictments shall conclude. Against the peace and dignity of the Com- Malth. of, how appoint- ed ; shall nominate their clerks, re- commend sheriffs and cor- oners to ho commis- sioned by Execu- tive ; and appoint consta- bles. Impeach- ments. Commis- sions, grants and writs, stile, and teste of Indict- ments, conclusion of 56 CONSTITUTION OF VIRGINIA. Territorial limits : ces- sion to co- terminous states : fu- ture go- vernments west of Mount Al- legheny, how to be establish- ed. Treasurer. XIX. A Treasurer shall be appointed annually, by joint ballot of both Houses. Escheats, XX. All escheats, penalties, and forfeitures, heretofore forfeitures. S ow S to tne King-, shall go to the Commonwealth, save only such as the Legislature may abolish, or otherwise provide for. XXI. The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and for- ever confirmed to the people of those colonies respect- ively, with all the rights of property, jurisdiction, and government, and all other rights whatsoever which might at any time heretofore have been claimed by Virginia, except the free navigation and use of the rivers Potowmac and Pohomoke, with the property of the Virginia shores or strands bordering on either of the said rivers, and all improvements which have been or shall be made thereon. The western and northern extent of Virginia shall, in all oilier respects, stand as fixed by the charter of King James the first, in the year one thousand six hundred and nine, and by the public treaty of peace between the Courts of Great- Britain and France, in the year one thousand se- ven hundred and sixty-three ; unless, by act of Legisla- ture, one or more territories shall hereafter be laid off, and governments established westward of the Alleghany mountains. And no purchase of lands shall be made of the Indian natives but on behalf of the public, by autho- rity of the General Assembly. XXII. In order to introduce this government, the re- presentatives of the people met in Convention shall choose a Governor and Priv^ Council, also such other officers directed to be chosen by both Houses as may be judged necessary to be immediately appointed. The Senate to be first chosen by the people, to continue until the last day of March next, and the other officers until the end of the succeeding session of Assembly. In case of vacancies, the Speaker of either House shall issne writs for new elections. No pur- chases from In- dian na- ) III. We greatly commending, and g. viciously ac ' n :; of, their desires for the furtherance o( so nobk which may, by the providence of .Almighty Go*' ter tend to the glory of his divine Majesi of Christian religion to such peor ' \ as yet live in de. . ness and miserable ignorance oft ,-• true knowledge and worship of God, and may in time bring the infir' ■ >.ud savages, living in t'sose parts, to human c : ,iity ! to a titled and quiet government; 1 ; ..■ by uiese c, ... letters patterns, graciously accept of, and igree to, their humble and well ■ tended First ay. ol IV. d ? and „ o*nct* c one side thereof, and his portraiture on the other ; and that the seal for the council of the said first colony sha!] have engraven round about, on the one side, these words ; Sigillum Regis Magna Britannia:, Francis, et Hiber- Number of nice: on the other side this inscription round about; ihecouocil. Pro Concilio prima Colonia Virginia. And the seal for - the council of the said second colony shall also have en- graven, round about the one side thereof, the aforesaid words : Sigillum Regis Magna?, Britannia, Franciai, and Hibernia ; and on the other side ; Pro Concilio se- cundas Colonial, Virginia : VIII. And that also there shall be a council establish- SjJJ^J ed here in England, which shall, in like manner, consist England; of thirteen persons, to be, for that .purpose, appointed by its number us, our heirs, and successors, which shall be called our an( s Council of Virginia; and shall, from time to time, have the superior managing and direction, only of and for all matters, that shall or may concern the government, as well of the said several colonies, as of and for any other part or place, within the aforesaid precincts of four and thir- H and five and forty decrees, abovementioned ; which council shall, in like manner, have a seal, formatters con- cerning the council or colonies, with the like arms and portraiture, as aforesaid, with this inscription, engraven round about on the one side ; Sigillum Regis Magmas, Britannia, Francia, and Hibernia ; and round about the other side. Pro Concilio suo Virginia. IX. And moreover, we do grant and agree, for us, Rj a> our heirs and successors, that the said several councils, search fov of and for the said several colonies, shalland lawfully may, . d ' e ,. , r r . .'.. . J Ji mine*. by virtue hereof, from time to time, without any interrup- tion of us, our heirs or successors, give and take order, to dig, mine, and search for all manner of mines of gold. •liver, and copper, as well within any part of their said se- veral colonies, as of ihe said main lands on the backside 62 ANCIENT CHARTERS 1606. Ap'l 10th. 4th James 1st. Firvi char- tei (o Sir Thomas *iates and others. Ma- coin >10l May in- vite and carry over adventur- ers. of the same colonies ; and to have and enjoy the gold, silver, and copper, to be gotten thereof, to the use and behoof of the same colonies, and the plantations there- f; yielding therefore, to us, our heirs and successors, the fifth par! only of all the same gold and silver, and the fif- teenth part of all the same copper, so to begotten or had, as is aforesaid, without any other manner of profit or ac- count, to be given or yielded to us, our heirs, or succes- sors, for or in respect of the same : X. And they shall, or lawfully may, establish and cause to be made a coin, to pass current there between the peo- ple of those several colonies, for the more ease of traf- fick and bargaining between and amongst them and the natives there, of such metal, and in such manner and form, as the said several councils there shall limit and appoint. XI. And we do likewise, for us, our heirs, and suc- cessors, by these presents, give full power and authority to the said Sir Thomas Gates, Sir George Somers, Rich- ard Hackluit, Ed ward- Maria Wingfield, Thomas Han- ham, Ralegh Gilbert, William Parker, and George Pop- ham, and to every of them, and to the said several com- panies, plantations, and colonies, that they, and every of them, shall and may at all and every time and times here- after, have, take, and lead in the said voyage, and for and towards the said several plantations and colonies, and to travel thitherward, and to abide and inhabit there, in every the said colonies and plantations, such and so many of our subjects, as shall willingly accompany them, or any of them, in the said voyages and plantations ; with sufficient shipping, and furniture of armour, weapons, ordnance, powder, victual, and all other things, necessary for the said plantations, and for their use and defence there : Provided always, That none of the said persons be such, as shall hereafter be specially restrained by us, our heirs, or successors. May repel xil. Moreover, we do, by these presents, for us, our heirs, and successors, give and grant licence unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gil- bert, William Parker, and George Popham, and to every of the said colonies, that they, and every of them, shall and may, from time to time, and at all times for ever here- after, for their several defences, encounter, expulse. repel, uVI*0. intruders. ing to the colonies ANCIENT CHARTERS. rjji and resist, as well by sea as by land, by all ways and means loOo. whatsoever, all and every such person and persons, as A ., 10th without the especial licence of the said several colonies and plantations, shall attempt to inhabit within the said 4th James several precincts and limits of the said several colonies and '"*_, plantations, or any of them, or that shall enterprise or at- Firs( char . tempt, at any time hereafter, the hurt, detriment, or an- tertoSir novance, of the said several colonies or plantations : Thomas " * Gates and XIII. Giving and granting, by these presents, unto the said Sir Thomas Gates, Sir George Somers, Richard Duties Hackluit, Edward-Maria Wingfield, and their associates payable by of the said first colony, and unto the said Thomas Han- persons ham, Ralegh Gilbert, William Parker, and George Pop- for trad- ham, and their associates of the said second colony, and to every of them, from time to time, and at all times fore- ver hereafter power and authority to take and surprise, by all ways and means whatsoever, all and every person and persons, with their ships, vessels, goods, and other furniture, which shall be found trafficking, into any har- bour or harbours, creek or creeks, or place, within the li- mits or precincts of the said several colonies and plantati- ons, not being of the same colon)', until such time, as they, being of any realms or dominions under our obedience, shall pay, or agree to pay, to the hands of the treasurer of that colony, within whose limits and precincts they shall so traffick, two and a half upon every hundred, of any thing, so by them trafficked, bought, or sold ; and being strangers, and uotsubjects under our obeysance, until they shall pay five upon every hundred, of such wares and merchandises, as they shall traffick, buy, or sell, within the precincts of the said several colonier wherein they shall so traffick, buy, or sell, as aforesaid /.atchsums of f t Z ~ J f ■ ii- use of thf money, or benefit, as aforesaid, for and during the space eolonie? of one and twenty years, next ensuing the date hereof, '■ - shall be wholly emploied to the u.se, benefit, and behoof* of the said several plai a tioas, where such traffic's hall b< ,„ , made; andaftei it. .: id one and twenty year-- 5 the same shall be taken to the use of us. our heirs cessors, by such officers and ministers, as by us, our b and successors, shall ! thereunto ned or appointee XIV. And we do farther, I . ese presents, for us, .', j'^' our heirs, and i i sors, give tnd grant unto the Uaid free of du- Sir Thomas Gat< . Sir George Somers, Richard Hackluit, % y and Edward-Maria Wingfield. ^n* 1 to th< iociates of 64 ANCIENT CHARTER* 1606. Ap'l 10th. 4th James 1st. First char- ter to Sir Thomas (iajr-s and others Inhabi- tants and their chil- dren to have the privileges of British subjects. Penalty i'or carry- ing goods, &c destin- ed for the colonies to any other places. the said first colony and plantation, and to the said Tho- mas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their associates of the said second colony and plantation, that they, and every of them, by their de- puties, ministers, and factors, may transport the goods, chattels, armour, ammunition, and furniture, needful to be used by them, for their said apparel, food, defence, or otherwise in respect of the said plantations, out of our realms of England and Ireland, and all other our domini- ons, from time to time, for and during the time of seven years, next ensuing the date hereof, for the better relief of the said several colonies and plantations, without any cus- tom, subsidy, or other duty, unto us, our heirs, or suc- cessors, to be yielded or paid for the same. XV. Also we do, for us, our heirs, and successors, declare, by these presents, that all and every the persons, being our subjects, which shall dwell and inhabit within every or any of the said several colonies and plantations, and every of their children, which shall happen to be born within any of the limits and precincts of the said several colonies and plantations, shall have and enjoy all liberties, franchises, and immunities, within any of our other do- minions, to all intents and purposes, as if they had been abiding and born, within this our realm of England, or any other of our said dominions. XVI. Moreover, our gracious will and pleasure is, and we do, by these presents, for us, our heirs, and successors, declare and set forth, that if any person or persons, which shall be of any of the said colonies and plantations, or any other, which shall traffick to the said colonies and planta- tions, or any of them, shall at any time or times hereaf- ter, transport any wares, merchandises, or commodities, out of any our dominions, with a pretence to land, sell, or otsPrwise dispose of the same, within any the limits and precincts of any the said colonies and plantations, and yet nevertheless, being at sea, or after he hath landed the same within any of the said colonies and plantations, shall carry the same into any other foreign country, with a pur- pose there to sell or dispose of the same, without the li- cence of us. our heirs, and successors, in that behalf first had and obtained; that then, all the goods and chattels of such person or persons, so offending and transporting, to- gether with the said' ship or vessel, wherein such trans- ANCIENT CHARTERS 65 portalion was made, shall be forfeited to us, our heirs, 1G06. and successors. Ap'l 10th. XVII. Provided always, and our will and pleasure is, and we do hereby declare to all Christian kings, princes, j ™ ieS and states, that if any person or persons, which shall here- ^^s~+s after be of any of the said several colonies and plantations, First char- or any other, by his, their or any of their licence and ap- tor to Sir pointment, shall, at any time or times hereatter, rob or Gates and spoil, by sea or by land, or do any act of unjust and un- others, lawful hostility, to any the subjects of us, our heirs, or successors, or any the subjects of any king, prince, ruler, governor, or state, being then in league or amity with us, R° hbPries our heirs, or successors, and that upon such injury, or up- pun i s hed. on just complaint of such prince, ruler, governor, or state, or their subjects, we, our heirs, or successors, shall make open proclamation, within any of the ports of our realm of England, commodious for that purpose, that the person or persons, having committed any such robbery or spoil, shall, within the term to be limitted by such proclama- tions, make full restitution or satisfaction of all such in- juries done, so as the said princes, or others, so complain- ing, may hold themselves fully satisfied and contented ; and that, if the said person or persons, having committed such Robbery or spoil, shall not make, or cause to be made, satisfaction accordingly, within such time so to be limited, that then it shall be lawful to us, our heirs, and successors, to put the said person or persons, having com- mitted such robbery or spoil, and their procurers, abetters, or comforters, out of our allegiance and protection ; and that it shall be lawful and free for all princes and others, to pursue with hostility the said offenders, and every of them, and their and every of their procurers, aiders, abet- ters, and comforters, in that behalf. XVIII. And finally, we do, for us, our heirs, and sue- Lands to cessors, grant and agree, to and with the said Sir Tho- f' c granted mas Gates, Sir George Somers, Richard Hackluit, and l-o^mon" Edward-Maria Wingfield, and all others of the said first socral appendix, all the most important papers. They are now in the possession of Skelton Jones, Ksq. who has undertaken to complete the History of Virginia, left unfinished by his predecessor. From tin- well known talents of this gentleman, and his celebrity as a writer, the public, it is believed, will have no cause to regret the change of histo- rian-, notwithstanding the deservedly hijjh reputation of Mr. Burk as an ANCIENT CHARTERS. 77 loving people, willing to abide and inhabit in certaine 1607. parts of Virginia and America, and divers preheminen- March 9. ces, priviledges. authorities and other things as in and by James the said letters patents more particularly it appeareth; | gt and whereas wee, according to the effect and true mean- ^s^***/ ing of the said letters patents, have, by a former instru- ■ • i i i j • i j i j Ordinance merit signed with our hand and signe mauuel, and sealed &c en _ with our privy seal of our realme of England, established lagging and ordained, that our trusty and wel- beloved Sir Willi- ' l ^ coun ' am Wade, knight, our Lieutenant of our Tower of Lon- don. Sir Thomas Smith, knight, Sir Walter Cope, knight, Sir George Moor, knight, Sir Francis Popeham, knight, Sir Ferdinando Gorges, knight, Sii John Trevor, knight, • tt t»c i • i .. i r ••* c Former Sir Henry Montague, knight, recorder of our citty ot council . liondon, Sir William Rumney, knight, John Dodderidae, lors. Esqr. (b) our solicitor general, Thomas Warr, Esq. Jo'n Eldred of our city of London, merchant, Thomas James of our citty of Bristol, merchant, and James Bagge of Plymouth, in our county of Devon, merchant, should (c) be our councel for all matters which »hould (c) happen in Virginia or any territories of America aforesaid, or any actions, businesse or causes, for and concerning the same, which councel is from time to time to be increased, altered, or changed att the nomination of us, our heires and successors, and att our and their will and pleasure; and whereas our said councel have found by experience, . their number being hut fourteen in all, and most of them number. dispersed by reason of their several habitations far and remote the one from the other, and many of them in like manner far remote from our citty <>f London, where, if need require, they may receive directions from us and our privy councel, and from whence instructions and di- rections may be by them left and more readily given, for the said colonies, that when very needful occasion requir- f.th, (d) there cannot be any competent number of them, by any meenes be drawne together for consultation ; for remedy whereof our said loving subjects of the several co- lonies aforesaid, have been humble suitors unto us, and have to that purpose offered unto our royal consideration, the names of certaine sage and discreet persons, and hav- ing with the liko humility entreated us, that the said per- ron !OU« READINGS. Knight," ancient records | " shall,'' ancient reeowts *rs, wee doe grant unto our said councel of Virginia, thatthey or any twelve of them VARIOUS READINGS. [c] u Our," not in ancient records. [/] " Berthley," ancient records. [g] '-Freak," ancient records. Th\ " May arid shall." ancient verm-rU their offi- cers. ANCIENT CHARTERS. ?$ att the least for the time being whereof six att the least 1607. to be members of one of the said colonies, and six more att the least to be members of the other rolony, shall Ma,ch9 - have full power and authority, to ordaine. nominate, elect, 4th James and cli^ose any other person, or persons at their discreti- **'• on to be and to serve as officer or officers, to all offices ^*^-»~ and pfaces, that shall by them be thought fitt and requisite ordinan for the businesse and affaires of our said councel, and con- &c. enlare earning the plantation or plantations aforesaid, and for in £ ,h f the summoning, calling, and assembling of the said coun- cel, together when need shall require, or for summoning and calling before the said councel, any of the adventur- ors, or others which shall passe on (i) unto the said se- T1,e,r P° w - veral colonies to inhabit or to traffirk there or any other such like officer, or offirers, which in time shall or may be found of use behoofe or importance unto the (k) councel aforesaid (7) (And the said council or any twelve of them as is aforesaid shall have full power and authority from May time to time to continue or to alter or change the said of- change^ ficers and to elect and appoint others in their roomes and places, to make and ordain acts and ordinances for the better ordering disposing and marshalling of the said se- veral colonies and the severai adventurers or persons go- ing to inhabit in the same several colonies, or of any pro- vision or provisions for the same, or for the direction of the officers aforesaid, or for the making of them to be sub- ordinate or under jurisdiction one of another, and to do and execute all ami every of their actand things which by any our grants or letters patents heretofore made they are warranted or authorised to do or execute so as always none of the said acts and ordinances r other things be contrary or repugnant to the true intent and meaning of our said letters patents granted for the plantation of the said several colonies in Virginia and territories of Ame- rica as aforesaid, or contrary to the laws and statutes in this our realm of England, or in derogation of our prero- gative royal. Witness ourself at Westminster, the ninth day of March, in the year of our reign of England, France and Ireland the fourth, and of Scotland the fortieth, &tc] VARIOUS READINGS. [i] :: I • -Ancient records, [k] " Tltt" omitted in ancient records. (7) From ilie beginning to the word " aforesaid" is taken from a MS. Record-Book in the land-office of Virginia ; the remainder, from the an- i records • •' Virginia; before mentioned in note (a). so ANCIENT CHARTERb The Second Charter to the Treasurer and Company, for Virginia, erecting them into a Corporation and Body Politic, and for the further enlargement and explanation of the privileges of the said Company and First fJolony of Virginia. (Dated May 23d, 1609. 7 James 1st No. 2.) -Stith's A]>p. Second charter to the treasu- rer and company iw Virgi- nia. Recital. I. JAMES, by the grace of God, king of England, Scotland, France, and Ireland, defender of the faith, &c. To all, to whom the happy success of the said plantation, and commending te(1 their good desires therein, for their further encourage- ment in accomplishing so excellent a work, much pleas- ing to God, and profitable to our kingdom, do, of our spe- cial grace and certain knowledge, and mere motion, for us, our heirs and successors, give, grant, and confirm, to our trusty and well beloved subjects, Robert, earl of Salis- bury, Thomas, earl of Suffolk, Henry, earl of Southamp- ton, William, earl of Pembroke, Henry, earl of Lincoln, earl of Dorset, Thomas, earl of Exeter, Philip, earl of Montgomery, Robert, Lord Viscount Lisle, Theophilus, Lord Howard of Walden, James Montague, Lord Bish- op of Bath and Wells, Edward, Lord Zouche, Thomas, Lord Lawarr, William, Lord Mounteagle, Ralph, Lord Ewre, Edmond, Lord Sheffield, Grey, Lord Chandois, LordCompton. John, Lord Petre, John, Lord Stanhope, George, Lord Carew, Sir Humphrey Weld, Lord Mayor of London, George Percie, Esq : Sir Edward Cecil, Knt. Sir George Wharton, Knt. Francis, West, Esq. Sir Wil- liam Wade , Knt. Sir Henry Nevil, Knt. Sir Thomas Smith, Knt. Sir Oliver Cromwell, Knt. Sir Peter Man- wood, Knt. Sir Drue Drury, Knt. Sir John Scot, Knt. Sir Thomas Challoner, Knt. Sir rfobert Drury, Knt. Sir Anthony Cope, Knt. Sir Horatio Vere, Knt. Sir Edward Conway, Knt. Sir William Brown, Knt. Sir Maurice Berkeley, Knt. Sir Robert Mansel, Knt. Sir Amias Pres- ton, Knt. Sir Thomas Gates, Knt. Sir Anthony Ashly, Knt. Sir Michael Sandys, Knt. Sir Henry Carey, Knt. Sir Stephen Soame, Knt. Sir ( alisthenes Brooke, Knt. Sir Edward Michelbom. Knt. Sir John Ratcliffe, Knt h 82 ANCIENT CHARTERS, 1609. May 23d 7th James 1st. Second charter to the trea- suver and company of Vir- ginia. Sir Charles Wilmot, Knt. Sir George Moor Knt. Sir Hugh Wirral, Knt. Sir Thomas Dennis, Knt. Sir John Holies, Knt. Sir William Godolphin, Knt. Sir Thomas Monson, Knt. Sir Thomas Ridgwine, Knt. Sir John Brooke, Knt. Sir Robert Killigrew, Knt. Sir Henry Pey- ton, Knt. Sir Richard W illianison, Knt. Sir Ferdinando Weynman, Knt. Sir William St. John, Knt. Sir Thomas Hoferoft, Knt. Sir John Mallorv, Knt. Sir Roger Ash- ton, Knt. Sir Walter < ope, Knt. Sir Richard Wigmore, Knt. Sir William Coke, Knt. Sir Herbert Crofte, Knt. Sir Henry Fanshaw, Knt. Sir John Smith, Knt. Sir Fran- cis Wolly, Knt. Sir Edward Waterhonse, Knt. Sir Hen- ry Seekford, Knt. Sir Edwin Sandys. Knt. Sir Thomas Waynam,Knt. Sir JohnTrevTnyKht. Sir Warwick Heele, Knt. Sir Robert Worth, Knt. Sir John Townsend, Knt. Sir Christopher Perkins, Knt. Sir Daniel Dun, Knt. Sir Henry Hobart, Knt. Sir Francis Bacon, Knt. Sir Henry Montague, Knt. Sir George Coppin, Knt. Sir Samuel San- dys, Knt. Sir Thomas Roe, Knt. Sir George Somers, Knt. Sir Thomas Freake, Knt. Sir Thomas Harwell, Knt. Sir Charles Kelke, Knt. Sir Baptist Hicks, Knt. Sir John Watts, Knt. Sir Robert Carey, Knt. Sir William Romney, Knt. Sir Thomas Middleton, Knt. Sir Hatton Cheeke, Kit. Sir John Ogle, Knt. SirCavallero Meycot, Knt. Sir Stephen Riddlesdon, Knt. Sir Thomas Bludder, Knt Sir Anthony Aucher, Knt. Sir Robert Johnson, Knt. Sir Thomas Panton, Knt. Sir Charles Morgan, Knt. Sir Ste- phen Pole, Knt. Sir John Burlacie, Knt. Sir Christopher Cleave, Knt. Sir George Hay ward, Knt. Sir Thomas Da- vis, Knt. Sir Thomas Sutton, Knt. Sir Anthony Forrest, Knt. Sir Robert Payne, Knt. Sir John Digby, Knt. Sir Dudley Digges,Knt" Sir Rowland Cotton, Knt. Dr. Mat- thew Sutcliffe, Dr. Meadows, Dr. Turner. Dr. Poe, Cap- tainPagnam, Captain Jeffrey Holcrofte, Captain Romney, Captain Henry Spry, Chaptain Shelton, Captain Sparks, Captain Thomas Wy at, Captain Brinsley, Captain Willi- am Courtney, Captain Herbert, Captain Clarke, Captain Dewhurst, Captain John Blundell, Captain Fryer, Cap- tain Lewis Orwell, Captain Edward Loyd,Capt. Slinges- by, Captain Hawlev, Captain Orme, Captain Woodhouse, Captain Mason, Captain Thomas Holer oft, Captain Sohn Coke, Captain Holies, Captain William Proude, Captain Henry Woodhouse, Captain Richard Lindesey, Captain Dexter, Captain W 7 il!iam Winter, Captain Pearse, Cap- tain John Bingham, Captain Burray. Captain Thomas ANCIENT CHARTERS. §3 Conway, Captain Rookwood, Captain William Lovelace, Captain John Ashley, Captain Thomas Wynne, Captain Thomas Mewtis, Captain Edward Harwood, Captain Michael Everard, Captain Comook, Captain Mills, Cap- tain Pigot, Captain Edward-Maria Wing-field, Captain" Christopher Newport, Captain John Sicklemore, alias Ratclifle, Captain John Smith, Captain John Martin, Captain Peter Wynne, Captain Waldoe, Captain Thomas Wood, Captain Thomas Button. George Bolls, Esq. she- riff' of London, William Crashavv, rlerk, Batchelor of divi- nity, William Seabnght, Esq. Christopher Brooke, Esq. John Bingley, Esq. Thomas Watson, Esq. Richard Per- eival, Esq. John Mooore, Esq. Hugh Brooker, Esq. Da- vid Woodhouse, Esq. Anthony Aucher Esq. Robert Bowyer, Esq. Raiph Ewens, Esq. Zacharv Jones, Esq. George Calvert, Esq, William Dobson, Esq. Henry Rey- nolds, Esq. Thomas Walker, Esq. Anthony Barnars, Esq. Thomas Sandys, Esq Henry Sandys, Esq. Richard Sandys, Esq. Son of Sir Edwin Sandys, William Oxen- bTicTge, Esq. John Moore, Esq. Thomas Wilson, Esq. John Bullock, Esq. John Waller. Esq. Thomas Webb, Jehu Robinson, William Brewster, Robert Evelyn, Hen- ry Danby, Richard Hackluit, Minister, John Eldred, Merchant, William Russel, merchant, John Merrick, Merchant, Richard Banister, Merchant, Charles Antho- ny, Goldsmith, John Banks. William Evans, Richard. Humble, Richard Chamberlayne, Merchant, Thomas Barber, Merchant, Richard Pomet, Merchant, John Flet- cher, merchant, Thomas Nichols, merchant, John Stoke, merchant, Gabriel Archer, Francis Covel, William Bon- ham, Edward Harrison, John Wolstenholme,Nicholas Sal- ter, Hugh Evans, William Barnes, OthoMawdet, Richard Staper, merchant, John Elkin, merchant, William Coyse, Thomas Perkin, cooper, Humphry James, cooper, Henry Jackson, Robert Singleton, Christopher Nichols, John Harper, Abraham Chamberlayne, Thomas Shipton, Tho- mas Carpenter, Anthony Crew, George Holman, Robert Hill, Cleophas Smith, Ralph Harrison, John Farmer, James Brearley, William Crosby, Richard Cox, John Gearing, Richard Strongarm, Ironmongers! Thomas Langton, Griffith Hinton, Richard Ironside, Richard Dean, Richard Turner, William Lawson, mereer, James ChatheldjEdw'd Allen Tedder, Robert HildebrandSprin- son, Arthur Mouse, John Gardiner, James Russel, Rich- ard Caswell, Richard Evans, John Hawkins, Richard Ker- fil, Richard Brooke, Matthew Scrivener, gentleman, Wil- 1609. May 23d. 7th James 1st Second charter to' the trea- surer and company of. Virgin- ia. 84 ANCIENT CHARTERS. 1609. May 23d. 7th James 1st. 2d charter to the treasurer &, compa- ny of Vir- ginia. liam Stallenge, gentleman, Arthur Venn, gentleman, San- dys Webbe, gentleman, Michael Phettiplace, gentleman, William Phettiplace, gentleman Ambrose Prusey, gen- tleman, John Taverner, gentleman, George Pretty, gen- tleman, Peter Latham, gentleman, Thomas Montford, gentleman, William Cantrel, gentleman, Richard Wiffin, gentleman, Ralph Moreton, gentleman, John Cornelius, Martin Freeman, Ralph Freeman, Andrew Moore, Tho- mas White, Edward Perkin, Robert OrEcy, Thomas Whitley, George Pit, Robert Parkhurst, Thomas Morris, Peter Harloe, Jeffry Duppa. John Gilhert, William Han- cock, Matthew Brown, Francis Tyrrel, Randal Carter, Othowell Smith, Thomas Hamond, Martin Bond, haber- dasher, John Moulsoe, Robert Johnson, William Young, John Woodal, William Felgate, Humfrey Westwood, Richard Champion, Henry Robinson, Francis Mapes, William Sambach, Relegh Crashaw, Daniel Tucker, Tho- mas Grave, Hugh Willeston, Thomas Culpeper, of Wig- sel, Esq. John Culpepper, gentleman, Henry Lee, Josias Kirton, geutleman, John Pory, gentleman, Henry Collins, George Burton, William Atkinson, Thomas Forest, John Russel, John Holt, Harman Harrison, Gabriel Beedel, John Beedel, Henry Dawkes, George Scot, Edward Fleetwood, gentleman, Richard Rogers, gentleman, Ar- thur Robinson, Robert Robinson. John Huntley, John Gray, William Payne. William Field, William Wattey. William Webster. John Dingley, Thomas Draper, Rich- ard Glanvil, Arnold Hulls, Henry Roe, William Moore, Nicholas Gryce, James Monger. Nicholas Andrews, Je- remy Haydon, Ironmonger, Philip Durette, John Quarles, John West, Matthew Spring!; am" John Johnson, Chris- topher Hore, Thomas Snead, George Berkeley, Arthur Pet. Thomas ( areles, William Berkeley, 'J'liomas John- son. Alexander Bents Captain William King, George Sandys, gentleman. James White, gentleman, Edmond Wynne, Charles Towler, Richard Reynold, Edward Webb, Richard Maplesden. Thomas Lever, David Bourne, Thomas Wood. Ralph Hamer. Edward Barnes, mercer. John Wright, mercer, Robert Middleton, Ed- ward Littlefield Katharine West, Thomas Web, Ralph King, Robert Koppin. James Askew, Christopher Holt William Bardwell, Alexander Chiles. Lewis Tate, Ed- ward Ditch-field, James Swifte. Richard Widdowes. gold- smith, Edmond Brudenell. Edward Burwell, John Hans- ford. Edward Wooller. William Palmer, haberdasher. ANCIENT CHARTERS, 85 John Badger, John Hodgson, Peter Mounsel, John Car- 1609. ril, John Bushridge, William Dun, Thomas Johnson, Nicholas Benson, Thomas Shipton, Nathaniel Wade, ay Randal Wetwood, Matthew Dequester, Charles Haw- 7th James kins, Hugh Hamersley, Abraham Cartwright, George lst - Bennct, William Cater, Richard Goddart, Henry Crom- ^J^JJ well, Phineas Pet, Robert Cooper. John Cooper, Henry 7othetrea- Newce, Edward Wilkes, Robert Bateman, Nicholas Far- surer & rar, John Newhouse, John Cason, Thomas Harris, gen- *J™W lleman, George Etheridge, gentleman, Thomas Mayle, nia . gentleman, Richard Stafford, Thomas , Richard Cooper, John Westrow, Edward Welch, Thomas Britain, Thomas Knowles, Octavian Thome, Edmond Smith, John March, Edward Carew, Thomas Pleydall, Richard Let, Miles Palmer, Henry Price, John Joshua, gentle man, William Clauday, Jeremy Pearsye, John Bree, gentleman, William Hampson, Christopher Picktbrd, Thomas Hunt, Thomas Truston, Christopher Salmon, John Howard, clerk, Richard Partridge, Allen Cassen, Felix VV ilson, Thomas Bathurst, George Wilmer, Andrew Wilmer, Maurice Lewellin, Thomas Godwin, Peter Bur- goyne, Thomas Burgoyne, Robert Burgoyne, Robert Smith, merchant-taylor, Edward Cage, grocer, Tb >mas Cannon, gentleman, William Welby, stationer, Clement Wilmer, gentleman, John Ciapham, gentleman, Giles Francis, gentleman, George Walker, sadler, John Swin- how, stationer, Edward Bishop, staliorrer. Leonard White, gentleman, Christopher Baron, Peter Benson, Richard Smith, George Proctor, minister, Millicent Ramsden, widow, Joseph Soane, Thomas Hinshaw, John Baker, Robert Thornton, John Davis, Edward Facit, George Newce, gentleman, John Robinson, Captain Thomas Wood, William Brown, shoemaker, Robert Barker, shoe- maker, Robert Pennington, Francis Burley, minister, William Quick, grocer, Edward Lewis, grocer, Lau- rence Campe, draper, Aden Perkins, grocer, Richard Shepherd, preacher, William Sherley, haberdasher, William Taylor, haberdasher, Edwin Lukin, gen- tleman, John Franklyn, haberdasher, John Southwick, Peter Peate, George Joban, Ironmonger, George \ i ardley, gentleman, Henry Shelley, John Prat, Tho- mas Church, draper, William Powel, gentleman, Richard Frith, gentleman, Thomas Wheeler, draper, Francis Haselrig, gentleman, Hugh Shipley, gentleman, John Andrews, the elder, doctor of Cambridge, Francis Whistler, gentleman, John Vassal, gentleman. Richard a6 ANCIENT CHARTERS. 1609. May 23d. 'Tth James 1st. 2d charier to i he trea- surer & company of Virgi- nfa. Howie, Edward Berkeley, gentleman, Richard Keneridg- burg, gentleman, Nicholas Exton, draper, William Ben- net, fishmonger, James Haywood, merchant, Nicholas Isaac, merchant, William Gibbs, merchant, Bishop, Bernard Mitchel, Isaac Mitchel, John Sireate, Edward Gall, John Martin, gentleman, Thomas Fox, Luke Lodge, John Woodliffe, gentleman, Richard Webb, Vin- cent Low, Samuel Burnham, Edmund Pears, haberdasher, John Goo^-e, John St. John, Edward Vaughan, William Dunn, Thomas Alcocke, John Andrews the younger, of Cambridge, Samuel Smith, Thomas Gerrard, Thomas Whittingham, William Canning, Paul Canning, George Chandler, Henry Vincent, Thomas Ketley, James Skel- ton, James Mountaine, George Webb, gentleman, Joseph Newbridge. Smith, Josiah Mand, Captain Ralph Hamer, the younger, Edward Brewster, the son of William Brew- ster, Leonard Harwood, Mercer, Philip Druerdent Wil- liam Carpenter, Tristian Hill, Robert Cock, Grocer, Lau- rence Grecie, Grocer, Samuel Winch, grocer, Hum- phrey Stile, grocer, Avern Dransfield, grocer, Edward Hodges, grocer, Edward Beale, grocer, Thomas Culler, grocer, Ralph Busby, grocer, John Whittingham, grocer, John Hide, grocer, Matthew Shepherd, grocer, Thomas Allen, grocer, Richard Hooker, grocer, Lawrence Munks, grocer, John Tanner, grocer, Peter Gate, grocer, John Blunt, grocer, Robert Phips, grocer, Robert Berrisford, grocer, Thomas Wells, grocer, John Ellis, grocer, Hen- ry Colthurst, grocer, John Cavacly, grocer, Thomas Jen- nings, grocer, Edmond {'ashall. grocer, Timothy Ba- thurst. grocer, Giles Parslow, grocer, Robert Milmay, grocer, Richard Johnson, grocer, William Johnson, vint- ner, Ezekiel Smith, Richard Martin, William Sharp ? Robert Rich, William Stannard, innholder, John Stock- on. William Strache}\ gentleman. George Fanner, gen- tleman, Thomas Gypes, ( lothworker, Abraham Davies, gentleman, Thomas Brockett, gentleman, George Bache, fishmonger, John Dike, fishmonger, Henry Spranger, Richard Farrington, Christopher Vertue.vintner, Thomas Bayley, vintner, George Robins, vintner, Tobias Hinson, grocer, Vrian Spencer, Clement Chickeley, John Scarpe, gentleman, James Campbell, ironmonger, Christopher Clitheroe, ironmonger, Philip Jacobson, Peter Jacobson, of Antwerp. William Berkeley, Miles Banks, cutler, Pe- ter Higgons, grocer, Henry John, gentleman, John Stock- ley, merchant-taylor, the company of mercers, the com- pany of grocers, the company of drapers, the company of ANCIENT CHARTERS. **? fishmongers, the company of goldsmiths, the company of 1609. skinners, the company of merchant-taylors, the company M 23d of haberdashers, the company of salters, the company of ironmongers, the company of vintners, the company of 7th James clothworkers, the company of dyers, the company of lst brewers, the company of leathersellers, the company of ^J^J^. pewterers, the company of Cutlers, the company of white- to t h e bakers, the company wax-chandlers, the company of tal- treasurer low-chandlers, the company of armorers, the company of ^oirvh- girdlers, the company of butchers, the company of sadlers, g j n ia. the company of carpenters, the company of cordwaynes, the company of barber-chirurgeons, the company of paint- stainers, the company of curriers, the company of masons, the company of plumbers, the company inholders, the company of founders, the company of poulterers, the com- pany of cooks, the company of coopers, the company of tylers and bricklayers, the company of bowyers, the com- pany of Fletchers, the company of blacksmiths, the com- pany of joiners, the company of weavers, the company of woolmen, the company of woodmongers, the company of scriveners, the company of fruiterers, the company of plaisterers, the company of Brownbakers, the company of stationers, the company of imbroiderers, the company of upholsters, the company of musicians, the company of turners, the company of gardiners, the company of bas- ketmakers, the company of glaziers, John Levet, mer- chant, Thomas Nornicot, clothworker, Richard Venn, ha- berdasher, Thomas Scot, gentleman, Thomas Buxon, merchant-taylor, George Hankinson, Thomas Seyer, gen- tleman, Matthew Cooper, George Butler, gentleman,Tho- mas Lawson, gentleman, Edward Smith, haberdasher, Steven Sparrow, John Jones, merchant, Reynolds, brewer, Thomas Plummer, merchant, James Duppa, brewer, Rowland Coitmore, William Sontherne, George Whitmore, haberdasher, Anthony Gosnold, the younger, John Allen, fishmonger, Simon Yeomans, fishmonger, Lancelot Davis, gentleman, John Hopkins, alderman of Bristol, John Kettleby, gentleman, Richard Clene, gold- smith, George Hooker, gentleman, Robert Chening, yeo- man; and to such and so many, as they do, or shall here- after admit to be joined with them, in form hereafter in these presents expressed, whether they go in their per- sons, to be planters there in the said plantation, or whe- ther they go not, but adventure their monies, goods, or chatties; That they shall be one body or commonalty per- petual, and shall have perpetual succession, and one com- 88 ANCIENT CHARTERS. 1609. May 23d. 7th James 1st. Stile of the Corpora- tion. May take and hold property, &c. May plead and be impleaded. Confirma- tion of for- mer grants. Limits of the Colo- ny and ex- tent of ju- risdiction. mon seal, to serve for the said body or commonalty ; and that they, and their successors, shall be known, called, and incorporated by the name of,The Treasurer and Company of Adventurers and Planters of the City of London for the first Colony in Virginia : IV. And that they and their successors, shall be, from henceforth, forever enabled to take, acquire and purchase, by the name aforesaid (licence for the same, from us, our heirs or successors, first had and obtained) any man- ner of lands, tenements, and hereditaments, good and chattels, within our realm of England, and dominion of Wales: V. And that they and their successors, shall likewise be enabled, by the name aforesaid, to plead and be im- pleaded, before any of our judges or justices, in any of our courts, and in any actions or suits whatsoever. VI. And we do also of our special grace, certain know- ledge and mere motion, jfive, grant and confirm, unto the said treasurer and company, and their successors, under the reservations, limitations, and declarations, hereafter expressed, all those lands, countries, and territories, situ- ate, lying, and being, in that part of America called Vir- ginia, from the point of land, called Cape or Point Com- fort, all along the sea coast, to the northward two hundred miles, and from the said point of Cape Comfort, all along the sea coast to the southward two hundred miles, and all that space and circuit of land, lying from the sea coast of the precinct aforesaid, up into the land, throughout from sea to sea, west and northwest; and also all the islands, lying within one hundred miles, along the coast of both seas of the precinct aforesaid ; together with all the soils, grounds, havens, and ports, mines, as well royal mines of gold and silver, as other minerals, pearls and precious stones, quarries, woods, rivers, waters, fishings, commo- dities, jurisdictions, royalties, privileges, franchises and preheminences, within the said territories, and the pre- cincts thereof, whatsoever, and thereto and thereabouts, both by sea and land, being or in any sort belonging or ap- pertaining, and which we by our letters patents, may or can grant, in as ample manner and sort, as we or any of our noble progenitors, have heretofore granted to any company, body politick or corporate, or to any adventurer or adventurers, undertaker or undertakers, of any disco- ANCIENT CHARTERS. 89 veries, Plantations, or trafiick, of, in or into any foreign 1609. parts whatsoever, and in as large and ample manner, as if the same were herein particularly mentioned and express- Ma y 23tl - ed ; to have and to hold, possess and enjoy, all and sin- 7th j ames gular the said lands, countries and territories, with all and 1st. singular other the premises, heretofore hy these presents v^-v-w granted, or mentioned to be granted, to them, the said Haben*» treasurer and company, their successors and assigns for- ever ; to the sole and proper use of them, the said treasu- rer and company, their successors and assigns for ever ; Tenure.- to be holden of us, our heirs, and successors, as of our manour of East Greenwich, in free and common soccage, and not in capite ; yielding and paying, therefore, to us, our heirs, and successors, the fifth part only of all ore of gold and silver, that from time to time, and at all times hereafter, shall be there gotten, had, or obtained for all manner of services. VII. And nevertheless, our will and pleasure is, and * >ro * lslon . , . r , for former we do. by these presents, charge, command, warrant, adventuv- and authorise, that the said treasurer and company, or e«"s. their successors, or the major part of them, which shall be present and assembled for that purpose, shall, from time to time, under their common seal, distribute, convey, assign, and set over, such particular portions of lands, tenements, and hereditaments, by these presents formerly granted, unto such our loving subjects, naturally born, or denizens, or others, as well adventurers as planters, as by the said company (upon a commission of survey and distribution, executed and returned for that purpose,) shall be nominated, appointed, and allowed; wherein our will and pleasure is, that respect be had, as well of the proportion of the adventurer, as to the special service, ha- zard, exploit, or merit of any person so to be recompenc- §d, advanced, or rewarded. VIII. And forasmuch, as the good and prosperous sue- 9 ne cou ! 1, cess of the said plantation cannot but chiefly depend, next £ n ordain, es- tablish and confirm, that there shall be perpetually one M 90 ANClEiNT CHARTERS. 1609. May 23d. 7th James 1st. 2d charter to the treasurer and com- pany of Virginia. Names of the mem- bers. Treasurer. Council \. Ireasnrei , how cho- sen and vacancu s supplied. council heje resident, according to thetenour of our for- mer letters patents ; which council shall have a seal, for the better government and administration of the said plan- tation, besides the legal seal of the company or corpora* tion, as in our former letters patents is also expressed. IX. And further, we establish and ordain, that Henry, Earl of Southampton, William, Earl of Pembroke, Hen- ry, Earl of Lincoln, Thomas, Earl of Exeter, Robert, Lord Viscount Lisle, Lord Theophilus Howard, James, Lord Bishop of Bath and Wells, Edward, Lord Zouehe, Thomas, Lord Lawarr, William, Lord Monteagle, Ed- mond, Lord Sheffield. Grey, Lord Chandois, John, Lord Stanhope, George, Lord Carew, Sir Humfrey Weld, Lord Mayor of London, Sir Edward Cecil, Sir William Wade, Sir Henry Nevil, Sir Thomas Smith, Sir Oliver Crom- well, Sir Peter Manwood, Sir Thomas Challoner, Sir Henry Hobart, Sir Francis Bacon, Sir George Coppiu. Sir John Scot, Sir Henry Carey, Sir Robert Drury, Sir Horatio Vere, Sir Edward Conway, Sir Maurice Berke- ley, Sir Thomas Gates, Sir Michael Sandys, Sir Robert Mansel, Sir John Trevor, Sir Amias Preston, Sir William Godolphin, Sir Walter Cope, Sir Robert Killigrew, Sir Henry Fanshaw, Sir Edwin Sandys, Sir John Watts, Sir Henry Montague, Sir William Romney, Sir Thomas Roc, Sir Baptist Hicks, Sir Richard Williamson, Sir Ste- phen Poole, Sir Dudley Digges, Christopher Brooke, Esq. John Eldred, and John VV olstenholme, shall be our Council for the said Company of Adventurers and Plan- ters in Virginia. X. And the said Thomas Smith we do ordain to be treasurer of the said company ; which treasurer shall have authority to give order, for the warning of the council, and summoning the company, to their courts and meet- ings. XI. And the said council and treasurer, or any of them s shall be from henceforth, nominated, chosen, continued, displaced, changed, altered, and supplied, as death, or other several occasions, shall require, out of the company of the said adventurers, by the voice of the greater part of the said company and adventurers, in their assembly for that purpose : Provided always, that every counsel- lor, so newly elected, shall be presented to the lord chan- cellor of Eugland, or to the lord high treasurer of Eng- ANCIENT CHARTERS. 91 land, or to (he lord chamberlain of the household ol us, 1609. our heirs, and successors, for the time being', to take his oath of a counsellor to us, our heirs and successors, for the said company of adventurers and colony in V r ir- Tsii James ginia. 3st ' XII. And we do bv these presents, of our special era re, pdcham certain knowledge, and mere motion, tor us, our heirs and treasurer successors, grant unto the said treasurer and company, & con >P»- and their successors, that if it happen, at any time or times, „J a -^ a the treasurer for the time being to be sick, or to have any such cause of absence from the city of London, as shall be allowed by the said council, or the greater part of them, assembled, so as he cannot attend the affairs of tint com- pany, in every such case, it shall and may be lawful for such treasurer for the time being, to assign, constitute and appoint, one of the council or company, to be likewise allowed by the council, or the greater part of them, assem- bled, to be the deputy treasurer of the said company; which deputy shall have power to do and exeeut? all things, which belong to the said treasurer, during such Depuiy time, as such treasurer shall be either sick, or otherwise W | )(!B n r ^ absent upon cause allowed of by the said council, or the haw ap- major part of them, as aforesaid, so full}' and wholly, and P°' nted in as large and ample manner and form, to all intents and purposes, as the said treasurer, if he were present, him- self might or could do and execute the same. XIII. And further, of our special grace, certain know- Council in ledge, and mere motion, for us, our heirs, and successors, England, we do, by these presents, give and grant full power and i° a PP oint authority to our said council, here resident, as well at this officers: present time, as hereafter from time to time, to nominate, & c make, constitute, ordain, and confirm, by such name or names, stile or stiles, as to them shall seem good, and likewise to revoke, discharge, change, and alter, as well all and singular governors, officers, and ministers, which already have been made, as also which hereafter shall be by them thought (it and needful to be made or used, for Mie government of the said colony and plantation ; XIV. And also to make, ordain, and establish all man- ner of orders, laws, directions, instructions, forms, and To esi« ceremonies of government and magistracy, lit ami neces- w j shf< «ra8 sarv, for and concerning the government of (lie said colo- nientTr"" ny and plantation ; and the same :it all tinv> hereafter, to ihe colon? 9£ ANCIENT CHARTERS. 1609. May 23d. 7th James 1st. Snd charter to the trea- surer and company of Virgin- ia. On notice of the ap- pointment of a Gov- enor by the treasu- rer &. com- pany, the powers of the termer governor &, council to cease. How new members may be ad- mitted, k. old ones disfran- chised, Privilege of mining. abrogate, revoke, or change, not only within the precincts of the said colony, but also upon the seas in going and coming, to and from the said colony, as they, in their good discretion, shall think to he fittest for the good of the adventurers and inhabitants there. XV. And we do also declare, that, for divers reasons and considerations ns thereunto especially moving, our will and pleasure is, and we do hereby ordain, that im- mediately from and after such time, as any such governor or principal officer, so to be nominated and appointed, by our said council, for the government of the said colony, as aforesaid, shall arrive in Virginia, and give notice un- to the colony there resident of our pleasure in this behalf, the government, power, and authority of the president and council, heretofore by our former letters patents there established, and all laws and constitutions, by them for- merly made, shall utterly cease and be determined, and all officers, governors, and ministers, formerly constituted or appointed, shall be discharged, any thing, in our for- mer letters patents concerning the said plantation con- tained, in any wise to the contrary notwithstanding; straightly charging and commanding the president and council, now resident in the said colony, upon their alle- giance, after knowledge given unto them of our will and pleasure, by these presents signified and declared, that they forthwith be obedient to such governor or governors, as by our said council, here resident, shall be named and appointed, as aforesaid, and to all directions, orders and commandments, which they shall receive from them, as well in the present resigning and giving up of their au- thority, offices, charges and places, as in all other attend- ance, as shall be by them, from time to time, required. XVI. And we do further, by these presents, ordain and establish, that the said treasurer and council here resident, and their successors, or any four of them, be- ing assembled (the treasurer being one) shall, from time to time, have full power and authority, to admit and re- ceive any other person into their company, corporation, and 1 eedomj and further, in a general assembly of the adventurers, with the consent of the greater part, upon good cause, to disfranchise and put out any person or per- sons, out of the said freedom and company. XVII. And we do also grant and confirm, for us, our heirs and successors, that it shall be lawful for the said ANCIENT CHARTERS. 9S treasurer and company, and their successors, by direction 1609. of the governors there, to dig and to search for all manner of mines of gold, silver, copper, iron, lead, tin, and all sorts of minerals, as well within the precinct aforesaid, 7ih James as within any part of the main land, not formerly granted ls( to any other; and to have and enjoy the gold, silver, cop- per, iron, lead, and tin, and all other minerals, to be got- 2t i charter ten thereby, to the use and behoof of the said company to thi- ol' planters and adventurers; yielding thereof, and paying g^j^. yearly, unto us, our heirs and successors, as aforesaid. ,, v f Vir- GfUil& a XVIII. And we do further, of our special grace, cer- tain knowledge, and mere motion, for us, our heirs, and Treasurer] successors, grant, by these presents, to and with the said and com- treasurer and company, and their successors, that it shall [^^ \" &y be lawful and free for them, and their assigns, at all and venturers every time and times hereafter, out of our realm of Eng- irom E|1 S- land, and out of all other our dominions, to take and lead e™eVhere into the said voyages, and for and towards the said plan- tation, and to travel thitherwards, and to abide and inha- bit there in the said colony and plantation, all such and so many of our loving subjects, or any other strangers, that will become our loving subjects and live under our obe- dience, as shall willingly accompany them in the said voyage and plantation; with sufficient shipping, armour, weapons, ordinance, munition, powder, shot, victuals, and such merchandizes or wares, as are esteemed by the wild people in those parts, cloathing, implements, furniture, cattle, horses, and mares, and all other things, necessary for the said plantation, and for their use, and defence, and trade With the people there; and in passing and re- turning to and fro; without yielding or paying subsidy, custom, imposition, or any other tax or duty, to us, our heirs or successors, for the space of seven years from the date of these presents: Provided, that none of the said persons be such, as shall be hereafter, by especial name, restrained by us, our heirs, and successors. Colonists XIX. And for their further encu-uragement, of our spe- from cus- cial grace and favor, we do, by these presents, for us, our J° ms ior heirs, and successors, yield and grant, to and with the ami Vlon', said treasurer and company, and their successors, and eve- taxes lor- ry of them, their factors, and assigns, that they and every ev "'P" of them, shall be free of all subsidies and customs in ,,tr cent. Virginia, for the space of one and twenty years, and from o» goods ali i axes and impositions, for ever, upon any goods or ! w t p0 w e ? gland. 34 ANCIENT CHARTERS. 1609. May 23 J. Tl!) James 1st. Second charter to the trea- surer and Company of Vinriri- Golonjsts may expel intruders, Duly on foreigners. merchandises, at any time or times hereafter, either upon importation thither, or exportation from thence, into our realms of England, or into any other of our realms or do- minions, by the said treasurer awd company, and their successors, their deputies, factors, or assigns, or any of them : Except only the five pounds per cent, due for cus- tom, upon all such goods and merchandizes, as shall be brought or imported into our realm of England, or any other of these our dominions, according to the ancient trade of merchants; which five pounds per cent, only be- ing paid, it shall be thenceforth lawful and free for the said adventurers, the same goods and merchandizes to ex- port, and carry out of our said dominions, into foreign parts, without any custom, tax, or other duty, to be paid to us, our heirs, or successors, or to any other our officers or deputies; Provided, that the said goods and merchan- dizes be shipped out, within thirteen months, after the first landing within any part of those dominions. XX. And we do also grant and confirm to the said treasurer and company, and their successors, as also to all and every such governor, or other officers and minis- ters, as by our said council shall be appointed to have power, authority of government and command, in or over the said colony or plantation ; that they, and every of them, shall and lawfully may, from time to time, and at all times for ever hereafter, for their several defence and safety, en- counter, expulse, repel, and resist, by force and arms, as well by sea as by land, and all ways and means whatso- ever, all and every such person and persons whatsoever, as (without the special licence of the said treasurer and company, and their successors) shall attempt to inhabit, within the said several precincts and limits of the said colony and plantation; and also, all and every such per- son and persons whatsoever, as shall enterprise or at- tempt, at any time hereafter, destruction, invasion, hurt, detriment, or annoyance, to the said colony and planta- tion, as is likewise specified in the said former grant. XXI. And that it shall be lawful for the said treasurer and company, and their successors, and every of them, from lime to time, and at all times for ever hereafter, and they shall have full power and authority, to take and sur- prise, by all ways and means whatsoever, all and every person and persons whatsoever, with their ships, goods, and other furniture, trafficking in any harbor, creek, or ANCIENT CHARTERS. 05 ce within the limits or precincts of the said colony and 1609. plantation, not being allowed by the said company to be •adventurers or planters of the said colony, until such time, ''- v as they, being of any realms and dominions under our 7th James obedience, shall pay, or agree to pay, to the hands of the lst - treasurer or of some other officer, deputed by the said v -""'v~^' governor of Virginia (over and above such subsidy and ?^ the*" ' custom, as the said company is, or hereafter shall be, to treasurer pay) five pounds percent, upon all goods and merchan- &cpmpa dizes so brought in thither, and also five per cent, upon "j^ all goods by them shipped out from thence ; and being strangers, and not under our obedience, until they have paid (over and above such subsidy and custom, as the said treasurer and company, or their successors, is, or hereafter shall be, to pay) ten pounds per cent, upon all such goods, likewise, carried in and out, any thing, in the -aid former letters patents, to the contrary notwithstand- ing; and the same sums of money and benefit, as afore said, for and during the space of one and twenty years, .-.hall be wholly employed to the benefit, use, and behoof of the said colony and plantation; and after the said one and twenty years ended, the same shall be taken to the use of us, our heirs and successors, by such officers and ministers, as by us, our heirs, or successors, shall be thereunto assigned and appointed, as is specified in the said former letters patents. XXII. Also, we do, for us, our heirs, and successors, declaic, by these presents, that all and every the persons, e / s v &the;; being our subjects, which shall go and inhabit within the posterity -aid eolonv and plantation, ande^ery of theirchildrenand ,0 , be , con ~ posterity, which, shall happen to be born within any the British limits thereof, shall have and enjoy all liberties, franchi- subject- and immunities of free denizens and natural subjects, within any of our other dominions, to all intents and pur- poses, as if they had been abiding and born, within this our realm of England, or in any other of our dominions. XXIII. And forasmuch, as it shall be necessary for all 1>owcr ot ' »uch our loving subjects, as shall inhabit within the said C j[ j n £„ precincts of Virginia, aforesaid, to determine to live to- gland, as ^eiher, in the fear and true worship of Almighty God, ,0Clv,la,ir: Pm • • i • i ■ ' i-ii religion^ L-lirisiian peace, and civil quietness, each with other, mA urr . whereby every one may, with more safety, pleasure, and profit, enjoy that, whereunto they shall attain with great pain, and peril ; we, for us, our heirs, and sueros«ors. are 96 ANCIENT CHARTERS. 1609. May 23d. 7(h James 1st. 2d charter to the treasurer &. compa- ny of Vir- ginia. likewise pleased and contented, and by these prsents, dt> give and grant unto the said treasurer and company, and their successors, and to such governors, officers and mi- nisters, as shall be, by our said council, constituted and appointed, according to the natures and limits of their offices and places respectively, that they shall and may, from time to time forever hereafter, within the said pre- cincts, of Virginia, or in the way by * sea thither and from thence, have full and absolute power and authority, to correct, punish, pardon, govern and rule, all such the subjects of us, our heirs and successors, as shall, from time to time, adventure themselves in any voyage thither, or that shall, at any time hereafter, inhabit in the precincts and territories of the said colony, as aforesaid, according to such orders, ordinances, constitutions, directions, and instructions, as by our said council, as aforesaid, shall be established ; and in defect thereof, in case of necessity, according to the good t discretions of the said governor and officers, respectively, as well in cases capital and cri- minal as civil, both marine and other; So always, as the said statutes, ordinances and proceedings, as near as con- veniently may be, be agreeable to the laws, statutes, go- vernment, and policy of our realm of this England. XXIV. And we do further, of our special grace, cer- tain knowledge, and mere motion, grant, declare and or- dain, that such principal governor, as from time to time. shall duly and lawfully be authorised and appointed, in manner and form in these presents heretofore expressed, shall have full power and authority, to use and exercise martial law, in cases of rebellion or mutiny, in as large and ample manner, as our lieutenants in our J counties, within this our realm of England, have or ought to have, by force of their commissions of Lieutenantcy. Penaityfor XXV. And furthermore, if any person or persons, ad- fraudulent- venturers or planters of the said colony, or any other, at •roods oth- an y t - lme ov tmies hereafter, shall transport any monies, er than to goods or merchandises, out of any of our kingdoms, with the port of ., pretence or purpose, to land, sell or otherwise dispose of tioii. the same, within the limits or bounds of the said colony. ahd yet nevertheless, being at sea, or after he hath landed within any part oH the said colony, shall carry the sani" Power of the gover- nor and council in Virginia. Martial !avv to be f ii forced in cases of rebellion or mutiny. MS, seas + MS. Directions : M3. Country? ANCIENT CHARTERS. 97 into any other foreign country, with a purpose there to 1609. sell ami dispose thereof; that then all the poods and chat- tels of the said person, or persons, so offending and trans- ported, together with the ship or vessel, wherein such 7th James transportation was made, shall be forfeited to us, our lsf - heirs and successors. XXVT. And further our v. ill and pleasure is, that in Construe- all questions and doubts, that shall arise, upon any diffi- tl l 011 of . , l . '. • r *\ • charters! culty oi construction or interpretation of any tiling - , con- to bPmosti taiued either in this, or in oursaid former letters patents, the favorai.ie same shall be taken and interpreted, in most ample and ,otrtj a >ur ' /» • i> • i j ei an< * beneficial manner lor the said treasurer and company, and company their successors, and every member thereof. XXVII. And further, we do, by these presents, ratify Former and confirm unto the said treasurer and company, and privileges their successors, all the privileges, franchises, liberties, and immunities, granted in our said former letters pa- tents, and not in these our letters patents revoked, altered, changed, or abridged. XXVIII. And finally, our will and pleasure is, and we Whoenti- do further, hereby, for us, our heirs, and successors, grant "edtoprv. and agree, to and with the said treasurer and company, a dventur- aod their successors, that all and singular person and per- ers. ions, which shall at any time or times hereafter adventure any sum or sums of money, in and towards the said plan- tation of the said colony in Virginia, and shall be admitted by the said council and company, as adventurers of the said colony, in form aforesaid, and shall be enrolled in the book of records of the adventurers of the said com- pany, shall and may be accounted, accepted, taken, held, and reputed, adventurers of the,. said colony, and shall and may enjoy all and singular grants, privileges, liberties, benefits, profits, commodities, and immunities, advantages, and emoluments, whatsoever, as fully, largely, amply, and absolutely, as if they, and every of them, had been pre- cisely, plainly, singularly, and distinctly, named and in- serted in these our letters patents. XXIX. And lastly, because the principal effect, which J° a ?"* rd we can desire or expect of this action, is the conversion * he super- and reduction of the people in those parts unto the true siitions of worship of God and Christian religion, in which respect ^j^e ' 1 we should be loath, that any person should he permitted N y» ANCIENT CHARTERS. the oath of t() p aS3j that we suspected to effect the superstitions of the toh'-' t<-i'-" V church of Rome; we do hereby declare, that it is our dereiltoall will and pleasure, that none be permitted to pass in any persons. voyage, from time to time to be made into the said coun- try, but such, as first sual! have taken the oath of supre- macy; for which purpose, we do, by these presents, give full power and authority, to the treasurer for the time being, and any three of the council, to tender and exhibit the said oath, lo all such persons, as shall, at any time, be sent and employed in the said voyage. Although express mention of the true yearly value or certainty of the pre- mises, or any of them, or of any other gifts or grants, by us or any of our progenitors or predecessors, to the afore- said treasurer ami company heretofore made, in these pre- sents is not made; oran}' act, statute, ordinance, provision, proclamation, or restraint, to the contrary hereof had, made, ordained, or provided, or any other thing, cause, or matter, whatsoever, in any wise notwithstanding. In witness whereof, we have caused these our letters to be made, patent. Witness ourself at Westminster, the 23d day of May, in the seventh year of our reign of England, France, and Ireland, and of Scotland the **** Per ipsum Regcm. Lutein* :1 Third Charter of K. James I. to the Treasurer aiul Company, for Virginia, (Dated March 12, 1GI1-2. Sixths Appendi No. 3.; Hunt 1. JAMES, by the grace of God, king of Engiand, d.arte. to Scotland. France and Ireland, defender of the faith; to surwand a " to whom these presents shall come greeting, Whereas, company at the humble suit of divers and sundry our loving for Virgin- syhjpcts, as well adventurers as planters of the first colo- ny in Virginia, and for the propogation of christian reli- ttfidtnl. gion, and reclaiming of people barbarous to civility and humanity, we have, by our letters patents, bearing date, at Westminster, the three and twentieth day of May, in the seventh }ear of our reign of England, France, and Ireland, and the two and fortieth of Scotland, given and ANCIENT CHARTERS. 9$ granted unto them, that they, and all such and so many of 161 1-2. our loving subjects, as should from time to lime for ever _ 13 after, be joined with them, as planters or adventurers in the said plantation, and their successors, forever, should 9th James, be one body politick, incorporated by the name of, The Treasurer and Company of Adventurers and Planters of ^^^^ the city of London for the first Colony in Virginia. tc * ^ c a ** II. And whereas also, for the greale good and benefit of the said company, and for the belter furtherance, strength- ening and establishing of the said plantation, we did fur- ther give, grant and confirm, by our said letters patents, Fovmei unto the said treasurer, and company, and their succes- Jjjj'jjj: sors, for ever, all those lands, countries, or territories, t cd. situate, lying, and being, in that part of America called Virginia, from the point of land, called Cape or Point Comfort, all along the sea coasts, to the northward, two hundred miles, and from the said point of Cape Comfort all along the sea coast, to the southward, two hundred miles, and all that space and circuit of land, lying from the sea coast of the precinct aforesaid, up or into the land, throughout from sea to sea, west and northwest, and also all the islands, lying within one hundred miles, along the coast of both the seas of the precinct aforesaid, with di- vers other grants, liberties, franchises, and preheminen- ces, privileges, profits, benefits, and commodities, grant- ed, in and by our said letters patents, to the said treasur- er and company, and their successors, for ever : III. Now, forasmuch as we are given to understand, Preamble. that in those seas, adjoining to the said coast of Virginia, and without the compass of those two hundred miles, by us so granted unto the said treasurer and company, as aforesaid, and yet not far distant from the said colony in Virginia, there are, or may be, divers islands, lying de- solate and uninhabited, some of which are already made known and discovered, by the industry, travel, and ex- pences of the said company, and Others edso are supposed to be and remain, as yet, unknown and undiscovered, all and every of which it may import ihe said colony, both in safety and policy of trade, to populate and plant, in re- gard whereof, as well for the preventing of peril, as for the better commodity and prosperity of the said colony, they have been humble suitors unto us, that we would be pleased to grant unto them * an enlargement of our said - and US 100 ANCIENT CHARTERS. 161 1—2. former letters patents, as well for a more ample extent of their limits and territories into the seas, adjoining to and upon the coast of Virginia, as also for some other mat- 9th James ters and articles, concerning the better government of the ,st - said company and colony, in which point our said former ^^^""^^ letters patents do not extend so far, as time and experi- ' char " ence hath found lo be needful and convenient: Extension IV. We therefore, tendering the good and happy suc- ot bounda- r t j ie j ( j p| an tation, both in regard of the general rics, so ns ' » " o to include t weal of human society, as in respect of the good of our all the is- own estate and kingdoms* and being willing to give fur- in<'\ithin therance unto all good means, that may advance the bene- S hundred fit of the said | company, and which may. secure the safe- leagues of t y of our lovitig subjects, planted in our said colony un- nfLt° n l ' ^er tne f avour at) d protection of God Almighty, and of our royal power and authority, have therefore, of our es- pecial grace, ■ e tain knowledge, and mere motion, given, granted, and confirmed, and for us, our heirs and succes- sors, wo do, by these presents, give, grant, and confirm, to the said treasurer and company of adventurers and plant- ers of the city of London for the first colony in Virginia, and to their heirs and successors, for ever, all and singu- lar those Islands whatsoever, situate and being in any part of the ocean seas bordering upon the coast of our said first colony in Virginia, and being within three hundred leagues of any the parts heretofore granted to the said treasurer and company, in our said former letters patents, as afore- said, and being within or between the one and fortieth and thirieth degreesof northerly latitude, together with all and singular soils, lands, grounds, havens, ports, rivers, wa- ters, fishings, mines, and minerals, as well royal mines of gold and silver, as other mines and minerals, pearls, pre- cious stones, quarries, and all and singular other commo- dities, jurisdictions, royalties, privileges, franchises, and preheminences, both within the said tract of land upon the main, and also within the said Islands and seas ad- joining, whatsoever, and thereunto or thereabouts, both by sea and land, being or situate; and which, by our let- ters patents, we may or can grant, and in as ample man- nev and sort, as we, or any our noble progenitors, have heretofore granted to any person or persons, or to any company, body politick or corporate, or to any adventur- t MS. whee.J. I MS. companies. ANCIENT CHARTERS. 101 March 12. Habend am. er or adventurers, undertaker or undertakers, of any dis- 1611-2. coveries, plantations, or traffick, of, in or into any foreign parts, whatsoever, and in as large and ample manner, as if the same were herein particularly named, mentioned, 9th James and expressed : Provided always, that the said Islands, or lst - any the premises herein mentioned, or by these presents ^-^"v-^w intended or ^ meant to be granted, be not actually pos- **<*»*■ sessed or inhabited by any other Christian prince orestate, nor be within the bounds, limits, or territories of the northern colony, heretofore by us granted to be planted by divers of our loving subjects, in the north parts of Virginia. To have and to hold, possess and enjoy, * all and singular the said Islands, in the said ocean seas so ly- ing, and bordering upon the coast and coasts of the terri- tories of the said first colony in Virginia, as aforesaid; with all and singular the said soils, lands, and grounds, and all and singular other the premises, heretofore by these presents granted, or mentioned to be granted, to them, the said f treasurer and company of adventurers and planters of the city of London for the first colony in Vir- ginia, and to their heirs, successors, and assigns, for ever, to the sole and proper use and behoof of them, the said treasurer and company, and their heirs, and succes- sors, and assigns, forever; to be holden of us, our heirs, Tenure, and successors, as of our manor of East Greenwich, in free and common socage, and not in capite; yielding and paying therefore to us, our heirs, and successors, the | fifth part of the ore of all gold and silver, which shall be there gotten, had or obtained, for all manner of services whatsoever. V. And further, our will and pleasure is, and we do, Additional by these presents, grant and confirm, for the good and *„ admit- welfareof the said plantation, and that posterity may here- ted after know, who have adventured and not been sparing of their purses in such a noble and generous action for the general good of their country, and at the request, and with the consent, of the company aforesaid, that our trus- ty and well beloved ^ subjects, George, Lord Archbishop of Canterbury, Henry, Earl of Huntington, Edward, Earl of Bedford, Richard, of Clanrickard, &c. who since our said last letters patents are become adventurers, and have joined themselves with the former adventurers and planters of the said company and society, shall from § MS. mean * MS. and and singular * MS. Treasurers. \ MB firtl 5 MS. subject. UN: itNLd RA 102 ANCIENT CHARTERS. 1611-2. henceforth, be reputed, deemed, and taken to be, and shall be brethren and free members of the company, and March 12. s j ia jj anc j m ay, respectively, and according to the propor- 9th James tion and value of their several adventures, have, hold and 1 st - enjoy all such interest, right, title, privileges, preheminen- ^^^s^s cies, liberties, franchises, immunities, profits, and commo- 3d char- dities, whatsoever, in as large, and ample, and beneficial manner, to all intents, constructions, and purposes, as any other adventurers, nominated and expressed in any our former letters patents, or any of them, have or may have, by force and virtue of these presents, or any our former letters patents whatsoever. Additional VI. And we are further pleased, and we do by these councillors p resen t Sj grant and confirm, that Philip, Earl of Mont- gomery, William, Lord Paget, Sir John Starrington,Knt. &c. whom the said treasurer and company have, since the said last letters patents, nominated and set down, as wor- thy and discreet persons, fit to serve us as counsellors, to be of our council for the said plantation, shall be reput- ed, deemed, and taken as persons of our said council for the said first colony, in such manner and sort, to all in- tents and purposes, as those who have been formerly elect- ed and nominated, as our counsellors for that colony, and • whose names have been or are inserted and expressed, in our said former letters patents. Courts or VII. And we do hereby ordain and grant, by these pre- i ".";" , " s sents, that the said treasurer and company of adventurers ol the trea- ' . . i n i i surer and iU1 °- planters aloresasd, slialJ and may, once every week company, or oftener, at their pleasure, hold and keep a court and hour con- assemo l v f or the better order and government of the said strutted, y ' . " plantation, and such things, as shall concern the same; and that any five persons of our council for the said first colony in Virginia, fur the time being, of which company the treasurer, or his deputy, to be always one, and the number of fifteen others, at the lea«t, of the generality of the said company, assembled together in such manner, as is and hath been heretofore used and accustomed, shall be said, taken, held, and reputed to be, and shall be a suffi- cient court of the said company, for the handling, and or- dering, and dispatching of all such casual and particular occurrences, and accidental matters, of less consequence ind weight, as shall from time to time, happen, touching and concerning the said plantation : ANCIENT CHARTERS. 103 VIII. And that nevertheless, for the handling, order- 1611-2. ing, and disposing of matters and affairs of greater weight and importance, and such as shall or may, in any sort, concern the *weal puhlick and general good of the said 9th James company and plantation, as namely the mannerof govern- lst * ment from time to time to be used, the ordering and dis- v ^T v 7 ta ' posing of the lands and possessions, and the settling and t er,jSic. establishing of a trade there, or such like, there shall be held and kept, every year, upon the last Wednesday, save 4 great & one, of Hillary term, Easter, Trinity, and Michaelmas g«wai r ill 11 courts tp terms, for ever, one great, general, and solemn assembly, bebeM which four assemblies shall be stiled and called, The four yearly Great and General Courts of the Council and Company of Adventurers for Virginia ; f in all and every of which said great and general courts, so assembled, our will and pleasure is, and we do, for us, our heirs, and successors, for ever, give and grant to the said treasurer and company and their successors, for ever, by these presents, that they the said treasurer and company, or the greater num- ber of them, so assembled, shall and may have full power and authority, from time to lime, and at all times hereaf- ter, to elect and choose discreet persons, to be of our said council, for the s>aid first colony in Virginia, and to no- minate and appoint such officers, as they shall think fit Their and requisite, for the government, managing, order- P ower ing, and dispatching of the affairs of the said company, and shall likewise have full power and authority, to or- dain and make such laws and ordinances, for the good and welfare of the said plantation, as to them, from time to time, shall be thought requisite and meet: so always, as the same be not contrary to the laws and statutes of this our realm of England ; and shall, in like manner, J have power and authority, to expulse, disfranchise, and put, out of and from their said company and society, for ever, all and every such person and persons, as having either promised, or subscribed their names, to become adventu- rers to the said plantation of the said first colony in Vir- ginia, fy or having been nominated for adventurers, in these or any other our letters patents, or having been otherwise admitted and nominated to be of the said com- pany, have nevertheless either not put in any adventure at all, for and towards the said plantation, or else have re * MS. w, with a blank after it t MS. in and every 1 MS. Iiave •ud authority , MS. of 104 ANCIENT CHARTERS. 1611-2. March 12. 9th J imes 1st. 3d char- ter, &c. TIip judg- es, atWesf- mjnister and else- where to favor suits i'or sub- scriptions. Treasurer fa compa- ny may ad- mit new adventur- ers fused and neglected, or shall refuse and neglect, to bring in his or their adventure, by word or writing promised, within six months after the same shall be so payable and due. IX. And whereas the failing and not payment of such monies, as have been promised in adventure for the ad- vancement of the said plantation, hath been often by ex- perience found, to be dangerous and prejudicial to the same, and much to have hindered the progress and pro- ceeding of the said plantation, and for that it seemeth un- to us a thing reasonable, that such persons, as by their hand writing have engaged themselves for the payment of their adventures, and afterwards neglecting their faith and promise, should be compelled to make good and keep the same ; therefore our will and pleasure is, that in any suitor suits, commenced or to be commenced, in any of our courts at Westminster, or elsewhere, by the said treasurer and company, or otherwise, against any such persons, that our judges for the time being, both in our court of chancery, and at the common pleas, do favour and further the said suits, so far forth as law and equity will, in any wise, further and permit. X. And we do, for us, our heirs, and successors, fur- ther give and grant to the said treasurer and company, or their successors, for ever, that they, the said treasurer and company, or the greater part of them, for the time being, so in a full and general court assembled, as afore- said, shall and may, from time to time, and at all times for ever hereafter, elect, choose, and admit into their company and society, any person or persons, as well stran- gers* and aliens, born in any part beyond the seas where soever, being in amity with us, as our natural leige sub- jects, born in any our realms, and dominions ; and that all such persons, so elected, chosen and admitted to be of the said company, as aforesaid, shall thereupon betaken, reputed, and held, and shall be, free members of the said company, and shall have, hold, and enjoy, all and singu- lar freedoms, liberties, franchises, privileges, immunities, benefits, profits and commodities, whatsoever, to the said company in any sort belonging or appertaining, as fully, freely, and amply, as any other adventurers, now being, or which hereafter at any time <=hn!l be of the said com- • MS a? tNGlENT CHARTERS 10S courage migration pany, hath, have, shall, may, might, or ought; to have and 1611-2, enjoy the same, to all intents and purposes whatsoe- * J l r Murcli 12. ver. -irw 1^1 e- Dili James XI. And we do further of our especial grace, certain 1st. knowledge, and mere motion, for us, our heirs, and sue- s-^-v-"*-' cessors, give and grant unto the said treasurer and com- 3d char- pany, and their successors, for ever, by these presents, er ' that it shall be lawful and free, for them and their as- May en signs, at all and every time and times hereafter, out of any our realms and dominions whatsoever, to take, lead, carry, and transport, in and into the said voyage, aud for and towards the said plantation, of our said first colony in Virginia, all such and so many of our loving subjects, or any other strangers, that will become our loving sub- jects and live under our allegiance, as shall willingly ac- company them in the said voyages and plantation ; with shipping, armour, weapons, ordinance, munition, powder, shot, victuals, and all manner of merchandises and wares, and all manner ofcloathing, implements, furniture, beasts cattle, horses, mares, and all other things necessary for the said plantation, and for their use and defence, and for trade with the people there, and in passing and returning to and from, without paying or yielding any subsidy, cus- lora, or imposition, either inward or outward, or any other duty, to us, our heirs, or successors, for the same, for the pace of seven years from the date of these present?, XII. And we do further, for us, our heirs, aud succes- v, sors, give and grant to the said treasurer and company, adminis- and their successors, for ever, by these presents, that the oaihs'of said treasurer of that company, or his deputy, for the allegiance time being, or any two other of the said council for the &c - said first colony in Virginia, for the time being, or any two other at all times hereafter and from time to time, have full power and authority to minister and give the oath and oaths of supremacy and allegiance, or either of them, to all and every person aud persons, which shall at any time or times hereafter go or pass to the said colony ID Virginia : XIII. And further, that it shall be lawful likewise for Certain \\\o. said treasurer, or his deputy, for the time being, or otheroatl any two or others of our said council for the s;tid first <;u- '"" y '"•"' .....,,. , ;, . . ministered lonv in Virginia, lor the time being, from time to time. <» 106 ANCIENT CHARTERS. 1611-2. and at all times hereafter, to minister such a forma! oath, as by their discretion shall be reasonably devised, as well Arc unto any person or persons, employed in, for, or touching 9th James the said plantation, for their honest, faithful, and just dis- li:t - charge of their service, in all such matters, as shall be '"T^T""' committed unto them for the good and benefit of the said ter, kc. company, colony, and plantation ; as also, unto such other person or persons, as the said treasurer or his deputy, with two others of the said council, shall think meet, for the examination or clearing of the truth, in any cause whatsoever concerning the said plantation, or any busi- ness, from thence proceeding, or thereunto belonging. Kecitai of XIV. And furthermore, whereas we have been certi- fromthc S ^ ec *? ^ lat divers l ew 'd ar >d ill-disposed persons, both sail- company, ors soldiers, artificers, husbandmen, labourers, and &.of mis- others, having received wages, * apparel, and other en- tations re- tertainment, from the said company, or having contracted specting it. and agreed with the said company, to go, or to serve, or to be imployed in the said plantation of the said first co- iony in Virginia, have afterwards either withdrawn, hid or concealed themselves, or have refused to go thither, after they have been so entertained and agreed withal ; and that divers and sundry persons also, which have been sent and employed in the said plantation of the said first colony in Virginia, at and upon the charge of the said company, and having there misbehaved themselves, by mutinies, sedition, or other notorious misdemeanors, or having been employed or sent abroad, by the governor of Virginia or his deputy, with some ship or pinnace, for our provision of the said colony, or for some discovery, or other business and affairs, concerning the same, have from thence most treacherously, either come back again and returned unto our realm of England, by stealth, or without licence of our governor of our said colony in Vir- ginia for the time being, or have been sent hither, as mis- doers and offenders ; and that man} 7 also of those persons, after their return from thence, having been questioned by our said council here, for such their misbehaviors and offences, by their insolent and contemptuous carriage in the presence of our said council, have shewed little re- spect and reverence, either to the place, or authority, in which we have placed and appointed them ; and others, for the colouring of their lewdness and misdemeanor* C I " I itliei ■iA char- ANCIENT CHARTERS. 10? committed in Virginia, have endeavored, by most vile and 161 1-2. slanderous reports, made and divulged, as well of the ,, ciT- ■ ■ i r.u . i l . March l 1 .'. country of Virginia, as also ot the government arid estate of the said plantation and colony, as much as in them lay, 9ih James to bring the said voyage and plantation into disgrace and lst - contempt; by means whereof, not only the adventurers and planters, already engaged in the said plantation, ter*&c^ have been exceedingly abused and hindered, and a great number of other our loving and well disposed subjects, otherwise well affected, and enchned to join and adven- ture in so noble, christian, and worthy an action, ha been discouraged from the same, but also the utter over- throw and ruin of the said enterprise hath been greatly endangered, which cannot miscarry without some disho- nour to us and our kingdom ; XV. Now, forasmuch as it appeareth unto us, that these insolences, misdemeanors, and abuses, not to be tolerated in any civil government, have, for the most part, grown and proceeded, in regard our said council have not any direct power and authority, by any express words in our former letters patents, to correct and chastise such offenders; we therefore, for the more speedy reformation of so great and enormous abuses and misdemeanor . heretofore practised and committed, and for the prevent- ing of the like hereafter, do, by these presents, for us, our heirs, and successors, give and grant to the said treasur- er and company, and their successors, for ever, that it shall and may be lawful for our said council for the said first colony in Virginia, or any two of them (whereof the said treasurer, or his deputy, for the time being, to be al- ways one) by warrant under their hands, to send for, or to cause to be apprehended, all and every .such person, Offenders and persons, who shall be noted> or accused, or found, at l abo l e cas . any lime or times hereafter, to offend, or misbehave them- es, how selves, in any the offences before mentioned and express- 0PP reh e n - ed; and upon the examination of any such onender or ot- punished. fenders, and just proof made by oath, taken before the said council, of any such notorious misdemeanors by them committed, as aforesaid ; and also upon any inso- lent and contemptuous, or indecent carriage, and misbe- haviour, to or against our said council, shewed or used by any such person or persons, so called, convented, and appearing before them, as aforesaid; that in all such . they, our said council, or any two of them, for the time being, shall and may have full power and authority, r CHARTERS. 1611-2. either here to bind them over with good sureties lor then good behaviour, and further therein to proceed, to all in- Alarch 12. f '•„ , ' - t - , ,. f ,., ' ... tents and purposes, as it is used, in other like cases, witn- 9th James in our realm of England ; or else, at their discretion to lst - remand and send them back, the said offenders, or any of V ^7^T^ them, unto the said colony in Virginia, there to be pro- ter, &c. ceeded against and punished, as the governor, deputy, or council there, for the time being, shall think meet; or otherwise according to such laws and ordinances, as are and shall be in use there, for the well ordering and good government of the said colony. Lotteries XVI, And for the more effectual advancing of the said «i for' the plantation, we do further, for us. our heirs, and succes- benrfit of sors, of our especial grace and favour, by virtue of our the colony, prerogative royal, and by the assent and consent of the Lords and others of our privy council, give and grant unto the said treasurer and company, full power and au- thority, free leave, liberty, and licence, to set forth, erect, and publish, one or more lottery or lotteries, to have continuance, and to endure and be held, for thespace of our whole year, next after the opening of the same; and after the end and expiration of the said term, the said lottery or lotteries to continue and be further kept, dur- ing our will and pleasure only, and not otherwise. And yet nevertheless, we are contented and pleased for the good and welfare of the said plantation, that the said treasurer and company shall, for the dispatch and finish- ing of the said lottery or lotteries, have six months warn- ing after the said year ended, before our will and plea- sure shall, for and on that behalf, be construed, deemed, and adjudged, to be in any wise altered and determined. Where XVII. And our further will and pleasure is, that the said lottery and lotteries shall and may be opened and held, within our city of London, or in any other city or town, or elsewhere, within this our realm of England, with such prizes, articles, conditions, and limitations, as to them, the said treasurer and company, as their dis- cretion shall seem convenient : Treasurer XVII I. And that it shall and may be lawful, to and and coin- . . . , , J , ' , pany may I0r the said treasurer and company, to elect and choose appoint of- receivers, auditors, surveyors, commissioners, or any ? n ' ( other officers, whatsoever, at their will and pleasure, for the belter marshalling, disposing, guiding, and governing 1st. ANCIENT CHARTERS. 109 die said lottery and lotteries ; and that it shall likewise be 16 11-2. lawful, to and for the said treasurer and any two of the -aid council, to minister to all and every such person so elected and chosen for officers, as aforesaid, one or 9th James more oaths, for their good behaviour, just and true deal- ing, in and about the said lottery or lotteries, to the in- tent and purpose, that none of our loving subjects, put- the i ottc . ting, in their names, or otherwise adventuring in the said rics, and general lottery or lotteries, may be, in any wise, defraud- JjJjJ'g"!?** edand deceived of their said monies, or evil and indirect- them. Iv dealt withal in their said adventures. XIX. And we further grant in manner and form afore- M ,, % said, that it shall and may be lawful, to and for the said lishthe treasurer and company, under the seal of the said council schemes for the plantation, to publish, or to cause and procure to be ° otte ri e c published, by proclamation or otherwise (the said procla- mation, to be made in their name, by virtue of these pre- sents) the said lottery or lotteries in all cities, towns, bo- roughs, and other places within our said realm of England ; and we will and command all f mayors, justices of peace, sheriffs, bailiffs, constables, and other officers and loving subjects, whatsoever, that, id no wise, they hinder or delay the progress and proceed- ings of the said lottery or lotteries, but be therein touch- ing the premises, aiding and assisting, by all honest good and lawful means and endeavours. XX. And further our will and pleasure is, that in allques- £^,7°' lions, and doubts, that shall arise, upon any difficulty J of charters construction or interpretation of any thing contained in these, or any other our former letters patents, the same shall be taken and interpreted, in most ample and benefi- cial manner for the said treasurer and company, and their 'uccessors, for ever, and every member thereof. XXI. And lastly, we do by these presents, ratify and * ox v ™* l es confirm unto the said treasurer and company, and their confirmed. successors, for ever, all and all manner of privileges, fran- hises, liberties, immmunities, preheminences, profits and commodities, whatsoever, granted unto them in any our former letters patents, and not in these presents re- cked, altered, changed, or abridged, although express mention of the true yearly value or certainty of the pre- es, or any of them, or of any other gift or grant, by us BVtM MS 110 ANCIENT CHARTERS. 1611-2. or any of our progenitors or predecessors, to the aforesaid ,. , , treasurer and company heretofore made, in these presents March 12. . , .. i« • • is not made ; or any statute, act, ordinance, provision, 9th James proclamation, or restraint, to the contrary thereof hereto- fore made, ordained, or provided, or any other matter, cause, or thing, whatsoever, to the contrary, in any wise, 1st. 3d Char ter, &c. notwithstanding. In witness whereof we have caused these our letters to be made patents. Witness ourself, at Westminster, the twelfth day of March, in the ninth year of our reign of England, France, and Ireland, and of Scotland the five and fortieth. Form of govern- ment for the first colony of Virginia. Two su- preme councils. An Ordinance and Constitution of the Treasurer Coun- cil, and Company in England, for a Council of State and General Assembly. (Dated July 24, 1621.— StitVs Appendix, M. 4.) I. TO all people, to whom these presents shall come, be seen, or heard, the treasurer, council, and company of adventurers and planters for the city of London for the first colony of Virginia, send greeting. Know ye, that we, the said treasurer, council, and company, taking into our careful consideration the present state of the said colony of Virginia, and intending by the divine assist- ance, to settle such a form of government there, as may be to the greatest benefit and comfort of the people, and whereby all injustice, grievances, and oppression may be prevented and kept off as much as possible, from the said colony, have thought fit to make our entrance, by order- ing and establishing such supreme councils, as may not only be assisting to the governor for the time being, in the administration of justice, and the executing of other duties to this office belonging, but also, by their vigilant care and prudence, may provide, as well for a remedy of all inconveniences, growing from time to time, as also for advancing of increase, strength, stability, and pros- perity of the said colony : II. We therefore, the said treasurer, council, and coni- pan}', *by authority directed to us from his majesty im- * Vide section XIV. and XXIM <>r (tic second charter, and section VIJT. of the third ANCIENT CHARTERS III tier the great seal, upon mature deliberation, do hereby 1621, order and declare, that, from hence forward, there shall be two supreme councils in Virginia, for the better govern- u y meat of the said colony aforesaid. Council of stale. nt» III. The one of which councils, to be called the coun- cil of state, (and whose office shall chiefly be assisting, with their care, advice, and circumspection, to the said governor) shall be chosen, uominated, placed, and displaced, from time to time, by us the said treasurer, council and company, and our successors : which council of state shall consist, for the present only of these persons, as are here inserted , viz. sir Francis Wyatt, * governor of Th ^" Virginia, captain Francis West, sir George Yeardley, knight, sir William Neuce, knight, marshal of Virginia, Mr. George Sandys, treasurer, Mr. George f Thorpe, de- puty of the college, captain Thomas Neuce, deputy for the company, Mr. Powlet, Mr. Leech, captain Nathaniel Pow- el, Mr. Christopher Davidson, secretary, Doctor Potts, physician to the company, Mr. Roger Smith, Mr. John Berkeley, Mr. John Roife, Mr. Ralph Hamer, Mr. John t Pountis, Mr. Michael Lapworth, Mr. Harwood, Mr. Samuel Macock. Which said counsellors and council and autho- we earnestly pray and desire, and in his majesty's name strictly charge and command, that (all factions, partiali- ties, and sinister respect laid aside) they bend their care and endeavours to assist the said governor j first and principally, in the advancement of the honour and service of God, and the enlargement of his kingdom against the heathen people; and next, in erecting of the said colony in due obedience to his majesty, and all lawful authority from his majesty's directions ; and lastly, in maintaining the said people in justice and christian conversation amongst themselves, and in strength and ability to with- nd their enemies. And this council, to be always, or for the most part, residing about or near the gover- nor. * It is to be noted, that the governor is always inserted in the old com missions, as a part, and the head of the council of state. .3. Thorne ; but as I am perfectly well acquainted with these names .-Hid persons, by perusing the ancient records, I shnll take the liberty o - correcting the erroi ber-- — Sitfft MS. Downtut 112 Ai\CIENT CHARTERS. 1621. July 24th. The other council to be called the general assembly, how cho- sen. Their duty. ;N'o law to be obliga- tory till ratified in a general quarter court in England. IV. The other council, more generally to be called fay the governor, once yearly, and no * ofteuer, but for j- very extraordinary and important occasions, shall consist J for the present, of the said council of state, and of two bur- gesses out of every town, hundred, or other particular plantation, to be respectively chosen by the inhabitants : which council shall be called The General Assembly, wherein (as also in the said council of state) all matters shall be decided, determined, and ordered by the greater part of the voices then present ; reserving to the governor always a negative voice. And this general assembly shall have free power, to treat, consult, and conclude, as well of all emergent occasions concerning the pubhck weal of the said colony and every part thereof, as also to make, ordain, and enact such general laws and orders, for the behoof of the said colony, and the good government there- of, as shall, from time to time, appear necessary or re- quisite ; V. Whereas in all other things, we require the said general asembly, as also the said council of state, to imi- tate and follow the policy of the form of government, laws, customs, and manner of trial, and other administration of justice, used in the realm of England, as near as may be even as ourselves, by his majesty's letters patent, are re- quired. VI. Provided, that no law or ordinance, made in the said general assembly, shall be or continue in force or va- lidity, unless the same shall be solemnly ratified and con- firmed, in a general quarter court of the said ^ company here in England, and so ratified, be returned to them un- der our seal ; it being our intent to afford the like mea- sure also unto the said colony, that after the government of the said colony shall once have been well framed, and settled accordingly, which is to be done by us, as by autho- rity derived from his majesty, and the same shall have been so by us declared, no orders of court afterwards, shall bind the said colony, unless they be ratified in J MS. officer. i MS. very and extraordinary important ; which likewise makes sense ; taking extraordinary adverbinlh. MS. for prescn* ■ MS Court ANCIENT CHARTERS. 118 like manner in the general assemblies. In witness 1621. whereof we have hereunto set our common seal the 24th of July, 1621, and in the year of the reign of our sove- Jll,y 24 ' h reign lord, James, king of England, See. the **** and — James »f Scotland the **** is'- COMMISSION TO SIR FRANCIS WYATT, &c. § toman/ of the ORDINANCE and CONSTITUTION oj the Treasurer, Council and Company in England, for a C nmril of State, and another Council to be called the GENERAL ASSEMBLY in Virginia, contained in a Commission to Sir Francis Wyatt, (the first Governor under that Ordinance and Constitution.) and his Connal. (Fiom Ancient Records, Vol. 3, containing Charters, Com- missions, $c) THE TREASURER and COMPANY'S Commis- Commi*. sion to Sir Francis Wuatt, Governor, and Council, 5I on 1o S " which said council are to assist the governor in the ad- Wyatt, &c ministration of justice, to advance Christianity among In- dians, to erect the colony in obedience to his majesty and in maintaining the people injustice and christian conver- sation, and strengthening them against enemies. The said governor, council, and two burgesses out of every town, hundred or plantation, to be chosen by the inhabitants to make up a general assembly, who are to decide all matters by the greatest number of voices; but the governor is to have a negative voice, to have power to make orders and acts necessary, wherein they are to imitate the policy of the form of government, laws, customs, manner of tryal, and other administration of justice used in England, as P 114 COMMISSION TO SIR FRANCIS WYATT, & c . 1621. the company are required by their letters patents. No July ii4th. law to continue or be of force till ratified by a quarter 7th Jamos court to be held in England, and returned under seal. — lst - After the colony is well framed and settled, no order of ^r^**" quarter court in England shall bind till ratified bv the sion to Sir general assembly. £*•'? Dated 24th July, 1621. VVvatt, *" Sic INSTRUCTIONS TO GOVERNOR WYATT. Instmc- BY instructions dated 24th July, 1621: To keep up turns to Sir religion of the church of England as near as may be; — Wyatt, &.c to De obedient to the king and do justice after the form of the laws of England; and not to injure the natives; . and to forget old quarrels now buried : To be industrious, and suppress drunkenness, gaming, and excess in cloaths; not to permit any but the council and heads of hundreds to wear gold in their cloaths, or to wear silk till they make it themselves : Not to offend any foreign princes; to punish piracies; to build fortresses and block- houses at the mouths of the rivers : To use meons to convert the heathens, viz. to converse with some; each town to teach some children fit for the college intended to be built : After Sir George Yeardley has' gathered the present year's crop, he is to deliver to Sir Francis Wyatt, the hundred tenants belonging to governor's place ; Yeard- ley's government to expire the ISih November next, and then Wyatt to be published governor ; to swear the coun- cil; George Sandis appointed treasurer, and he is to put in execution all orders of court about staple commodities; INSTRUCTIONS TO SIR FRANCIS WYATT, &c. 115 to whom is allotted fifteen hundred acres and fifty ten- 1621. ants. To the marshall Sir William Newce the same. To company's deputy the same. To the physician five Ju 'y 24th hundred acres and twenty tenants; and the same to the —^james secretary : To review the commissions to Sir George Yeardley, governor, and the council, dated 18th November, 1618, for dividing the colony into cities, boroughs, &c. and to observe all former instructions (a copy whereof was sent) if they did not contradict the present ; and all orders of court (made in England :) To make a catalogue of the people in every plantation, and their conditions; and of deaths, marriages and chris- tenings : To take care of dead persons' estates for the right owners ; and keep a list of all cattle, and cause the se- cretary to return copies of the premises once a year: To take care of every plantation upon the death of their chief; not to plant above one hundred pounds of tobac- co per head ; to sow great quantities of corn for their own use, and to support the multitudes to be sent yearly ; to inclose lands; to keep cows, swine, poultry, &c. and particularly kyne, which are not to be killed yet: Next to corn, plant mulbury trees, and make silk, and take care of the French men and others sent about that work; to try silk grass; to plant abundance of vines, and take care of the vignerors sent : To put prentices to trades, and not let them forsake their trades for planting tobacco, or any such useless commodity : To take care of the Dutch sent to build saw-mills, and seat them at the Falls, that they may bring their timber by the current of the water : To build water-mills* arid block-houses in every plan 'ation : That all contracts in England or Virginia be perform tJ. and the brf aches punished according to justice : 116 INSTRUCTIONS TO SIR FRANCIS WYATT, fee \ 1621. Tenants not to be inticednway ; to take ease of those sent about an iron work, and especially Mr. John Berke- uy " ley, that they dont miscarry again, this being the great- — James est hope and expectation oi" the colonies. 1st. To make salt, pitch, tar, soap, ashes, &c. so often re- commended, and for which materials had been sent; to make oyl of walnuts, and employ apothecaries in distilling lees of beer, and searching aiter minerals, dyes, gums, and drugs, &c. and send small quantities home: To make small quantity of tobacco,and that very good; that the houses appointed for the reception of new co- mers and public storehouses be built, kept clean, &c. to send the state of affairs quarterly, and a duplicate next shipping. To take care oi captain William Norton, and certain Italians sent to set up a glass house. A copy of a treatise of the plantation business and ex- cellent observances made by a gentleman of capacity is sent to lie among the records, and recommended to the councillors to study. Mr. William Clayborne, a surveyor, sent to survey the planters lands, and make a map of the country : Chief officers that have tenants reprimanded for taking- fees; but require that the clerks have fees set for passes, warrants, copies of orders, &c. Governor and council to appoint proper times for ad- ministration of justice ; and provide for the entertain- ment of the council during their session, to be together one whole month about state affairs, and law suits ; to re- cord plaints of consequence; to keep a register of thr acts of quarter sessions, and send home copies : If a governor dies the major part of council to choose one of themselves within fourteen days ; but if voices be liviclecl, the lieutenant governor shall have the place; and next the marshal!: next the treasurer; and one of the v \vo deputies next : Governor and chief officers not to let out their tenant* -^ isual. INSTRUCTIONS TO SIR FRANCIS WYATT, &c. 1 11 The governor only to summon the council, and sign 1621. warrants, and execute or give authority to execute coun- cil orders, except in cases that do belong to the marshall, uy " treasurer, deputies, Stc. — James 1st. The governor to have absolute authority to determine s^ry**' and punish all neglects, and contempts of authority, ex- cept the council, who are to be tried at the quarter ses- sions and censured. Governor to have but the casting voice in council or court, but in the assembly a negative voice. That care be taken that there be no engrossing commo- dity, or forestalling the market: All servants to fare alike in the colony, and their pu- nishment for any offences is to serve the colony, in pub- lick works : To see that the earl of Pembroke's thirty thousand acres be very good : To make discoveries along the coast, and find a fishery between James River and Cape Cod. As to raising staple commodities, the chief officers ought to set examples and to aim at the establishment of the co- lony : And lastly, not to let ships stay long, and to freight them with walnut, and any less valuable commodity. The governor administered the following oath to the council. 11 YOU shall swear to be a true and faithful servant " unto the king's majesty, as one of his council for Vir- " ginia: You shall in all things to be moved, treated, and " debated in that council concerning Virginia or any the " territories of America, between the degrees of thirty " four and forty five from the equinoctial line northward, "or the trades thereof, faithfully and truly declare your u mind and opinion, according to your heart and consci- ence ; and shall keep secret all matters committed and K revealed to you concerning the same, and that shall be " (mated secretly in that council, or this council of Vir- i 18 INSTRUCTIONS TO SIR FRANCIS WYATT, &c " ginia, or the more part of them, publication shall not (a) "be made thereof; And of all matters of great impor- " tance, or difficulty, before you resolve thereupon, you " shall make his majesty's privy council acquainted there- " with, and follow their directions therein: You shall to "your uttermost bear faith and allegiance to the king's " majesty, his heirs, and lawful successors, and shall as- "sist and defend all jurisdictions, preheminences, and au- "thorities granted unto his majesty and annext unto the "crown against all foreign princes, persons, prelates or " potentates whatsoever, be it by act of parliament or " otherwise: and generally, in all things, you shall do as a " faithful and true servant and subject ought to do. So " help you God and the holy contents of this book." (a) The word " not" inserted by the editor. It rs not in the MP. but i< vas certainly an omission of the transcriber mAW$ ( ow wmmmm* From the first Session of the Legislature in 1619, fyc. 05 s * IN June, 1619, the first Assembly ever held id Virginia was convened by sir George Yeardley, then Governor, and met at James Town ; which was at that time, and for many years afterwards, called '• James Citty." Some account of the acts passed at this session, (taken from the Ancient Records relating to Virginia,) is given in a note prefixed to the acts of 1623-4 ; being those of the earliest period now extant. In May 1620, we are told by historians, that another assembly was held in Virginia. Beverley, indeed, makes it the first legislature under the colonial government. But of the acts of this assembly there is no mention iu the proceedings of the London Company; a circum- stance which renders it extremely doubtful whether such an assembly was, in fact, ever held. In November and December 1621, another assembly was held : mall " c" nearly resembles the letter "o" with a horizontal cross near the top; — the small " s" is exactly like the small round Greek sigma, with a circumflex proceeding from the top. " This whs in commemoration of the escape of the colony from entire extirpation by the fatal massacre of the Indians on the 22d of March, ■ Sae Bark's Hbt vhfc.vol 1,p 24p. LAWS OF VIRGINIA. selves from their Church. Penalty for dispa- raging a minister. Ministers »o he satis- fied before any tobac- vo dispos- ed of. above fowre months in the year shall forfeit his whole, means and cure. That whosoever shall disparage a minister without bringing sufficient proofe to justify his reports where- by the mindes of his parishioners may be alienated from him, and his ministry prove the less effectual by their prejudication, shall not only pay 500lb. waight of tobacco but also aske the minister so wronged forgiveness publickly in the congregation. That no man dispose of any of his tobacco before ?he minister be satisfied, upon pain of forfeiture dou- ble his part of the minister's means, and one man of every plantation to collect his means out of the first and best tobacco and corn. .Limitation of the power of the Go- vernor as to taxes k. imposi- tions. Governor yot to withdraw the inha- bitants from their labours for his own ser- vice. 8, Certain ©Id plan- ters and their pos- terity ex- empted from mili- tary ser- vice 9. That the Governor shall not lay any taxes or ym- positions upon the colony their lands or comodities other way than by the authority of the General As- sembly, to bo levyed and ymployed as the said As- sembly shall appoynt. The governor shall not withdraw the inhabitants from their private labors to any service of his own upon any colour whatsoever and in case the publick service require ymployments of many hands before the holding a General Assemblie to give order for the same, if) that case the levying of men shall be done by order of the governor and whole body of the counsell and that in such sorte as to be least bur- thensome to the people and most free from partiali- 10. That all the old planters that were here before or came in at the last coming of sir Thomas Gates they and their posterity shall be exempted from their personal service to the warrsand any publick charge (church duties excepted) that belong particularly to their persons (not exempting their families) excep' -uch as shall be ymployd to command in chief. .MARCH, 162o-4— 21st JAMES 1st. 12-5 1 1 . That no burgesses of the General Assembly shall be Burgesses arrested during the time of the assembly, a week be- {?."*j e a g r * d fore and a week after upon pain of the creditors for- rests, feiture of his debt and such punishment upon the of- ficer as the court shall award. 12. That there shall be courts kept once a month in the Monthly corporations of Charles City and Elizabeth Citty for C0l,rts the decyding of suits and controversies not exceeding the value of one hundred pounds of tobacco and for jurisdic punishing of petty offences, that the commanders of tion. the places and such others as the governor and coun- cil shall appoint by commission shall be the judges, Right of with reservation of apeal after sentence to the gover- a PP eal - nor and counsel! and whosoever shall appeal yf he be there cast in suit shall pay duble damages, The com- manders to be of the quorum and sentence to be given by the major parties. 13. That every privatt planters devident shall be sur- Lands u» veyed and laid out in several and the bounds recorded b ^ Sl,rve >'" by the survey ; yf there be any pettie differences be- bounds re- twixt neighbours about their devidents to be divided corded. by the surveyor if of much importance to be referred governor to the governor and counsell : the surveyor to have and conn- 10 lbs. of tobacco upon every hundred acres. al 14. For the encouragement of men to plant store of Price oi corne, the prise shall not be stinted, but it shall be to b c "imu free for everv man to sell it as deere as he can. ed 15. That there shall be in every parish a publick gar- Public nary unto which there shall be contributed for every gnuiery planter exceeding the adge of 18 years alive at the livery ' crop after he hath been heere a year a bushel! of parish, corne, the which shall be disposed for the publique uses of every parish by the major part of the freemen, the remainder yearly to be taken out by the owners at St. Tho's his day and the new bushel! to be putt in 'lie roomf. 126 LAWS OF VIRGINIA, Persons to be ap- pointed to see that a sufficiency of corn be planted. Trade for corn with the sava- ges pro- hibited. Regula- tions as to planting vines and mulberry trees. Proclama- tion against swearing and drun- kenness confirmed, &c. 16. That three sufficient men of every parish shall be sworne to see that every man shall plant and tende suf- ficient of corne for his famity. Those men that have neglected so to do are to be by the said three men pre- sented to be censured by the governor and counsell. 17. That all trade for corne with the salvages as well publick as private after June next shall be prohibited. 18. That every freeman shall fence in a quarter of an acre of ground before Whitsuntide next to make a garden for planting of vines, herbs, roots, &c. sub- poena ten pounds of tobacco a man, but that no man for his own family shall be tyed to fence above an acre of land and that whosoever hath fenced a garden and of the land shall be paid for it by the owner of the soyle ; they shall also plant Mulberry trees. 19 The proclamations for swearing and drunkenness sett out by the governor and counsell are confirmed by this Assembly ; and it is further ordered that the churchwardens shall be sworne to present them to the commanders of every plantation and that the for- feitures shall be collected by them to be for publique uses. Ships not to break bulk till they ar- rive at James City. 20. That a proclamation be read aboard every ship and afterwards fixed to the maste of such in, prohibiting them to break boulke or make privatt sales of any commodity until James City, without special order from the governor and counsell. Rates of 21. That the proclamation of the rates of commodities be still in force and that there be some men in every vies- plantation to censure the tobacco. Weights 22. and mea- urei ', That there be no weights nor measures used but such as shall be sealed by officers appointed for that purpose. MARCH, 1623-4— 21st JAMES 1st. 121 23. That every dwelling house shall be pallixaded in tor J*** 11 ™! defence against the Indians.* be paiisa- doed: 24. That no man go or send abroad without a sufficient Precaution as to ar'" i»g men mi j as to arm- partie will armed. 25. That men go not to worke in the ground without The samL their arms (and a centinell upon them.) Inhabit- ants not to absent themselves 26. That the inhabitants go not aboard ships or upon to0 much any other occasions in such numbers, as thereby to from their weaken and endanger the plantations. P' anta " 27. That the commander of every plantation take care ^^"o that there be sufficient of powder and amunition with- p0 wder in the plantation under his command and their pie- a™* arms ces fixt and their arms compleate. 28 That there be dew watch kept by night. Watch. 29. That no commander of any plantation do either J£ t w J bc himselfe or suffer others to spend powder unneccessa- unnecessa vily in drinking or entertainments, Stc. riI y s r ent m. That such persons of quality as shall be founde de- q Jai° t J,de- linquent in their duties being not fitt to undegoe cor- linquents, poral punishment may notwithstanding be ympri- ^0™°' boned at the discretione of the commander St for pun i s h- irreater offences to be subject to a ffine inflicted by meat to be the monthlic court, so that it exceed not the value |, mpr ' son ' aforesaid. 31. That every man that hath not contributed to the finding a man at the castell shall pay for himself and Castle du ties. i his and lh< lubsequeat acts frew out of the situation o*' *lt< im thi bite massa* t\ I2ti LAWS OF VIRGINIA. servants five pounds of tobacco a head, towards the discharge of such as had their servants there. When to tali on the savages, and provi- sion for the woun- ded, 32. That at the beginning of July next the inhabitants of every corporation shall fall upon their adjoyning salvages as we did the last yeare, those that shall be hurte upon service to be cured at the publique charge; in case any be lamed to be maintained by the coun- try according to his person and quality. Taxes. 33. That for defraying of such publique debts our trou- bles have brought upon us. There shall be levied 10 pounds of tobacco upon every male head above sixteen years of adge now living (not including such as arrived since the beginning of July last.) Obedience eo superi- ors. 34. That no person within this colony upon the rumur of supposed change and alteration, presume to be disobedient to the present government, nor servants to their private officers, masters or overseers at their uttermost perills. Uommis- 35. That Mr. John Pountis, counsellor of state, goin woner sent t0 England, (being willing by our intreatie to ac= c land cept of that imployment.) to solicite the general cause of the country to his majesty and the counsel), towards the charges of which voyage, the country consente to pay for every male head above six- teen years of adge then living, which have been here a yeare ffour pounds of the best merchantable tobacco, in leafe, at or before the last of October next. Subscript. Sir Francis Wyatt, Knt. Governor, &c. Capt Fran's West, John Pott, Sir George Yeardley, Capt. Roger Smith, George Sandys Trear, Capt. Raphe Hamer. John Pountis. LAWS OF VIRGINIA. 129 William Tucker, Nathaniel Bass, Jabez Whitakers, John VVillcox, William Pecine, Nicho: Marten, Rauleigh Croshaw, Clement. Dilke, Richard Kingsmell, , Isaeck Chaplin, Edward Blany, John Ccw, Luke Boyse, John Ulie, John Pollington. John Southernc, Nath'l. Causey, Richard Bigge, Robert Addams, Henry Watkins, Thomas Harris, Gabriel Holland, Richard Stephens, Thomas Morlatt, Copia Test, R. HICKMAN, CI. Sec. off. fcj* FROM the year 1623 to 1629 there is no no. tice taken, in the proceedings of the London Com- pany, of any assembly having been held in Virginia, except what can be gathered from the answer of the General Assembly to the letter of King Charles the 1st, of the 16th of June, 1628, recommending the introduc- tion of various staple commodities. This answer bears date the 26th of March, 1628-9, is faithfully abridged in the Ancient Records (vol. 3, pa. 211) and an entire copy is preserved in the MS. containing the acts of six sessions from October, 1629, to August, 1633, with which the editor has been favoured by Mr. Jefferson. — (See note prefixed to Acts of 1629.J During the above period, the governor and council, by proclamation, seem not only to have exercised legis- lative powers, but to have enforced in this manner laws of the General Assembly previously enacted. In some instances, reference is made in the proclamations to pre-existing laws (which were probably directed by the legislature to be promulgated in that way;) in others they appear to proceed entirely from the governor and council. Thus, in 1626, we find a proclamation, by the governor and council, prohibiting the trading with In- dians for corn, there being a great scarcity of that arti- ■* cle. In the same year there is a proclamation "con- cerninge divers orders about merchandisinge," which R A 3D LAWS OF VIRGINIA contains regulat ions (o be observed on the arrival of the ships from England, prohibitions against ingrossing, &c. and buying goods to sell again by retail ; also, against any person's going on board a vessel, except a member of the council, without a warrant from the go- vernor. — There is also a proclamation of the same year, reciting a former act of assembly, and requiring, under severe penalties, that those who had neglected to pa- lisado their houses, should do it by a given time. 1627. April 12th, a proclamation "To be careful " of the Indians." August 1st, " Concerning the in- " tent of paling in the forest.'' December 4th. " For " paying of debts." 1628. April 4th, a proclamation, ''concerning the : ' Indians." April 30th, " forbidding to marry with- "out lycence" or asking in church: — Same day — " Con- cerning the plantinge of tobacco and corn." This proclamation, which is said to have been made " by " the governor together zoiih the advice of the covncell " of state, and general assembly, upon full debate and " consideration of the premises," directs that such a reasonable proportion of tobacco shall be planted, only, as may be cultivated without injury to a plentiful crop of corn ; — that the plants should be set at least four feet and a half apart, and that not more than twelve leaves should be gathered from a plant ; — and finally, that great care should be taken not to burn it in the sweating. August 12th, another proclamation "Con- cerning the Indians," which had for its object the con- clusion of a treaty of peace with them. 1623-9. March 20th. On this day eighteen com- missions, all of the same tenor, issued (or perhaps were only reneiued, as appears from an indorsement on the manuscript) constituting the person to whom each was addressed, either Commandkr or Principal Command- er of Plantations. On the same day two commis- sions issued appointing Commissioners for holding Monthly Courts, in different parts of the colony. As the power and jurisdiction of these officers both in their military and civil capacities, are fully express- ed in their commissions, a form of each is inserted. FROM 1G23 TO 1629. 13* COMMISSION TO A COMMANDER OF PLANTATIONS. ' Bv the Governor and Captmne Generall of Virginia. " TO all to whome these presents shall come, 1 John Rp,,t ' 11 Pott, Esq. Governor and Captaine General of Vir- 11 ginia, send greeting, in our Lord God everlasting ; " whereas the affaires of this colony doe necessarily t( require that men of sufficiency and experience bee '•' appoyntedto command and governe the several plau- " tations and inhabitants within the same, both for the " better order of government in the conservation of " the peace and in ihc execution of such orders and " directions as from tyme to tyme shall be directed " unto them, as alsoe for the preventing and avoyding "of such mischiefes as may happen unto us by the in- "trusions and practizes of the Indians ourirreconcile- " able enemies; Now know ye, that I the said John Appointment. " Pott out of the good opinion I conceive of the dis- " cretion, care and circumspection of lieutenant Edward '• Waters doe by these presents, with the consent of the " councell of state, constitute and appoynt him the said " Edward Waters to bee the present Commander of " and for the plantations within the precincts of Eliza- Precinct. " beth Citty lying and being on Southampton river " and extending towards Fox-Hill and the places " thereabouts. Gyving and by these presents grant- Power. " ing unto him full power and authority to doe, exe- " cute and performe all such matters and things as are "incident and appertayning to the place and office of " Commander there. Reserving allwaies untoCapt. Exception. " Thomas Perfury all such privileges and authori- u ties as are appertayning to the place of principale " commander there. (a) Willing and requiiing him Dun- " the said Edward Waters to see that all such orders (a) The commissions to the principal commanders, are the same, mulalu mutandis ; only Btyling them principal commanders, and omit »inp whatever n.-hiw* to the reservation of power in this conminion 132 LAWS OF VIRGINIA. " as heretofore have beene or hereafter shall be givcu " by the Governor and Councell bee duly executed and Assistants. " observed. Hereby alsoe chardging all persons re- " siding and beemg, or which hereafter shall reside or " bee within the same to yeild due respecte and obedi- " ence unto him the same Edward Waters, and to bee " ayding and assisting unto him in all things w hich unto Conclusion. " him or them respectively do belong or appertayne. " In Witness whereof I have hereunto sett my hand " and the scale of the colony the twentieth day of " March 162S-9, and in the fourth yeare of the reigne " of our sovereign Lord Charles, by the Grace of God " of England, Scotland, France and Ireland, king de- " fender of the faith, &.c. and in the two and twentieth " ( D ) > cur °f t - n,s plantation." (b) In all the public papers of this period th^ first settlement of the colony is computet! from the year 1607 ; from the arrival of the expedition in the Chesapeake, on the 26th of April in that year, under the command of JSewport, 6tc. COMMISSION APPOINTING COMMISSIONERS TO HOLP MONTHLY COURTS. Becitai Of order of court. •By the Governor and Captaine Generall of Virginia. "TO all to whome these presents shall come, I John "Pott, Esq. Governor and Captain Generall of Vir- t: ginia, send greeting, in our lord God everlasting. " Whereas for the greater ease of the inhabitants " of dyverse parts of this colony, and for the better " conservation of the peace, and due execution of "such laws and orders as are or shall bee established " for the government of the people and inhabitants " in the same, the: Governor and Councell have thought " fitt, and accordingly appoynted by an order of " cort made the 7th daie of Marche last past, that " there shall be monthly corts held and kepte in " some of the more remote plantations thereof; Now FROM 1623 TO 1629. 1{JQ " knowe ye that according to the said order, these ; ' persons whose names are here inserted, are for the " tyme being assigned and appoynted to be the pre- " sent commissioners of and for the holding and keep- Commissions " ing of monthly corts within the corporation of Eliza- '^'' ,t y " beth Citty and the partes near adioyning, viz. Capt. " Thomas Purfury, Capt. Edward Waters, Lieut. " Thomas Willoughby, Lieut. George Tliomp^o'-. " Mr. Adam Thoroughgood, Mr. Lyonell Co* " Mr. William Kempe and Mr. John Downman ; • i Q-'orum. " sayd comissioners, or any three of them v. hi " Capt. Thomas Purfury or Lieut. Edward Wbieis to " be alwaies one, shall have power and authority to :: heere and determine all such suits and controvert ■• sies between party and party as exceede not the va- Jurisdiction " lueof one hundred pounds of tobacco, especially that " they take into theire care the conservation of the " peace, the quiet government and safety of the peo- " pie there residing or being, and that all orders and ;t proclamations bee kepte and observed and according " to the same to inflicte a punishment upon all de- ; ' linquents either by fine or otherwise (such offences " only excepted as concerne the taking away of life or " member.) Provided alwaies, that it shall be law- Right °f»p- " ful for the plaintiff or defendant in any suit before pfi " the said commissioners depending, to appeall to the " cort at James Citty there holden by the Governor " and Councill. And they are hereby required from " tyme to tyme to keepe recordes of all judgments, Rrrorris William Allen. plantation ) flor Jurden's Journey — William Popkton. flor Chaplaines Choice — Walter Price. flor Westover — Christopher Woodward. flor Flowerdieu* Hundred — Anthony Pagett. flor James Citty 1? '' F . „ J ( Mr. Kjugsmell. ffor Paces Paioes's i ^WilUara **"*' ( John bm\th. flor the other side of ( Capt John West, the water \ Capt- flellgate. flor Pasbehay — Thomas Bagwell. ffor the necke of land — Richard Brewster. «• L * '■ > ti ( Theodore Moysee, ilor Archer s Hope j rp, . j* < The plantations be- C between Archer's! Mr. JohnUtie, Hope and Mar-"S Richard Townsend. tin's Hundred 1 A . tt ill ( John Chew, ilor Hogg Island \ . , , m ( Richard Iree. * In Slilh and other historians called Flower <*<• Hundred. OCTOBER, 1629— 5th CHARLES 1st. £ Tho. Kingston. I Tho. Sawcett. ' Hbr Martin's Hun- dred - -. ,, ,ii^ Tho. Harwood, (For Mulbury Hand j Plicuip | ace Clause. ("Christ. Stokes, «■ tit- • i I Tho. Ceely, fforWarwiekenveH Tho> inint ^ (^Zachary Cripps. ("Capt. Nath'l Basse, „ „. , ! Richard Bennett, ftorWarosquoyacke^ Robert Savin, ^Tho. Jurdain. fforNuttmeggQuar- £ William Cole, I William Bentley. ter fforEliz: Citty < Left. Thomson, Mr. English, Mr. Adam Thorowgood, i Mr. Rowlston, | John Browning, ^John Dowman. ffor the Easterne shoare, noe burgesses did appear. T'ie oathes of supremacy and alleidgeance were ad- ministered to the governor and councell and after- wards to all the burgesses. 139 ACT I.* AFTER debate of many matters, it zoas thought a bu- ' ss "f great benefitt and good consequence to send and maintain'- a company of men to plant corne at Kis- kyacke, the charges of building to be borne equally by corn > A company of man to be sent to Kisky- ackc to plant " The acts of this session am not numbered ; nor are (hey separat- ed (ruin each other by any mark whatever. They appear rather like a journal : i ontaioing an account <>f the joint deliberations of the go- rernor, council and b For the conveniency of reference, F have divided them into Alt, for reasons explained in a note lo the .. •- ..>' 1623 J4© LAWS OF VIRGINIA, wboarpto a l| that should bee the adventurers, and to bee there kod to 'them se:Urc ' '•> the 1 5th ot November next. Whereuppon ana their voluntarily the Governor offered to find 3 men. 1,cirs - Capt. Mathewes 4 Mr. ffarrar 1 Mr. Thorowgood 4 Mr. English - 2 Mr. il lint 4 Mr. Rowlston 2 Capt. Basse 1 Mr. Mar wood 1 Mr. Bennett 1 Goodman Tree 1 Tho. Si rly 1 Capt. Petrce 2 IT was ordered they should have shares of land to them and their heirs. ACT II. « Commanders r'li ■ } 7 i ,- i n of plantations ll IS . oriicrei '- that every commander ot the several! to levy a force plantations appointed by commission from the govern- to be employed r shall have power and authoritie to levy a partie of against the In- ri-ii- ci i J ' diaus. men out o} tne inhabitants of that place soe many as may well be spared without too much weakening of the plantations and to imploy those men against the Indians, when they shall assault us neere unto our ha- bitations, or when they in their discretion shall deemc it convenient to cleare the woods and the parts ncere adioyning uhen the Indians shall bee a hunting or when they have any certaine knowledge of the Indian's mnndercan- aboad in those P laces - And if there shall be cause not attend, he that the commander in person can not attend these must appoint services, then in such cases, and in his absence hco i< hjs deputy. to appoint his deputie. ACT Hi. Three several IT was the opinion of the whole bodie of the Assembly ^pedi- that we should go three severall marches upon fhr OCTOBER, 1629— 5th CHARLES 1st. 141 Indians, at three severall times of the yeare, viz. first 'ions to be in November, secondly in March, thirdly in July, against the In To effect this the collony and inhabitants are to bee di- dians. vided into knver divisions. The plantations of the up- per parts as farr dovvnewards as Weanoacke Marsh, and fflowerdieu hundred creek on both sides the river to cleare those parts and territoryes. and to doe all manner of spoile and offence to the Indians that may possibly bee effected. The second division to extend from fflowerdieu hundred creeke and Weanoacke Marsh, as farr dovvnewards as the creeke belowe Hogg Island, and to include the whole corporation of James Cittie and Martin's Hundred, and the plantations of Mulbury Island under the command of capt. Smyth. The third division to be the plantation of Warosquoy- acke, and those inhabitants to cleare the grounds and lands betweene Hogg Island creeke and Nansamunge river. There remaine for a fourth division Elizabeth Cittie. Warwicke River, IN utltnegi; Quarter, Accawmacke,the plantation at Kiskyaeke and the places adioyning ; to goe trtise uppon the Indians in Pamunky river, viz. once before the frost of Christmas, *k. the other in June, July or Ausrust, as alsoe uppon those lands, between Nansamunge river and the river of Chesepeyacke. And it is concluded that the plantations of Accawmacke shall assist them against the Pamunky Indians in the summer time with every fift man out of the inhabi- tants. ACT IV. IT ivas putt to the question whether all new comers New comers shall bee restrained from planting tobaceo the first veare not to l>e re * d 4 i i - j *. r it , " , strained from they to bee exempted from all taxes, and marches planting tobac- for that yeare. The inaior part would have no re- cothelstyearj straint made to new comers. ?'" exen »P t « d from rnarch.es against the In- dians. ACT V. IT was put to the question whether for this yeare there The planting should be an ordinance made and established for of l0,)a,co •' the stinting of the planting of tobacco. To this the "rtairmum !42 LAWS OF VIRGINIA, b « h^ / a " ,S .°P imon °^ t,ie most voices was, that noe persons worke ing the ground, which are all to be thithable, should plant above 3000 plants uppon an head. An exception is made where the familie consisteth of children and woemen which doe not worke in the ground, and they to plant not above 1000 plants per pol. In case any family shall be aggrieved by this or- der consisting of some nomber of woemen and chil- dren, It is thought fitt that in speciall cases the Go- vernor and Councell to order them a further propor- tion. ACT VI. a 4 nTOen«e° n THESE charges following were allowed by the law General Assembly, viz : Imprimis. To Mr. Marshartt for 16 carriadges for ordinance, there is allowed for his account of £. 20S 04s 02d. fovvre thowsand five hundred weight of tobacco, soe that the remainder that was not paid unto him last yeare shall be fully paid and deliver- ed unto him this yeare, or his assignes, lbs. 4500 Item. Six barrells of powder, bought of Capt. Crampton, and yet unspent, 0900 Item. One hhd. of wyne, spent in the march, 0255 Item. One ancor lost in the march out of Lieut. Thompson his boate, 0050 ffor shott which Sr. George Yeardley bought of Mr. Mayhow and provision to sett out his ship, 0428 ffor 300 of fish bought of Mr. Menefie, 0090 ffor one barrell of pease spent in the shipp, 0050 To Mr. Claybournc for siiott spent in the marches in Sr. George his time, and this yeare 1629, 0500 ffor one hundred of shott more, bought of Mr. Barrington. & 1*2 of biscuite for Chickaho- miny, 0047 For Ct. Poole's entertainement this yeare, 1200 OCTOBER, 1629 — 5th CHARLES 1st. 143 [The lines following the above, are so obliterated as not to be legible till we come to the words " his le^g which hee received in the country's service;" from which we may infer that the above item is on account of a wound received by Cant. Poole.] [t is also ordered that the three Indians here resid- Certain Is ing shal be maintained by the General charge of the (!irms t0 br ... •/. c o supported whole colony. To defray all die charges above said the whole As- Poll tax sembly concluded that there should be five pounds of tobacco per pol levyed through the colony. It is further concluded and ordered that every master How collector: of a family, and every freeman that is to pay five pounds of tobai co per pol as aforesaid for the defraying of publique charges, shall bring the same ,unto the Houses of the Burgesses of the plantations within two dayes after notice thereof given unto them. And if any shall faile to bring in the same, it is thought fitt that by virtue of this order the said Burgesses shall have pow- Burgesses i< er to levy the same by distresse, upon the goods of the mrlli, ■ distress delinquents, and to make sale of the said goods, and taxes. to detaine such tobacco which shall be due by this or- der, and for their fees in making this distresse, restoring For ne«iect oi to the owner of the said goods the residue and remain- (i,,t - v ' to b *l , fm " der. And if the Burgesses shall make neglecle herein vemor&caun they shall be fined by the Governor and Councell. cik The Burgesses doe undertake to provide caske to Burgesses to putt upp the same and if any damadge shall befall unto provide casks, the tobacco, it shall not Yia;\\t uppon the Burgesses, un- ^ no ,' liaWefo,! o 7 in vol tint sir v* lesse they shall be faulty therein. accidents." All the Burgesses are with all convenient speed to Burgessest© send to the Governor a list of the tithable persons ofjthab/e'to within their plantations, that thereby the Governor may the governor. appoint those that are the creditors for this tobacco to Pnblic creri '- • •* i .i • i . i i i tors, how to \>p ive it and that he take order to have an account pa y kept of the same. ACT VII. AT this time the matter of {fortification was taken Fortificati into consideration and there was longe debate had ^^ soiyect considered out 144 LAWS OF VIRGINIA, concerning the place where the fforte should be erected. Point Comfort Especially Point Comfort was spoken of and was mosTeligible thought the most convenient place, but the great and .situation. many difficultyes therein, and the want of means and materials for effecting thereof doe almost make it im- possible for our weake abilityes to bring to perfection : therefore [the lines of the original not legible.] both the assistance of their persons and estates to ac- complish so good a worke as to raise fortifications which will be both a safetie and reputation unto this colony. ACT VIII. Penalties tor IT is ordered that there bee an especial I care taken not repairing by a j] commanders and others tltat the people doe re- be^iitln-eci paire to their churches on the Saboth day, and to see that the penalty of one pound of tobacco for every time of absence and 50 pound for every months absence sett downe in the act of the Generall Assembly 1623, be levyed and the delinquents to pay the same, as alsoe Sabbath day to see thai the SabjSth day be not ordinarily profaned not to be pro- by workeing in any iroplo) ments or by iournyeing from place to place. ACT IX. Who to pay J r f fa thought fitt that all those that worke in the ters. ground of what qualitie or condition soever, shall pay tithes to the ministers. EXTRACT From the Minutes of the Judicial proceedings of the Governor and Council* of Virginia. VFromthe Ancient Records relating to Virginia, Vol. 3. p. 215.] " JULY the 9th, 1630.— Dr John Pott, late Gover- li nor, indicted, arraigned and found guilty of steal- " ing cattle, 1 3jurors3 whereof councellors. This day " wholly spent in pleading ; next day, in unnecessa- " ry disputation : Pott endeavouring to prove Mr. " Kingsmell (one of the witnesses against biro) an " That the Governor and Council were vested with judicial powers, under the colonial government, is a historical fact, well known, without resorting to the ancient charters to support it. The following entry taken from some loose manuscript sheets, found among the acts, iscc. of the General Assembly, of the period to which they relate, will show how their courts were constituted, and the mode of dying business. '■ A court at James Citty the 16th Nov. 1027.' " Capt. ffrancis West, Esq. Governor, ik.c." " Doct. Pott," " Mr. Persey." «« Capt. Smith," " Mr. Secretary," " Capt. Mathevves," « Capt. Tucker," "Mr.ffarrar." 11 At this court the lady Temperance Ycardley, came and did fully and absolutely confirme as much as in her lay, the conveyance made by her late husband, Sir George Yeardley, Knt. late Governor, deceas- ed, unto Abraham Persey, Esq. for the lands of Flowerdieu Hundred, being one thousand acres, and of VVeanoake on the opposite side of the water, bein« 2200 acres. And the said lady Temperance Yeard- ley, did then alltogether absolutely disclaime and release unto the said Abraham Persey, all her right, interest and claime, in all and every part of the said lands, to herself any ways being and appertaining, ■ iilifr by way of dower or thirds." " The presentments of the minister and church-wardens of Stanley Hundred, wcr« delivered into the coit, under their hands. And also a register of marriages, burials and christenings." " Upon the presentment of the church-wardens of Stanley Hundred for suspicion of iuconlinency betweeoe Henry Kinge and the wife of John Jackson, they lyinge together in her husband's absence : it is thought fitt that the said Kynge shall remove hi* habitation from her, and not to use or frequent her company until her husband's retorne." •' The coppies of the proceeding* in the tnonlhlie corts at Warros- quyoake delivered into the eon by Mr John Upton and Mr. Thomas Fordon commissioners there." 146 LAWS OF VIRGINIA, " hypocrite, by a story of Gusman of Alfrach the rogue. "In regard of his quality and practice, judgment re- " spited till the king's pleasure known; and all the " couucel became his security." 'July 13th, 1630. William Matthevves servant to " Henry Booth, indicted and found guilty of petit trea- son, by fourteen jurors. Judgment to be drawn and " hanged." " For scandalous speeches against Governor and "Councell, Daniel Cugley sentenced to be pilloryd, ;: but was forgiven." " September 17 th, 1630. Hugh Davis to be soundly " whipped, before an assembly of Negroes and others " for abusing himself to the dishonor of God and " shame of Christians, by defiling his body in lying " with a negro;* which fault he is to acknowledge " next Sabbath day." "The inventorie of the poods of Roper Prichard delivered into cort and pruved to lie a true inventorie by the testiinonie of John Hausey." [TJJ J In deciding controversies between individuals, the evidence was always recorded, before the judgment of the court was pronounced. # Negroes were first introduced in Virginia from a Dutch ship, in the year J 620. See Beverley pa. 51. Burk's Hist. Vol. 1, pa. 211 Washington. I Hi. HOLDEN THE 24th MARCH, ANNO DOMINI 1629-30. [From a MS* belonging to Thomas Jefferson, Pre- o>The MS. sidentofthe United States, which was purchased by from which th* him with the library of Peyton Randolph, from his g^ooVere executors. J printed, is now in the Library AT WHICH WERE PRESENT, VIZ : of Congress at SIR JOHN HARVEY, Knight, Governor, &c. Doctor Pott, Capt. Mathewes, Mr. fiarrar. The names of the Burgesses were as followeth, viz: Impr. tTor the plantations of(j Capt. Thos. Osboarne, Col ledge and< nek oi land ( Thos. {farmer. nor Shirley Hun- ^ Thomas Palmer. dred Maine (John Harris. ffor Shirley Hundred ( Cheyney Boy.-. ) Walter Aston. " In the Acts of this session there are some peculiarities in the hand-writing which do not occur in those of October, 1621). The *mail " e ' U reversed, the circular part appearing to the right hand, instead of the left, and most frequently it resembles the small Italic '■•'o'" with a horizontal cross near the top: — The letter " c" at the fining of a wo d, is written like the capital " O" with a perpen- lar stroke through the centre ; in the middle of a word it resem- ble! the letter " r" but at the end, it is written like the small Greek riftna as explained in the note at the beginning of the Acts of \6'2'i. — llie letter " r" is made nearly like the modern "ii." But what would ate the greatest difficulty with those not accustomed to the read- ing of the ancient manuscripta,is, the formation of the letter "/i," which is invariably written like the modern capital " E," the whole letter extending below the line. The other peculiarities noticed in the MS. of the Acts of the last session, (except in the tetter "e") are common to this 14* LAWS OF VIRGINIA. (For Jourden's. Tourney ( „ r , „ . andChap!in'sChnice^ WaherPriCe * ffor Flowerdieu Hundred — John ffloyd ffor Westover, none appeared. ffor Weynock — John Trahornc. ffor Paces Paines and ( „,.,,. ,. c- rt L . -I William rerrv. bmyths mount { ffor Pasbyhoy — Bridges ffreeman. ffor James Citty Hand i £ oh " Southerns, ' ( Robert Barnngton ffor the other side of ( Capt. John West, the water ( Capt. Robert ffelgate. ffor Hog Hand — Capt. John Uty. ffor the neck of land in } the corporation of > Richard Brewster. James Citty } fibr Archer's Hope and ( Theodore Moyses, Glebe land ( Henry Ceny fforHarropand the plan-") tations betvveene Ar- ! John Browning, cher's Hope and Mar- ,' Thomas ffareley. tin's Hundred J ffor Martin's Hundred \ ^ ber - t Scolchmorc, ( 1 nomas llossett. ffor Mulbury Hand i f^™ 5 Garwood, J I Anthony Barham. ffor Warwick River \ ™°™ s fflint ' ( John Brewer. C Thomas Ceely, ffor Denby < Christopher Stokes, ( Thomas Key. ffor Nutmegg Quarter— Joseph Stratton- MARCH, 1629-30— 6th CHARLES 1st. M> f3ohn Upton. i John Atkins, ffor Warrosquoiack < R()bert Savinl ^Thomas Burges. - ( Capt. Tho. Willoby, ffor the upper parte of W ]liam Kempe) Elizabeth Citty £ Thomas Hayrick. „ ' "•. r ( Capt. Thos. Purfury, flor the lower parte of> Adam Thoroughgood. Elizabeth Citty ^ Lancelott Barnes. ; f Capt. Graves, .• Scarborough, ffor Accowmacke < 0bedience Robins, 1^ Henry Bagwell. The oathes of alleidgeance and supremacy were ad- ministered to the Governor and Councell, and after- wards to all the Burgesses then assembled. THE ORDERS At this Assembly established, followe : *ACT I. IT is ordered. That all ministers residing and bee- Ministers to ing. or who hereafter shall reside and bee within this conform to colony, shall conforme themselves in all tliinges accord- f tnP church ing to the cannons of the church of England. And if of England, there shall bee any that, after notice given, shall refuse for to conforme hirnselfe, hee shall undergoe such cen- sure, as by the said cannons in such cases is provided for such delinquent. And that all acts formerly made concerning ministers shall stand in force, and bee duly observed and kept. * The Acts of this session, like those of the preceding, arc no* divided into chapters, or acts. They contain, however, a short epi' tome of each act in the margin, which i< not the ca«f> with thoso, ^i any former session 14o,art VII. 150 LAWS OF VIRGINIA, ACT II. A fort t<. he MATTER of {Fortifications was againe takpn into built at Point consideration, and Capt. Samuel Mathewes was eon^ ( mlOTt. iii- r a- t» r> tent to undertake the raysing ol a fiort at roynt tom- 5ee ant* p. fort, whereupon Capt. Robert flelgate, Capt. Thomas Purfury, Capt. Thomas Graies, Capt. John Uty, Capt. Tho. Willobv, Mr. Tho. Heyrick, and Leu't'. Win. Perry by j nil consent of the whole Assembly, were chosen to view the p'ace, conclude what manner of flbrte shall bee erected, and to compounde and agree with the said Capt. Mathewes for the building, raysing and finishing the same. And whatsoever bargaine or contracte the said committee shall make concerning the same, the whole Assembly are content to ratifie and continue and perfoxme. war ACT III. N the inhabitants and planters of this colo- pen3iti*»s for, ^ t - 7p PXGt>ss i ve anc } exorbitant inprrossine" of com- ;>u the qual- ity of the offence shall deservp, de liver their bills f lading or a true copy thereof to the G;>\pi>ior and Councell or one of them. And that a true invoice of such goods consigned to marchants heere tivertd in alsoe as before upon oath, that the country may not be defrauded, neyther the marchants iovne with any to colour their ingrossings. And that ihis may bee uppon the forfeyture of treble thp value of any such goods soe bought, ingrosssed or coloured, the moyiie thereof to goe to the general! good of the colbny, and the other moytie to any man that shall compla^ne and really prove the same by witnesses. ACT V. FOR the better furtherance and advancement of sta- h\c commo pie commodities, and more especially that of potashes £ lUes \ , and saltpeeter, it is thought jfitt that every master of a t i>e ma.le in flamily within the severall plantations of this colony P°' Hsi "' s fc shall use their best endeavours to preserve and keepe MasteMof in dry and tight houses or casks all those ashes that families to shall proceede and bee made by the wood that is burned wl J re " 10 "' in clearing their grounds, that they may be ready at all tymes to be delivered to those that shall require the same to make experiment thereof. And that every anf! " rme - master of a flamily shall have a special! care, after a notice thereof given, to preserve and keepe all their urine which shall be made in their severall plantations, to be disposed and bestowed as by a note in writing they shall receave directions the benefut whereof shall the first yeare shall redounde to those that shall make the experiment. And the next yeare it shall bee law- full for every planter to make the best benefitt hee cm thereof to his own use. And for other staple commodi- ti<>. as iron, salt, vines, &c. the whole assembly are willing and readie to yielde their best assistance in set- ting and raysing them, or any of them when they shall see any incouragement thereunto by such as shall bee men of experience and skill to perfacte such workes. 152 LAWS OF VIRGINIA. ACT VI. Regulations fo' insuring ■» sufficiency of turn. TO prevent the want of come which oftentymes doth happen t« this colony by reason of the neglect of plant- ing sufficient quantities thereof for their necessarie provisions, It is ordered, that two acres of corne or neere thereabouts bee planted for every head that worketh in the grounde, and the same to bee suffi- ciently tended weeded and preserved from birdes, hoggs, cattell and other inconveniences. And if any planter shall bee found delinquent therein hee shall for- feite all his tobaccoe which bee made of his cropp that yeare, the one halfe, to the informer, the other to bee imployed to publique uses for the good of the country. ACT VII. Regulations for improving the staple of tobacco. Number of plants to a hand limited. Penalty :'ur of- iein": !>ad to- •' a< • o in pay- ment- .ICCO i) l.i burnt, k. t'.ie ofi"< nder not to plant any more till authorised by Mio General Assembly. [FOR the improving the planting of tobaccoe the neglect] x " thereof in the curing hath caused the same to bee of base price and small esteeme to the discredit!: and disad- vantage of the whole colony in general!, for the pre- venting and avoyding whereof, It is thought fit l and ac- cordingly ordered, That noe person whatsoever shall plant or tende above two thousand plants of tobaccoe for every heade within his family including weoinen and children. And to the intent that noe tobaccoe of bad condition may be transported out of this country, It is further ordered, That if any man hereafter shall make any bad, or ill conditioned tobaccoe and offer to pay away the same to any person, or persons, eyther for debts, marchandize or any other commodities, it shall be lawfull for the commander of every plantation with two or three discreete men of the said plantation uppon view thereof to burne the same. And the partie that shall be found delinquent in any particle of this order shall bee hereby barred from planting any tobaccoe until hee bee re-admitted by a General Assembly. ' The line in the original so obliterated as to be not legible. MARCH, 1629-30— 6th CHARLES 1st. 153 ACT VIII. IT is also ordered, That tlie warr begun uppon the * Var ,0 b e Indians bee effectually followed, and that noe peace alX.si'the in- bee concluded with them. And likewise that all marches dians ami no which shall hereafter bee ordered and appoynted P reace IJia(3c against them, be prosequted and followed with all dil- ligence. ACT IX. FFOR the better increase and multiplying of cattell Female cattle in this colony, it is thought fit that all "the female in- 2 e ^ L ;^" ed crease of neate cattell bee with all care and diligence breeding, or preserved and kepte. And that noe female kinde of like, y to die cattell bee killed unlesse they bee such as are eyther past breedinge, or are likely to dye by some infirmi- ty. And if any person or persons shall doe contrary to this acte they shall undergo such censure as the Governor and Councell shall thinke fitt to impose upon them. A HOLDEN AT JAMES ClTTY THE 21st OF HeBRUARY, 1631-2. of Congvesfl at Washington. [From a MS.* belonging to Thomas Jefferson, Prt- [CF The MS, sident of the United State, purchased by him with the f,om * h,cl,thc II P T"» T> 111/* 1 • -i W* 8 "' l '"S library oj Peyton Randolph, Jrom his executors.} session were printed., is now PRESENT Sir John Harvey, Knight, Governor, '* * e lihrary he. Capt. ffrancis West, Capt. Wm. Tucker, Capt. John West, Mr. Wm. ffarrar, Capt. Sam. Mathewes, Cupt. Rich'd Stevens, Capt. Wm. Clayborne, Mr. Henry ffinch, Capt. Natha'l Basse, Capt. Thorn. Purifye, Capt. Juhn Utye, Capt. Wm. Peirce. * The peculiarities in the hand-writing of the acts of this session, are such as have been already noticed in the actg of the preceding seggioD V 164 LAWS OF VIRGINIA, The names of the Burgesses were, viz : Arrowattockes necke of > c t> Thomas Osborne, land, Curies, 5 Both Shirley Hundreds, } c 3,^ £ Mr. flarrars, and Chap- \ M * Wa|tpr ^ laynes, ) Westover, Flowerdewe | Johnffludd . huiid. and Weyanoake, ) ffirom Capt. Perryes > c wmiam p downwards to Hogge \ Mr F Richard Richards . Island, ) . „. ( Mr. John Southerne. James Citty, | Lieut T , J0S> Crampe . . , , TT ( Mr. Tho. fTarlowe. Archer s Hope, J Percivell Wood. ffrorn Kethes Creek to J ^ Thomag Harwood> Mulbury Island & Sax- V Ca Thos> ffl oivs Goale, } i«r • 1 tt ^ Thomas Seely, Warw.cke River, | Thomag Ramshawc . Waters Creeke and the up- ^ per parrish of Elizabeth > Capt.Thos Willoughbye Citty, ) The lower parrish of Eli- ) £ Q D ^ zabeth Cuty, 5 Worrosquyoake — Mr. Thomas Jourdayne. . . C Mr. Edm'd Scarborough. Accawmacke, < t.* T , u ( Mr. John Howe. Kiskyake and the lie of ) n . * v ,, , T . v J t > Capt. JNich's Matian. The oathes of supremacy and allegiance were in the Hrst place administered to the Governor and CouncelL and to all the above named burgesses in like manner In the afternoonc. The Commission from his majestic nowe in force was read before the whole bodie of the Assembly. FEBRUARY, 1631-2— 7th CHARLES 1st. 155 ACT I. The 24th day of February to as enacted this followingc. Order for the Mynislers. IT is ordered. That theire bee a unifonnitie through- Unilbrouty ii out this colony both in substance and circumstance to ncchurc,K tbe cannons and constitution of the church of England as neere as may bee and that every person yeald readie. obedience unto them uppon penaltie of the paynes and forfeitures in that case appoynted. ACT II. THAT the statutes for comminge to church every Penalty for Souday and holydays bee duly executed. That is to say ; that the church wardens doe lc\y one shilling for every tyme of any person's absence from the church havinge no lawfull or reasonable excuse to bee absent. And for due execution hereof the Governor and Couucell togeather with the burgisses of this grand as- sembly doe in Gods name earnestlie require and chardge all commanders, captaynes and church-war- dens that they shall endeavour themselves to the utter- most of theire knowledge that the due and true execu- tion hereof may be done and had through this colony, as they will answere before God for such evills and plagues wherewith Almighty God may iustlie punish his people for neglectinge this good and wholesome lawe. hein<>' absent from church. ACT III. IT is ordered, That as many of the mynisters as con- Ministers and venientlie may, and one of the church-wardens at least, «--hurch-war- _ y, , !• • i dens to make of every parish be present yearhe at midsomer quarter prDse ntmenfs cort holdeu on the first day of June ; and theire to and return a make theire presentments uppon oath, togeather with |j'^ l , R h t g ir m ![-- a register of all burialls, christnenings, Sc marriages, as riage&,'and likewise their accounts of all levyes, collections and births; also o: disbursements as have beene or fallen out in their and^iXuse- tymes concerning^ the church affayres. And further ment« that they choose church wardens at the feast of Easter vearlie. *5G Oath of cl pinch- war- dens. LAWS OF VIRGINIA, ACT IV. And it is further ordered and thought expedient, ac- cording to a former order mode, by the governor and councell that all church-wardens shall take this oath and that it bee administered before those that are of the commission for mounthlie corts, viz. "YOU shall sweare that you shall make present- " ments of all such persons as shall lead a prophayne or 11 ungodlie life, of such as shall be common swearers, "drunkards or blasphemers, that shall ordinarilie pro- " fane the saboth dayes or contemne Gods holy word "or sacraments. You shall also present all adulterers " or fornicators, or such as shall abuse theire neighbors " by slanderinge tale carryinge or back bitinge, or that " shall not behave themselves orderlie and soberlie in " the church duringe devyne servise. Likewise they " shall present such maysters and mistrisses as shall be " delinquent in the catechisinge the youth and igno- " rant persons. So helpe yow God !" Penalty for disparaging ft minister. ACT V. NOE man shall disparage a mynister whereby the myndes of his parishoners may be alienated from him and his mynistrie prove less eflectuall upon payne of severe censure of the governor and councell. eaiion of banns ACT VI. Rites of main- NO mynister shall celebrate matrimony betweene ce°"brated * an y P ersons without a facultie or lycense graunted hy without li the Governor, except the baynes of matrimony have ceiseo pnbli- beene first published three severall Sundays or holy- dajs in the time of devyne service in the parish church- es where the sayd persons d well accordinge to the booke of common prayer, neither shall any mynister under any pretense whatsoever ioyne any persons soe licen- sed in marriage at any unseasonable tymes but only betweene the bowers of eight and twelve in the fore- noone, nor when banes are thrice asked, and no lycense in tiat respect necpssarie, before the parents or guardi- ai.s of the parties to be married beinge under the age FEBRUARY, 1631-2— 7th CHARLES 1st. 15* of twenty and one years, shall either personally or b} sufficient testimony signifie unto him theire consents given to the said marriage. set- ACT VII. EVERY mynister in this colon}' havinge cure of Ministers to soules shall preach one sermon every sunday in the P reiuh a yeare, having no lawful impediment, and yf the my- s^iav!^ nisters shall neglect theire charge by unnecessarie ab- sence or otherwise the church wardens are to present - it. But because in this colony the places of their cure are in many places flar distant, It is thought fitt that the my nisters doe soe divide theire turtles as byjoynt agreement of the parishoners they should be desired. ACT VIII. IT is also thought fit, That upon every Sunday the Ministers t» mynister shall halfe an hower or more before evenenge ,cach rh,,dre » , . . . . ° , the ten com- prayer examine, catechise, and instruct the youth and ma ndtnente, ignorant persons of his parrish, in the ten command- the articles of ments the articles of the beiiefe and in the Lord's praver : » e,lf $ ,1,e j l n i»i« i" i • i " ■ Lords prayer and shall diligenthe heere, instruct ahd teach them the and cateehismi catechisme. sett forth in the booke of common prayer And all fathers, mothers, maysters and mistrisses shall cause theire children, servants or apprentizes which have not learned the catechisme to come to the church Penalty on at the tyme appointed, obedientlie to heare, and to be pa ^ e t r * * " d ordered by the mynister until! they have learned the not sending- same: And yf any of the sayd (Fathers, mothers, mays- their children ters and mistrisses. children, servants or apprentises, ppdSd*n* n< shall neglect theire duties as the one sorte in not caus- forrefusiog inge them to come and the other in refusinge to learne t0 karn - as aforesayd, they shall be censured by the corts in those places holden. And this act to take beginniuge at Easter next. Commence - ment. ACT IX. WHEN any person is dangerouslie sicke in any Duty of mi parrish, the mynister haveinge knowledge thereof shall ,,iste,s ia Rt ' ia8 -Hi LAWS OF VIRGINIA, tending tion of the mynisters within this colony, have taken into theire consideration by what way theire might be a sufficient meanes allowed unto the said mynisters for theire better subsistance and encouragement in their mynistrie ; and thereuppon have ordeyned and enact- ed that there shall be payd unto thesayd mynisters the former allowance of 10lb. of tobaccoe and abushell of corne, in such manner as formerlie hath beene done ; and because of the lowe rates of tobacco at this present It is further graunted and ordered, that theire shal be Tithes oi likewise due to the mynisters from the first day of !jna ^es. March next ensuinge the 20th calfe, the 20th kidd of gpates, and the 20th pigge, throughout all plantations within this colony ; and that theire may arise no diffi- cultie nor controversie in the payment of this new al- lowance of meanes, It is thought Jitt and ordered, That How set out where any parishioners shall not have the complete nomber of 20 calves, kidds or piggs then the nomber which hath fallen att the feast of Easter shal be praysed and rated betweene the mynisters and one or more of his parishioners, and the 20th part thereof allowed to the mynister proportionally ; but yf it fall out the num- ber of calves, kidds or piggs arise to twenty then the owner is to choose five out of the sayd nomber and the mynister to make his choyse in the sixt place, and 't is thought fitt that the owners keepe the sayd calves, Hovv l°0g u kidds, or piggs ttntill the tyme that they bee weaneable, u ?e tinier* that is to say, for calves the owner to keepe them 7 weekes, and kidds likewise 7 weeks and piggs a month. And the parishioners are to give notice to the mj nisters How collected, alien they shall fetch theire calves, kidds, or piggs that be due unto them. And this act to continue in force, Limitation of untill the next meetinge of the grand assembly, at which tyme theire may fall out just cause of alteration either by the advancement of tobacco or some other meanes, for that formerlie the ancient allowance of 101b of to- bacco and a bttshell of corne hath beene a sufficient pro portion for theire maynteynance in their callinge. Hits acti 160 LAWS OF VIRGINIA, Fees of mi- nisters. How the for- mer allowance to be collected. Penalty for non-payment. Church-war- dens failing iu their doty to be liable them- selves It is likewise ordered, That the mynister shall have these petty duties as follow eth, viz: Imprimis. For Marriage 2 for Christeningc for Churchinge 1 for Buryiuge 1 It is ordered, That tippon the 25th day of October if it be not Sunday, and then the day follow inge, the church-wardens shall give notice to the parishioners that they bringe in the dutie of 10 lb of tobacco for the mynisters unto a place to be appoynted within that plantation by the sayd church-wardens, and that the mynister bee warned to be there or appoynt some other to receive the same. And it is likewise ordered, That the dutie of a bushell of corne be brought in up- pon the 1 9th day of December to the place appoynted within that plantation by the mynister. And no plan- ter or parishoner may neglect the bringinge of the to- bacco, or corne uppon the penalty that yf any make de- fault they shall forfeit double the quantilie of the tobac- co and corne to be levied by distresse by authoritie from the commander; and likewise, by distresse, all ar- rearages of tobaccoe and corn due to the ministers as duties shall or may be recovered by virtue of this or- der of this assembl}'. And yf the church-wardens shall fayle in the execution of tlieire office hereby inioyned then the commander shall take order that it be levied by distresse out of the church-wardens' goods and chat- tells. Churches to be built and re- paired. ACT XV. IT is vrdeyued and enacted tiiat in ail such places where any churches are waniinge, or decayed, the inhabitants shall be tyed to contribute towards th? buildinge of a church, or repayringe any decayed church, the commissioners, togeather with the mynis- ters, church-wardens and chiefe of the parish to ap- poynt both the most convenient place for all parts to assemble togeather, and also to hire and procure any workeman, and order such necessaries as are requisite 10 be done in such workes. This they are to effect be- FEBRUARY, 1631-2— 7th CHARLES 1st, 161 lore the feast of the nativitie of our Saviour Christ, or Penalty on else the sayd commissioners, yl they be deficient in era f or neglect theire duties, to forfeit 501. in money, to be imployed as the whole bodie of the Assembly shall dispose. And it is ordered in like manner, That theire be a Burying . certayne portion of ground appoynted out, and impal- s rounrt ed or fenced in (uppon the penalty of twenty Marques) 'o be for the buriall of the dead. ACT XVh UPON a remonstrance preferred to the assembly, f re ? ch ?M^ complayninge that the (frenchmen who were, about in the'cuiture ten yeares since, transported into this country for the of vines, not plantirige and dressinee of vynes, and to instruct others tobe . P erm,tted • i ° i -li- i- lit i li i ,0 plant any in the same, have willmglie concealed the skill, and not tobacco, only neglected to plant any vynes themselves, but have also spoyled and ruinated that vyniard, which was, with great cost, planted by the charge of the late company and theire officers here; and yet notwilhstandinge have receaved all favour and encouragement thereunto, which hath cjishartened all the inhabitants here, It is therefore ordered that the sayd frenchmen, togeather Penalty, with theire families, be restrayned and prohibited from plantinge tobacco, uppon penahie to forfeit theire leases, and imprisonment untill they will depart out of this colony. ACT XVII. AND it is provided and ordered, That all workers Proportion of uppon corne and tobacco shall this springe, before p]J n J e JJj, he the 25th day of March, plant five vyne plants per pol, inhabitants and the next yeare, before the first day of March, 20 per pol, uppon penaltie to forfeite one barrell of corne for every one that shall make default, halfe to be to Penalty for him that shall make information thereof, and the other nes ec ' halfe to publique uses. And the commissioners for the mounthlie corts established in divers parts of this How inflicted, colony shall have full power to heare and determyne this matter. W •>- LAWS OF VIRGINIA Council and burgesses to attend divine service, at beat of drum Penalty for neglect. Duration of this act. ACT XVIIL IT is ordered, that all the counsell and burgisses ot the assembly shall, in the morninge, be present at de- vine service, in the roome where they sitt, at the third beatinge of the drum, an hewer after sun rise, uppon the penaltie of one shillinge to the benefitt of the mar- shall at James Citty ; and y f any shall absent hiroselfe from the assembly, to pay 2s. 6d. to the same use ; and yf any shall after neglect, to be fined by the whole bodie of the assembly. And this act to continue in force untill the assembly shall see cause to revoke it. Tobacco not to be bartered for goods ex- cept for country pro- duce, at less than 6d. per pound on the prime cost. Penalty for She first of- fence. For the sc- ond offence. t'ot the 3d >"fii»nrr ACT XIX. AND it is further ordeyned and enacted by the as- sembly, That no person or persons, after the publica- tion or notice hereof, doe buy or cause to be boughtj any marchandize, goods, or any other thinge whatso- ever, exceptinge cattle, goates, hoggs, poultrey, or any houshould stuffe, corne, hides or any commodities that is, or shall be raysed here, or make any contract, bargayne or promise for the havinge or buyinge of the same, or any part thereof, in exchange for the commoditie of tobacco, directlie or indirectlie allow- inge under the rate of 6d. per lb. for every pound of tobacco, as the goods first cost in England, bona fide, uppon penalty to have or suffer, for his or theire first offence, imprisonment by the space of 2 mounthes without bayle or maynprize, and shall also loose and forfeite the value of the sayd marchandize or goods soe by him or them bought or had as aforesayd. And yf any person lawfully convicted or attaynted of and for the sayd offence, be thereof agayne lawful- ly convicted or attaynted that then every person or persons soe offendinge, shall have and suffer for his second offence, imprisonment by the space of one halfe yeare without bayle or maynprize; and shall loose duble the value of all the goods and marchan- dize soe by him bought or had, as aforesayd. And yf any person beinge lawfully twice convicted or attaynted of and for the sayd offences, and the third fyme be thereof lawfully convicted and attaynted, that FEBRUARY, 1631-2— 7th CHARLES 1st. 162 then every such person for the sayd third offence shall be sett on the pillory in the place where he shall then dwell or inhabite and loose and forfeite all the goods and cattle that he or they have to theire owne use, and also to be committed to prison there to remayne dur- inge the governor's pleasure ; Provided that the com- Limitation of playnt be made within 12 mounthes after the fact com- the P rosec «- mated. And be it further ordered, That the commissioners at the mountlie corts in all places of the country now established, shall have full power and authoritie by ver- tue of this act to enquire, heere, and determyne all and every the defaults and offences perpetrated, committed and done contrary to this act; and to make proces agaynst the offenders as the governor and counsell use to doe in such cases ; Provided alwayes, that the sayd corts doe, in this, as in all other matters, send the true coppies of theire proceedinge to the governor and counsell at theire next sessions of theire quarter corts a< James Cittv. Commission- ers of the monthly'courls to hear and determine on the abore of- fences. Proceedings to be sent to the governo'. and council, ACT XX. The first of March, 1G31 W HEREAS nothinge can more conduce to the welfare of this colony, then that some efectuall course be taken in the trade of our tobacco, as well to mo- derate the excessive plantingea6 1> devise some meanes for better inge the qualitie, It is ordeyned and assented by the Governor and Counsell, togeather with the Burgisscs of this present Grand Assembly, That every shipp arivinge in this colony from England, or anv other parts, shall, with the first winde and weather, sayleuppto the porte of James Citty and not to unlade any goods or breake any bulke before she shall cast an- chor there, uppon payne that the captayneandmayster of the sayd shipp shall forfeite the sayd goods or the value thereof, and shall have and suffer one mounthes imprisonment ; the one halfe of which forfeiture shall be to him or them that will or shall sue for the same, in any cort of record within this colony, and the other halfe to publiquc uses to be yeaiTie disposed by the \ssemblv Vessels re* strir.ted to the port of James City. 164 LAWS OF VIRGINIA ACT XXI. Limitation m planting to- bacco. BE it also further ordered, That no planter or may- ster of a famylie shall plante or cause to be planted above two thousand plants per pol, and that those that shall not plante or be otherwiseimployed shall not trans- l'err or make over theire right of plantinge unto any other; and to prevent any greater quantities, every plan- terormayster of a famylie plantinge a cropp of tobacco, How oforccd. more or lesse, shall be tyed to procure one of his neigh- bours or some sufficient man to come and nomber his or theire plants of tobacco, who will uppon his oath de- clare and testifie unto the commander of that place, be- fore the tenth day of July, that he hath counted and nombred the sayd plants, and shall say in his consci- ence the iust and true nomber of them, which thinge yf the sayd planter or mayster of a famylie shall neglect, or that the nomber of the plants is found toexceede the proportion of 2000 per pol, then the commander is here- by to present it to the next mounthlie cort, and the commissioners thereof shall give present order to have all that whole cropp of tobacco cutt down under payne of imprisonment and censure of the governor and counsell and grand assembly yf they neglect the ex- ecution thereof. Also uppon the neglect of the com- mander, he shall be censured in like manner. How many leaves to a plant of to- bacco to be gathered. Penalty and how inflicted. ACT XXIL IT is likewise enacted, That no person shall tend, or cause to be tended, above 14 leaves, nor gather or cause to be gathered above 9 leaves uppon a plant of to- bacco ; and the several commanders shall hereby have power to examine the truth thereof; and yf any offend, to punish the servants by whippinge, and to bind over the mayster unto the next quarter cort at James Citty to be censured by the governor and counsell. ACT XXIII. No seconds IT is ordered and ordeyned, That no person shall ro be tended, tend, or cause to be tended any slipps of old stalkes of tobacco, or any of the second cropps, upon the forfei- ture of the whole cropp, whereof halfe to be to the in- former, and halfe to publique uses as aforesayd. FEBRUARY, 1631-2— 7th CHARLES 1st. ACT XXIV. ltf» AND it is further ordered and enacted, That all to- Tobacco to bacco, shall betaken downe before the end of Novetn- !? e stl ! uck !? e , , ii-ii . ' ore the endot ber, or else not to be adiudged or accounted mar- November. chantable. ACT XXV. AND whereas these orders concerninge tobacco are of soe difficult a nature that all inconvenyencyes cannot possibly be foreseene, yf therefore any mischiefe shall ensue, and that complaynt thereof be made by any five or more of the burgisses of this assembly, the gouve- nor signified unto them that he will for remedie there- of, with all conveniencye summon an assembly to con- sult and treat thereuppon. Assembly to be called, to regulate the planting of tobacco, if the foregoing laws be found de- fective. ACT XXVI. AND it is further ordeyned, That yf any marchant or any other person whatsoever, shall hereafter make complaynt, unto the governor of the place, that any tobacco tendered unto him or them, from or by any planter or person in Virginia, is not good and mar- chantable, then the sayd commander is hereby required uppon penaltye of being disabled frombearinge any of- fice in this colony for one whole yeare and further cen- sure of the governor and counsell, to make choyce of two sufficient men whom he shall by word of mouth, or warrant under his hand, require to vewe the sayd to- bacco and uppon oath to deliver unto him the goodnes or badnes thereof; and to cause the same to be burnt, yf it be not found marchantable; but yf any person or persons shall refuse to vewe the sayd tobacco and ac- cordinglie to declare the quallitie thereof uppon oath, then it is ordered that the sayd commander shall bynd over the sayd person or persons to answer theire con- tempt at the next quarter cort before the governor and counsell Penalty io; passing bad tobacco. How tin. quality to be ascertained. Viewers refus ing to act, how punished 166 LAWS OF VIRGINIA. What quantity of corn to be tended. ACT XXVII. ITis likewise ordered, That every man workinge in the ground, shall plant, or cause to be planted, and sufficientlie tended, this yeare, at the least two acres of corne per pol, uppon penaltie of forfeiture of their whole cropp of tobacco, yf uppon vewe thereof they shall be found deficient. For preven- tion of fore- stalling and ingrossing ; Captain of every vessel to deliver a list of all persons on board. Commander of the fort to administer the oaths of supremacy &, allegiance. Proclamation commanding the capt. to sail with the first wind to James City. ACT XXVIII. IT is ordered by the Grand Assembly , lor the preven- tion of forestallinge the markelt and ingrossinge ol comodities, and other inconveniencyes, that the present commander of the fforte at Poynt Comfort, uppon the arrivall of any shipp or shipps shall immediatelie make his repayre aboard and there require the commander, captayne or mayster, of the shipp or shipps, to deliver unto him a true list of all such persons, which were im- barqued in theire shipp, at' theire coming out of Eng- land, togeather with theire ages, countryes and townes where they were borne, and to keepe record of the same ; and he the sayd commander of the ffort, to admy- nister unto them the oathes of supremacy, and allege- ance, which yf any shall refuse to take, that he committ him to imprisonment. And it is further ordered, that the sayd commander of the fforte there read and fixe at the mayne mast of the shipp or shipps a proclamation as folio weth, to wit : ACT XXVIII. "TO the captaynes, maysters and commanders ot " any shipp or shipps ariveinge -at the fforte at Poynt " Comfort, I sir John Harvey, knight, governor and " captayne generall of Virginia, send greetinge, These "are in his majesties name to will and require you " and straightlie to charge h command you accord- '• inge to the instructions and directions unto me and the " counsell of state, from the right honorable the lords of •'his majesties, most honorable priv3e counsell, And accordinge to an act of the Grand Assembly, that " with the first wynd and weather you sayle directlie '• to the porte of James citty, and that you unlade no " goods, nor breake any bulke nntill you shall come a FERRUARY. 1631-2— ?th CHARLES 1st. 16; an anchor there, uppon payne of the losse of the goods, and one mounthes imprisonment. Given at James Citty, the 1st of March, 1631." ACT XXIX. JTis ordered, That no person or persons shall dare None io speak to speake or parlie with any Indians either in the or i )ar ]fy Wlth ', . * . . -j. . .. , , the Indians. woods or in any plantation, yf he can possibly avoyd it by any meanes, but as soone as he can, to bringe them to the commander, or give the commander notice there- of uppon penalty of a mounthes service for any free man ofiendinge and twenty stripes to any servant. But for the planters of the Easterne Shoare, the com- PenaI, . v ' manders are required to observe all good termes of amitie ; but that they cause the planters to stand up- pon theire guard, and not to suffer the Indians espe- Exception in cially the Mattawombes to make any ordinarie resort f ^J e " s f ^ he or aboade in theire houses, and yf any English with- Eastern shore out leave resort unto theire townes, the commanders *o bynd them over to the next quarter port, ACT XXX. THE statutes for artificers and wovkemen are thought Stat. I, Ja.c. to be published in this colony, (l Ja.cobi c. 6.) JSgJ'Sl workmen. ACT XXXI. AND the lawes of England agaynst drunkards are Laws f En* thought fitt, to be published and dulic put in execution, land against that is to say, for every oflencc to pay five shillings to b™publi?hert. the hands of the church wardens, and further as is Penalty, conteyned in the statutes of the 4th of kinge James and the 5th chapter. ACT XXXII. AND it is thought Jilt, That whosoever shall sweare Penalty for an oath shall pay for every oath one shilling, as is or- swrarin^ ried bv the statute, &C 16H LAWS OF VIRGINIA. Monthly courts estab lished, as by a former law. Form of the' commission, to the com- missioners of monthly courts. ACT XXX1I1. ACCORDINGE to the former orders of the assem- bly the 5th of March, 1623, and of the governor and counsell, It is thought fitt and according! ie ordered that the mounthlie corts be held and kept in remote parts of this colony : vizt. ffor the upper parts ; for Warvvicke River ; ffor Warrosquyoake ; for Elizabeth-Citty : ffor Accawmacke. The Commission for the upper parts followeth, vizt. " To all to whome these presents shall come, I Sir John Harvey, Knt. governor and captayne generall of Virginia, send greetinge in our Lord God everlastinge. Whereas for the greater ease of the inhabitants in di- vers parts of this colony, and for the better conserva- tion of the peace, and due execution of such lawes and orders, as are or shall be established for the govern- ment of the peuple, and the inhabitants of the same. — The governor and councell togeather with the assem- bly, have thought fitt, and accordinglie ordered and appoynted that theire shall be mounthlie corts, and oftener uppon extraordinarie causes requiring and agreed uppon by the maior part of the comissioners. held and kept in some of the remote plantations. " Nowe knowe yee, that accordinge to the sayd orders these persons whose names are here inserted are for the tyme beinge assigned and appoynted to be the present comissioners of and for the upper parts with- in the precincts of Charles Citty and Henrico, William ffarrar, Esqr. Capt. flrancis Epes, Captayne Thomas Pawlett, Captayne Thomas Osborne, Thomas Palmer gent. Walter Aston, gent, which sayd comissioners, or any fowre of them, whereof Mr. William ffarrar to be alwayes one, shall hare power and authoritie to here and determine, all such suites and controversies be- tweene partie and partie, as exceede not the value of five pounds stirlinge ; and farther, that they take into their cares, matters of petty offences, the conservation of the peace, the quiett government of, and safetie of the people there residing or beinge ; and that all or- ders, and proclamations be kept and observed, and ac- cordinge to the same, and as neere as may be, accord- FEBRUARY, 1631-2— 7 ill CHARLES 1st. 109 inge to the lawes of the realme of England, to inflict punishment, uppon the offenders and delinquents, and to doe and execute, whatever a justice of peace, or two or more justices of peace may doe, such offences oulie excepted, as concern* the taking away of life or mem* bers ; Provded ahvayes that it shall and may he lawful; for the plaintiff or defendant, in any suite before the sayd commissioners dependi'nge either before, or after judgment, yf it be before execution awarded, to appeale to the cort of James Cittv there holden bv the cover- nor and counsell. And thev are hereby required from tymeto tyme, tokcepe records, of all judgments, orders, and other matters of moment, as by them shall be con- cluded and agreed on. And this comission to conti- nue in force until] I by my comission under the seale of the colony shall signifie the contrarie. Given at James Citty, the first day of March, 1631, and in the seaventh yeare of the raigne of our soveraigue Lord Charles, by the grace of God of England, Scotland, France and Ireland, tinge, defender of the faytb, and in the 25th yeare of this plantation. '' It is thought jitt, that the comissioners shall take OhIi of com this oath as followeth, vizt. " You shall sweare as a m 'ss i0 » u ' l " s - comissioner for the upper parts, within the precincts of Charles Citty and Henrico, accordinge to the articles of the comission directed unto you, by the governor, you shall doe equall right, to the poore and to the rich after your cuuninge, witt, and power, and after the lawes and customes of this colony, and as neere as may be after the lawes of the realme of England and statutes thereof made, you shall not be of counsell in any case orquarrellhanginge before you, and that you hold your corts accordinge to the sayd comission, you shall not lett for guift, or other cause, but well and trulie you shall doe your office of comissioner, sot helpeyou God, &ic." The like comission to be drawen mutatis mutandis Commissiou- for Warwicke river. These comissioners Capt. Samuel '^.i "';,,,.. ■" wick i tvei . Mat hewn, E-q. quor. Capt. Richard Stephens, Esq. quor. Capt. Thomas Fflyut, John Brewer, gent. Za- charie Cripps, gent. Thomas tieely gent. warrosquyoake. Capt. Nath. Basse, Esq. quor. Thomas Jorden, gent. For IVarros- Richard Bennett, gent. Win. Hutchinson, gent. John 1«v«»i» Upton, gent. X no LAWS OF VIRGINIA. For Elizabeth City. For Acco- mack. ELIZABETH CITTY. Capt. Wm. Tucker, Esq. quor. Wm. English, gent. Capt. Thomas Purifir, Esq. quor. George Downes, gent. Capt. Thomas Willowby, John Arundell, gent. Adam Thoroughgodd, gent. ACCAWMACKE. Capt. William CJayhovrne, Esq. quor. Obedience Robins, gent. Capt. Thomas Grayes, quor. John Howe, gent. Cnpt. Edmond Scarborough, quor. Roger Saun- ders, gent. Charles Harmar, gent. IWeflenTs es- tates to lie aj>- p fused in money. ACT XXXIV. IT is thought fitt and accordinglie orderd, That there be a publication made that all estates of any deceased persons, be appraysed after the rates of money and not in tobacco as hath beene accustomed heretofore. Mon»h!yrot'rls to prescribe pnuisi in- nt foi taking awai boats, canoes, k. weirs. ACT XXXV. IT is thought fitt, That the mounthlie corts, doe as in their discretions they see fitt, strictlie doe right agaynst such persons as shall take away or loose any other mens boates or cannoes, or shall take away any wares, because of the great damage, that may ensue, uppon such trespasse, and wronge. ACT XXXVI. Contents of a IT is ordered, That a barrel] of come shall be ac- barrelof corn. colinU , ( l f lve bushells of Winchester measure, that is to sa\, 40 gallons to the barrel!, and that thecomissioners, for the mounthlie corts throughout the colony, doe take Sealed barrels order and see that sealed barrells are made and sealed to be kept. with this scale as in the margent, [AG] which seale they are to keepe, and uppon request to seale such bar- rells, and bushells. as shall be brought unto them. — Penalty for And be it orde.yn.ed and established, That whosoever unsealed s j la ]j , lse or cause to be used any unsealed barrel's or bushells after the feast of St. John Baptist, next ensue* inge, shall forfeit 13s. 4d. and sett on the pillorye and FEBRUARY, 1611-2— 7th CHARLES 1st. 171 the measure and barrel! deficient shall be broken or burnt. And for defective weights, it is ordayned that And defective the offender shall be punished according to the statute we S bte - in that case provided. ACT XXXVfl. The 2d of March, 1031. THE Assembly doth order and gr aunt \ That there Compensation be payd out of the gpnerall Ievey unto Cant. Mar- V'. ca ? 1 ' .. shart s attorney in full for the earraiges tor the ordi- nance, 1375 lb. of tobacco. And likewise in conside- Alsoadona- ratiun of the good service done, by the sayd Captain ' l0 " to l,ls wife M i *. . .1' 1 i*r i • &• children. JMarshartt to this colony, and to relieve the necessities of his wife and children, the Assembly doth give as a gratuitie, to be sent unto her, 4500 lb. of tobacco, to be payd the next cropp. ACT XXXVIII. IT is ordered. That the Governor and Counsell, shall No taxes to be not lav anv taxes or impositions, uppon the colony, '"d.nythe ■« » .. governor ql theire laud, or comodities, otherwise than by the autho- council ; but ritie of the Grand Assembly, to be levyed, and ymploy- b >; authority ed, as by the Assembly shall be appoynted. sembly^" ACT XXXIX. THE Assembly allowed of these publique chardges Appropriation followioge, vizt. law. lb. Tobacco. Imprimis, to Capt. Michacll Marshartt 5875 Capt. Mathewes for the ffort 103000 Capt. Peirce he beinge to shew account - - 007351 Capt. Sat/re and to shew the ac- count - - 1CS0 Doctr. Pott he beinge to shew the account - - 3400 Capt. Osborne for lead 0150 ffor Buffc Coates - 0800 Win. Kcmpe for shott - 0100 Capt. Mathews for Robt. Watch- ingsayle - - 0500 Sum ma Totalis 122856 172 LAWS OF VIRGINIA, ACT XL. Governor not THE Governor shall not withdrawe the inhabitants theinhai.Uants ^ loin tne "' e private labours, to service of his own, from tiu-ir uppon any coullor whatsoever. And in case the pub- private la- linne service require imployments of many* hands, be- own service. ^ ore ^ ie houldinge of a Grand Assembly, to give order for the same, in that case the levyinge of men shall be Exception, done by order of the Governor, and whole bodie of the Counsell, and that in strch [manner] as to be the least burthensome to the people, and most free from partia- litie, (sudden incursions of the Indians, and such like cases excepted.) And whereas many occasions doe happen wherein the Governor is to imploy boates and hands, It is thought fitt five or six sufficient men. shall be provid- ed on purpose, and they to be allowed maynleynancr- from the Governor, ACT XLI. Privileges of ALL the old planters that were here before, or came »crs 0t P ^ * n at tne ' ast cominge of Sir Thomas Gates, shall be exempted from theire personable service in the warrs, and any publique charge (church duties excepted) that beionge particularly to theire persons, not exemptinge theire families except such as shall be comander inchcife. ACT XLII. Btirgesses fto Burgisses of the General! Assembly shalT be ar- from arrests. '' e sted dnringe the tyme of the Assembly, a wceke be- fore or a weeke after, uppon pa\ne of the creditor's forfeiture of his debt, and such punishment uppon the officer as the cort shall award. ACT XLII1. Forstailing & THE statutes and lawes of England agaynst fore- engros&iojr. stallers, and engrossers, to be made known and exe- cuted in this colony FEBRUARY, 1631-2— 7th CHARLES 1st. 173 ACT XLIV. EVERY private planter's devident, shall be survey- Lands to be ed and layd out in several!, and the bounds recorded surveyed by the surveyor, and yf there be any petty differences betwixt neighbours about theire devidents, to be dcsi- ded by the surveyor, yfof mayne importance to be re- fered to the Governor and Counsell. ACT XLV. FFOR encouragement of men to plant store of Pi ice of com corne, the prize shall not be stinted, but it shall be free J]'^!^* for every man to sell it as deere as he can. And the reason hereof is contrary to the president of other coun- tries, and kingdoms, for none are so poore heere, as that they may not have as much corne, as they will plant, havinge land enough. ACT XLVI. ALL trade with the Savages prohibited, as well Trade with tfa . ■• • Indians pro- pubhque as private. hibited< F ACT XLVII. NOE man shall goe or send abroade without a suf- Precaution as ficient party well armed. tobeingarme* ACT XLV1L1. NOE man shall goe to worke in the grounds with- Arms out theire amies, and a centinell uppon them. ACT XLIX. THERE shall be due watch kept by night where Watch, neede requires. ACT L. NOE commander of any plantation, shall either Powder &sho* himselle or suffer others to spend powder unne- cessarilie, that is to say, in dringinge or enterteyn- rnents. 174 LAWS OF VIRGINIA, To go armed to church. ACT LI. ALL men that are fittinge to beare armes, shall bringe their peices to tlie church uppon pa\neof every effence, yf the mayster allow not thereof to pay 2 lb. of tobacco, to be disposed by the church-wardens, who shall levy it by distresse, and the servants to be punished. Obedience to superiors. Adjoining plantations to assist, upon ilaims. ACT LII. NOE person within this colony uppon rumour of supposed change and alteration shall presume to be disobedient to the present government, nor servants to their private officers, maysters and overseers, at their uttermost perills. ACT LIIL* THE ioyninge plantations, to assisst the fronteirei or their neighbours, uppon alarums, the default to be severelie censured, and false alarums punished. ?vo hides to be '■snorted. ACT L1V. IT is ordered, That no cowe hides, oxe hides, bull hides, goate skyues, deer skynes, or other hides, or skynes whatsoever, be sent or carryed out of this co- lony uppon forfeiture of thrice the value, whereof the one halfe to the informer, and the other halfe to pub- lique uses. terms of the f taon.es, and nave a llu*h deake, or titled with a gratinge to Canada and a trapaulinge. -176 LAWS OF VIRGINIA, Commanders to full upon the Indians, found lurking about, or molesting hogs, &C. ACT LXI. FFOR the Indians we hould them our irrecosile- able enimies* thought jitt, That yf any Indians doe molest or offend hoggs, or any thing pise, or that they be found lurkinge, then the comanders shall have power by vertue of this sufficient par- tie of men, to fall out uppon them. And shall finde occasion. •Certain duty on vessels. ACT LXII. EVERY vessell or shipp cominge out of the ocean, shall until! further order he taken therein, shall pay after the rate of gun powder, and ten iron shott for every hundred tunns the fort at Poynt Comfort, and so to be accounted proportionably bigger or lesser. Sufficient '."ences. Secretary s fees. Marshal's fees. ACT LXIII. EVERY man shall enclose his ground with suffici ent fences uppon theire owne perill. ACT LXIV. THE secretaries fees shall be as followeth, vizt. ffor a warrant - - 05 lb. Tobacco. ffor a passe - - 10 ffor a freedom 20 ffor a commission of adminst. 20 ffor a patent, ffor recording, ffor an order of cort. An yf the secretary shall desire it he may require for every here mentioned, one bushel of come. The Marshalls fees shall be — ffor an arrest - - 10 lb. Tobacco, ffor warninge to the cort 2 * In this and a few succeeding chapters a few words are not legible in the manuscript — but they arc inserted in similar acts passed at the rext session. FEBRUARY, 1631-2— 7th CHARLES 1st. 177 10 1b. Tobacco. , . C comnitre in 10 Imprisonment < , n r ( goinge out 10 Layinge by the heeles - 5 Whippinge ) Pillory > 10 Duckinjre Tlie prisoner lyinge in prison, ) e marshall's attendance p t day ) ffor every 5 lb. of tobacco the niarshall may require 1 bushel of come. ACT LXV. BESIDES the 103000 of tobacco afore allotted to Further aW be payd to Captayne Samuel Mathewes, It is agreed lowanottp and graunted, that halfe a bushel of come for e*>ery Jhew's. titheable person be payd unto the said Capt. Matthewes, toireather with the tobacco. ACT LXVI. ALL former acts and orders made heretofore by All former act?. any Assembly to be held and accounted repealed and repealed of none effect. ACT Lxvri. IT is ordered, That the 22d day of March be yeare- The22dof lie kept Holyday in comemoration of our deliverance March to be from the Indians at the bloodie massaker which hap- Jeivedasa pened tippou the 22d of March 1G21. holiiday. ACT LXVIII. L ASTLIE, It is ordered, That these acts and ordi- nances be published throughout this colony, and the cotnissioners, for the mounthlie corts doe at the be- How theseacts g'tnninge of theire corts always read or cause to be |jg he e < jf u read, all these acts, and that true coppies thereof be k*j)i in the corts allbrded to be read by all that shall desire the same. The Burgisses were dismissed the 6th of March, Adjournment 1631-2 of the legisla* Y ture- CITft h V m& IheSws* 10 * gulden at James Cittt the 4th day of Sep TEMBER, 1632. ITThe MS. from which the acts of this gpssion were printed; is now m die Library of Congress at Washington. [From a MS." belonging to Thomas Jefferson, Presi- dent of the United States, and purchased by him ivith the library of Peyton Randolph, of his executors.'] BEINGE present Sir John Harvey.. Knight Go- vernor, &x. Capt. ffrancis West, Capt. Richard Stephens. Capt. John West, Capt. Thomas Purife. Capt. Sam. JWathewes, Capt. Wm. Peirce, Capt. Wm. Claijborne, Capt. Wm. Perry, iVlr. Wm. ffarrar. The names of the Burgisses were, vizt: ilbr Arrowhattoekes, the } ^ . rr >i ,^ , i ,t io r< i (■ Capt. ihomas Usborne. neeke of JLand & Corles \ r nor Shirley Hundred Mayne > m ^ ^ ^ Si Gawseyes Care ) ffor Shirley Hundred Hand — Mr. Cheyney Boys. fforWestover & fllovverdue Hundred — Mr. John flludd. ffor We3'anoake — Mr. Richard Coxe. Ilbr Checohominey — Mr. Bridges flreeman. tlbrSmvthes mount and Pe- ) , T T , c . o > Mr. Jolin bmyth. r\es Poyiit ) J ilbr James Citty Island — Mr. John Jackson, ilbr Pasbeyhoigh — Mr. John Corker. ffor the Necke of Laud — Seir Thomas Crumpt. ffor Gleabe Land St Archers ^ Roger Webster, Hope \ Henry Deney. ffor over the water: agaynst \ M R . . , ^ . James Citty ^ Mr * K,c,,a,tl «*»»«*. SEPTEMBER, 1632 — stli CHARLES 1st. ' 7" rtbr Hogg Hand — Mr. Richard Tree. ,. ,, D ( Mr. John Browningc (for Mounts Bay J ^ John Warehan * ~ », • ri , . ( Mr. Rab't Seofchmoiv for Martins Hundred J ^ PercivaI1 Wootl< /r »» ii ii i ^ Mr. Thomas Harwood. nor Mulbury Hand < Ar rr,, u J ( Mr. 1 nomas Bennett. — „ , w t » i ^ Mr. Thomas Barnett, ffor Stanley Hundred | Capt> Thgmu ^ ffor Denbigh & to Waters Creeke-Mr.Pitliplace Clause « „, , ( Mr. Thomas Jorden, flor Warrosquyoake J Mi . Wm Hutchyson. ifrom Waters Creeke to ( Mr. Joseph Stratton, Marie's Mount ( Mr. John Powell. fCapt.Thos.Willowby. ffor the upper parish of Eli- I absent, zabelh-City j Mr. Henry Seawcll, (^ Mr. John Sipsey. ilor the lower parish of Eli- CMr. Adam Thorowgood ' ( , 01 "'" ses in this present Grand Assembly have taken the sayd acts tntotheire consideration, and accordingc a- was then provided where ncede required have made ?. cleerer explanation of some of them, as likewise spme additions and alterations, wee doe therefore hereby deyne and establish that these acts and orders in these -•resents following^ sop explaned and alt< . nib 1W0 LAWS OF VIRGINIA, lishod in this colony and to be accounted and adjudged Repeal of ail j n force. And all other acts and orders ot any assem- bly heretofore holden to be voyd and of none effect. ACT I. former acts. Uniformity in FIRST, It is ordered, That there be a unjformilie doctrines and . . i 1 • i 1 • discipline of throughput this colony both in substance and circum- the church of stance to the cannons & constitutions of the church ot England England as neere as may bee and that every person yeild readie obedience unto them uppon penal tie of the paynes and forfeitures in that case appoyn led. Penalty for not attending church. Exhortation to attend. ACT II. J1ND it is thought Jilt, That the statutes for com- inge to church every Sonday and holidayes be dulie executed that is to say that the church-wardens doe levy one shilinge for every tymc of any persons' ab- sence from ihe church havinge no lawful I or reason- able excuse to bee absent. And for due execution hereof the governor and counsel! togeather with the Fiirgisses of this Grand Assembly doe in God's name ernestlie require and charge all commanders, cap- taynes and church wardens that they shall endeavour themselves to the uttermost of theire knowledge that the clue and true execution hereof may be done and had through this colony as they will answer before God for such evills and paynes wherewith Almightie God may iustlie punish his people for negleclinge this good and wholesome lawe. Ministers and church war- dens to make pi psentments ; and return a re-rister of marriages, births and deaths. Church-war- dens, when chosen. ACT III. It is ordered, That as many of the mynisters as con- venienUie may, and one of the church wardens at the least of every parish be present yearlie at midsomer quarter cortes bplclen at James Citiy, on the 6rst day oi June and there to make theire presentments uppon oath togeather with a register of all Burialls, christen- ings and marriages as likewise theire accounts of all levyes, collections or disbursements as have beene or fallen out in theire tymes eoncerninge the churgh af- fay res. And further that they choose church- wardens at the feast of Easter yearelif* SEPTEMBER, 1632— 8th CHARLES 1st. 181 ACT. IV. NOE man shall disparage a mynister whereby the Penalty for mvnds of his parishioners may bee alienated from him dispwaginga J . . . . r i /r ii c minister and his mynistry prove lesse eiiectuall uppon payne ot severe censure of the Governor and Counsel!. ACT. V. NOE mynister shall celebrate matrymony betweene Matrimony, any persons without a facultie or lvc.en.se graunted by notro he ce- *i r* . .i l V ♦ u lebrated with- the Governor except the banes ot matrymony have ()Ut |j cenge or beene first published three several! Sondayes or holi- publication of dayes in the lyrae of divine service in the parish churches' bann8, where the sayd persons dwell according? to the booke of common prayer, neither shall any mynister under Within what any pretence whatsoever, ioyne any persons so IVcened nous e toe cere- * ' ii i !• i uioiiv tn be in marriace at any unseasonable tynaes but onlie be- performed tweene the bow res of eight and twelve in the forenoon?, nor when banes are thrice asked, and no I y cense in that respect necessary, before the parents or governors of ^ , ma f" a f e .to lie celebi at the parties to be maryed yf the) be under the age of e d without twenty one yeares, shall either personally or by sufti- consew of pa- cient testimony, si^nifie to him theire consents given "* ms or ? uar " to the sayd marriage. ACT VI. EVERY mynister in this colon}' havinge cure of Ministers to soules shall preach one sermon every Sonday in the P | " eacho »" J • • r i r ii • i« c i sermon ever} yeare, havinge no lawiull impediment, and yi the my- Sunday; nister shall neglect theire chardge by unnecessarie ab- sence or otherwise, the church- wardens are to present it But because in this colony the places of theire cure are in many parts farr distant ; // is thought fitt, l^eVlVnT''^ That the mynisters doe soe devide theire turnes a-s by among die the ioynt agreement of the parishoners shall he de- parishuuers. g sired. ACT VII. IT is thought fitt, That uppon every Sonday the Ministers w ■ "i i i ]/• i i /• instruct and mynisters shall hale an hower or more before eveniuge ,. ,., , v , . ., prayer examine, catechise, and instruct the youth and dun. ignorant persons of his parish in the ten commandments, the articles of the beliefe and the Lords prayer. And .82 LAWS OF VIRGINIA, Penalty, on parents, mas- ters aiui chil- dren for neg- lect. r^i-w. Vi- viens i . lake id thought expedient^ accorcfinge to a former order made by the Governor a uiseli. that ail church-wardens, shall take this v ii., am that it be administred before those that are of the comission for the monthlie corts, vizt. " You shall sweare that you shall make true pre- sentments of all such persons as shall lead a prophane or ungodlie life, of such as shall be comon swearers, drunkards, or blaspheamers, that shall ordinarilie pro- phane the saboih dayes or contemne God's holy word, or sacraments, you shall also present ail adulterers or fornicators, such as shall abuse their neighbours by slanderinge, tale carryinge or backbitinge, or that shall not behave themselves orderlie and soberlie in the churche duringe devine service. Likewise you shall j)resent such masters and mistrisses as shall be delin- quent in catechising of the youth and ignorant per- sons, sue help you God.'' Ministers (o visit those dan- gerously sicU. ACT. IX. WHEN any person is dangerouslie sicke in any parish the mynister having? knowledge thereof shall resort unto him or her to instruct and comfort them in theire distresse. Register of marriages, ACT. X. IN every parish church within this colony shall be kept, by the mynister a booke, wherein shall be writ- SEPTEMBER 1632— 8th CHARLES 1st. 188 ten, the day and yeare of every christeninge, wed- births and dinge, and burriall. «-*£* 52^5? parish. ACT XI. MYNISTERS shall not give themselves to execsse Deportment of in drinkinge or ryott, spending theire tyme idelie by l), "" s,c,,; day or by night playinge at dice, cards, or any other unlawful! game, but at all tynies convenient they shall heare or reade somewhat of the holy scriptures, or shall occupie themselves with some other honest stu- dies, or exercise, alwayes doinge the things which shall apperteyne to honestie and endeavour to profitt the church of God, havinge alwayes in mynd that they ought to excell all others in puritie of life, & should be examples to the people, to live well and christianlic. ACT XII. IN every parish church within this colony the holy Sacrament i^ communion shall bee adttriuistred by the mynister Jj-MmST thrice in the yeare whereof the feast of Easter to be year one. ACT III. AND all preachinge, administringe of the com- SS£t1t" munion baptizinge of children and marriages, shall be tism and done in the church except in cases of necessitie. marriages to 1 be done in tin J church. ACT XIV. THE Governor and Counsell, togeather with the Provision foi burgisses of tliis Grand Assembly uppon the petition m,niste " of the mynisters within this colony, have taken into theire considerations by what way theire mi^ht be a suf- ficient means allowed unto the sayd mynisters, for theire belter subsistence and encouragement in theire mynis- try, and thereuppon have ordeyned and enacted, That theire shall be payd unto the said mynisters, the for- 10 "' ° ftob * c mer allowance of 10lb of tobacco and a Emsbellofcorne, Ti^ttwnT in such manner as formerlie hath beene due. And be- tithe, cause of the low rates of tobacco at present, it is fur- ther graunted and ordered that theire shall be likewise due to the mynisters, from the first day of March last past, for andduringe the terme of one whole yeare next 184 LAWS OF VIRGINIA, \iso the 20th ensueuige, the twentyeth calfe, the twentyeth kidd of calf. '' goates, and the twentyeth pigge throughout all the plan tatioos in this colon}'; and where the noinber of the calves, kidds, or pig^s arise to twenty, then the owner How set out. j s to choose five out of the sayd nomber of twenty, and the mynister to make cboyse in the sixt place, but yf it soe fall out that the noinber bee lesse than twenty, then the mynister shall sett the price, ami the owner either to take the sayd calves, kidds or piggs, then fallen and pay the mynister the twentieth part or else the mynister to take the same and allow unto the owner soe much How long the as shall be due unto him. And it is thought jitt, That owners to keep tne owner keep the sayd calves, kidds or piggs, untill the tyme that they be weanable, that is to say, lor calves the owner to keepe them seaven weekes, and kidds likewise seaven weekes and piggs one mounth. To sive notice And the parishioners are to give notice unto theire mynisters when they are to fetch theire calves, kidds to the minis- ters. and piggs that be clue unto them. ACT XV. Fees of mmis- jj' [ s likewise ordered, That the mynisters shall have these petty duties followinge, vizt : (Tor marriage - - 2s. ffor chnrchinge - - 10 ffor burryinge - - 10 ACT XVI. How the Min- IT is ordered, That uppon the 25lh of October, yf it isters (|,,ns oi bee not Sonday, &. then the day followinge the church 10H)-of Cobc. , i it • . .■ • i- u .u and a bushel wardens shall give notice to the parishioners, that they >i coincollec- bringe in the dutie of 10 lbs. of tobacco for the mynis- ,ed - ters unto a place to be appoynted, within that planta- tion by the church wardens, and that the mynisters be warned to be there, or appoynt some other to receive the same. Audit is likewise ordered, That the dutie of a bushell of corne, be brought in uppon the 19th day of December to the place appoynted within that plan- tation, by the mynister. And no planter or parishioner may neglect the bringinge of the tobacco, or corne as aforesayd,, uppon the penaltie that yf any make default, Penally. they shall forfeite double the quautitie of tobacco and corne, to be levyed by distresse, by the anthoritie ot the comanders. And likewise all arrerages of tobac- SEPTEMBER, 1G32— 8th CHARLES 1st. 185 co and come which have been due to the tnynisters as duties shall and may he recovered by distresse, by vir- tue of this act of this Assembly, and yf the church wardens shall fayle in the execution of theirc office, d ^JJ a 'Jai' hereby enioyned, then the comander shall take order, dens for n< > anA * " I'i'iits count - that he hath counted and nombercd the sayd plants, efl and shall say in his conscience the iust and true nom- Return on her of them, which thinge yf the said planter or master orith- of a familie shall neglect, or that the number of plants be found to exccede the proportion of two thousand plants per pol, then the comander is hereby required ^ote^crop to present it to the mounlhlie corts, and the com is si- to be cm oners there shall give present order to have that whole ■ pa- plant of tobacco, and the severall comanders shall here- |)\ c J™? s re ,han by have power to examine the truth hereof and yf any offend, to punish the servants by whippinge and tobindc Penalty, over the masters unto the next quarter cort at James Citty, to be censured by the Governor and Counsell. And this act shall continue in force uutill the first day 01 March next ensuinge. 190 LAWS OF VIRGINIA, No slips of old stalk* or se- conds to be tended. Penalty. Fourthlie, If is ordered, That no person or persons shall tend or cause to be tended any slippsofold stalkes of tobacco, or any of the second cropps uppon the forfeiture of his whole cropp of tobacco, whereof one halfe to be to the informer that shall sue for the same in any cort within this colony. Tobacco ten- d ■ td in pay- ment, how to be viewed. If not mer- chantable, to be burnt. Penalty on persons re- fusing to view. ACT XXL IT is likewise ordeyned,That yf any marchantor any other person whatsoever shall hereafter make com- playnt to the comander of the place, that any tobacco tendered unto him or them is not good and marchanta- ble, then the sayd comander is hereby required, uppon penaUte of beinge disabled from bearinge any office in this colony for one whole yeare, and further censure of the Governor and Counsell, to make choyceoftwo sufficient men. whom he shall by word of mouth or warraut un<1 his hand reqiure to viewe the sayd to- bacco, and uppon oath to deliver unto him the good- nes and badnes thereof, and to cause the same to be burnt yf it bee not found marchantable. But yf any person or persons shall refuse to viewe the sayd To- baco, and accordingHe to declare the quallitie thereof uppon oath, then it is ordered that the sayd comander shall binde ovtr the sayd person or persons to answer the contempt at the next quarter cort before the Go- vernor and Counsell. ACT XXI L Two acres of IT is likewise ordered, That every man workinge in con, per head ^ g rounc ] s | ia ll plant or cause to be planted and suf- in^telided ficientlie tended yearely at the least 2 acres of corne per pol, uppon penaltie of the forfeiture of his whole Penalty. cropp of tobacco, yf uppon viewe thereof they shall be found deficient, unlesse they shall have a lawfull cause to the contrary. To prevent fores;alliiif,', fc eugross- ine ACT XXIII. FOR the prevention of forestallinge the marketts and ingrossinge commodities. It is ordeyned and as- sented by the Governor and Counsell togeather with the SEPTEMBER, 1632— 8th CHARLES 1st. 191 Burgisses of this present Grand Assembly, That every shipper barque arrivinge in this colony from England Vessels an-iv- ,i i ii -.l r* i ? Capt. 1 nomas Usborne necke oi Liand & Curies } r fforShirleyHundredMayne > M w ^ A & Cawses Care. } ffor Shirley Hundred Hand — Mr. Rice Hooe. ftbr Westover&ifflowerdue Hund.— Capt.Thos.Paulett ffor Wyanoake — Wm. Emerson, gent FEBRUARY, 1632-3 — Sth CHARLES 1st 303 (tor James Citty, Checoho- ) T , >-, . idu i • i > John Corker, gent, minej-andrasbeyheignes ) D fibr Neckeof Land — Thomas Crumpe, gent, ffor Archers Hope & Gleabe )„ ^ Land \ Hen ' 7 Cenc >'' S ent * ffor Smythes mount, the o- ^ ther side of the water and > Thomas Grindon, gent Hogg Hand ) ffor Harropp and to C Richard Brewster, 7 Martins Hand. \ John Wareliam. ) a- -mi .• vt i j { David Mainsfield, ) nor Martins Hundred < ,, , ,, e i > gents. £ Rob't bcotehmore, ) ° ifor Mulbury Hand | ^aj^^ 9 ^ ] S ents ' ffor Stanley Hundred j| R*^ r ^ ilk " PRS ' ] gents. - -p. ,. , ^ Capt. Thomasfflynt, > nor Denbigh Wn u u* t gents. ( I nomas Hawkins, $ *r w , ( John Upton, t } ftor WarroS( l u >' oake 1 Robert Savin, ' \S^s. ffor Nutmegg Quarter — ffrancis Hough, geni. ffor the upper parts of ( Thomas Sheppard, ") Elizabeth Citty { John Sipsey, 5 ffor the lower parts of ( William English, > Elizabeth Citty \ John Arunell, ) ° TCapt. Edmund Scarborough, > ffor Accaw- J' John Howe, ) macke ] Roger Saunders. ^ ° ^John Wilkinson, $ ffor Kiskyake — Capt. Nichs. Martian. ffor Yorke — Lyonell Goulston, gent. ACT I.* WHEREAS divers acts and orders were made and established in the Grand Assembly holden at James Citty Preamble * The acta of this session are not numbered in the M3. either in ♦he margin fthe sayd commissioners, that he or they have kept backe from the sayd stores no tobacco of theire cropp or croups, except such as is reserved for Exception his or theire owne spendinge to use in his familie. 4thly, The sayd live stores shall be kept in the pla- ces followiijge, vizt. At James Cittv, at Shirley hund. Hand, Denbeigh, At what pla- SouthamptoD river in Elizabeth Cittv, and Kiskyake, ces,storesor vizt. all the inhabitants in the upper parts, as lowe as ^tablished Weyanoake shall bringe theire tobacco to the store at Shirley hund. Hand, and the inhabitants from Weyan- oake to Stanley hund. and Lawnes Creeke to the store at James Citty, and all the inhabitants from Stanley hund. and Laynes Creeke downe to Maries Mount to the store at Denbigh. And all the inhabitants of Eli- zabeth Citt3', Accowmacke and the lie of Kent to the stores in Southampton river. bthly. Lastlie all the inhabitants of Charles river to the store at the Rocks agaynst TindalPs poynt. Noe tobacco uppon payne of confiscation after the Wha , tob& publication hereof, shall be made upp in rolle except go may be betweene the first day of August and the last day of inafle l, P '" October, and noe old tobacco shall be made upp upp- on the like payne but that which shall be cured that present yea re. Qthly. Be it further ordered, That no planter or mas- Number of tcr of a familie, shall plant or cause to be planted above plan's pr-r 1500 plants per pol ; and they which shall not plant to- J^' lin,it ' bacco, or they which shall be otherwise imployed, may not transfers theire proportion of plantinge the sayd p . 1.500 plants or any part thereof unto any other whome- pitting not ver. And as neere as may be the planters shall en- "> be trans- deavour themselves to plant and sowe these kindes of ,(r "' d - tobacco which are of the longe sortes, and all other sorts the next yeare shall be quite left of, and given u ' h>lt sort of over: and to prevent any greater quantities every plan- p\^ C ° to >ac- 206 LAWS OF VIRGINIA, Oops of to- bacco to be viewed and euituted-. Penalty for negb-ct or ex< es») on the planter. On the com- manders, of plantations. < .ods to be landed at Jatm s City, ic contracts for tobacco there to be made! Penalty. Price of to- Hacco. Penally for selling for less. fnvoires of goods lo be delivered. ter or master of a familie plantmge a cropp of tobacco more or lesse shnll he tyed to procure one of his neigh- bors, or some sufficient man to count and nomber his or theire plants of tobacco who will uppon his oaih de- clare and testifie unto the commander of that place be- fore the tenth day of July that he hath counted and nombered the sayd plants and shall say in his consci- ence the iust and true nomber of them, which thingeyf the sayd planters or maysters of a familie shall neglect, or that the nomber of plants be found to exceede the proportion of 1500 plants per pol, then the commander is hereby required, to present it to the mounthlie corts. and the commissioners there shall give present order to have that whole cropp of tobacco cutt downe, uppon payne of imprisonment and censure of the Governor and Counsel and Grand Assembly, yf the sayd com- missioners shall neglect the execution thereof. Also uppon neglect of the commander herein lie shall be censured by the Governor and Counsell. And any person soe offend inge in exceedinge the quantitie of 1500 plants per pol as is aforesayd shall be utterlie ex- cluded from plantinge tobacco, after due conviction of the s;ty d offence. Ithly, All goods shall be landed at James Citty ex- ceptiuge such beddinge and wearinge apparell -as be- longe to passengers. And all contracts, bargaines and exchanges in tobacco for any part of the sayd goods shall be there only made ami done, with the privitie of such store keepers as shall be appoynted at James Cit- ty, uppon penal tie of the forfeiture of the sayd goods and tobacco, both for the buyer and the seller, which shall be elsewhere or otherwise bought or sould. And no person or persons sellinge or barteringe his tobacco shall directlie or indirectlie take any goods tor the same under the rate of six pence per pound lor every pound of tobacco, which he or they shall soe barter or sell, as the goods first cost in Enghind bona fide uppon penal- tie of the sayd offence, to forfeite the sayd tobacco soe bartered or sould, the one halfe of which forfeiture shall be to the informer, and the other halfe to pub- lique uses, and shall also suflVr such other punishment as shall be thought fitt by the Governor and Counsell. ftthhj, And to avoyd any indirect courses herein to frustrate the good intention of this act all masters oi FEBRUARY, 1632-3— 8th CHARLES 1st. 2<>: pursers of shippinge shall deliver uppon oath the true contents of all such goods as are imported in theire shipps; and that they have discharged none. And yf they shall finde any more than is conteyned in the in- vo\ce which they shall deliver, they shall give know- ledge thereof before thev land the same. And further 9 i i n i I . I Searchers t" to that purpose searchers shall be appoynted to search be appoill( . the shipps and secret places of the sayd shipps. and to eri seize all concealed goods. *»w ap-* inhabitants of Maries Mount, Elizabeth Citty, Accaw- pointed macke and the He of Kent. And the seaventh store to Al1 t i °!' : . tcc ° be in Charles river, for the inhabitants of Kiskyake, jotheware- Jforke, and the places adioyninge. And the comission- houses be- ers for the severall parts shall take care to see sufficient *?"* th . ij* st stores built and able store keepers appoynted as they i„'be inspect will answer the contrary. And all the planters shall < « Ij y sworn be obleiged to bringe in all their tobaccoes into the said g,^ , ',^' h s , severall stores before the last day of December next, council, and soe forth from yeare to yeare. And all the said wln ^ dwell- tobacco beinge brought into the said stores, shall be ,.' s r t' be 'ai • there repacked, viewed and tryed by sworne men nomi- ways an in- nated for that purpose, whereof one at least to be of s i )ector * w »« the counsel I, whose duelhnge is neerest to ilir<:. place, C ojnm.i*i to whome the rest of the comissioners of the severall era. of m plantations shall be ioyued assistants, who togeather with ' .'. " u '* r i i ii J i ii i ,• Ie,! ' such as they shall appoynt shall once a weeke or clicn- < ; ,re a er yf neede require, take veiwe of such tobacco as brought in, and cause the badd and ill conditioned to- bacco instantly to be burnt. And such tobacco as the . said sworne shall finde to be good and marc haul '■'• on • 2L2 LAWS OF VIRGINIA, account of the planters. able, shall be receaved into the said stores and uppon the severall accounts of these that were the planters thereof. Furthermore it is ordered, that no person or persons doe or shall pay or receave or cause to be payd or receavcd any tobacco [Obliterated,] Tobacco to be brought to ware- houses before last day of December. Oath to be taken .Reservation for planter's own use. When and whnt tobac- co to be made up in rolls. Limitation of number of plants per head. Risht to plant not to be transferred. What sorts to be planted. Crops to be viewed and numbered. And any person or persons for whome one or more cropp or cropps of tobacco shall be planted shall not withhold or reteyne, any tobacco from bringinge the same to the said stores uppon penahie of confisca- tion of soe much as shall be kept backe at the last day of December, to which purpose also every such person or persons shall be sworne at or before the last day of December yearlie to take his oath at the said stores, or there to present certificate of such oath under the hands of the said comissiouers that he or thev had kept back from the store no tobacco of theire cropp or cropps except such as is reserved for his or theire owne drinkinge, [a] to use in his or theire owne families, &c. And no tobacco upon payne of confiscation after the publication hereof, shall be made upp in rolle ex- cept betweene the first day of August and the last day of December. And no ould tobacco shall be made upp upon the like payne, but such as is cured that present yeare. Be it further enacted, That no planter or master of a familie, shall plant or cause to be planted above 1500 plants per pol, and they which shall not plant tobacco, or they which shall be otherwise imployed shall not transfer to make over their proportion of plantinge, the said 1500 thereof unto any other person or persons whatsoever, and as neere as may be shall endeavour themselves to plant and sowe these kinds of tobacco which are of and all other sorts the next yeare shall be quite left and given over. And to prevent quantities, every planter or master of a familie, plantinge a cropp of shall be tyed to procure one of his neighbors or some other sufficient man, to his or theire plants of tobacco, who will upon his [a] Spendinge in former act. AUGUST, 1633— 9th CHARLES 1st. 213 oath declare and testifie unto of Return on that place before the last day of July yearelie that he oatI ' hath counted and nombered the said plants, and shall say in his conscience the iustand true nomber of them, which thinge yf the said planter or master of a familie shall neglect, he shall forfeite for the said neglect the value of £10 sterlince to the mainteynance of the cas- P(Mlnl,v fo! «. * neglect. tie. And the commander is hereby tyed under severe punishment to present such ofTenders unto the next mounthlie cort which shall cither take good se- curitie for the payment of the said £10 or commit him or them until they shall put in sufficient securitie or pay the said £10 in money. And yf any person or persons shall be found to exceede the nomber and pro- For rxcecd - c i r*\/\ i i -^ • i i i • I > n ff the quau- portion ot 1500 plants per pol, it is ordered tnat he or , it * they shall forfeite 6d. for every plant soe exceeded, the one halfe of which forfeiture shall be to the informer and the other halfe to publique uses. And further to ,nvoices °J , ,. j» i i • goods to he avoyd any indirect courses to frustrate the good inten- delivered. tion of this act, all captay nes, masters of shipps or pur- sers, or other officers whatsoever, as also all passengers, saylors and owners of any goods imported into this co- lony, or which shall as factors have the disposall of any such goods as are imported for sale and inarchandise, shall deliver places oppoynted at James Citty, the true contents of all such goods, and every part thereof in particular to the uttermost of theire knowledge, and that they have not disposed nor sold any of the said ^V" bc goods, and yf in case they shall finde after such given in upon oath more than are mentioned in the same they shall give knowledge of the same ; which p . oath yf any shall refuse to take then he shall be comit- ted to prison, untill he shall take the same oath. And Searches to further it is ordered, that able searchers be appoynted be appointed from tyme to tyme to search the holds and secrett places of all shipps or vessels which shall import any goods as aforesaid, and yf the said searchers shall finde any concealed goods, they shall give notice thereof to the Governor and Counsell and seize them into theire hands. i!4 LAWS OF VIRGINIA, Vessels arriv- ing not to break bulk till they come to J. Citr. Penaitv. Duty of com- mandec of fort. ACT II. An act to repeal the 23d act made the 4th day of Sep- tember, 1632, and for landinge of goods at James Citty and speed ie repaire of shipps thither, and dutie belonginge to the present comander of the ffort. IT is ordered. That the 23d act made the 4th day of September 1632 for the dischardgingeandunladinge of all shipps at James Citty, be in the whole and every part thereof repealed; and that this act in place there- of, with such additions as are therein conteyned be es- tablished and concluded, Be it therefore enacted, That every shipp, barque, boate or vessell arivinge into this colony from England or any other parts whatsoever shall, the first wynr] and weather, sayleupp to the port of James Citty, and shall not unlade any goods or breake any bulke before she shall cast anchor there, upon paine that thecaptayne, master, owner or pilott, of thesaid shipp. barque, boate, or vessell, havingechardge and command of the samp, shall forfeite the said goods, or the value thereof, and shall also suffer onemounthes imprisonment, the one halfeof which forfeite shall be to him or them who will or shall sue for the same, in any cort within this colony, and the other halfe to public uses. — And it is further enacted, That the present co- mander of the ffort at Poynt Comfort or his deputie appoynted to thatpurpose, upon the arivall of any shipp, barque, hoate or vessell the sea without the capes, shall immediatelie make his repaire aboard [Obliterated] Oaths of su- comander of the ffort shall administer unto them and premacy and every of them the oathes of supremacy and allegiance, •t!le<;iance. 1 • i c • n r . „<■ 1 i i i which yl any snail remse to taiie that then he comit him or them to imprisonment. And it is further ordered, That the present comander of the ffort. shall there read and fixe at the maine mast of the said shipp, barque, boate, or vessell, a proclama- tion followinge : lamation " To the captaynes, masters, commanders, and pur- to be fixed at sers of anv shipp, barque, boate or vessell arrivinge at the ffort at Poynt Comfort; I, Sir John Harvey, Knight, Governor and captaynegenerall of Virginia send greet- AUGUST, 1633— 9th CHARLES 1st. 2V* 'inge. These are in his majesties name, to will and re- quire and straightlie to chardge and command you and every of you accordinge to the instructions directed unto me and the Counsell of State, from the right hon'ble the Lords of his Majesties most hon'ble privy counsel!, that with the first wynd and weather, you sayle direct- lie to the port of James Citty ; and that you unlade no goods nor breake any bulke until you shall come to an anchor there, uppon penaltie of the losse of the sayd goods, and one mounthes imprisonment. Given at James Citty the 21st day of August Anno Domini 1G83." And it is further enacted and ordered, That all such ^il goods '« J . , . i i .„ be landed at goods whatsoever cominge in any shipp, barque, boate James city or vessell unto the port at James Citty as aforesaid, shall be there dischardged and landed upon penaltie of the forfeiture of all such goods not soe dischardged and landed. A r everthelesse it shall and may be lawfull to E tioil . dischardge and land any beddinge and wearinge appa- rell as belonge to passengers ; also any strangers or planters after leave obteyned from the Governor, may after the arivall of the shipp at James Citty take such goods as belonge unto them for theire owne use, and convey them to such place as they shall have occasion to imploy them, provided that they doe not sell these goods, nor any part thereof for tobacco. ACT III. An act for Wayters to be put aboard all Skipps at theire arrivall at the fort at Poynt Comfort. WHEREAS it appeared) plainelie that divers cap- Preamble, taynes, masters, officers, saylors and owners of shipps, barques, boates or vessels have notwithstandinge strict lawes made to the contrary, made contracts, sales, and delivered many goods after theire arrivall at the fort at Poynt Comfort, before theire castinge anchor at James Citty, for the prevention of the like abuses hereafter, It is ordered by this Grand Assembly, That all and every shipp, barque, boate, or vessell arrivinge at Povnt Comfort, shall have a sufficient wayter put Waiters to aboarde from the ffort, and not to ch-part out of the said J^VesseU shipp, barque, boate, or vessell, untill she arrive at the at the fort 216 LAWS OF VIRGINIA, port of James Citty, which wayter shall see that there be no breach o{ any of the acts by them the captaynes, masters, officers, saylors, and owners, of any goods shipt or laden in any of the said shipps, barques, boates, or vessells. Preamble. Accounts io contracts to lie kept and made in mo- ney. \lso all pleas and actions of debt and trespass, or- ders, judg- ments and decrees to be entered in money. ACT IV. An act for all Contracts, Bargainee, Pleas and Judg- ments to be made in money and not in tobacco. WHEREAS it hath beene the usuall custome of marchants and others dealinge intermutually in this colony to make all bart^aines, contracts, and to keepe all accounts in tobacco and not in money, contrary to the former custome of this plantation and manner of England, and other places within the king's domi- nions, which thinge hath bread many inconveniencyes in the trade, and occasioned many troubles as well to the marchants as to the planters, and inhabitants amongst themselves. It is thought fill by the Governor and Courts ell and the Burgisses of this Grand Assembly, That all accounts and contracts, be usually made and kept in money and not in tobacco, and to that purpose, It is also thought fitt, That all pleas and actions of debt or trespass be commensed and sett downe in law- full money of England onlie, and in no other comodi- tie. And further that all orders, Judgments, decrees, and acts, made and ordered in any of the corts within this colony concerninge the premises shall be sett downe and entered in English money accordinge to the custome of all pleas and judgments in the kingdome of England. Preamble. ACT V. An act that no Tobacco be laden in Shipps that come emptie, but to befraighted accordinge to theire ladinge unlesse at £ 3 per tunn. THE whole bodie of this Assembly takinge into theire consideration the best means to animate & en- courage such marchants as adventure hither for the supply of this colony and that they may have snch con- venient fraights as may induce them to contiuew theire AUGUST, 1633— 9th CHARLES 1st. 211 , trade with us and divers other shipps cominge almost emptie into this colony havinge either altogea- thcr or dischardged theire ladingein other parts have yet obteyned full fraight of tobacco occasion of enhanseingetheratesof tunnage and fraight to the great prejudice of this colony ; It is therefore ordered that no shipps or vessels be permitted to have any more fraight here then quantitie of theire Q ,iini "y a,,ri i • i • i ■ ■ ■ « i • . rales oi goods imported in the said shipps, or otherwise except f ri .j„i„ those said shipps cominge it holly unladen or in part will accept of fraight of tobacco at 3 £ per tunn ACT VI . [Obliterated] rates that they bought the same, to the great prejudice Inerossere of the inhabitants here, It is ordered and enacted, That defined what person or persons soever shall buy any shoos, Irish stockings, course wollen stuffs, servants shirts or course lynnen to make shirts, or sheets for servants, or course wol len clothes for fittinge for servants apparell, and after- wards doe sell the same at dearer rates than he bought, the same, shall be judged, reputed and taken an unlaw- ful ingrosser and ingrossors, and shall receive such pu- nishment as is appoynted by the statutes and the lawes of England. Neverthelesse, this act any thinge Act not to therein contevned shall not preiudice any marchant or cxt * n .' ,0 i ii i f \ r • certain per^ other that shall buy any of the goods aforesaid for any SO ns. planter in any remote plantation, haveing under the hands of the planters there to buy any of the goods aforesaid for theire uses, and to take such allowance as they can agree, provided that he buy no more than he hath order to buy, and that such goods soe bought be onlie and ineerelie necessarie for the use of that plan- tation. 2 D 21$ LAWS OF VIRGINIA. Former act repealed. Duty on eve- ry ship, pay- able in pow- der and shot By whom col- lected. ACT VII. An act made to repeale the 24lh act made the 4tk day of September 1632 and for the shipps to pay powder and shotl to theffort. FOR divers considerations it is thought fitt and soe ordered. That the 24th act made the 4th of September, 1632, be repealed and stand voyd, and this ensuinge act be instead thereof in full force and power. Be it therefore enacted by the authorilie of this present Grand Assembly, That every shipp cominge out of the ocean unto the habour at Poynt Comfort, in dischardge of all payments and duties there for the said shipp, shall pay one quarter of a pound of powder and shott propor- tionably for every tuna of burthen that the said shipp is of. And the commander of the ffort at Poynt Comfort shall hereby have power to require and take the same. TJemp & flax to be cultivat- ed. ACT VIII. An act io repeale the 25th act made the 4th of September 1632, and that Hempe and Flaxe be planted. IT is ordered, That the 25th act made the 4th day of September 1632 be repealed and voyd. And that every planter as soone as he may, provide seede of flaxe and hempe and sowe the same. Preamble No female cattle to he exported. ACT IX. An act against Transportation of Cowes and Female Catle. WHEREAS it doth appeare that the late preserva- tion of female neate catle within this colony hath much encreased the nomber of them and inritcht this colony, and the continewance thereof yet for a tyme will much encrease the nomber of them further; It is ordered, That no cowes, heifers, or female catle be transport- ed to any other parts of the government of this colo- ny now established, upon the forfeiture of the catle soe transported, or the true value of them, the one halfe of which forfeiture shall be to the informer, and the o- AUGUST, 1633— 9th CHARLES 1st. 219 ther halfe to publique uses, And this act to continew in force uatilJ the next Generall Assembly. ACT. X. An act that no Amies or Amunition be sould to the In- dians. IT is ordered and appoynted, That yf any person or No arms tn persons shall sell or barter any gunns, powder, shott, ammunition 1 . . ii- i i- to be sold or or any amies or amunition unto any Indian or Indians bartered to within this territorie, the said person or persons shall the Indians, forfeite to publique uses all the goods and chattells that p . he or they then have to theire owne use, and shall also suffer imprisonment duringe life, the one halfe of which forfeiture shall be to him or them that shall informe and the other halfe to publique uses. ACT. XI. An act that no Cloath be sould to the Indians. WHEREAS there hath beene great quantities of Preamble cloath, bayes, and cotton, bought upp out of the stores of this colony, by such as have traded the same with the Indians, at such tyme when as the inhabitants have beene in great want and neede. Now although all trade with the natives is to be cherished for many re- spects, yett it is thought fitt that the necessitie of our present want, be first to be supplyed, And therefore it No cloth to is ordered, That no person or persons, doe trade or u^e,.^!,, trucke any such cloath, cotton or bayes, unto any ludi- the Indians, ans which is or shall be brought into this colony, as mar- chandize intended to be sould to the planters here, upon Penal, J- penaltie and forfeiture of double the value of such cloath, cotton or bayes, as any such person or persons shall trade or trucke unlesse the Governor uppon veiwe Exce P tlon - taken io the stores that there is such cloath, cotton or bayes doe give leave and lycense to trade and frurke such clojiths. cotton or bayes to the Indian 220 LAW& OF VIRGINIA, Secretaries' 41 marshal's fees, to be paid in mo lie v. ACT XII. An act for the Secretaries and Marshalls Fees in Money. WHEREAS by the 57 and 58 acts made the 4th of September, 1632, the fees of the secretaries shall be appoynted in tobacco and corne, It is ordered by this present Grand Assembly, That the fees be rated in mo- ney as followetb, vizt. The Secretaries fees to be — secretaries fees Marshal's fees t'reamble for an ordinarie warrant - 2s Gel for a passe - - 5 for a commission to trade [obliterated'] for a commission of administration 10 for a patent for recordinge per sheete for an order of cort The Marshalls fees to be — 15 1 2 6 5 I 5 5 2 6 for an arrest for warninge to the cort c . ( comeinge in tor imprisonment I • D r ( goinge out Layinge by the Heeles For whippinge } pillorye \ severally 5 duckinge ) And for lodginge and diett as the prisoner and the marsh all can agree. And these fees as well for the socretarie as the mar- shall shall be paid in tobacco or corne accordinge a? the rate then goeth. ACT XIII. An act to repeale the allowance of the 20th Calfe, Kidd t or Pigge, to the Mynisters. WHEREAS by the Assembly held on the first day of February 1632 the act intituled " An act concern- inge the Mynisters^ alloivance,^ is onlie to continew AUGUST, 1633— 9th CHARLES 1st, 221 untill the session of this present Assembly, It is now Act imposing thought fitt, That the said act be fully repealed, voyd, e j! e!> repea " and of none effect untill it shall be fittinge to re-esta- blish the sayd act. And for such mynisters as have not this yeare, for the tyme past, taken the sayd tythes of the 20th calfe, kidd, or pigge, It is also ordered, . That the composition which they have made for the position due same, shall be paid unto the said mynisters this ensu- to be paid, inge cropp, at the tyme when theire tobacco and corne is due unto them. ACT XIV. An act act for the alloivance of Sto?-e Keepers. IT is ordered, That the store keepers for the seaven stores appoynted by the Assembly shall have 1 per cent, for theire care in keepinge accounts of the seve- rall parcells of tobacco receaved into these stores and theire attendance keepinge the keyes and carefull look- inge to the said tobacco. Audit is ordered, That the store keeper at James Citty shall have 1 per cent, of all tobacco which shall be paid to any marchants for any kinde of goods bought for tobacco at James Citty ; and the said store keeper at James Citty shall keepe sealed weights and lawfull and true stilliards allowed by the Governor to weigh all such tobacco, as shall passe out of the said store for goods bought at James Citty. And the said 1 lb. of tobacco shall be borne as follovv- eth, vizt. one moyetie thereof by the planters, &i one moyetie by the marchant or partie to whom the said tobacco shall be paid as aforesaid. Commission allowed to the store keepers. Allowance to the store keeper at James City. To keep seal ed weights, and lawful steelyards. Commission, how paid. ACT XV. in act for the payment of 1-2 a bus he 11 of Corne to Caplayne Mathewes. IT is ordered, That the 1-2 bushell of corne which Mode of col by the assembly was formerlie given to Captayne Sa- lectiwgthe muell Mathewes, shall be brought to such landinge j^" d— all charitable and hall'the good to be burned. Sothe whole ,i,e6ft * aod quantitie made would come to l,&00000 without strip- r t>ede- ing and smoothing: and next 2 years 1701b. tobacco strayed, per poll stript and smoothed Was to be made which Creditor to would make in the whole about 1, 3000001b, and all eertuin part creditors wire to take 40ib. for a hundred*. »' iiis debt au)y ACT II. NOE man to be obliged to perform above half his ! . ^ . P . * . , debturs venants about ireighting tobacco in 1639. tobacci cov Reliel ..; S, Oil ceo con tracts. ACT 111. \V 1 IERE AS by reason of the iate proclamation pro- ( . "{ ot '7trbi'oi hibiting (until further order from this Assembly) all and creditor. trade for tobacco, diverse persons were indebted for money whose debts are to be satisfied in tobacco at 3d. per pound and merchants to advance but 30 per cent, on their goods and both debtor and creditor to be ac- countable according to the sale of the tobacco in Eng- land or the debtor mav eonsign hi* tobacco arid pav money. ACT P . Limitation ot AFTER the planters debts are paid they shall not priceofto. lispose of the remainder of their tobacco made 1039 bacco. "inder 3d. per pound at the first peny. ACT Y. A TUN of tobacco to consist of 4 hhds. and if any Contents©! ,■ i • i i c*c> <• • i.i tr>l » °' lobar master ol a ship exacted above Jib per tun Ireiglit he - to be fined at pleasure of Governor and Council. CO. ACT VI. AFTER 10th May debtors to make tender of their Howtobae- tobacco before the viewers. '." , " 1 b( " ,en 2 & 226 Public char- ges, minis- ters, &JC. LAWS OF VIRGINIA, ACT VII. HOW public charges and impositions is to be paid, vizt. ministers IQJb. per poll to maintain himself, elk. and sexton; muster master gen'l. 31b; capt. of the fort and ten guards, 31b. Two lbs. to be raised next year, to build a new fort at Point Comfort and 21b. more to build a state house. Debtors to pay 2 thirds of their debts only. ACT VIII. NOT to pay above 2 third* of their debts during the stint. Price of to- bac- o made 1640. ACT IX. TOBACCO made 1640 not to be sold under 12d per pound and 2s per lb. next year's crop, on forfei- ture of the whole crop. All persons to be armed except ne- groes ACT X. ALL persons except negroes to be provided with arms and atnunition or be fined at pleasure of the Go- vernor and Council. Jauies City the metropo- lis. ACT XI. JAMES CITY to be the chief town and Governor is to have his residence there. ACT Xll. Concerning AN act against buying wine or liquors repeal- wine. ef j_ ACT XIII. Orchards. AN act to plant orchards made in 1636 revived. JANUARY 1639-40— 14th CHARLES lsi. 221 ACT XIV. ANY person may export to New England or other A certain neighboring colon v the 7th head of neat cattle and no P ro P° 1,,on <> f ° . ° i ' i i i i cattle may be more under penalty double value. exported ACT XV. NO person to buy com of the neighbouring colonies At what pri- or Indians unless it be 16s. per barrel, and then ces corn may r , . r*, , ' . . > i be bought fc must first obtain Governors commission lor it, and so id when corn is under 12s. by such commission, may ex- port it. ACT XVI. Deeds and A DEED or mortgage made without delivery of , possession to be adjudged fraudulent unless entered in when deem- some court. ed fraudu- lent. ACT XVII. AN act in 1637, which makes it felony to barter with Trading the Indians repealed, and etiacted that for trading with with the In- them for arms and amunition shall be felony, and for lans other commodities imprisonment at discretion of the Governor and Council. ACT XVIII. PLACES to be paled in to bury the dead in Burying grounds. ACT XIX. NO sheriff to compell any man to go off the planta- tion where lie lives to choose burgisses. Burgesses, how chosen: ACT XX. CHURCH wardens to present to monthly courts, Duty of and the court is to inflict punishments if within their churchwar- dens, cognizance. 22S LAWS OF VIRGINIA. Shooting ami 1 1 1 r 1 1 f i • 1 • j , how exercised. ACT XXI. NOT to shoot or hunt on other men's hind that t§ seated and bounds marked under penalty of 40s. but may pursue deer and shoot on their own land. BouikI.'u i. ■ of Is!e of Wi»ht and Lower Nor- folk counties. ACT XXII. WHAT shall be the bounds of Isle of Wight, Up- per and Lower Norfolk Counties. Hogs to be "onfined. ACT XXIII. HOGGS to be confined in pens by night and to have keepers by day or owner to satisfie all damages done by them. Quitrents when pay- able. ACT XXIV. SEVEN years after date of patents, 2s. per hundred acres quitrents to be paid yearly, at some convenient place to be appointed in each county. Kiskyake parish. ACT XXV. CHISKIACK to be a parish. Demurrage of vessels ACT XXVI. NO demorage to be allowed for the stay of ships — according to a proclamation for stinting and regulating tobacco. ACT XXVII. ' i- ! '.( <>r A MAN that has a wife or child in England that i plant- ^jjj f ormer ]y reside here may be allowed a proportion of tobacco. Council and si'rviiiits ex- empted. ACT XXVIII. COUNCIL and 10 servants each, exempted from publick charges. JANUARY, 1639-40— 14th CHARLES 1st. 229 ACT XXIX. THE act of 22d 8br. lust concerning burgisses char- Burgesses ges repealed, and the act in 1636 revived instead char S es thereof. ACT XXX. MR. Benjamin Harrison to be paid £ 7: 10: Compensation sterling instead of 600 lb. tobacco due from the pub- ,0 ' arr,son ' lick. ACT XXXI. ORDINARY keepers to have instead of 6 lb. to- Taverns rat. bacco, or 18d. in money for a meale or gallon of beer e<1 - but 12d. because of the great plenty of provisions. ACT XXXII. LAWNS Creek made a parish. Parish ACT XXXIII. BY an act in 1633 all masters of ships were to pay a Duty payable proportion of powder and bullets to the fort at Poynt at Point Comfort according to their tunnage Now enacted that a ^ r ^ t ' they pay match and paper Roial proportionable to burden. ACT XXXIV. LEVY 17 lb. tobacco per poll, Public Lerv kws [Al^* Of the proceeding's of the Grand Assembly ol Virginia in the year 1642, we have no remains, except two papers, the one entitled " The Declaration against " the Company to be entered as the twenty-first act;" the other, " A Remonstance of the Grand Assembly/' The first is signed by the Governor, members of the Council and House of Burgesses, and dated at James City, the first day of April, 1642, in the 18th year of the reign of Charles, &c. immediately after which the Assembly adjourned to meet on the second day of June in the same year: — The other is dated the first day of July, 1642. These papers are preserved both in the Ancient Records of the London Company, and in a ma nusmpt volume belonging to Thomas Jefferson, Esq. (President of the United States,) which was purchased by him from the executor of Richard Bland, Esq. — From this last mentioned volume the following are ex- traded. See, for the first, page 106 : and, for the se- cond, page 103.] The Declaration against the Company to be entered as the twenty-first act. TO all christian people to whom these presents shall come to be read, heard or understood, We the Governor, Council and Burgesses of the Grand Assembly in Vir- ginia send greeting in our Lord God Everlasting: Whereas George Saudis, Esq. being appointed agent for the colony by an Assembly 1639 hath exhibited a petition in the name of the adventurers and planters in Virginia to the Honourable House of Commons in Par- liament in England for the restoring of the letters pat- ents of incorporation to the late Treasurer and Compa- ny — mistaking his advice and instructions from the said Assembly; for his so doing it being neither the meaning nor intent of the said Assembly or inhabitants .Mere for to give way for the introducing of the said company or arty othei APRIL, 1642— 18th CHARLES 1st. 231 To which intent and purpose this Grand Assembly having fully debated and maturely considered the rea- sons on both sides as well arguing for as against a company and looking back into the condition of the times under the company as also upon the present slate of the colony under his majesties government they find the late company in their government intolerable the present comparatively happy and that the old corpo- ration cannot with any possibility be again introduced without absolute ruin and dissolution to the colony for these reasons following, vizt. 1st. The intolerable calamity of the colony we find proved by many illegal proceedings and barbarous tor- ments inflicted upon divers of his majesties subjects in the time of the said companies government all which appear per depositions taken at a Grand Assembly an- no 1 632 and is known to divers now living in the colony. Also we find the whole trade of the colony to the general grievance and complaint of the inhabitants then and now appearing to us monopolized by the said company insomuch that upon the going home of any person for his country it was not free for him to carry with him the fruits of his labour for his own comfort and relief but was forced to bring it to the magazine of the company and there to exchange it for useless and unprofitable wares. 2dly. The present happiness is exemplified to us by the freedom of yearly assemblies warranted unto us by his majesties gracious instructions and the legal trial per juries in all criminal and civil causes where it shall be demanded. And above all by his majesties royal incouragement unto us upon all occasions to ad- dress ourselves unto him by our humble petitions which doth so much distinguish our happiness from that of the former times that private letters to friends were rarely admited passage. To the third for introducing the old corporation without ruin and dissolution to the colony at present as a thing not possible we conceive we have these just grounds. 1st. There can be no right or property introduced for them without proving the illegality of the King's proceeding so that all grants since upon such a foundaV 232 LAWS OF VIRGINIA, tion must of consequence be and tending to displea- sure, we the present planters enjoy our lands by imme- diate grant from his majesty if (as it is argued in their petition) the King had no power to grant oar profes- sions must give place to their claim which is one invin- cible argument (as we conceive) of tlv ruin and disso- lution to the colony at present; when ii their pretences take place we must be outed of all, And whereas it is alledged that the charter of orders from the Treasurer and Company anno 1618. gives us claim and right, to be members of the corporation quatenus planters we find the company by the -.aid charter wl ore members planters and adventurers are considered In themselves and distinguished in privileges from planters and ad- venturers not being members and we further find our- selves (being the King's grantees) in the said charter condemned, the clause plainly pronouncing in these words (we doordaine that all such persons as of their own voluntary will and authority shall remove into Vir- ginia without any grant from us in a great and general quarter court in writing under our seals shall be deem* cd, as they are, occupiers of our land that is to say of the common land of us the said Treasurer and Com- pany) much more such grantees as have their right from an errouious judgment as they pretend. 2dly. That if the Company be renewed by which means they as aforesaid have leave and the strength of their own charter of orders publicly in this colony o displantus the wiser world we hope will excuse us i{ we be wary to depart with what (next our lives) nearest concerns us (which are our estates being the livelihood of ourselves, wives and children) to the curtesy and will of such taskmasters from whom we have already experimented so much oppression. 3clly. We may not admit of so unnatural a distance as a company will interpose between his sacred ma- jesty and us his subjects from whose immediate pro- tection we have received so many royal favours and gracious blessings For by such admission 1st. We shall degenerate from the condition of our birth being naturalized under a monarchical govern- ment and not a popular and tumultuary government APRIL, 1642— 18th CHARLES 1st. 13$ depending upon greatest number of votes of persons of several humours and dispositions as this of a com- pany must be granted to be from whose general quar- ter courts all laws binding" the planters here did and would again issue. 2dly. We cannot without breach of natural duty and religion give up and resign the lands which we had granted and hold from the king upon certain annual rents (fitter as we humbly conceive if his majesty shall so please for a branch of his own royal stem then for a company) to the claim of a corporation ; for besides our births our possessions enjoin us as a fealty without a salvafide aliis domiuis. We conceive by admission to a company the free- dom of our trade (which is the blood and life of a com- monwealth) is impeached ; for they who with most se- cret reservation and most subtility argue for a company tho' they pretend to submit the government to the King- yet they reserve to the corporation propriety to the land and power of managing the trade, which word ma- naging in any sence taken we can no ways interpret, then a convertable to monopolizing; for whether in this sence that all the commodities raised in the colony shall be parted with, exchanged or vended at such rates and prises as they shall set down or such wares and mer- chandizes as they shall import or be disposed into their rnag; zinc or such bottoms as shall from time to time be licensed or ordered by them, or whether in this sence that the planters only such comodities and in such pro- portions as by advice and determination of their quar- ter courts shall be directed, still the terms and condi- tion of the planters are subjected to a monopoly that is to their sole guidance governing and managing with what reason we leave to the world to judge ; for tho 1 we submit in depth of judgment and understanding to such as shall sit at the helm there, yet it is very possi- ble and indeed most probable that at this distance wise men may mistake and there is more likelihood that such as are acquainted with the clime and the accidents thereof may upon better grounds prescribe our advan- tages both for quantity and quality of comodities which by the bounty of his majesty we now enjoy by out- Grand Assembly and in any other way will be destruc- tive unto us according to our possession. 2 F 234 LAWS OF VIRGINIA, Though we may admit the pretence that the govern- ment shall be made good to the King that is that the King shall nominate and appoint the Governor. First we find it directly (besides the scope of the part which insists upon the restoring of the company in all formal- ities next we take it at best but fur a falicie and trap not of capacity enough to catch men with eyes and fore- sight for upon a supposition that a governor shall be named and appointed by his majesty yet his dependance (so far forth as continuing or displacing) will by reason of their power and interest in great men there rest in them which necessarily brings with it conformity to their wills in whatsoever shall be commanded, which how pernicious it will be to the colony according to our as- sertion in this head we leave to the ablest judgments. We the Governor, Council and Burgesses of this present Grand Assembly having taken into serious con- sideration these and many other dangerous effects which must be eohcometant in and from a company or corporation have thought fit to declare and hereby do declare from ourselves and all the commonalty of this colony that it was never desired, sought after or en- deavoured to be sought for either directly or indirectly by the consent of any Grand Assembly or the common consent of the people. And we do hereby further de- clare and testifie to all the world that we will never ad- mit the restoring of the said company or any for or in their behalfs saving to ourselves herein a most faithful and loyal obedience to his sacred majesty our dread soverain, whose royal and gracious protection and al- lowance and maintenance of this our just declaration and protestation we doubt not according to his accus- tomed clemency and benignity to his subjects to find. And we do further enact and be it hereby enacted and manifested per authority aforesaid that what person or persons soever cither is or hereafter shall be any plan- ter or adventurer shall go about by any way or means either directly or indirectly to sue for advice, assist, abet countenance or contrive the reducing of this colo- ny to a company or corporation or to introduce a con- tract or monopoly upon our persons, lands or comodi- ties upon due proof or conviction of any of the premi- ses, (to wit) by going about by any way or means to sue for, advise, assist, abet, countenance or contrive the reducing of this colony to a company or corporati- APRIL, 1642— 18th CHARLES 1st. 135 on, or to introduce a contract or monopoly as afore- said, upon the due conviction as aforesaid shall he held and deemed an enemy to the colony and shall forfeit his or their whole estate or estates that shall he found within the limits of the colony the one half shall he and come to public uses the other moiety or half to the informer. This act to he in force and the penalty therein contained to extend to all the adventurers and planters now residing in the colony upon the publica- lion at James City and to all adventurers and plan- ters now in England or elsewhere out of the limits of the colony within five days after the arrival of this our said declaration, protestation and act within the kingdom of England, signed under our hands and sealed with our seal of the colony at James City the iirst day of April in the year of our Lord 1642 and in the eighteenth year of the reign of our soverain Lord Charles over England, &.c. The Governor, Council and Burgesses of this pre- sent Grand Assembly taking into serious consideration the many and weighty business begun in this present Grand Assembly and which yet do remain unfinished and to prevent all doubts whether the passing of the acts already agreed upon will not be a determination of this Assembly do hereby enact and by the authority of this present Grand Assembly be it enacted that not- withstanding the passing and enacting of divers acts already agreed upon this present Assembly shall lest be determined but that it be adjourned to the Thurs- day in Whitson week being the second day of June next coming at which time and day the whole body of this present Assembly consisting of the Governor, Council and Burgesses shall repair to James City then and there to determine and finish all such matters as shall be found necessary to be concluded and enacted whether in matters already begun or other business that shall then begin or be proposed that may redound to the glory of God, the honour of his majesty and the good of the Colony. William Berkeley. Fran. Wyat, Sam. Mathews, Cha. VVormely, Wm, Feirce, Geo: Menefy, Henry Brown, Thos. Pettus } Rich'd Bennet. Geo: Ludlowf ^36 LAWS OF VIRGINIA Rich'd Townshead John Weak- John Upton Edvv'd. Hill Obedience Robin? Thos. Harwood Ben: Harrison Nath. Gough Thos. Dewe Jos. Johnson John Hill Math. Chiles Ferd. Franklin Wm. Dacker Wrn. Butler, Thos. Fallowes Geo. Worleigh Geo. Hardy Fra. Fowler Thos. Bernard Edward Windham. GOD SAVE THE KING. 4 REMONSTRACE OF THE GKAND ASSEMBLY. WHEREAS the natural and most wished effects of Assembles may summarily be comprehended and the ordering and enacting of good and wholesome laws and ratifying and releiving of such disorders and grievances which are incident to all states and repub- lic in which considerations this Assembly may seem to have declined and swerved from those true intents of so happy constitutions if their endeavours and de- clarations be apprehended either by a bare view of the laws few in number and therefore not answering the expectation of a meeting exceeding customary limits of time in this place used or by comparing the pay- ments and levies now imposed much more free any in respect that in them the grievance of the inhabitants were principally stated, It is therefore thought fit by them to present and re- monstrate to the colony the weighty consequence and benefits redounding thereto by their late consultations. 1 st. The first is instanced by repealing the act of four pound per poll yearly to the Gov. which is a benefit APRIL, 1642 — 18th CHARLES 1st. 237 descendinguntousand our posterity which we acknow- ledge contributed to us by our present Gov. Next byabollishing condemnations and censures (pre- sidental from the time of the corporation) of the inha- bitants from colonies service wherein we may not like- wise silence the bounty of our present Governor in preferring the public freedom before his particular profit in which act also we may pronounce the inhabitants absolutely to have recorded the birthright of their mo- ther nation and the remains of the late companys op- pression to be quite extinguished. 3dly. The near approach which we have made to the laws and customs of England in proceedings of the court and trials of causes. 4thly. The rules and formes set down for deciding of differencies and debates concerning titles of land and otherwise. 5thly. The appropriating and accomodating of pa- rishes with metes and bounds that God Almighty may be the more duly served. 6thly. The treaties and overtures with the Gov. ol the province of Marilaud requiring much time for ma- turing and very successful in opening a trade in the Bay of Chessepiake. 7thly. The setling of peace with friendship with the Indians by mutual capitulation and articles agreed and concluded on in writing by many messages and inter- ruptions lengthened. 8thly. The Common grievances releived and remo- ved in asseasments proportioning in some measure pay- ments according to mens abilities and estates augment- ed unto the wealthier sort by the number of the milk kind and in that relief afforded to the poorer sort of the inhabitants which course through the strangness there- of could not but require much time of controverting and debating. 9thly. Lastly the gracious inclination of his majes- ty ever ready to our protection and now more particu- larly assured to us together with the concurrence of a 238 LAWS OF VIRGINIA, happy parliament in England were the greater motives to us to take the opportunity of establishing our liber- ties and privileges and setling our estates often hereto- fore assaulted and threatned and was lately invaded by the late corporation and of preventing the future de- signs of monopolizers contractors and preemptors ever hitherto incessant upon us not only bereaving us of all cheerfulness and alacrety but usurping the benefit and disposition of our labours and we apprehended no time could be mispent orlabour misplaced in gaining a firm peace to ourselves and posterity and a future imunity and ease from taxes and impositions which we expect to be the fruits of our endeavours and to which end we have thought it seasonable for us liberally and freely to open our purses not doubting but all well affected per- sons will with all zeal and good affection embrace the purchase and pray to Almighty God for the success. — Given at a Grand Assembly at James City the first of July 1642. WILLIAM BERKELEY. AT A Sf 0l #BA2f B ASSSBEBSUDB HOLDEN AT JaMES ClTTY THE SECOND DAY OF March, 1642-3. EPTheMS. [From a MS. received from Edmund Randolph, Esq. from which which was once the property of Sir John Randolph, gession'were " w ^° transmitted it to his son Peyton Randolph, Esq. printed, is now after whose death, it was purchased, with his library, in the library fry Thomas Jefferson, Esq. from whom it was bor- Washington. rowed by Edmund Randolph. Esq.'] PRESENT Sir William Berkeley, Knight Govern- or, &iC Richard Kemp, Esq. Capt. Sam. Mathewes, Capt.X'pofer VVonnley, )» Esq,uires. Capt. Hen. Browne, Mr. Rich. Bennett, J MARCH, 1642-3— 18th CHARLES 1st. 239 Capt. Thos. Pettus, Capt. Hum. Higginson, Capt. Wm Bernard, Mr. Geo. Ludlow, Capt. Rich. Townsend, 1 > E J SQUIRES. The names of the Burgesses for the severall planta- tions are as followeth : For Henrico county For Charles Citty county Capt. Mathew Gough, Mr. Arthur Bayly, Mr. Dan : Luellin. Mr. Walter Aston, M r. Tho.Stegg, Speaker, Mr. Walter Chiles. Capt. Robt. Hutchinson : Mr. Rowland Sadler, , Mr. Hen. Filmer, fr or James Citty county < ,„ T . r^, ,', i Capt. John r ludd, Mr. Stephen Webb, Mr. Wm. Davis. i Capt. Tho. Flint, Mr. Toby Smith. For Warwick River coun- ty For Elizabeth City coun- <, i\lr. John Branch, ty \ Mr. John Hoddin. For the Isle of Wight ( Mr. Anlh. Jones, county ( Mr. Rich. Death. f it m ff . ( Mr. John Carter, tor Vpper INorn. county { ,. ,, , ,, ~ ' rr J I Mr. Randall Crew. For Lower NorfT. county For York county For Northampton county ^ Mr. Cornelius Loyd, ^ Mr. Edward Windham, Mr. John Chew, Capt. John Chesman, Mr. Win. Tayler. { Mr. Phillip Tayler, | Mr.EduiondScarbrough. WHEREAS the many and sundry acts and laws Preamble at- at former Grand Assemblies established in severall K| R n1 "* rc ~*- books and volumes digested have been found very rcvisal. prejudicial! to the Collony by this Grand Assembly, for reduceing the same into a more exact method and 240 LAWS OF VIRGINIA, All former laws repealed. Church go- vernment. Churci) war- fiens. v estrji Visitation. Oath of church war- dens. What offences to ore»ent. Adultery, fornication, drunkenness. order, And for preventing all mistakes &i pretenses, which may arise from misinterpretation or ignorance of the law's in force. It is therefore thought Jitt, and accordingly enacted by the Governour, Council 8f Bur- gesses of this Grand Assembly and the authority acts and lawes of all former Assemblies be from repealed & made void. Such finely excep- ted, which are hereafter mentioned as followeth (vizt.) ACT. I. IN the first place Be it enacted for the advancement of God's glorie and the weale publique, that these or- ders & constitutions hereafter following concerninge the Church government be and remaine in full power, force & vertue. That there be a vestrie held in each parish, for the makeing of the leavies and assessments for such vses as are requisite &z. necessary for the repairing of the churches, he. and that there be yearly chosen two or more churchwardens in every parish. Itt: That the most sufficient and selected men be chosen and joyned to the minister and churchwardens to be of that Vestrie. Itt : That there be a yearly meeting of the ministers &£ churchwardens before the comander &i com'rs. o( every county court in nature of a visitation according to the orders cc constitutions of the church of England, which is there usually held every yeare after Christ- ma's. Jtt: That there be an oath administered to the churchwardens that they deliver in a true presentment in writingof such misdemeanors as to their knowledge have been confuted the year before, whilst they have been churchwardens, namely, swearing, prophauing God's name, and his holy Sabboths, abuseing his I10I3- word and commandments, contemning his holy sacra- ments or any thing belonging to his service or worship. Itt : If any person or persons of what degree or con- dition soever shall abuse themselves with the high & foule offences of adultery, vvhoredome or fornication or with the loathsome sinne of drunkennes iu the abuse of God's creatures, of those and every those to make a true presentment. MARCH 1642-3— 18th CHARLES 1st. 241 Itt: Tint the littargie of the church of England for Sacrament. the administration of the word & sacrament, he duely performed according to the booke of common prayer, allowed by his Ma'tie St confirmed by consent of par- liament. Itt: That the churchwardens shall likewise at that Levies, &c. time deliver upon their oaths a true account of all lea- ,0 , be ,e,urn * ,i . r c ,. , , , . . «fl l>y church vies, collections ec uisbursments as nave hem in their Wardens on time concerning church affairs whereby all things con- oatl, < cerning the same may be fairelv earned, And all col- lections so made to be paid b_\ the churchwardens, ac- cording to the order for the ministers duties, & brought to the place appointed by the churchwardens for the time being. Itt: That there be a true h perfect register kept in Regi-ter of a booke & yearly presented at the said visitation of all b^th^and weddings, christenings & burialls and that the clerkeof deaths. every parish shall present to the commander of every monethly court a list of all weddings, christenings &: burialls within their parish the present moneth. That there be no marriage solemnized vnless by a Marriages license vnder the siurnett from the Governour, or the not to be banes lawfully published in the parish or parishes where ^c""^/' both parties do inhabite. banns. Itt: That the said meeting or visitation be after the Visitation, coming in of the new churchwardens & going out of the wnen t0 be - old, And that the old churchwardens be not discharged until they have given vpp their presentment as afore- said. Itt. That there be a place sett out and allotted for the Burying buriall of the dead in evrie plantation according to the grounds, appointment of the commander h minister of the place. Itt. That every minister have his dark and also sex- clerks and ton, for the keeping cleane of the churches, &i other sextons to be services in the absence of the ministers according to a PP 0,nted - the cannons of the church of England, & his or their meanes to be allowed by the parishoners. That all freemen that are hired servants shall pay Who to pay their own tithes and duties are to be collected per pol nines, for the country service. It is also enacted fy confirmed, by the authority a- Ministers, foresaid that the vestrie of evrie parish with the allow- how appoint* 2 G 242 LAWS OF VIRGINIA, cd ; and pu- nished for neglect, he. May be sus- pended by the governor and council, but removed only by the general as- sembly. ante of the commander h com'rs. of the county living & resideing within the said parish, or the vestrie alone in case of their non residence shall from henceforward have power, to elect and make choyce of their ministers, And he or they so elected by the commander and comr's. or by the vestrie in case of non residence as aforesaid to be recommended and presented to the said coman- der and com'rs. or vestrie alone, to the Governour &,so by him admitted, Provided that it shall be lawfull for the Gov'r. for the lime being to elect and admit such a minister as he shall allow of in James-Citty parish. And in any parish where the Governour & his succes- sors shall have a plantation provided he or they enjoy not that priviledge but in one parish where he or they have such a plantation, And vpon the neglect or mis- becomeing behaviour of the ministers or any of them, compl't. thereof being made by the vestrie, The Go- vernour &, Council are requested so to proceed against such minister or ministers by suspension or other pu- nishment as they shall think fitt & the offence require. Removeall of such ministers to be left to the Grand Assembly. Poor to be exempted from public charge? Ministers' ulloivance. How collect- ed. Be it further enacted and confirmed for the releife of diverse poore people that have been of very long con- tinuance in the country, and are disabled to labor by rea- son of sicknes, lamenes or age, The vestrie of everie parish are hereby enjoy ned vpon the complaint of such poore S&vuabie persons to give them a certificate to the com'rs. of the county where such poore shall reside to testifie their poverty which shall free them from all pub- lique charges except the ministers' &i parish duties. Be it also enacted and confirmed That there be teuu pounds of tob'o. per poll ct a bushell of corne per poll paid to the ministers within tine severall parishes of the collonv for all tithable persons, that is to say, as well for all youths of sixteen years of age as vpwards, as also for all negro women at the age of sixteen years, And it is also further ordered for the better conveniencie & ease of the ministers that vpon the twentieth of No- vember if it be not Sunday, & then vpon the day fol- lowing (notice being first given by the churchwardens a week before,) That the parishoners shall bring in the duties of tenn pounds of tob'o. for the ministers vn- .MARCH, 1642-3— 18th CHARLES 1st. 243 to a place appointed by the churchwardens in that plan- tation, And that the ministers be warned to be there, or appoint some others to receive the same, The said churchwardens to give the aforesaid warneing, And it is likewise ordered that the duties of a bushel of come to be brought in vpon the 19th of December to a place appinted by the churchwardens in that plantation by the minister (notice being- given as aforesaid,) The pay- ^i"", 1 / °' ment to be made by two bushells of ears for one bush- ell of shelled come, &. so rateably, And it is further or- dered that if any planter or parishoner do neglect the bringing of the corn or tob'o. as aforesaid, he or they for such default shall forfeit double the quantity of to- b'o. or corneto be leavied by distresse by the authority of the commander, And it is further established that the ministers petty duties shall be as followeth. lb. tob. For solemnization of matrimony without a lycense 40 Fees to mi If with a license - - - 100 nistcis For burial Is - 10 For churching - 10 tfbr breaking ground in the church the pay is left to the churchwardens & vestrie ffor breaking ground in the chancell att the discretion of the ministers. ACT IL BE it also enacted $• confirmed, that noe master or No person to commander of any vessel, boat, barke, or shipp, shall be transport- . /• .1 I. ed out of the transport any person or persons out of the collony ex- co | on y with- cept the said person or persons do produce a pass vn- out a pass der the hand of the governour & attested by the se- ,rom ,iie S°" 1 1 u 1 1 1 veinor, nor cretary, vpon the penalty to pay all such debts as any before he has such person shall stand indebted to ally person within advertised the collony, at his or their departure, And it is further his 1,,,ent,on ■j * v ' or given se- ordered that before any passe shall be signed to any curity for all person, he or they shall bring certificate to the secreta- bis debts, ries office from thecommander or monethly court where he or they reside that he hath sett vp his name tenn daies at the place of meeting of the county court or otherwise shall putt in sullicient security for the pay- ment of all debts that are due' or oweing from theru to any person within the collony, 244 LAWS OF VIRGINIA, Restrictions on the go- vernor, &.C. as to taxes. ACT III. IT is further enacted ry- confirmed, that the Gover- nor &; Council shall Dot lay any taxes or impositions vpon this collonie their lands or come di ties otherwise then by the authority of the Grand Assembly to be lea- vied &i imployed as by the Assembly shall be appointed. Punishment for felonious- ly killing a tame hog. For killing a wild hog-, without li- cense from the governor. ACT IV. BE it also enacted fy confirmed, that what person or persons soever within the collony shall feloniously kill a tame hogg being none of his owne h being thereof lawfully convicted shall suffer as a felon, And whoso- ever shall kill any wild hoggs without lycense from the Governor, unles it be within the bounds of his own land shall for his offence be censured by the Governor &£ Council, or in case it be within the bounds of his own land such person killing any wild hoggs shall call two of his neighbors being housh driers who may wittnes that the hogg was vn marked, And before such view of neighbors what persons soever shall kill a wild vnmark- ed hogo;, and cutt off his ears, shall be censured as aforesaid (as in case of a transgressor for killing of wild hoggs without the bounds of his own lands,) The ears to be brought in to the next commissioner as for- merly. It is likewise thought fitt to be explained that this clause of veiwing the ears shall extend to such as shall have license from the Goverrfor for killing of wild hoggs, Provided that this clause of killing of wild hoggs nor the penalty thereof shall not extend to Smith's Hand. ACT V. BE it also enacted fy confirmed, That ev'rie plant- er shall make a sufficient fence about his cleared ground, And if he be deficient therein what trespass or damage he shall susteyne by hoggs, goats or cattle whatsoever shall be to his own losse and detriment, And also if it happen that any person shall hunt any of the said hoggs, goats or cattle as aforesaid that shall so offend thein &i do them harm he shall make satisfac- tion for any of them that shall be so hurt, to the own- "p 01 suffic,en,1 y ers of the said hoggs, goats or cattle, to be recovered Sufficient fences to be made. Penalty for hunting or killing hogs, &.c. breaking into grounds MARCH, 1642-3— 18th CHARLES 1st. 245 within any court of justice within the collony. And it is thought fitt & so ordered that where any hoggs, £joats or cattle, shall endamage any planter for want of such ffence as aforesaid and the party danTi^ified do wilfully kill or otherwise hurt so as the said hoggs or cattle do die of such hurt, whether by doggs sett vpon them or otherwise, in such case the owner of the ground shall not onely be liable to satisfie the full value of such hong, c:«)it or cattle, But by vertue of this act shall be adjudged to satisfie double the value of such hoggs, goats, or caitle so killed to the owners of them. ACT VI. BE it also enacted and confirmed far preventing and Fnerossim* k redressing the great abuses by the excessive and exor- *, or fi e ~ t ^" mfi ' bitaut ingrossing of comodities brought into the col- lony and forestallers of the market, (as hereafter is expressed, vizt.) what person or persons soever shall buy any shooes, Irish stockins, course woollen or lin- nen stockins, servants shirts, or any linnen whatsoever, servants woollen clothes, or any woollen cloth whatso- ever strong liquors, soape, candle, sugar, fruite, spices, nailes, or any manner of ironware, armes, amunition, or any necessarie comoditie whatsoever and do sell the same at a dearer rate then they were bought by them, such person shall to all intents and purposes be coun- ted an ingrosser and foreteller, and such person or p un i S hment persons so offending against the premises, shall for of. every such sale of the aforesaid goods forfeit double the valew of what the goods were sold by him or them, halfe of which forfeiture shall be and come to the King's ma- jestie, the other halfe to the informer : Nevertheless it shall be lawfull any thing in this act to the contrary Exception notwithstanding, for any person haveing bought a servant and undergone the charge and hazard of sea- soning of any such servant, to make his best advan- tage by putting off or bartering such servant to any other inhabitant within the collony. ACT VII. BE it also enacted and confirmed that according to Vessels re his majesties instructions no master of any shipp or ves- s, " c(t ' d *p sel arriving to the collony shall breake bulke or make dmcs ' y ' 246 LAWS OF VIRGINIA, sale of any goods or servants, nor any merchant or other person whatsoever arriving in such shipp or vessel be- fore such shipp or vessell shall arrive at the porte of James Citty, (afcwhich port they shall ride at anchor four and twenty hours at least.) And it is further or- Penaity for dered, that if any master, merchant or any other per- failure. son whatsoever shall offend against the premises, such master shall forfeit for such offence of breaking bulk two pounds of powder for each lunn of burden, one moyity whereof shall be and come to the publique stock and the other moyity to the informer, And such mas- ter, merchant or any other person whatsoever for such offence of sale of goods or servants before arrival to the aforesaid port, shall forfeit the full valew of the goods and servants so sould, the one halfe whereof shall be and cometo the Kinir 1 s ma'tie and the other halfto the informer, And for removing and takeing away of all pretense of ignorance to this said act by any master, Copy of this merchant or any other person whatsoever, It is further act t<» be fix- orc jered that the cant, leu'tt. or other officer of the ffort e.l to the r ,'■ . . mainmast. snail amx a coppy or this act to the mainmast ot any shipp or vessell that shall arrive within James River, Exception. Provided that this act nor the penalty thereof shall not extend to any shipp or vessell that shall be consigned to Charles River or Northampton county. ACT VIII. Two acres of BE it also enacted and confirmed that there be two lalt' Vr acres of corne planted for every worker in the ground, each worker. And for the better execution of this said act, it is fur- ther ordered that all constables within their severall lyrnitts and precincts shall take a veiw of every man's corne vpon the ground, and where the proportion of „ A .. two acres is wanting;, the constables of the said lyrnitts Constables to . ,, i • r V i i • • *• i present for shall present their delaults to the comissioners of the failure. monethiy courts which by vertue of this act are re- quired to make inquiry thereof, and are further autho- P h- rized to impose a fine of five hundred pounds of to- bacco per acre defective vpon such person or persons whom they find delinquent in the premises one halfe whereof shall be and come to the constable or any other informer and the other halfe to publique vses for the good of the county where the offence is committed. MARCH, 1642-3— 18th CHARLES 1st. 24^ ACT IX. BE it also enacted and confirmed, that all comand- Fort duties ers or masters of shipps comeing out of the ocean into payable at the harbor of Poynt Comfort or elcewhere within the ^ oinl Com ' lymitts of the collonie shall pay vnto the capt. of the ,£', , siid't? &*< ffort, his deputy or deputyes or such whom the gover- nor shall appoint a quarter of a pound of powder and shott proportionable for e\ery tunrj of burden that the shipp, shall be of, as also match and paper royal accord- ing to their burden or tunns, The burden to be account- ed as they are entered at the custome house or as the} doe pay to the lights or other duties in the kingdom of England, And it is further enacted that all command- ers and masters of shipps shall at their arrival! give in a true list vpon oath to the capt. of the ffort or his de- puty of the number of the passengers. ACT X. BE it also enacted and confirmed, for a finall deter- Boundaries mination of the Isle of Weight county, Vpper and of Isle of Lower Norff : countyes that the Isle of Weight county Wl "! ,, ' r Up ' ,,,.. , J , , ,» ,° J per & Lower shall beginn at Lawne s creek and from thence to ex- isotioik tend downe along the maine river vnto the plantation counties, of Rich : Hayes formerly belonging vnto John How- ard including the said plantation and family from thence to extend from the main river into the woods souther- ly vnto the plantation of William Nowell and Mr. Ro- bert Pitt including likewise the said plantation and la- milys and from thence southerly as aforesaid. And the vpper county of New Norff: to begin at the aforesaid plantation of Rich : Hayes and from thence into the woods southerly as aforesaid, and by the mayue river, from thence to extend downe by the mayne river into the creeke near vnto the plantation of ffrancis Bul- lock being the first creeke to the westward of Cray ne Poynt, including the plantation of the said fiVancis Bul- lock, and no waies tit nching vpon the western branch of Elizabeth River, nor the creeks thereof which do belong to the county of the Lower Norfi': These bounds being sett and lymilted by the consent and agreement of the burgesses for the said countyes. ■Mb LAWS OF VIRGINIA, Penalty for hunting or shooting upon another man's land. Proviso. Further pro- viso. ACT XI. WHEREAS the rights and interests of the inha- bitants are very much infringed by hunting and shoot- ing of divers men vpon their neighbours lands and dividents contrary to the priviledges granted to them by their patents, whereby many injuries do dayly happen to the great damage of the owners of the land whereon such hunting or shooting is vsed, It is therefore enact- ed and confirmed that if any planter or person shall hunt or shoot vpon or within the precincts or lymitts of his neighbour or other divident without leave first obtained for his soe doing, and having been warned by the owner of the land to forbear hunting and shooting as aforesaid, he or they soe offending shall forfeit for everie such offence foure hundred pounds of tobacco, the one halfe to the owner of the land, the other halfe to publick vses — Notwithstanding it shall and may be lawfull for any person or planter to hunt and shoot up- on any divident of land not being planted or seated without any restraint or penalty, Provided that the ly- mitts of everie divident be bounded with certain and noted marks. Provided also that it shall be lawfull for any person having shott a deare or other game with- out the lymitts of any man's land to pursue the said deare or game into the divident of another man, and freely to carry away the same without any trespass against the owner or proprietor of the said land and without incurring the penalty of this said act. Mort gages to he regis- tered in quarter or monthly coui ts ; or deemed frau- dulent as to creditors. ACT XII. WHEREAS divers persons as dayly experience in- formeth doe closely and privately convey over their es- tates by way of mortgage not delivering possession whereby the creditors are defrauded and defeated of their just debts not having knowledge of the same, Bt it there- fore enacted and confirmed, for redresse of the like in- conveniencies hereafier that what person or persons so- ever either have since January 1639 or hereafter shall make or pass ovj ameso f Chescake be called Hampton Parish. certain pa- rishes chan- ge it also enacted and confirmed for the convenien- ^ ( es a fo rn ?ed* ey of the inhabitants on both sides of Appomattock River being farr remote from the parish church of the said plantation vpon Appomattock be bounded into a parish by themselves as followeth, to beginn at Cau- son's ffeild within the mouth of Appomattock River on the eastward side, and at Powell's Creek on the west- ward side of the river, and so to extend vp the river to the falls on both sides and the said parish to be call- Bristol parish ed by the name of Bristoll. Be it also enacted and confirmed that the bounds of Weyanaakr the parish of Weynoak be as followeth, beginning at P ansh - the creek called David Jone's creek, and so vpwards along the mayne river vnto the Oldrnan's Creek, and over the river to iilowerday Hundred and so downe the river on that side the water vntoChippoak's Creek where Charles Citty county endeth. 252 LAWS OF VIRGINIA. ACT XVIII. Confirmation Be it also enacted and confirmed vpon consideration of the will of bad of the godly disposition and pood intent of Ben- jamin Symms, dec. in founding by his hist will and testament a freeschool in Elizabeth, county, for the in- couragement of all others in the like pious perform- ances, that the said will and testament with all donati- ons therein contained concerning the ffreeschool and the scituation thereof in the said county and the land appurtcining to the same, shall be confirmed according to the true meaning and godiy intent of the said testa- tor without any alienation or conversion thereof to any place or county. Benjamin Sj ;n!!is, giv ing lands in Elizabeth City lor a free school. Vacant lots in James City to he built upon by niters. ACT XIX. WHEREAS much ground intended for James Cit- ty hath layen long deserted by the antient proprietors who neither build themselves nor -suffer others, This present Grand Assembly doth hereby enact and conjirme that all such that have built decent houses vpon ground so deserted towards the making of a Towne since Ja- nuary 1G40 or shall add more to them after publica- tion of these acts shall hold them without interruption of the said proprietors or any of them, according to the custome and his majesties and their lordships in- structions concerning land, Provided allwaies that the said antient owner shall have allotted him as much ground in stead thereof as near the towne as conveni- ently may be, Provided allways in such ground so de- serted such as shall build vpon it and take it vpp for themselves shall pay to his majestie all such and the like rent or rents as are reserved vpon the grant to the first proprietor as in the case of other land deserted. Punishment on servants marrying without leave ot their owner-a ACT XX. WHEREAS many great abuses h much detriment have been found to arise both against the law of God and likewise to the service of manye masters of fami- lies in thecollony occasioned through secret marriages of servants, their masters and mistresses being not any ways made privy thereto, as also by committing MARCH, 1642-3— 18th CHARLES 1st. 253 of fornication, for preventing the like abuses hereafter, Be it enacted and confirmed by this Grand Assembly that what man servant soever hath since January 1640 or hereafter shall secretly marry with any mayd or wo- man servant without the consent of her master or mis- tres if she be a widow, he or they so offending shall in the first place serve out his or their tyme or tymes with !n's or their masters or mistresses, and after shall serve his or their master or mistress one compleat year more for such offence committed, And the mayd or woman servant so marrying without consent as afore- said shall for such her offence double the tyme of ser- vice with her master and mistress, And a ffreeman so offending shall give satisfaction to the master or mis- tress by doubling the value of the service and payaffine of five hundred pounds of tobacco to the parish where such offence shall be comitted, And it is also further Also for com- enacted and confirmed by the authority of this Grand "V ,t,n e for ' v\ rent ! 11 Assembly that if any man servant shall comit the act of fornication with any mayd or woman servant, he shall for his offence, besides the punishment by the law ap- pointed in like cases, give satisfaction for the losse of her service, by one whole year's service, when he shall be free from his master according to his indentures, \nd if it so fall out that a freeman offend, as formerty he shall be compelled to make satisfaction to the mas- ter or mistris of the said woman servant by his service for one complrat year, or otherwise give forthwith such valuable consideration as the comissioners in their discretion shall think fitt . ACT XXI. WHEREAS complaints are at every quarter court Penalty for exhibited against divers persons who entertain and harbouring enter into covenants with runaway servants and free- "Ji,,, 6 * 1 "! ii'iii I Willi 3 rllil" men who have formerly hired themselves to others to away servant the great prejudice if not the vtter vndoeing of divers or hireling poor men, thereby also encourageing servants to runn from their masters and obscure themselves in some re- mote plantations, Vpon consideration had for the fu- ture preventing of the like injurious and vnjust deal- ings, Be it enacted and confirmed that what person or persons soever shall entertain any person as hireling, or sharer or vpon any other conditions for one whek ♦254 LAWS OF VIRGINIA, yeare without certificate from the commander or any- one commissioner of the place, that he or she is free from any ingagement of service, The person so hireing without such certificate as aforesaid, shall for every night that he or she entertaineth any servant either as hireling or otherwise, fforfeit to the master or mistris of the said servant twenty pounds of tobacco, And for evrie freeman which he or she entertaineth (formerly hired by another) for a year as aforesaid, he or she shall forfeit to the party wht had first hired him twenty pounds of tobacco for every night deteyned. And for everie freeman which he or she entertaineth (though he hath not formerly hired himselfe to another) with- out certificate as aforesaid, And in all these cases the party hired shall receive such censure and punishment as shall be thought fitt by the Governor and Counsell: All ways provided that if any such runnaway. servants or hir^d freemen shall produce a certificate, wherein it appears that they are freed from their former masters service or from any such ingagement respectively, if afterwards it shall be proved that the said certificates are counterfeit then the retayner not to suffer according to the penalty of this act, But such punishment shall be inflicted vpon the forger and procurer thereof as the Governor and Council shall ihink fitt. Runaway servants, how punish- ed. For a second offence to he branded on ACT XXII. WHEREAS there are divers loytering runaways in the collony who very often absent themselves from their masters service, And sometimes in two or three monthes cannot be found, whereby their said masters are at great charge in finding them, And many times even to the losse of their year's labour before they be had, Be it therefore enacted and confirmed that all run- naways that shall absent themselves from their said masters service shall be lyable to make satisfaction by service at the end of their tymes by indenture (vizt.) double the tynie of service soe neglected, And in some cases more if the comissioners for the place appointed shall find it requisite and convenient. And if such runnaways shall be found to transgresse the second time or oftener (if it shall be duely proved against them) that then they shall be branded in the cheek with the MARCH, 1642-3— ISth CHARLES 1st. 255 letter R. and passe vnder the statute of incorrigible the cheek Willi r terR. rogues. Provided notwithstanding that where any ser- ' IOV1SO 111 vants shall have just cause of complaint against their masters or mistrises by harsh or vnchristianlike vsage p or otherways for want of diet, or convenient necessa- case of ill ryes that then it shall be lavvfull for any such servant usage of mas- or servants to rep aire to the next comissioner to make his or their complaint, And if the said commissioner shall find by good and sufficient pioofes, that the said servant's cause of complaint is just, The^aidcomission- er is hereby required to give order for the warning of any such master or mistris before the comissioners in their seuerall county courts, where the matter in differ- ence shall be decided as they in their discretions shall think fitt, And that care be had that no such servant or servants be misvsed by their masters or mistrises, where they shall find the cause of complaint to be just. Be it further also enacted that if any servant running Felony to away as aforesaid shall carrie either peice, powder and jei'&c"^ shott, And leave either all or any of them with the In- the Indians dians, And being thereof lawfully convicted shall suffer death as in case of ffelony. ACT XXIII. • BE it also enacted and confirmed, that what person Penalty fei or persons soever shall sell or barter with any In- selling arms dian or Indians for peece, powder and shott and being [1!"™" thereof law fully convicted, shall forfeit his whole estate, Indians, or the one halfe to the informer the other halfe to the vse dealing wiih of the county where such ffact shall be committed, And if any person shall barter or trade with the Indians for any other comodities such person shall suffer imprison- ment at the discretion of the Governour and Counsel!, And whereas it is informed that divers persons do en- tertaine Indians to kill deare or other game, And do furnish the said Indians with peeces, powder and shott, by which great abuse, not onely the Indians (to the great iudangering of the collony) are instructed in the vse of ovr arms, But have opportunity given them to store themselves as well with arms as powder and shott, Be it therefore enacted, That what person or peisons soever within the collony, shall lend any Indian either peece, powder and shott, It shall be lawful! for any person meeting with any such lndiau so furnished, to 256 LAWS OF VIRGINIA, take away either peece, powder or shott, so as such per- son taking away eilher peece, powder or shott do carric the same to the comander of the county, and acquaint hirn therewith, which said comander is hereby autho- rized to give possession to the informer either of the peece, powder or shott so brought before him, And the said commander is further required, to make a strict inquiry and examination to find out such person that did lend or give such peece, powder or shott to the In- dians, And in case the said commander or other com- manders in examination shall find any person by just proofe delinquent in the premises, he or they are to bind over the said party to answer the same, before the Governor aud Counsell the ensuing quarter court, And in such case the party delinquent for his just offence shall forfeit two thousand pounds of tobacco, the one halfe whereof shall be and come to the King's majes- ty, tlie other halfe to the informer, And it is further enacted that such delinquent for his second offence shall forfeit his whole estate, one halfe to the King the other halfe to the informer. And this act to be of force after publication hereof in each county. ACT XXIV. Process THE Governor and Counsell with the Burgesse6 of ofs^'i'tei* 1 -" the Grand Assembly haveinge taken into serious con- rived from sideration the estate of the colloiiy and finding that England many people have (through their inffacrements in Ener- nsnended. 1 n r i a. • ' «* , a i a u-.i land) forsaken their native countrey and repaired hither with resolution to abide here, hopeing in time to gain some competency of subsistance by their labors, Yet neverth'les their creditors hearing of their aboad here in the collony, have prosecuted them with their actions to the ruine of the said debtors, And having duely weighed the causes aud reasons induceing such debt- ors to leave their countrey and friends, And if such suits and pleas be thus early admitted before the coun- trey shall come to better maturity, It might hazard the deserting of a great part of the country, Therefore that the generall good be preferred before the particular ends of any person, The Governor, Counsell and Bur- gesses do hereby enact and confirm, that all process & suits of thi« nature be suspended vntil his majestic shall MARCH, 1642-3— 18th CHARLES 1st. 357 »ignifie his royal pleasure herein* Provided that if it Proviso shall appear to the Governor and counsell that the debts soe impleaded have relation to the collonv either for adventure of any good&of for the accomodation of any planter in or for his return into the collony, Then it shall and may be lawfull for any creditor vpon just proofe of his debt to have such releif rs in justice shall be found due. Any thing in this act to the contrary not- withstanding - . ACT XXV. BE it also enacted and confirmed that the order of Order of court made the 8th of October 1030 for the grant of court oi 1630 land to the Vndertakers th it seated the first and second S'JSJS.jT year vpon Chescak? and Yorke be hereby ratified and seders con- confirmed vnto the said vndertakers according to the fl,med - f-rue intent of the said order. serve. ACT XXVI. WHEREAS divers controversies have risen be- Servants tween masters and servants being brought into the col- brought in lony without indentures or covenants to testifie their jgnlu"^ agreements whereby both masters and servants have howioiigto been often prejudiced, Be it therefore enacted and confirmed for prevention of future controversies of the like nature, that such servants as shall be imported haveing no in lentures or covenants either men or wo- men if they be above twenty year old to serve fowre year, if they shall be above twelve and vnder twenty to serve five years, And if under twelve to serve seaven vears. ACT XXVII. BE it further enacted and confirmed by the author i- No blank ty aforesaid that no blank warrant shall be made or JJJJJ'S*, executed by any clerke or sheriffe within the collo- wnt lo be dr- ny, And also that no writ or process be directed to rectedto more than one sheriffe (vnles against felons runnaway ™ n e ' ^"J; 2 I 258 LAWS OF VIRGINIA, Proviso. servants or for other criminal causes,) And for such as shall be found delinquent to he censured by the Gov- ernor and Counsell. ACT XXVIII. Encourage- ment to Dun h mer- chants. lJuiies how secured. Be it also enacled by this Grand Assembly that H shall he free and lawful! for any merchant, factors or others of the Dutch nation to import wares and mer- chandizes and to trade or traffique for the commodity's of the collony in any shipp or shipps of their owne or belonging to the Netherlands, And whereas it is pre- tended by a petition exhibitted to this Assembly from Dutch merchants that the nation is much discouraged from adventuring hither by reason of the strict course which is taken here, to exact bonds with security for the payment of his majesties custome at the port of London, (which security they being strangers is very difficult for them to find or procure,) Be it therefore enacted and established hy this Grand Assembly and the authority of the same that what Dutch merchant shall adventure goods and merchandise into this collo- ny and shall bring in with them good and sufficient let- ters of creditt directed to the Governor from some merchant or merchants inhabiting within theCitty of London of knowne repute and ability to this effect, that the said merchant from such letters shall come will satifietohis rnajest's collectors or customers such dues and demands ;>s >hall 1)e (bund due to be paid by them, and is or shall be thought fitt to required from mer- chants of that nation tradeiug in that commodity within the kingdom of England or at the port of London, that then it shall be free and lawful I for such Dutch merchant to exporte his tobacco out of the collony with- out entring into any bond or obligation for defraying any custodies or without any stopp or hinderance, then that he be compelled to charge bills of exchange to sa- tisfy according to the tenor and effect of the letter of creditt. And it is further lii<>v"<'*' want of his or their boat, boats or canoos. Creditors su- ing their debtors who have tender- ed satisfac- tion, to pay •~osts ACT XLIV. WHEREAS divers suits have been causelessly com menced when satisfaction hath been preferred, Yef creditors for sundry and sinister malicious ends have sued their debtors to the further charging of poor men and troubling of the government, Be it therefore enact- ed and confirmed that all pits, shall demand satisfac- tion for what the claim as due vnto them from the partie they sue, and make sufficient and legal proofes of such demands at the tyme when they shall sue. to the intent that if such satisfaction hath been prefered as the court shall approve, then the charges by such pits, who have vnnecessarily troubled their debtors. No act ot court or pro- clamation to contravene an act of as- sembly. ACT XLV. IT is enacted and confirmed that no act of court op proclamation do hereafter enjoyne any obedience con- trary to an act of Assembly vnless in manner of seat- ing of new plantations, Provided that no refractory person do refuse obedience and conformilie to an act of Assembly vnder any pretence whatsoever vntil the reversal of the same by the following Assembly. Sheriff of each county 'okeep pri- ACT XLVf. BE it enacted and confirmed by the auihoritie ajorc- said that the sheriffs of the several! counties re- MARCH, 1642-3— 18th CHARLES 1st. 265 spectively shall delaine and keep all sueh prisoners as sonars for tr*> shall from time to tyme happen to be within the said S"f, he several! counties as thereto have their try all before the quarter court Governor and Counsel! att Ja : Cittv vntill the first day <»« *». City. of the said court which siiall be appointed for their tryal!, And that then the said sheriffs or their deputies are to deliver the said prisoners into the custody of the sheriff of James Citty, And be it further enacted and confirmed that the comissioners of the severall coun- tyes doe take care that sufficient prisons be built for „|j[j*tobe the vse of the severall countyes respectively. bm.t. Be it further enacted and confirmed by the authoritie Counties not a foresaid that if any person shall happen to escape providing lro.u the hands or custody of any shernfis ot any seve- gons riabl ^ rail countyes respectively for want of a sufficient pri- for escapes, son in each county. All such sheriffs shall find his re- medie against th.' severall couutyes which shall be de- linquent in the building of prisons, And it is also en- Cl . iminal acted and confirmed that the said sheriffs shall bring in charges to be account att every Grand Assembly of such charges rendered to and disbursments as are occasioned in their severall [J® assem " countyes, by keeping his ma'ts. prisons and the said disbursments to be satisfied out the publique charge. ACT XLVII. Be it further enacted and confirmed by the authoritie Secretary's of this present Grand Assembly that the Secretarye his fees - ffees shall be as followeth (vizt.) Imp's, for a pattent - - 50 ffor a commission of administration 50 ffor a ffreedom - - 50 fl'or a probat - - 50 ffor a commission to trade - 50 fior a pass - - 30 ffor a common warrant - 15 ffor a copie order - - 15 ffor execution 30 ffor recording per sheet 06 And it is further enacted and confirmed by the au- thoritie aforesaid that it shall belawfull for Mr. Secre- tary or any for him to demand and take twelve pence for everie ion re pounds of tobacco of such as are wil- 2 K m LAWS OF VIRGINIA, ling to satisfie fees in money, Provided that no inha- bitant may have cause to complain of the stay of his buisness for want of money. Secretary's Be it further enacted and confirmed by the authori- clprkofquar- (i e aforesaid that the flees hereafter mentioned shall be fee& OUr *' " S belonging to the Secretary's clerke of the quarter court, as followeth, for the entry of everie appearance two pound of tobacco to be paid by the deft, for thecoppie of everie petition, answer and reply, or any other writ- ing that shall pass under the hand of either pit. or deft, before the flileing in the oflice, which shall be after judgment past in court (vizt.) six pounds of tobacco for every such petition, answer, reply or other writing as aforesaid, And the several! sherrifl's are hereby en- joyned to collect the fees of the Secretary and the Clerke of the Counsel!, witli power to distrain in case of refusal or deniall to make payment together with the general! leavies. Be it further enacted and confirmed by the authori- se aforesaid, That the flees of the clerke of the seve- rail county courts be as followeth (vizt.) Clerks ot county courcs, their fees. Sheriffs, 'heir fees. flor a warrant ftbr a copy of an order flor an execution for certificate ftbr a deposition lb. Tobacco, 8 8 12 8 8 Be it further enacted and confirmed by the authori- tie of this Grand Assembly that the sheriffs' fees shall be as followeth : flor an arrest flor bond takeing Warning to court Going into prison Whipping Pillory Serving a subp'a. lb. Tobacco. 10 10 4 10 20 20 10 flor serving an execution vnder 1001b. tob. 10 Jf above one hundred to five hundred 20 If above five hundred to one thousand 40 MARCH, 1642-3— 18th CHARLES 1st. 26"? If vnto two thousand 60 If above two thousand then 10 lb. vpon every thousand - 00 fFor impannelling a jury for everie cause 12 ffor attachm't : half as much as for execution and accordingly. Be it further enacted and confirmed by the authoritie Burgesses of this present Grand Assembly that the inhabitants of wages to be the several counties and precincts shall be assessed in co ^ n ti^™ ' the defraying of the Burgesses charges expended in their imployment to be levied by the sheriff of each county respectively, And vpon refusal I in case of non- payment to make seizure by vertue of this authoritie, T| . Allways provided that the Burgesses produce their counts to be charge to the countie courts, who are hereby required produced to to rayse proportionably vpon the estates of tithable courts'* '' persons, And be it further enacted and confirmed that if any assembly be sumoned and disolved before the Proviso ffirst of March the charge of the Burgesses to be levied nlu ' r *' an as - . s p tn u 1 v is that present yeare, Provided, that if it happen in or af- summoned ter March to be satisfied the following yeare, And it is anddissoiv- further enacted and confirmed by the authoritie afore- said, that if any Burgesses shall employ their owne servants in their publique service as by attendance vp- Burgesses to on any Burgesses, The inhabitants of the several! pre- be aHowi-d . .• i it i r j for their ser cincts respectively are to allow worke lor so many days vailts as they are soe employed. A€T XLVIH. WHEREAS at an Assembly in June 1642 the or- Donation oi chard with two houses belonging to the collony were «n orchard fc presented to the Governour Sr. William Berkly as a {CXiS' free and voluntary gift in consideration of many wor- i ey confirm- thy favours manifested towards the collony, Be it there- ed fore enacted and confirmed by the authoritie of this Grand Assembly that the said orchard and houses [a] be confirmed to the said Sr. William Berkley, Gover- nour and to his heires for ever. ACT XLIX. WHEREAS it was appointed oy uu act of As- Money debt* =embly January 1641, that noe debts made within not pleadable ' [a] " MowW in MS 268 laws of Virginia, or recover* ; 1 1 j I < » except contracted for horses, mares ami sheep. the collony for money shall he pleadable and recovera- ble in any courts within the same, The Governour, Counsell and Burgesses of this present Grand Assem- bly do hereby confirm the said act, Provided that ac- cording to an act of Assembly in June 1G40, for the en- couragement of those that arc owners of horses, mares, and sheepe, that all money debts whatsoever made for any horses, mares, or sheepe shall be pleadable and re- coverable in any courts within the collony any thing in the former ait made in January 1641 or their said acts to the contrary notwithstanding. Barrels lo sealed VG Contents. ACT L. be WHEREAS at an Assembly in January 1641, It was enacted that the com'rs. of everie monethly court respectively should sealeall barrells brought vnto them, when they were therevnto required with this mark VG: which barrells are to containe live bushells of Winches- ter measure that is to say fourty gallons and all barrells so sealed to be allowed of and none other- alter the -ffeastofSt. John Baptist, next after the publication Penalty. hereof, vuder the penaltie of a forfeiture of fourty pounds of tobacco for everie time such an vnsealed barrel! is vsed after the feast aforesaid, And likewise Bushels. for bushells vpon the penalty aforesaid, All persons whatsoever being thereby required to take notice of this act and accordingly to provide. This present Grand Assembly to all intents and purposes doth hereby confirm the said act. Popish recu- sants disa- bled from holding any offices. Or persons refusing to take the oaths of alle- giance &■ su- premacy. ACT LI. WHEREAS it was enacted at an Assembly in Ja- nuary 1641, that according to a statute made in the third year of the reigue of our soverign Lord King James of blessed memory, and that no popish recusants should at any time hereafter exercize the place or pla- ces of secret councilors, register or comiss : surveyors or sheriffe, or any other publique place, but be vtterly disabled for the same, And further it was enacted that none should be admitted into any of the aforesaid offi- ces or places before he or they had taken the oath of allegiance and supremacy, And if any peson or per- sons whatsoever should by sinister or corrupt meanes MARCH, 1642-3— 18th CHARLES 1st. 269 assume to himselfe any of the aforesaid places or any other publique office whatsoever and refuse to take the aforesaid oaths, he or they so convicted before an As- sembly should be dismissed of his said office, And for his offence therein forfeit one thousand pounds of tobacco to be disposed of att the next Assembly after conviction, And it is further enacted by the authoritie aforesaid that the statute in force against the popish re- cusants be duely executed in this goverment, And that it -liould not be lawful] voder the penaltie aforesaid lor Popish any popish preist that shall hereafter arrive to remaine priests arriv. bi r. • i' i • i i"S to l>p sent ove live days alter warning given tor his departure oul „, lll( . by the Governour or comander of the place where he collonyinj5 or they shall bee, if wind and weather hinder not his tla - vs - departure, And that the said act should be in force ten da\s alter the publication thereof, at James City, this present Grand Assembly to all intents and purposes doth hereby confirm the same. ACT LII. WHEREAS for the more ease of travellers, It was Ferries and enacted bv the Assembly in Jan. 1641, that all ths ,,ri,l f ' s 1 to 1 be . , J . , , ; 1 «, , established countrey respectively provide and maintain fferrys and an'ic ex- be made by the comissioners where the fferry is kept, pense And where one creeke parts two counties, there each of them to contribute towards the maintenance of the said fferries, and bridges should be built and provided by the first of September following, Ami that all pas- sengers whether strangers or others should be freed from payment otherwise then by the leavie, And that the fferrymen should give their due attendance from sunne rising to sunne setting, This present Grand As- sembly to all intents and purposes doth hereby conjirme the same. ACT LIU. WHEREAS at an Assembly in June 1642, vpon Dealing with consideration had of the bad effects that tradeing minors pro- and trucking with orphants may in time produce, It , ;' 0;U,,, ""- was thought fill in due time so to provide that for the f double the future no sucli bartering or tradeing be at all had with amount, any orphans. And therefore did enact that what per- 270 LAWS OF VIRGINIA, son or persons soever shall barter, bargain, buy or sell with any orphants vnder age shall loose all that he so bartereth or changeth and shall alsoe forfeit double the quautitie thereof, the one moyetie to the informer, the other to his ma'tie, This present Grand Assembly to all intents and purposes doth hereby ratify e and confirm?, the same. "Punishment for resisting the execution o( laws. ACT L1V. WHEREAS it was enacted att an Assembly in June 1642 that if any officer or other member of this collony whatsoever had been or should be molested or troubled in their persons or estates for the due performance and execution of any act or law made, here in the collony, he or they by whom any person should be troubled should be liable to saiisfie all such charges and dama- ges as should be justly proved to be occasioned by any such molestation, in the severail courts of this collony respectively, This present Grand Assembly dolh here- by ratifie and confirme the same. Quarter courts, terms of March term. Returns. ACT LV. WHEREAS it was enacted at an Assembly in June 1642 for want of due formes not before sett downe, for issueing of writs and returnes thereof for the proceed- ing of the quarter courts of this collony, in case of de- falts of sherrifi's and nonappearances of pits, and defts. which occasioned much trouble to the Government and great charge of inhabitants of the collony, That the quarter court shall begin as foil : March court t,o begin the first day of the month of March, if it be not Sunday if it be then on the next day. to continue eighteen days, Sunday not to be account- ed as any of the cort days. The said court to have three returnes, the first re- turne to be made three days before the first day of the sitting of the court. The second retume on the sixth of the court. The third on the 12th of the court: for every re- turne 150 writs that is for everie day of the court 25 warrants. MARCH, 1642-3— 18th CHARLES 1st. 271 June court to beginn vpon the first day of June in June term, case it be not Sonday, then on the next day: to con- tinue 10 dayes to have two returnes : The first returne to be made three days before the Returns tirst day of the court, The second on the 6th of the court to have ascertained 200 writts, one hundred for every returne that is 20 for every day. • The like days for beginning and ending, the like Oct. term returnes and numbers of writs for October court as Returns for June court The 4th court to begin on the 20th of November if Nov. term not Sunday, if it be then on the next day following to continue and have the like returnes and number of Returns writs and days as March court hath. The writs to comand appearance vpon the first, se- Writs cond or third of the first, second or third returne ac- cording to the date thereof. The causes of suits to be exprest in the writs which Causes ot may be inlarged by petition, between every arrest and ^^"r^sed return of the writt. i„. The deft, to have 10 days time to provide himselfo Arrests, No arrest to be made in court time. The writs to go wh,M and in the same tenor as formerly, The deft, vpon the re- wlere " turne of the writ, either by himselfe or his attorney, to enter his appearance in a booke tobekeptby theclerke made in for that purpose, And also putt in his answer vnder court time. his hand the third day of the returnes of the writ, the petitions and answers to be filled and remain in the A PP carance , &• and defence- secretary s office. The pit. to put in his petition vpon the day of appear- When to de auce and in case of such neglect to be non suited, And clare the defendt's. cost to be awarded against him, If the deft, appears not after arrest, then the sheriff to be amerced in tobacco at the discretion of the court to the Sheriff amev- vse of the county, And the sherrifls to have their re- «d if deft. medies against the parties bound for appearance. [a] [a] This clause repealed by a subsequent one in this act ; and the defendant fined 20 per cent pear: 272 LAWS OF VIRGINIA, an I for de- fault of re- turns. Teste of pro- cess h exe- cution. Appeal from monthly to quarter courts. Security. Doable da- mages. Appeal from quarter courts to as- sembly. Treble da- mages. Former act amercing sheriff lor non-appear- ance of deft, repealed. Nil dicit. The sherriffs for defaults of non returnes to be amerced foreverie returne an hundred pound of tobac- co, Process and* executions issueing from the quarter courts to be signed by the Governour and attested by the Secretary, to go in the same forme, and no execu- tion to be directed to more then one sherifte. Appeals to be from the monethly courts to the quar- ter courts, The appealant to pntt in present security for his appearance vpon the day of the quarter court for his abideingjudgment of the court, and for the pay- ment of double damages in case he be cast in the suit. Appeales to lie from the quarter courts to the As- semblies with the former cautious and trebbledamages s in case he be cast in the suit ; which said act and evene clause therein is confirmed by this Grand Assembly, excepting the branch therein mentioned which imposeth a Jine vpon sherriffs for nun appearance of the dc- fendUs, And in stead and place thereof be it enacted that in case the defts. appeareth not after arrests either by himselfe or attorney, for the first default such per- son shall be adjudged by the court wherein the suit is depending to pay vnto the pit. 201b. of tobacco for eve- ry hundred debt, for which he is then impleaded, And for the second default of such defts, The court as afore- said to give judgment as in case of nihil dicet. Jurisdiction of monthly courts. Court days. ACT LVL WHEREAS it was enacted at an Assembly in June 1642 that the comissioners of the severall counties respectively should have power anil authoritie to hear and determine all debts and difTerences vnder the sumtne of sixteen hundred pounds of tobacco or the valew thereof, Where also. It was enacted at the said Assembly thateverie monthly court respectively should keep their courts monthly vpon the severall days therein mentioned (vizt.) Henrico on the first of everie month. Charles Citty the 3d * " Passes an" in the MS uARCH, 1642-3— i8th CHARLES 1st 273 Ja: County the Gtli Isle of Wight the 9th Vpptr Nurff. the 12th Lower Norff the J 5th Eliz'a. Countie the IStli W'arui; k Counlie the 2lst York ( !ounty the 2-!th Norths' tun the 28th ofevcrie montii. Be it enacted this present Grand Assembly that the Number of said monthly courts be reduced to the number of six courts reduo yearly, the daies to be ascertained as formerly, And r^anfff"" in stead of monthly courts to cail coiinfie courts, and sfead of the comissioners to be stiled comissiouers of the c nun tie " irt ; l '% »° b « „„ i < ,• i ... , , . called counlv courts. And lor the prevention of many chargeable courts, suits tending to the molestation and mine of divers poor men for pet tie and trivial] debts, It is thought fitt and enacted by this Grand Assembly, that no court of justice within the collony shall proceed to determine or adjudge or at all take cognisance of any suite hereafter to be comence.i for or concerning any d%bt voder tha Sums under value of 20s. sterling or two hundred pounds of tobac- 2v,s filing __ ■ . • i ° , , . . . , cognizable coe, but in such case, the next adjoymngcomiss. to the before a s j n . creditor to suinon the debtor or deft, by warrant before ciemagis- himvpon complaint to him made and to determine the hatc » wh P . u i ■ • • ii-i i i • t i m;,v CJ,i "nit same by oruer in writing vnder his hand which order to prison for shall be binding, And incase of non-performance, The non-perform- saidcomiss's. is authorised to comitt to prison the per- dnce " "on who shall be refractory to such order as aforesaid. ACT LVH. WHEREAS it was enacted at an Assembly in Trial by jury June 1642, That if either pit. or deft, shall desire the I* *" 6 * 1 * ,. - ' . ,. , r . . .. . . parties who verdict of a jury for the determining of any suite de- desire it. pending within any of the courts of' this collony, he or they shall signifie therein their desire by petition vnder his or their hands vnto the sail courts, before the said cause had any hearing, vpon the day of try- all, if it be the de-ire of the pit. And their petitions to be ffyled in the Secretary's office, and with the clarlse of the monthly court, And if the defend't. 'hall desire it, he or they shall signifie the samp vpoji the en; , of his appearance kj the Secretary's office, which shall b/e 2 L " 274 LAWS OF VIRGINIA, inserted in a booke lobe kept in the office for that pur- pose, which said act this present Grand Assembly to all Proviso. intents and purposes ratified and confirmed, Provided that the cause depending be proper for a jurie. Upon what evidence and surveys pa- tents to issue for importa- tion rights. Exception as to Rappahan- nock liver. The settle- ment of Rnp- pahannock river post- poned. ACT LVIII. WHEREAS it was enacted at an Assembly in June 1642, that if any person or persons whatsoever claim- ing land as due by importation of servants they or each of them shall prove their title and just right ei- ther before the Governor and Counsell or produce certificate from the countie courts to the Secretary's office before any grant be admitted, And that no pat- tents be made without exact survey produced in the Secretary's office as aforesaid, Rappahannock River excepted, which is confirmed by this prestnt Grand As- sembly. ACT LIX. WHEREAS it was enacted at a Grand Assembly in June 1642, That Rappa'k river should remain vn- seated for divers reasons therein contained, notwith- standing it should and might be lawfull for all persons to assume grants for lands there, Provided the same be first bounded, though not by a surveyor and to continue still their proper rights, till the seating there- of be admitted by a Generall Grand Assembly, h then all dividetits to be bounded by just surveyors, which said act this present Grand Assembly to all in- tents and purposes ratificth and confirmeth. Penalty for dealing with other mens' servants or apprentices. ACT LX. WHEREAS at an Assembly in October 1639 in consideration that divers ill disposed persons did se- cretly and covertly trade and truck with other mens' servants and apprentices which tended to the great in- jury of masters of familys, their servants being thereby induced and invited to purloin and imbeazill the goods of their said masters, It was enacted for redresse of the like disorders and abuses thereafter, that what person or persons soever should buy, sell, trade or truck MARCH, 1642-3— 18th CHARLES lsi. 2,16 with any servant for any comoditie whatsoever, with- out lycense or consent of the master of any such ser- vant, he or they so offending against the premises should suffer one month's imprisonment without bayle or mainprize as also should forfeit and restore to the master of the said servant four times the valew of the p our ilin€S thing soe hought, sold or trucked or traded for, which thevalueof said act to all intents and purposes this present Grand ,,; ' % r, -" !C, °' Assembly doth hereby ratifie and confirme. ACT LXI. BE it also enacted, for the better regulating of at- Attowires, lorneys and the great fees exacted by them, that it «"pg»ia«'°a* shall not be lawfull for any attorney to plead causes on c,,,,c ' ;rn,n °- behalfe of another without license or permission first had and obtained from the court where he pleadeth, e(] ow ,cens " Neither shall it be lawfull for any attorney to have license Restricted to from more courts then from the quarter court and one ctMtam county court, and thai they likewise be sworne in the x be sworn, said courts where they are so licensed, And it is fur- ther enacted that no attorneys plead in any count}' court „ . shall demand or receive either for drawitig petition, de- C0U niy claration or answer and for his ffee of pleading the courts. cause of his client above the quantitie of 20 lb. of to- baccoe or the value thereof, nor that at any pleading in the quarter court shall demand and receive either for "Jf^*] drawing petition, declaration or answer and for his ffee of pleading the cause of his cliant above the quantity or 50 lb. of tobaccoe or the value thereof, And if any Penalty for i 11 «i • ,1. taking greater attorney shall transgresse against the premises, or shall r ee s. take above the severall sums aforesaid either by gift or love directly or indirectly, such attorney for such of- fence in a countye court shall forfeit 500 lb. tobaccoe, And for such offence in quarter court shall forfeit 2000 lb. of tobaccoe, one moyety whereof shall be and come to the King, and the other moyetie or halfe to the in- former, whether it be client or adverse parly, or any other person whatsoever, and may recover the same by action of debt iu the severall courts respectively, And ~ • • /• i .i i f , l-i Cannot re- It is further thought ntt that no attorney licensed as fuse to be re- aforesaid shall refuse to be entertayned in any cause 'ained unless as aforesaid, provided he be not entertayned by the ad- ^eothcr " verse party, vppon forfeiture of 250 lb. of tobacco in a side, countle court, and 1000 lb, of tobaccoe in the quarter 276 LAWS OF VIRGINIA, Not toes- court one inoyety whereof shall come to the King's !^™f dtos ^ e - . nvajesty ai)( l l ' ,r other halfe to the informer aforesaid, orthosewho Provided this act nor a tfy penal tie therein expressed h*te letters extend to such who shall he mode speciall attorneys •(procuration %y]{[n[] ^ col|o| , v () ,. to SU( .|, „ h() shaU haye i etters f from tii- . • glaua. procuration out ot JMjgland. ACT LXIi. Agreement WHEREAS according to arti^j nf agreement con- wiiii tins"- eluded with the Governor of Maryland bearing date E'viami as the 3d day of June 1642, It was then at the said As- totheregu- sembly enacted that it should be free and lavvfull for lation oi Com- t | ie saH j inhabitants to trade and barter within the Col- mercc rati- , .• .. ,. ... , . i . . fied lony for ail manner oi commodities raised within the eollony otherwise then with lobaccoe, excepting in the said act all goods, servants imported, excepting alsoe in the said act according to the former act of the 14th Jan : 1641, exporting of horses, mares, sheepe, Where- as also it was enacted at the said Assembly in June 1641 that everie article inserted in the aforesaid agree- ment should be published in all parishes, This present Grand Assembly doth enact and confirme. every clause and branch in tlie aforesaid act, to be and remaine in Penalty for full force and vertue, And doe further enact, that what breach ogre- person or persons soever shall bring or cause to be „ua 10 s. brought any tobacco of the growth of Maryland vnto this eollony and therewith trade, buy or barter for any goods or servants imported, or for any comoditie what- soever raised within the eollony, he or they so oflending shall forfeit the goods and servants or commodities aforesaid or the value thereof, halfe thereof shall be & come to the King's majesty, And the other halfe to the inform, r, And whosoever shall directly or indirectly buy or cause to be bought for or on the behalfe of the said inhabitants of Maryland any goods of what na- ture, kind or condition soever, which shall be imported or are formerly excepted, for any comoditie whatsoever shall forfeit treble the value of the gootls so bought vpou due pr.oofe and conviction therein, One halfe wliereof shall be and come to the King's ma ? tie, and the other halfe to the informer, which act and thepenal- tie therein is to extend as well to the selier as the buyer. MARCH 1642-3— 18th CHARLES 1st. 21T ACT LXIII. VPON consideration had by this Grand Assembly a barrel of of the scarsity of powder and aminition in the planta- powder ailott- tion and the difficullie in procureing the same, It is JjJJj^ thought fitt and ■ nacted that the Governour, at his dis- cretion, do allott a barrel of powder to each countie, to be kept and preserved in the hands of the comman- der and a publique stock, for which the comander of each county is to be responsible. ACT LXIV. FFOR the preservation of the puritie of doctrine h MinisMHto vnitie of the church, It is enacted that all ministers conform tot whatsoever which shall reside in the collojiy are to be J3rta2of conformable to the orders and constitutions of the the church of church of England, and the laws therein established, England, and not otherwise to be admitted to teach or preach Non con r orm . publickly or privatly, And tliat the Gov. and Counsel i bt > tobe do take enre that all nonconformists vpon notice of compelled to them shall be compelled to depart the collony with all c Xnv. convenience. ACT LXV. , . ~ . _ Burgesses of IT is enacted and consented to by this brand Jisstm- upper Nor- bly, that the county of Vpper JNoril'. shall have power folk to be and priviledge to chuse Burgesses for the severall j^^e'l^iits parishes within tlie limitts of the said parishes, ofeachp.t- ris!:. ACT LXVI. WHEREAS it was enacted at an Assembly in Jan: Lane's creek 1639, that the inhabitants of Lanes Creeke should P a,ish - act ii- -i ii • i • i i concerning reduced nuo a parish, and the said parish to begiun repealed from the mouth of Hogg Island creeke along the river to Lanes Creeke, And from Lanes Creeke to the head of the vppermost branches of the said creeke, and from the head of the branches of Lanes Creeke to the head of the branches of Chippoaks Creeke westerly, and thence to the mouth of Chippoaks Creeke, and from thence to Hogg Island Creeke, and that it should be 276 LAWS OF VIRGINIA, Distinct pa- rish formed. Boundaries of. lawfull and free for the inhabitants of Hogg Island in respect of the remoteness of church of Ja : Cittie, to which parish they belong, to provide themselves of a minister at their owne charge without any allowance to the said minister from the parson of Ja: Citty, wherein also it was provided that they should pay as full and ample contribution to the building of a church at Ja: Citty as the rest of the parish of Ja : Citty should be rated, It is thought litt by this Assembly that the said act be wholly repealed, And in stead and place thereof be it enacted in consideration of the disabilitie of the said inhabitants to maintain a minister of their owne, and to contribute to the minister of Ja : Citty, whence they receive no spiritual benefit, that the said Chippoaks be reduced into an absolute parish without any relation to the parish of James Citty, the bounds of the said parish to be southeast vpon the parish of Lanes Creek, Aud northwest vpon the Suncken Marish and northeast vpon James River. Wa'lingford parish, boun- daries of. ACT LXV1I. WHEREAS alsoe it was enacted at an Assembly in June 1642, That the inhabitants of Mrs. Edlow's di- vident lying above Sandy Poynt should be taken and admitted vnto the parish of Wallingford : It is now further enacted, That David Jones' Creeke be the vt- most bounds of the said parish, including the whole divident of Mr. Rice Hoe. Lower side of Water's creek, dis- tinct parish. ACT LXVII1. BE it also enacted and confirmed that the inhabitants of the lower side of Waters Creek downewards to the vttermost extent of Warwich Countie shall be a distinct parish of themselves and injoy all the priviledges of a parish without any dependence or relation to the parish of Denbigh or any other parish whatsoever. ACT LXIX. county divid- WHEREAS it was ordered at a Grand Assem- cd into pa- biy m j une 1642, That the comissioners of the Isle rishes. MARCH, 1642-3— 18th CHARLES 1st. of Weight should provide and allow surveyors to lay out the county according to the former grants and bounds, not infringing the liberties of any other countie, and alsoe that the said comissioners should make a di- vision of the said countie into two parishes and pro- duce the severall bounds thereof the next Grand As- sembly to be confirmed by an act, Provided that the profitts of the whole countie shall remaine vnto Mr. Falkner, Clerke, duringe his residence there, Notwith- standing any other minister that should be imployed in any of the said parishes in the intrim, In conformity to which said act, the comissioners of the said county have returned to this assembly the division of the said county into two parishes (vizt.) The vpper and lower parish. The vpper parish to extend from Lawens Creeke to the eastern side of the Bay, the creeke devide- ing the plantation of Sam. Davis and Joseph Cobbs to be the extent and division of the said vpper parish i The lower parish to extend from the Pagan-poynt vpon the river side to the plantation of Rich. Hayes, from the Pagan-poynt vppon the bay including all the southerly side to the plantation of the said Cobbs, and that all the inhabitants alreadie resideinge or that hereafter shall reside on that side to belong to the said lower parish : Provided allwaies that they shall not pay above double tithes in the whole, which is accordingly enacted by this present Grand Assembty. 279 ACT LXX. IT is enacted by the authoritie aforesaid that there Revenue law be leavied, this present crop, nine pounds of tobacco of 1643-4. per poll, for every tithable person throughout the col- lony, by the sheriffs as formerly, to be disposed of in such manner and to such vses according to the order of this present Grand Assembly. ACT LXXI. IT is enacted by this present Grand Assembly that Members those of his ma'ts. counsell for the collony shall ac- of council ex. cording to his said maj'ts. instructions be freely ex- Siifn ex™ empted from all publick charges and taxes, church cept church duties onely excepted. duties. 280 LAWS OF VIRGINIA, Quit rents, when to eommence. ACT LXXII. WHEREAS it was enarted at an Assembly in Jan. 1640, in explanation of the time when quit rents vpon grants of land are due, That all those grants that were of seaven years continuance or above were to be- ginn their payments (vizt.) Their hist vear's payment at the ffeast of St. Michael the archangel 1639: and soe forwards and that all other grant* should have the benefit to he free from quit rents vntil seaven years after their first grant, whidh is enacted and confirmed by this present Grand Assembly. Recital of the troubles hi England, as the cause of the gov's, pension from the King be- ing suspend- ed. The assem- bly deter- mine to grant bim accom- modation ; but declare that the act is not to be drawn into orecedent. ACT LXXIII. WHEREAS through the vnkind differences now in England,* It may be with great reason be assured to the most scrupulous that the several) pension and al- lowance from his ma'tie to the Goveruour of this place, is for this present withdrawn and suspended, & that therefore for the stfstentation and support of the honour of this place of gov'r. in accomodation from the plantation incleare and absolute tennes of necessitie is required and inforced, Yet nevertheles this present Grand Assembly together and eye to the honour of the place, haveingalsoeentred into a deep sense and consi- deration of the duty and trust which the publique votes and suffrages have cast vpon them, vnder whirh is com- prehended a* the most spe«iall and binding obligation, the preservation of the rights and properties of the peo- ple, to which this course how intended may seem to threaten violence however rather innovated in the rr.an- er and circumstance then in value and substance, Yet as well for the silenceing of pretences as for answear- ing of arguments of weight, It is thought jitt hereby to declare that as from the infancy of the collony there was never the like concurrence and pressure of afiairs, which they likewise hope and pray to Almighty God to from his ma'tie. and his ma'tie's King- "I'Thia-has an allusion to the civil war in England, between Charles the Ctxft and his par'iatrient ; which commenced in 1642, aiid nhotri this ifmc was ragiiig'at its full height. It terminated hi 164&; with I be death of Charles and Hie aboKtion of monarchy i whereupon Crom- well was declared Protector: MARCH, 164-2-3— ISth CHARLES 1st. 231 Jom, soe they have recorded to the posteritie with this ensueing president of accomodation for the Governour, That the aforesaid instance and motives removed they will never yeild or consent to receive the same. This present Grand Assembly hath heretofore enacted that the present accomodation shall be as followeth (vizt.) L evy for tlie That there be leavied for the said Governour's accomo- governor's dation for this present year 1643, 2 shillings a head for a . c< °>n«noda- every tithable person in the collony to be paid in provi- sion as hereafter mentioned at these rates (vizt.) Indian corne at 10s. per barrell — 2 barr. of ears to one of corne. Of what to Wheat at 4s. per bushell. ™™** and Malt at 4s. per bushell. counties pay- Beife at 3d. l-2d. per pound. able. Porke at 4d. per pound. Good henns at l2d. Capons at Is. 6d. Calves at 6 weeks old 25s. Butter at 8d. per pound. Good weather goats at 20s. Piggs to roast at 3 weekes old at 3s. per pigg — Cheese at 6d. per lb. — Geese, Turkeys and Kidds at 5s. per peece. The provision of corne to be leavied out of these counties : Henrico, North'ton, Eliza. Cittie, Lower Norff. Vpper Norff. Yorke including Peanketank. These counties to pay the other provision : Charles Cittie, Ja : Cittie, Isle of Wight, and War- wicke. Ffor collecting hereof it is hereby enacted by this How collect- Grand Assembly that vpon the Governour's notice of* 1 - the severall countie courts : allowing the reasonable time that the leavie the said severall proportions, alike proportionably as aforesaid in 2 places in evrie parish within the severall counties respectively : And the slier- riffeof the severall counties with the assistance of the constables of the limitts are to give notice to the inha- bitants, after the said provision is to be leavied, to bring in their severall proportions to the said severall places by them appointed as aforesaid, And in case of refusall 2 M 282 LAWS OF VIRGINIA, to distrain vppon the estates of such who shall be de- linquent in payment, and bringing it to the aforesaid places for satisfaction thereof, And the said sherriffs after such collection are hereby enabled to hire boats, and men, to bring the same to James Cittie to the Governour's. And their several disbursments and charges therein expended to be putt to account and presented to the next Grand Assembly to be satisfied out of the leavie. WILLIAM BERKELEY. ATT A ^SffiHDB&Tr HOLDEN AT JaMES ClTTIE THE FIRST OF OcTOBEF- 1644. tTTThcMS. from which the acts of this session were printed, is now in the library of Congress at Washington, [From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death, it was purchased, with his library, hy Thomas Jefferson, Esq. from whom it was bor- rowed by Edmund Randolph, Esq.~\ PRESENT Richard Kempp, Esquire, Govern- or, &c. Capt. Win. Claiborne, Capt. Wm. Peirce, Capt. Hen. Browne, Capt. Wm. Brocas, Mr. Geo : Mi nine, Mr. Rich. Bennett, Capt. Hum. Higgison, Capt. Wm. Bernard, Mr. Geo. Ludlow, Capt. Rich. Townesend, y Esq,viREa, OCTOBER, 1644— 19th CHARLES 1st. i83 James Citty countie The names of the Burgesses for the several! plantations : f Capt. Rob't.Hutchinson, J Mr. Stephen Webb, | Mr. Edward Travis, «^ Mr. Thos. Loveing, Mr. George Jordan, Mr. John Shepherd, Mr. Thomas Warren. ( Mr. John Chew, expedition* dred eighty-seaven persons to pay 4122 pounds of to- |,^ i l " l s 1 ! ! < * baccoe to such persons as shall be appointed to receive the same, by Capt. Wm. Clayborne, Esq. In Yorke county, six hundred and nine persons to pay 3654 pounds of tobaccoe, to Capt.Townesend 4201b. of tobaccoe, to Wm. Smoote 600 pounds of tobaccoe, To Capt. Clai- 288 LAWS OF VIRGINIA, borne 2634 pound of tobaccoe, Warwicke county 328 tithable persons to pay 1968 pound tobacco, ToCapt. Claiborne 278 pound of tobaccoe, To Mr. Pryor 200 pound of tobaccoe, To To Hen: Lee 346 pound of to- baccoe, And to Mr. Bennett 1144 pounds of tobacco. Elizabeth Cittie countye 341 tithable persons to pay 2046 pound of tobaccoe to Mr. Bennett, Northampton countie346 tithables to pay 2076 pound of tobaccoe to Capt. Claiborne. Lower Norfolke two hundred nine- tie six tithable persons to pay one thousand seaven hundred seaventy-six pound of tobaccoe to Mr. Ben- nett, And the Isle of Weight countie 463 tithable per- sons to pay two thousand eight hundred and eighteen pounds of tobaccoe to Mr. Bennett, All which sumes are to be leavied by each sherriffe in their severall counties, And by them paid as avovesaid. ATT A HOLDEN ATT JAMES ClTTYE THE 17TH OF FEBRU- ARY, 1644-5. (D= The MS. from which the acts of this session were printed, is now in the library of Congress at Washington. [From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, tvho transmitted it to his son Peyton Randolph, Esq. after ivhose death it was purchased, with his library, by Thomas Jefferson, Eq. from whom is was bor- rowed by Edmund Randolph, Esq.'] PRESENT RICHARD KEMPE, Esquire, Go vernour, &c. Capt. John West, Capt. Wm. Clayborne, Capt. Wm. Peirce, Capt. Tho. Willoughbye, Capt. Thomas Pettvs, Mr. Richard Bennet, Capt. Hen. Browne, Mr. Argoll Yardly, Capt. Humphrey Higgison, Capt. Wm. Bernard, Mr. George Ludlow, Capt. Richard Townesend, J y Esquires, FEBRUARY, 1644-5— 19tb CHARLES 1st JSf' The names of the Bureresses : For James Citty For Henrico For Charles Cittv For Warwick county ("Mr. Ambrose Harmer, j Capt. Robert Hutchinson, j Mr. Wm. Barrett, <{ Mr. John Corker, Mr. Peter Ridley, Mr. Geo : Stephens, ^Mr. John Rogers. ( Mr. John Baugh and (Mr. Abraham Wood. ( Capt. Edward Hill, Speaker J Mr. Rice Hoe, ] Leift. Francis Poythres. ^Mr. Edward Prince. Capt Harwood, Capt. Tho. Bernard, Mr. Hen : Heyricke. ■& .u t i e wt u. > Mr. Arthur Smith, For the Isle of Wight | Mr ^ Hardy ' ForVpper Norff, For Elizabeth Citty For Northampton For Lower Norfolk < Mr. Phillip Bennett, (Mr. More ffantleroy. Capt. Yeo, ler Caulthropp and Price. C Capt. Yeo, 1 Capt. X'pli (Mr. Arthur ( Mr. Edmon. Scarbrough, ( Mr. Stephen Charlton. C Mr. Edwan I Mr. Tho. ft I Mr. X'pher Mr. Edward Lloyd, Meares, 'pher Burroughs, ACT I. BE it enacted by the Governour, Counsell and Bur- gesses of this present Grand Assembly for God's glory and the publick benefitt of the collony. to the end that God might avert his heavie judgments that are now vpon vs, That the last Wednesday in every month be sett apart for a day of ffast and humiliation, And that it be wholy dedicated to prayers and preaching, And because of the scarcity of pastors, many ministers have- 2 N A month) v fast esta- blished. 2fm LAWS OF VIRGINIA, t Former law as to preach- ing, &c. re- vived. Ministers to .•eside with- in their cure JKarishioners may use a lecturer where their minister can- not attend- 18th of A|»;l a day of thanksgiving , wiriv. ing charge of two cures, Be it enacted, That such a minister shall officiate in one cure vpon the last Wed- nesday of everie month ; and in his other cure vpon the first Wednesday of the ensuing month. And in case of haveing three cures, that hee officiate in his third curevppon the second Wednesday of the ensuing month, which shall there be their day of fast, That the last act made the 11 of January, 1641, concerning the minis- ters preaching in the fore-noon and catechiseing in the afternoon of every Sunday be revived and stand in force, And in case any minister do faile so to doe, That he forfeit 500 pound of tobaccoe to be disposed of by the vestrey for vse of the parish. ACT II. THAT everie minister shall reside and abide within his cure to perform such acts of his callinge ( vizt.) bap-; tize weak infants, to visit the sick and all other ac- tions which pertain to his ministerial function, vpon penalty as aforesaid. ACT III. THAT where it soe falls out that any minister have induction into two or more cures farr distant one from another, whareby one cure must necessarily be neg^ lected, It shall be lawfull for the parishioners of such a cure, to make vse of any other minister as a lecturer to babtize or preach, Provided it be without prejudice or hinderance to the incumbent that first had his in- duction. And that the priviledge shall be allowed to all other parts inconvenient and dangerous for repaire to fhe parish church. ACT IV. THAT the eighteenth day of April be 3 r early cele- brated by thanksgivinge for our deliverance from th* 1 hands of the Salvages. Vestry to bf elected by a •majority of parishioners ACT V. THAT the election of every vestry be in the power of the major part of the parishoners who being warned will appear to make choice of ?uch men as by FEBRUARY, 1644-5— 19th CHARLES 1st. -'*< pluralitie of voices shall be thought fitt, and such warninge to be given either by the minister, church- wardens or head comissioners. war ACT VI. 1 HAT whereas the church- wardens have been church very negligent in the execution of their duties and of- densamen- fice, The county courts shall hereby have power to able to county M.i . • a i -r • i -i courts, them into question, And it just cause be, to punish or fine them as the offence shall deserve. ACT VII. The Governor, counsell and Burgesses of this pre- pronibitiou sent Grand Assembly haveing maturely weighed and against de- considered the exreame prejudice which will necessa- taUonf that* rily ensue to the collony by deserting of plantations have been which are now seated, or since the 20th of November seated, last have been seated, have enacted, And by the autho- ritye of the same be it enacted, That it shall not be law- full for any person holding land by patent or who soe hath held land since the 20th of November last, volun- tarily to leave the same vpon penaltie of (forfeiture thereof, so as it may be lawfull for any person whatso- ever to take vp the same by patent as land deserted. And if any lessee shall in like sorte voluntarily relin- quish land leased to him, it shall be lawfull for any person to enter vpon the same and have the benefitt thereof vnles the patentee will seate or cause the same to be seated, provided that he that hath the patent of the land so deserted by the proprietor, or enters vpon any leased lan&, do forthwith seat the same with a competent number of men, arms and amunition. And it is further enacted by the authoritie aforesaid, persons de That it shall not be lawfull for any person so desert- serting theii ing his plantation as aforesaid to burne any necessary P lanta f" ons , & . ' , , . in . ^ not to bum houseing that are scituated therevpon, but shall receive the houses, so many nailes as may be computed by 2 indifferent & to receive men were expended about the building thereof for full ™ ™ r n c y e " ai,s satisfaction, reservinge to the King all such rent as did pended in accrew b> vertue of the former grants or planting of building it He same from the expiration of the first seaven years ■zm LAWS OF VIRGINIA. Certain counties as- sociated to carry on the war against the Indians. Council of war. T If tir power. How punish- ed for abuse of power. Every li? fithables to furnish a sol- dier for car- rying on the war on the north side of the river. Who are deemed ti' ,'iMes. Penalty fo. concealing tithables. When the council of war may press men. ACT VIII. BE it enacted by the Governour, Counsell and Bur- gesses oj this Grand Assembly that the three countys of Isle of Wight, Vpper Norff: and Lower Norff: shall prosecute the enemie and defend those parts from Vp- per Chipoaks downewards by constant marches vpon the Indians, And the inhabitants of LawnesCreeke vp- wards to the falls on the south side of the river shall do the like from the Vpper Chipoaks to the vtmost extent on that side. And that the Leifts. and deputy Leifts. or the major part of them be the counsell of warr of the aforesaid associating countys and limitts vnder the Go- vernour and Counsell; And that the warr be managed equallie and proportionably, respect being had to the frontiers, And that the same counsell of warr shall have power to leavie such and soe manie men, arms, ammu- nition and other necessaries as emergencie of occasions shall require, And in case of any of the said Leifts. or deputy Leifts. shall abuse their trust, And just com- plaintmade thereof, that they shall be subject to punish- ment by the Governour and Council or general As- sembly, And that the election of the comander3 in cheife be from time to time referred to the Governour and Council, And be it further enacted by the autho- rity aforesaid that for the manageing the warr on the north side of the river, That evrie 15 tithable persons shall sett forth, compleatly furnish and maintain, one soldier, vntil such time as the Governour and Council shall find cause to increase or diminish the number; And because there shall be no scruple or evasion who are and who are not tithable, It is resolved by this Grand Assembly, That all negro men and women, and all other men from the age of 1G to GO^hall be adjudg- ed tithable : And in case any person or persons within their familys, that such delinquents shall forfeit double pay for everie tithable person soe concealed; And where ffifteen are joyned to set forth one and cannot agree amongst themselves, That in such case the coun- cil of warr shall press whom they shall think fitt, And whereas some difference may arise concerning the pay of the soldier so sett out, It shall be lawfull for the 14 to compound and agree with him as they and he shall think fitt, And in case of disagreement that then the counsell of warr shall allow the soldier such satisfacti- FEBRUARY, 1644-5— 19th CHARLES 1st. lUl, on from the 14 as to them shall seem convenient, And the said counsell of warr shall have power to armethe soldier with all necessaries out of the said fifteen men, provided that the soldier be responsible for his arms (in case he shall negligently loose or spoyle them) out of his sallary, And to avoid all doubts and controver- sies that may arise in case of the death of any such sol- dier, whether he be servant or other, Be it enacted by the authoritie aforesaid that any soldier so slayne in the service his whole yeares sallary shall be due if he were hired for so long time as he did serve, and the re- mainder by a publique leavie, And in case he be only sick, maymed or hurt, that then the county of which he went to pay for his cure to the chirurgion that shall be imployed about him, And if it so fall out that a dimi- nution of the armes shall be expedient, That then the least number maintaining a soldier shall be first releiv- ed. May arm Ibe soldiers, who are to be rt* sponsi- ble if they negligently lose them. Soldier kill- ed in service entitled to his whole year's pay. If wounded the expense of cure to be paid by his county. Who to be fust disharg- ed. Fort James Pay of work men. ACT IX. Be it also enacted that there be three fi'orts erected, i ln . ee U)Vl . one at Pomunkey to be called Fort Royal ; another to to be built, the Falls of James River to be called ffort Charles, and p^rtci?^ the third on the Ridge of Chiquohomine, and to be call- ed Fort James, and that carpenters and other necessa- rie handicraft men for and about the said worke be pressed at the rate of 7 pound of tobacco per diem for conveniencie of retreate and other occasions, The co- manders of thefibrts to be appointed by the Governour and Council ; And in case an expedition to Pomonkey or any other northerly part of the collony do require it, that the severall commanders with the companies shall joyn by a comand from the Governour and Council to Governor as prosecute the said warr, and leaving a sufficient strength do . unei ' ma -' at each Ifort, and in case they shall not be thought a sufficient company so joyned as aforesaid, That the Go- vernour and Council shall have power to raise either men, horses, armes, amunilion or provison as they shall think fitt or expedient for the service, And be- cause it is an vndisputable truth, that the service of some Indians either of Achomack or Rappahannock be treated with and entertained for the further discovery of the enemie, Be it also further enacted, That the co- mander? in cheife tpc^vp for their vears ^llarv as a r X ol ° 294 LAWS OF VIRGINIA, How inferior offi'/prs ap- pointed. Counties on the south & north side of the river to bear the ex- penses of the war on eacli side respect- ively. reward for their service 6000 pounds of tobaccoe, Their Lefts 4000 pounds of tobaccoe, And either Serjeants 2000 pounds of tobaccoe yearly or so long as they serve proportionately, And the choice of the inferior officers shah belong to the said comanders with allowance of the Governor and Council ; And be it explained and confirmed by the authoritie aforesaid that the associa- ting counties on the south side of the river are wholly to contribute towards the maintenance of the warr on that side without any expectation of any contribution from the north side, and so likewise on the north side by themselves including Northampton and Northum- berland.* ACT X Penalty an- nexed to a former act for shooting. BE it alsoe enacted and confirmed that this clause be annexed to the first act of Assembly held the first of March, 1643, concerning shooting of Gunns — That the penaltie for every offender and offence in that kind shall be 100 pound of tobaccoe halfe to him that in- formed the Left, and the other halfe to the vse of the courrtye. ACT XL Poor prison- ers taken in execution for tobacco, <;orn, &c. may be dis- charged by exhibiting an inventory of their estate on oath and payment of other com- modities. BE it aisoe enacted by the authoritie of this Grand Assembly, for releife of severall poor men that are layd in the sherriffs hands vnder execution, for tobaccoe, corne and other comodities, which truly in kind they have not, that therefore in such cases the inventorie of his or their estate being produced vpon oath in pre- sence of the creditor, The comiss. shall determine what shall be valued for satisfaction of the debt. " This is the first time that the county of Northumberland has been mentioned in any of the acts. It would seem from this circumstance that the power of forming new counties was at that time vested in the governor and council. See ante pa. 115. Instructions to Sir Francis Wvatt for dividing the colony into cities, boroughs, &c. FEBRUARY, 1644-5— 19th CHARLES 1st. J95 ACT XII. BE it further enacted by the authoritic aforesaid, Former act That from henceforth and after the publication of this declaring act in the severall counties, especially the order and wmedebts 7 t * «*** *»»■»-• not recover- act forbidding wine debts to be pleadable, to be abso- able repealed lutely repealed and made void, And for all wine debts made since the date of the said order, that they bee sa- tisfied by paying one third of the said debt at the next cropp, And the other two thirds^ at the next ensueing fropps proportionably. ACT XIII. BE it alsoe enacted by the authoritie aforesaid, for the regulation of clerkes and sherrifls' fees and their large exactions hereafter that in couutie courts it shall be sufficient authoritie for sherriffs to arrest any person in an action of debt or trespass if the said action be entred in the court booke by the clerke and the charge of the entrance to be four pound of tobaccoe : And also that it shall be lawfull for subpenas to be served by the party procuring the same, or by their appoint- ment, and not by the sherriffs vnles it be desired : The charge of a subpena to be as formerly: Likewise, Be it enacted that no person whatsoever be forced to pay for writeing a petition vnless he employ the clerke to do it, And then as the act appoints, Nor for recording of any patent or comission of administration or take- ing of examinations or depositions in criminall causes or whatsoever else is to be done ex officio, and for which acertaine fee is established by the act of Assem- bly, And that no clerke do demand three pounds tob'o. per cent de futuro for takeing of inventories vnles they be therevnto required, And then no more then the par- ty imployiug him and he can best agree: of all which the county courts are required diligently to looke af- ter, And complaint made for extortion in any officer by their ffees or otherwise that such ffacts be punished by the severall county courts or presented to the quar- ter court Clerks and Sheriffs' fed; regulated. Subpoenas may be serv- ed by the parties tlierti selves County and quarter courts may punish clerk.. and sheriffs for extortion 296 Free trade allowed to inhabitants, and all acts against in- grossing repealed. LAWS OF VIRGINIA. ACT XIV. BE it further enacted and confirmed, That ftree trade be allowed to all the inhabitants of the collony to buy and sell at their best advantage ; And that all acts concerning ingrossing be from henceforth repealed & made void. Free trade to be encouraged with the king's sub- jects resid- ing in En- gland. Assurances given by the assembly. ACT XV. WHEREAS the great wants and extremities of the collony do necessarielie require that care & meanes be vsed for the encouragement of trade, Be it therefore enacted by the Governour and Council and Burgesses of this present Grand Assembly that there be a free trade and commerce allowed to all his maj'ts. subjects within the kingdom of England, And it is further thought fitt to be explained particularly, because of some questions and doubts that have been made by the Londoners this yeare tending to a prohibition of trade with them, that it was never intended but the contrary thereof allways assured vnto them, as divers publique acts and proclamations in the collony do at large declare : And this Assembly on the behalfe of the inhabitants do pledge the faith of the collony for a continuance of a free and peaceable trade to them with all justice in any case requiring it, so as demeane themselves in a peaceable manner, and be obedient and conformable to the government. ?ci-g;T, how to be allow- ed in court. ACT XVI. BE it enacted by the authoritie of this present Grand Assembly for avoiding causes and suits of law, that where any suit shall be comenced either in quartercourt or county court, that if the defendant have either bill, bond or accompt of the pit. wherein he proves him debtor, that in such cases the courts do balance ace's, consideration being had and allowance given to the pit. for his charges who first began his suit, as alsoeto the time when such bills, bonds, accompts or demands were due to be compared with the acco. in ballance* And this act to continue till the next Asspmblv. FEBRUARY, 1644-5— 19th CHARLES 1st 297 ACT XVII. BE it enacted by this Grand Assembly in respect Summary re- most of the sheriffs, as is conceived, have converted ^J^""'* a great part of the eighteen pound of tobacco per pole pcc tedof to their private benefit; And likewise some comiss's. converting into whose hands part of the said levie hath been de- f^^^,, poshed, That the county caurts respectively do call uses, the said sherriffs and such of the comiss'rs. to accompt, And where such default shall be found, That executi- on presently issue forth against the estates of the de- linquents for payment of such summe or summs soe converted with a large consideration for forbearance to the publique, In respect it was no forced conjecture that they have raised to themselves great profitt by such conversion. And the estate so seized to remain in the hands of the comiss. are ingaged by act of Assembly to be responsible for publique leavies. ACT XVIII. BE it enacted by the authorilie aforesaid, That Certain com- George Minifie and Richard Bennet, Esquires, be im- ™"h a n s e e rl,to ployed by themselves joyntly or severally or by any powderand ■whom they shall think fitt in the behalfe of the collony sho *- for purchasing of powder and shott at the cheapest rates they can, And that they have power to receive of severall sherriffs all the present readie tobaccoand dis- pose of the same for that purpose, but more especially that they or their assignes do provide the greater quan- tity of shott and lead in respect of the generall want thereof, And that the Governourand Council with them have power to dispose thereof, for the furnishing of the forts and setting out of marches as they shall think fitt: And that they the said Mr. Minifie and Mr. Bennet be responsible for the same at the next Assem- bly. ACT XIX. BE it enacted by the present Grand Assembly, That Servant*, the act the last Assembly excepting servants, armes, arms, kc. amunition, and corn for present subsistance from the * r x ^exec rigor of cxec'n. be still in full force and power and so tion. to continue till the twentieih of October next. 2 O execu- ids LAWS OF VIRGINIA, Certain int»- bitants of James City pa.ish may form a dis- tinct parish on account of the danger of the times. ACT XX. BE U enacted by the authoritie of this present Grand Assembly, with consent of Mr. Thomas Hampton, rector of James Ciltie parish, in respect of the dange- rous limes and inconveniencies for the inhabitants ot the east side of Archer's Hope Creeke to the head thereof and downe to Warham's ponds, to repaire to the parish church att James Citly, That they be a distinct parish of themselves or shall have power to adjoyne themselves to the parish of Martin's Hundred as they the said inhabitants shall find most convenient. ATT A HOLDEN ATT JAMES ClTTY THE TWENTIETH OF NO- VEMBER, 1645. dTThe MS. from which the acts of this session were printed, is now in the library of Congress, at Washington. \Froma MS. received from Edmund Randolph, Esq. which was once, the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was bor- rowed by Edmund Randolph, Esq.] PRESENT Sir WILLIAM BERKELEY, Kn't, Governour, Sic. The names of the Burgesses for the severall planta- tions : f Mr. John fflood, Mr. Walter Chiles, Mr. Thos. Swan, Mr. Robert Wethcrall. Mr. Ambrose Harmcr, Mr. Thomas Warne, Mr. Peter Ridley, V^Mr. Geo : Stevens, Capt. X'pher Coltrop. Mi-. Rowland Burnham, Mr. Arthur Price James Citty county < York County NOVEMBER, 1645— 20th CHARLES 1st. 349 Isle of Wight county Lower NorfT. Elizabeth Citti Warwick county Northampton Vpper Norff. Charles Citty Capt. John Vpton, Mr. Geo. Hardin, Mr. John Seward. ^ Mr. Cornelius Lloyd, \ Mr. X'pher Burrowes, ( Capt. Lenard Yeo, ( Mr. John Chandler. C Capt. Tho. Bernard, < Mr. John Walker, ( Mr. Randal) Crew. Mr. E'd. Scarbrough Speaker, Mr. Thomas Johnson. Mr. Philip Bennett Mr. Edward Major, Mr. Richard Wells. 'Capt. Fra. Eps, Capt. Edward Hill, Mr. Edward Prince, Mr. Rice Hoe, j Mr. Win. Barker, Mr. Charles Sparrow, Mr. Anthony Wyatt, 1 Mr. A bra. Wood, Mr. Wm Hatcher. Henrico county Northumberland* — Mr. John Matrum. ACT I. BE it enacted by the authority of the Governour, Number of Council and Burgesses of this present Grand As- burgesses for sembly, That whereas the certain number of Burgesses Nmj| e d OUOty for the severall countyes of this collony have been di- vers times augmented and lessened without any certain rule for the same : that hereafter for all ensueing As- * This is the first time that the county of Northumberland ap- pears to have been represented in the General Assembly. The name did not occur till it was mentioned in the 9th act of the pre- ceding - session ; and the county was probably formed by the Go- vernor and Council during the recess of the Legislature. See note Co act IX. of February, 1644-5. 300 LAWS OF VIRGINIA, lS T o county to exceed four members, except Jas. City, which may send 5 and the city one. Where elec- tion to be held. Notice to be given. semblies no county shall exceed the number of 4 Bur- gesses, (except the county of James Cittieonely, which shall elect 5 Burgesses for the said county and one for James Citty) And that the election of all Burgesses be performed in those places where the county courts be held, (those places excepied which are published by act of Assembly ;) also the sherriffs shall give notice of such elections to the severall inhabitants 6 days at least before the time of meeting to that place. Ordinary keepers ral- ed. Prices of wines and strong wa- ters. Penalty for fraudulently mixing wines or strong waters. Tor exceed- ing the rates. ACT II. WHEREAS there hath been great abuse by the vnreasonabie rates exacted by ordinary keepers, and retailers of wine and strong waters, Be it enacted that no person or persons whatsoever retailing wines or strong waters shall exact or take for any Spanish wines (vizt.) Canary, Mallego, Sherry, Muskadine, A- legaut or T^nt above the rate of 30 pound of tob'o. per gall. And flbr 1VJ aderea and Fyall wine above 20 pound of tob'o. per gall. And for all ffrench wines above the rate of 15 lb. tob'o, per gall. And for the best sorte of all English strong waters above the rate of 80 lb. of to- bacco per gall, and for aqua vitae or brandy above the rate of 40 lb. tob'o. per gallon. And if any person or persons retai'.eing wines or strong waters as aforesaid shall fraudulently mix or corrupt the same, Vpon complaint and due proofe made thereof before two commissioners whereof one to be of the quorum, The said commissioners shall by warrant vnder their hands comand the constables to stave the same, And if any shall take more then such rates sett they to be ffined at double the value of such rates soe exacted. Inhabitants restrained from hunting in the woods or travelling abroad. ACT III. WHEREAS the carelesse stragling of many peo- ple hath exposed them to the slaughter of the enemie, Be it enacted, that the Leifts. and deputy Leil'ts. in the severall precints, shall hereby have power to restraine all such persons (as not being considera- NOVEMBER, 1645— 20th CHARLES 1st. 301 ble party to defend themselves) shall either hunt in the woods ortravell abroad, and punish such a> shall oiiVnd therein according to the nature of the offence. ACT IV. TO rectifie the great abuse .d' millers, Be it enacted MiHen not that no person or persons sha':! tor the grinding any ^^j".^!)" grayne that shall he brought vnto them take above ?ar t for toll. the sixth part thereof f r toll. ACT V. WHEREAS it hath pleased bis most excellent ma- jestie to give instructions to the present Governor for the inlarcement of the payment of powder paid by the shipps arriving in this collony, B< it therefore enacted that for this present yeare all shipps which have arrived since the Governor's last comeing in, or that shall arrive before midsumer next shall pay one halfe pound of powder to the publique, for every tunne of there burthen, And be it alsoe enacted. That all shipps arriveing after midsumer next shall pay to the publique 1-2 pound of powder and three pound of lea- den shott or lead for every tunne of their burthen, and that this present act shall be affixed to the masts of all shipps arriving in this collony, to the intent that notice may be taken thereof. Additional tonnage on shi ( is payable in powder, and shot. This act to he fixed to the head of the masts of all ships on their arrival. ACT VI. WHEREAS many vexatious suits have happened Limitations in this collony and much injury done especially vnto actions on the estates of the deceased, and some absent persons ' book d e i 3tS) by the accepting of acco'ts, and booke debts as good to9 months evidence and proofe for the recovering of debts which indeed were not justly due, Be it therefore enacted that noe booke debts or acc'ts. (not allready made) Proviso, shall be pleadable in any court or courts of justice with- in this collony after 9 months from the original of the said debts, without speciality or writing vnder the hand or hands of any person or persons that shall be implead- ed for the same, except a suit be commenc'i, and a de- 302 LAWS OF VIRGINIA, To extend to inhabitants of, &. debts contracted within ihe colony only. claration entered and fyled in the county court, where the debtor liveth within the said 9 months, Provided that this act shall only extend to such debts as shall be made within this collony, and to such person & persons, debtors and creditors as shall inhabit and dwell within this collony. All mercena- ry attornies to be expell- ed from office. ACT VII. WHEREAS many troublesom suits are multiplied by the vnskillfullness and coveteousness of attor- neys, who have more intended their own profit and their inordinate lucre then the good and benefit of their clients : Be it therefore enacted, That all mercenary attorneys be wholly expelled from such office, except such suits as they have already vndertaken. and are now depending, and in case any person or persons shall offend contrary to this act to be fined at the discretion of the court. sheriff not bound to re- ceivi- any clerk's fees or ferry- men's wa- ges, Lc. which do not belong to his place. All adminis- trations to be granted at ihe county courts where the deceased dwelt ; And probate of wills, ap- praisements, inventories &t accounts to be there had and allowed. Commission- ers to cer- ACT VIII. BE it enacted that no sherriff be compelled to re- ceive an}' debts of ffees of clerks or fferrymens' wages or ffees of any other officers which do not properly belong to his place (the secretaries and the clerkeof the council their fees for the precedent years only excepted.) ACT IX. WHEREAS the estates of the deceased persons in this collony have been much wronged by the great charge and expences which have been brought in by the administrators thereof by pretence of their attend- ance at James Cittye and the distance of. their habita- tions from thence, ffur remedy tvhereof, and because the abuses may bebetter knowne and presented in the place where the decedent dwelt and the estates belonging to orphans and absent men may be better conserved, Be it enacted, That all administrations shall be granted tt the county courts where such person or persons did re- side or inhabitt, And all prohats of wills there made and the wills recorded together with the appra'rsments. NOVEMBER, 1645— 20th CHARLES 1st. 303 inventories and acco'ts. belonging to the same there tifytothe examined and allowed, And accordinglie as the comis- "Jjf*"'** «... in • omce lor a sioners of the said county courts shall see cause, to give qi ,i e tus of certificate to the secretaries-office at James Citty for a adnrin'n. quietus est to be given to the administrators of course, ^"'"obe"" and likewise that all such administrations being granted sen tup to and made there, be sent vp to the said office to be ex- James City empiified vnder theseale of the collony. rmedwt&e* —— . the seal of ACT X. theco, ° ny WHEREAS the great distance of many parts of County this collony from James Citty hath occasioned much j^ve'L^s- trouble and charge to the inhabitants by their fre- diction of all quent repair thither for the dispatch of their buisnes in causes at suits of law, it is thought jil and accordinglie enacted, ^™" '* that all causes of what value soever between party and ty. party shall be tryed in the countie courts by verdict of Jur < e s> now • • ••- *^l i ii i -^ i • l • i ii empannell- a june il either party shall desire it, which jurors shall r(] r be chosen of the most able men of the county who shail To consist of of course be empannelled by the sherrifT for that pur- tl,e n,ost able i •/ ^ men. pose: but. if the defendant before the hearing of the Deft; before cause shall desire releife in equity, and to be heard in the trial may way of chancery, then the proceedings by the way of g^u"^ jury at common law shall be stayed vntil the other par- the trial at ty have answered the particulars of his petition vpon kwsuspend- oath and the cause heard accordingly : Vpon which C8U ( 6e for re . hearing, The eomissioners shall either proceed to make liei inequity a final end, or decree in the said cause, or else finding ! he s,u f ,0 , - , . c . . . , ? be remitted noe such cause of releife in eqintie as was pretended, tothecom- then to remit the cause J^ck againe to be tryed by ajiv mon law side rv as aforesaid : And the jurors to be kept from food « f the con". ~ i i -c -ii i • t Jurors to be and releife till they have agreed vpon their verdict ac- kept from cording to the custome practised in England, Also it food, fac. shall be lawful! for any person or persons haveing cause ^^ x „ of equity to take out sumons vnder the hand of one of how com the eomissioners of the quorum in way of subpoena to rnenced. be entred in the Clerkes booke, commanding the ap- Bill or pnti pearance of any person or persons to answer the com- tion to be plaint of the pit. who sV all exhibitt his petition, to exl,,l)lted - which the defendant shall be bound to answer vpon Answer on oath a* aforesaid, And the court is hereby authorized oat, » to appoint such times and orders as they shall think fitt fTor the hearingof all the aforesaid chancery causes, Be Record* to it alsoe enacted, That the clerkes of the courts shall btfk w x 304 LAWS OF VIRGINIA, Depositions, r«w taken. from time to time keep records of the proceedings of all actions and causes aforesaid, and noe depositions shall be taken but in court, or before two of the comis- sioners the pit. and defend't being present or some ap- pointed by the said pit. and deft. Judgment may be con- fessed out of court by ac- knowledg- ment in writ- ing. ACT XI. BE it also enacted for the lessening of expense and trouble in courts, Thai if any person or persons will acknowledge vnder his or their hand or hands a judgment for his or their just debt or debts, and the same be entered by the clerke of the county court be- fore one of the comissioriers of the quorum in a booke to be kept for that purpose, Then such judgment shall to be equally binding if given by the court, and execu- tion to issue accordingly, And the clerkes fee for en- tering such judgments to be tenn pounds of tobacco h for an authenticail coppie thereof four pounds of to- bacco. ACT XII. Grand juries to be empan- nelled at midsummer and March co'ty courts. BE it also enacted, That at midsumer and March courts a jury shall be empanelled in the severall county courts, to attend the said courts, to receive all presentments and informations, and to enquire of the breach of all penal laws and other crimes and misde- meanors not touching life or member, to present the same to the court, who are to determine thereof, or else if they shall see cause totransmitt the same to the Go- vernour and Council. Appeals to lie as former- iy. Judgment in one county, how execution to issue in another. ACT XIII. BE it alsoe enacted, That appeales shall lie from county court* to quarter courts and from quarter courts to assembly as formerly hath been vsed, And a judgment being entred in any of the county courts and certified vnder the clerks hand into any other county, execution shall there issue as if judgment had been gi- ven in the same countv. NOVEMBER, 1645— 20th CHARLES 1st. 305 ACT XIV. WHEREAS die former course in awarding 20 in the hundred for default of appearance hatli been found inconvenient, It is thought fitt that the same be re- pealed, and in stead thereof, Be it enacted, That all sheriffs shall take sufficient bayle of all persons arrest- ed, with this condition to bring forth the body of the party arrested or perform the award of the court, And if the sherrirf shall neglect to take sufficient bayle of the party arrested, or otherwise consent to, or because of his escape, Then the said sheriff shall bee liable to pay the award of the court himselfe, But if the party arrested shall not appear to answer the suit, bayle being given, then judgmentshall he awarded against the bayle, And the bayle soe condemned, (if it be required) shall ;hen have an attachment against the estate of the party soe arrested not appeariuge, And the court following judgment therevpon : Allwaies provided that if the said bayle att the next court after the first impleading do bring forth the body or sufficient goods of the party soe arrested to satisfie the award of the court, The bayle shall be then acquitted, And the said comissioners shall be precisely tied to keep the days appointed for their meeting by former act of Assembly, and for no cause to alter the same, But it shall be lawfull for the comissioners to hold courts att other times if occasion require, And it shall be in the power of the Govern- our to appoint and nominate the clerkes of the county courts and their ffees for enteringe of all actions above the value of 1600 lb. of tob'o. or £10 sterl. as alsoe for all other things which before this act belonged to the secretaries office provided they exceed not the ffees formerly allowed by act of Assembly, Former law awarding da mages for Don appear- ance of deft, repealed. SherifVto take bail on arrests or be liable to the judgment of the court. If the deft, fail to ap- pear, judg- ment to be entered against the bail. Bail may have an at tachment against the principal ; or be discharg- ed by surren- dering him at the next court or pro- ducing suffi- cient of his goods. Courts to be punctually held on the days appoint ed. Extra courts Clerks of co'ty courts, how appoint ed. Their fees ACT XV. WHEREAS the anncient and vsual taxing of all General poll people of this collony by the pole, equally, hath been taxes abo- found inconvenient and is become insupportable for S1 LAWS OF VIRGINIA, Tax on pro- perty Si titli- ables. When h how lists of taxa- ble property and lands to be taken. raised by equall proportions out of the visible estates in the collony, The conformity of the proportions to be as followeth, (vizt.) One hundred acres of land at One cow, 3 years old at Horses, mares and geldings at A breeding sheep att A breeding goate at A tithable person at 04 lb. tobacco, 04 32 a peece. 04 02 20 And for the better effectinge thereof, Be it enacted* That b}' the 25th of June next, a list be taken by some to be appointed for that purpose by the county courts in each county of all tithable persons, of all cowes above 3 yeare old, of all horses, mares, and geldings of 3years old and vpwards and of all breedinge sheepe and goats in like manner, and that such lists be taken yearly at the same time (vizt.) the 25th of June and sent vnto the secretaries-office, Likewise that the treasurer shall yearly give in an account to the said office of all the particular parcells of land in each county at the same time of the 25th of June, soe that by this means the quanlitye of land, tithable persons, horses, marcs, geld- ings, cowes, sheepe and goats may be knowne in each county and consequently the total! in the county, which done, and the publique taxe knowne to the Assembly, the abovesaid proportions shall be augmented or dimi- nished as occasion shall require. Writs for- merly issued in the name of the govern- or to issue under (he seal of office. ACT XVI. WHEREAS the Governor's vrgent occasions will not permit him to reside continually at James Citty and that in his absence no writ can issue forth, It is thought fitt and accordinglie enacted, That all writs shall issue out of the office vnder the seale as at this present they do, and since the Governor's goeing the last march have done, Quit rents to be applied first to the ACT XVII. ACCORDING to his ma'ties. gracious bounty to this collony, expressed in his late royal letters, Be it enacted by the Governor, Council and Burgesses. NOVEMBER, 1645— 20th CHARLES 1st, 307 of this present Grand Assembly that all the quitt rents payment of for land due to his majesty in this collony be disposed th f treasuf - as followeth (vizt.) ffirst allowing- to the treasurer for and then to the time being his salary of £. 500 per. ann. as the be disposed revenues shall amount thereto, and then'vvhat shall arise " b /J}\ c gen by surplussage the aceompt thereof to be presented to the Governor and Council and then to be disposed of by the Assembly as they shall think fitt, ACT XVIII. WHEREAS the earnest prosecution of the present The ten men warrs hath subjected this collony to an excessive ofeachcoun- charge wherein all persons whatsoever inhabiting £' e tempted within this colony ought equally to be ingaged in during the respect the preservation of all depends therevpon, and present war. that the warr is conceived to be a defensive warr where- in those of the Council are by his ms'ties instructions equally ingaged with the rest of the collony : Be it there- fore enacted, That those of the Council aforesaid shall noe longer exempt their tenne men a peece from the charge of the said warr but shall equally contribute with the rest of the inhabitants, in all charge expended here- in both for this present yeare and all the time that the said warr shall continue, excepting onely the fourteens alreadie agreed upon in the countys, which they are cleered from, in respect of what is allreadie done there- in cannot be altered orintermedled with without much trouble. • ACT XIX. WHEREAS it is to be desired that all manufactors should be sett on work and encouraged in this col- lony, Be it enacted hereby, That all exportation of hides Si leather be forbidden, vpon penaltie of the for- feiture of double the value of any hides and leather soe exported out of the collony, and the stay of any such vessel or vessels in which any of them shall be found, The halfe of which forfeiture shall be to die king : the other halfe to the informer. Exportation of hides and leather pro- hibited. 309 LAWS OF VIRGINIA Coins intro- duced. Spanish pie- ces of eight rated at 6s. each, and other Spa- nish coin* proportion- ably. Copper coins. Tobacco no longer a cir- culating me- dium. Penalty. Copper, how to be procur- ed. lobs coined in 2d, 3d, 6d &. 9d pieces. If called in and become not current the republic to make it p,ood. Connterfeits, how guarded against. ACT XX. THE Governor, Council and Burgesses of this present Grand Assembly having maturely weighed &. considered how advantageous a quoine current would be to this collony, and the great wants and miseries which do dally happen vnto it by the sole dependency vpon tob'o. have at length resolved and enacted, and be it by the aathoritie aforesaid enacted as the onely way to procure the said quoine and prevent the further miseries, That all peeces of eight in Spanish money be valued and taken in payment, att the rate of sixe shil- lings and all other Spanish silver quoines proportiona- lly which shall be brought into the collony : And where- as it is conceived that the said quoine will not continue with vs vnless we have a leger quoine, Therefore seri- ous consideration had of the many wayes tending to that effect, Itwasat length generally allowed, Thata quoine of copper would be the most beneficial to, and with most ease procured by the collony, And that after proclama- tion made by the Governour and Council that all per- son or persons within this collony whether merchants or others do desist or leave offtradeing for tob'o. vpon the penaltie and forfeiture of the thing so bought or sold, The one moyetie whereof shall be and come to the informer, and the other to the benefit of the state. The quoine to be erected after this manner. J 0000 lb. of copper to be bought by the publique at the rate of 18d. per lb. which amounts to £7 50 sterl. which to be paid in tob'o. at the rate of Id. l-2d. per lb. 120000 of tob'o. which being collected per pole accoun- ting 5000 persons in this collony it comes to 24 lb of tob'o. per pole every pound of copper to make 20s. and to allow for the mintage 12d. per pound soe there will remaine £9500 sterl. The mintage allowed and de- ducted. The stocke to be equallie divided amongst the adventurers to be quoined in two pences. three pen- ces, sixe pences and nine pences, And if it shaH happen at anytime hereafter that the aforesaid quoine be called in and become not currant, Yet the republique shall make good the quantity of so much (vizt.) £, 10000 to he levied per poll, And that it may be provided that this quoine may not be counterfeited and brought in Beside the inflicting of capitall punishment vpon these NOVEMBER, 1645— 20th CHARLES 1st. 309 who shall be found delinquents therein, That vppon Devices, every peece of coyne there be two rings. The one for the motto, The other to reeeave a new impression which shall be stampted yearly with some new ffigure, by one appointed for that purpose in each county, And that the hon'ble. Sir William Berkeley, Kut. Gov r ir. shall have the disposall and placing of such and soe manie officers as shall be necessarilye required for per- ibrming and finishing the aforesaid service, Onely M' nt master Capt. John Upton is hereby confirmed Mint Master » enera Generall: Wee reposing imuch confidence in his care, ability and trust for the performance of the said of- fice. The Assembly is prorogued vntill the ffirst of March Prorogation next, and then a full meeting to be had concerning of nssemb b r - the same. [MARCH, 1645-6— SECOND SESSION.faJ} war- ACT I. WHEREAS it was enacted at a Grand Assembly church bearing date the second of March 1642, concerninge dens to pre the church governmeot, That the church-wardens of s ^' certal " c oitcnccs not every parish respectively should deliver in a true pre- only from sentment in writeing of such misdemeanors as to their their ovvn knowledge have been comitted the yeare before, in b^from'm- that time whilst they were church-wardens, Namely formation of swearing, prophaning God's name and his holy Sab- °thers. baths, abuseing his holy word and comandments, con- temning his holy sacraments or any thing belonging to his service or worship, It is now further enacted by this present Grand Assembly, That the said church wardens [a] The words included thus [ ] have been introduced by the Editor ; because this is evidently a second session of the Grand As- sembly, as appears not only from the prorogation above mentioned, but from the circumstance that several of the acts of this session ^[a the south side of James River, And that the same sa- Fayof offi- iary be allowed to the officers respectively of the flbrt ^ i r ( sofll,e Henry that the officers of the fortes on the north side of the river had and enjoyed the last year by vertueof the 3d act of the 17th of fleb: 1644, with the like pri- viledge to the Capt. to elect his inferior officers, And Surgeon to that the Leu'ts. and dept. Leu'ts. do take care to pro- bc employed. 'ide a sufficient chirurgeon for the said forte. ;u LAWS OF VIRGINIA, Quit vents receivable in tobacco at 3d. per lb. ACT XIV. _ BE it enacted by this present Grand Assembly, That his ma-ties treasurer doe receave the quitt rents in tob'o. at the rate of 3d. per pound. It being conceive od the value of the comoditie at present. Former act compelling physicians k. surgeons to declare on oath the value of their drugs and medicines, revived. courts may allow what is rcasonal ' Penalty on physicians &, syrsrcoris ACT XV. WHEREAS by the 9th act of Assembly held the 21st of October, 1639, consideration being had and taken of the imoderate and excessive rates and prices exacted by practitioners in physick and chyrurgery and the complaints made to the then Assembly of the bad consequence thereof, It so happening through the said intollerable exactions that the hearts of divers mas- ters were hardened rather to suffer their servants to pe- rish for want of fitt meanes and applications then by seeking releife to fall into the hands of griping and avaricious men, It be apprehended by such masters who were more swayed by politick respects then Xpian* du- ty or charity, That it was the moregainfull and saving way to stand to the hazard of their servants then to entertain the certain charge of a physitian or chirurge- on whose demands for the most parte exceed the pur- chase of the patient, It was therefore enacted for the better redress of the like abuses thereafter vntil some litter course should be advised on, for the regulating phisJtians and chirurgeons within the collony, That it should be lawfull and free for any person or persons in such cases where they should conceive the accoH. of the phisitian or chirurgeon to be vnreasonable either for his pains or for his druggs or medicines, to arrest the said phisitian or chirurgeon either to the quarter court or county court where they inhabitt, where the said phisitian should declare vpon oath the true value worth and quantity of his druggs and medicines admi- nistred to or for the vse of the plt.f wherevpon the court where the matter was tryed was to adjudge and al- low to the said phisitian or chirurgeon such satisfacti- on and reward as they in their discretions should think fitt, And it was further ordered that when it should be sufficiently proved in any of the said courts that a phy- sitian or chirurgeon had neglected his patient, or that * Chr t Patient. MARCH, 1645-6— 21st CHARLES 1st. 317 he had refused, being thereunto required, his helpeand neglecting assistance to any person or persons in sicknes or extre- their P*\ tie nt5 mity, That the said phisitian or ehirurgeon should Stance 5 be censured by the said court for such his neglect or refuseall, which said act and every clause therein men- tioned and repeated, this present Grand Assembly to Jurisdiction all intents and purposes doth revive, rattifie, allow and g' ven county confirme with this only exception that the pits, or pa- courts tients shall have their remedie at the county courts re- spective 1 v, vnless in case of appeale. ACT XVI. WHEREAS by a Grand Assembly held the 17th of Feb. 1644, It was then enacted by the consent of Mr. Thos. Hampton, rector of Ja : Citty parish, That the inhabitants of the east side of Archers hope creeke to the head thereof, and downe to Ware- hams ponds, should be a distinct parish of themselves, Bee it now further enacted by the authoritye of this present Grand Assembly, That the said parish be no- minated and called by the name of Harrop parish. , Harrop pa rish esta- blished. ACT XVII. BE it enacted by this present Grand Assembly that the 25th* act of the Grand Assembly held the se- cond of March, 1642. injoyning sufficient and legall de- mands to be made before any suits should be commen- ced, be from henceforth repealed and made void, And in stead thereof be it enacted by the authoritye afore- said that the creditor's oath shall be a sufficient proofe whether or no the debt in question were first demand- ed before the suit commenced. Former act requiring proof of a de- mand before suit brought repealed and the credi- tor's oath sufficient. ACT XVI II. _. „, ., , —. Airange- WHEREAS the Governor, Council and Burgesses men ts for an of this present Grand Assembly have maturely expedition weighed and considered the great and vast expence of jjjjjj}* At ' \'T,iVSn ibis colled LAWS OF V1RGIMA. ^Number of From what counties. Ammuni- tion. &c .'revisions. the collony, in prosecuting the warr against our comon enemies the Indians, and the almost impossibility of a further revenge vpon them, they being dispersed and driven from their townes and habitations, lurking vp h downe the woods in small numbers. And that a peace (if honourably obtained) would conduce to the better being and comoditie of the country, have enacted, and be it therefore enacted by the authority aforesaid, That three-score men be forthwith raised on the north side of James River, well provided with fixed guns, shott baggs and swords, That is'to say, from Henrico 2 men, Charles Citty county 4, James Citty countye 13, Yorke county 16, Warwick county eight, Eliz. Citty county 8, and Northampton county 9 — All which said men shall march vnder and be obedient to the command of Leift. Fra : Poythers in the manageing of any occasi- onall warr, And that vpon all emergent occasions in the treaty for the accomodation of a peace the said Leift. ffrancis Poythers shall follow the advice of Capt. Henry flieet, And that the said Capt Henry Fleet shall according to his vndertakeing and propositions made to the Grand Assembly provide and make rea- die his barque, boat and shallop, victualls and men for the manageing of the said vessellsfor the space of sixe weeks, And three hundred pound of powder and 1200 lb. of shott or bulletts for the said sixty men to be em- ployed in'the service, att his owne proper costs and charges, As alsoe all such nailes, axes, hoes, spades, & other necessaries for the service as occasion shall re- quire, the charge of which shall be borne and defrayed by the publique leavye, And that the said 60 soldiers be raised by the Leift. and deputy Leifts. of the said severail countyes respectively in the several! precincts who are to repaire to their rendevouze at Kickotan on the 20th of Aprill next well appointed as aforesaid, And further be it enacted, That Mr. Cornelius Lloyd and Mr. Antho : Elliot shall forthwith putt in securi- ty (according to the present vndertakeing) to provide and make readie att the tyme aforesaid 2520 lb. of beefe and porke sufficiently salted and packt in caske, and 25201b. of bread or sifted meale and 40 bushellf. of peas in caske or the valewin bread and meale, In con- sideration whereof they shall receive 15000 lb. of to- bacco to be raised by the next publique leavie, out of "rh county or countvs afe thev c ii*U desire. And *hn: MARCH, 1645-6— ^ist CHARLES is.. US Ca jit. Henry Fleet in satisfaction of his charge and dis- bursement. shall receive the sumnieof 15000 lb. of tob'o. to be likewise raysed at the next Lea vie, Provided ali- wayes that in case he do not effect the aforesaid in- tended peace with Oppechankeno or his Indians our enemies, that then he shall beare all such charges and disbursements without any consideration or satisfaction from the publique, And if it shali soe happen that a peace may not or cannot be concluded, that then they the said Fleet and Poythcrs shall erect and biuld a forte in any convenient place in Rappahannock River, or before if they shall soe think fitt, And follow such further instructions as shall be given them, by this Grand Assembly or the Governour and council. ACT XIX, BE it enacted by the Governour, Council and Bur- No merchant gesses of this present Grand Assembly that no mer- * o ° "J™ 1 w,ne chant whatsoever shall retayle wine or strong waters waters with- within the corporation of James Citlye or the Island, inthecorpo- And that no ordnary keeper that shall be licensed for r c * , ' onof " the retayling of wines or other strong liquors do ex- Tavern keep- ceed the rates and prices allreadie sett therevpon, erstobego- or sophisticate the same vpon penalty of such fyne to raTesfaiready be imposed vpon them by the commissioners of ihe established.' county courts respectively as they shall thinke fitt. ACT XX, BE, it enacted by the authoritie aforesaid, That the Former a?i •3th act of the Grand Assembly held the first of March, repea,ed 1643, requireing all lead to be melted and imployed for the making of shott be from henceforth repealed and made void. ACT XXL BE it enacted by this present Grand Aseembly and When levies the authority of the same, That all levies that shall EjSJ?' ,<-'-' ;.. iiii •/-,! sheriffs may accrew due from the publique shall be satisned by distrain, •he la>> of November following, And in case of non- 320 LAWS OF VIRGINIA, No levies to be raised but by a grand ■assemblv. payment that the sherriffs be enabled to make seizure of the tob'o. of the delinquents which in all probability will not be disposed of before that time whereby the publique credit may be better preserved and the cre- ditors fully satisfied in kind : And further it is enacted and confirmed that no leavies be raised within the col- !ony but by a Generall Grand Assembly. ACT XXII. I apt'aihs of iorts press- ing tools &c. to return them to the owners or be liable. BE it enacted by this Grand Assembly, That if any of the Capts. of the severall forts respectively, shall at any time presse any necessary tooles from the in- habitants for the publique service and not returne the same againe, that then they the said Capts. or any of them shall for such default be liable to make the own- ers satisfaction for the tooles soe pressed, vpon com- plaint made to any county court, and that they shall seek their releife from the publique. Salary oi Capt. Morri- son at Point Comfort. ACT XXIII. WHEREAS his matie by vertue of his hignesse writ vnder his signet and signe manuall dated the 4th of October, 1644, hath comanded that some course be taken, for the allowance and confirmation of a sala- ry to Capt. Robert Morrison Leift. of the fort att Poynt Comfort, to be paid out of his ma'ties trcasurie, It is therefore thought fit and accordingly enacted by the Governour, Council and Burgesses of this present Grand Assembly, That the quilt rents and rents by leases now vnreceived for Northampton county from time to time be paid vnto the said Capt Morrison or his assignes during his continuance in the said office, The rents of which said county the said Capt. Morri- son hath accepted as a sufficient recompence for his en- tertainment and salary, And all acco'ts. and orders both for collection and distresse to extend as well to the said Morrison or his agents as well as to the trea- surer, any thing in the 1 7th act of this first sessions o< Xssembly to the contrary notwithstanding- MARCH, 1645-6— 21st CHARLES 1st 323 ACT XXIV. WHEREAS Leift Nicho : Stillwell and others of go ' to Mary- this collony have secretly conveyed themselves to land to de- Maryland or Kent; And divers other ingaged per- mand cer,am •* ' o o r persons WIIO sons likely to follow, if timely prevention be not had had removed therein, Be it therefore enacted, That Capt. Tho : Wil- thither, longliby, Esq. and Capt. Edward Hill be hereby autho- rised to goto Maryland or Kent to demand thereturne of such persons who are allreadie departed from the collony, And to follow such further instructions as shall be given them by the Governour and Council, and that a proclamation do forthwith issue from the Govern- our and Council to prohibitt the further departure of Penalty for any the inhabitants of the collony, Vpon penaltieof se- r^n'the 6 veere censure to be inflicted by the Governour and colony with- Council. out leave ACT XXV. BE it enacted by this present Grand Assembly that pe * n |y rf. P the county of of Vpper NorfT: be from henceforth changed to nominated and called the County of Nansimum. Nansimum J county. WILLIAM BERKELEY. 2 B ATT A BEGUNNE AT JaMES ClTTIE THE 5TH OF OCTOBER, 1646. HT The MS. from which the acts of this session were printed, is now in the library of Congress at Washington. [From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death, it was purchased, with his library, by Thomas Jefferson, Esq. from whom it xvas bor- rowed by Edmund Randolph, Esq.] SIR WILLIAM BERKELEY, Knight Governour &c. Capt. John West Rich. Kempe, Seer. Capt. Wm. Broccas, Capt. Thomar Pettus Capt Tho. W illoughby, ^ Esquire: Capt. Wm. Bernard, :■"," Capt. Hen. Browne, Mr. Richard Bennett, Geo. Ludlowe, J The Burgesses names of the severall countys: r Mr. Ambrose Harmer, Speaker, Mr. Walter Chiles, James Citty county ^ Capt. Robert Shepheardj Mr. George Jordayne, Mr. Thomas Lovinge, Mr. Wm. Barrett. Henrico county Charles Com. Isle Wight ( Capt. Abra. Wood, I Mr. W T m. Cocke. C Mr. Rice Hoe, ( Mr. Dan : Lluellen. ( Mr. Geo : ffawdowne, ( Mr. Ja: Bagnall. OCTOBER, 1646— 21st CHARLES 1st. 323 Elizabeth Citty Yorke Warwicke Lower Norff. Northampton Nansimund* John Robbins, Hen: Ball, Hugh Gwin, Wm. Luddington. Tho. Taylor, Randall Crew, John Walker. Edw. Lloyd, Tho. Meares, Robert Eyres. Edward Douglas, Thomas Johnson. Edward Major, Sam. Stoughton, ACT I. Art. l.f BE it enacted by this Grand Assembly, Treaty of That the articles of peace foil : between the inhabitants P ea<:e with of this collony, and Necotowance King of the Indians anc^kTne of bee duely &; inviolably observed vpon the penaltie the Indians, within mentioned as followeth : Imp. That Necotowance do acknowledge to hold his kingdome from the King's Ma'tie of England, and that his successors be appointed or confirmed by the King's Governours from time to time, And on the other side, This Assembly on the behalfe of the collony, doth, vndertake to protect him or them against any rebellsor other enemies whatsoever, and as an acknowledgment and tribute for such protection, the said Necotowance and his successors are to pay vnto the King's Govern 'r. the number of twenty beaver skins att the goeing away of Geese yearely. Art. 2. That it shall be free for the said Necotow- ance and his people, to inhabit and hunt on the north- He acknow- ledges to hold his kingdom of the king of England. His succes- sors appointed or confirmed by the Go- vernor. Tribute. Indians to dwell on north side o^ York river. * Formerly " Upper Norfolk," and changed to " Nausimum," by the last act of the preceu.ng session. t The articles of this treaty are numbered in the margin in the M8 324 LAWS OF VIRGINIA, The Indians cede to the English all the lands be- tween the falls of James and York ri- vers down- wards to Ke- quotan. Death for an Indian to be seen upon this laud un- less sent as a messenger. Badge of messengers, a striped coat. Felony for an Englishman to be found on the In- dian's hunting ground. Exception. Farther ex- ception. side of Yorke River, without any interruption from the English. Provided that if hereafter, It shall be thought fitt by the Governor and Council to permitt any English to inhabitt from Poropotanke downewards, that first Necotowance be acquainted therewith. Art. 3. That Necotowance and his people leave free that tract of land betweene Yorke river and James river, from the falls of both the rivers to Kequotan, to the English to inhabitt on, and that neither he the said Necotowance nor any Indians do repaire to or make a- ny abode vpon the said tractof land, vponpaineof death, and it shall be lawfull for any person to kill any such Indian, And in case any such Indian or Indians being seen vpon the said tract of land shall make an escape. That the said Necotowance shall vppon demand deli- ver the said Indian or Indians to the Englishmen, vp- on knowledge had of him or them, vnles such Indian or Indians be sent vpon a message from the said Neco- towance. And to the intent to avoid all injury to such a mes- senger, and that no ignorance may be pretended to such as shall offer any outrage, It is thought fitt and hereby enacted, That the badge worne by a messenger, or, in case there shall be more than one, by one of the com- pany, be a coate of striped stuffe which is to be left by the messenger from time to time so often as he shall returne at the places appointed for coming in. Art. 4. And it is further enacted, That in case any English shall repaire contrary to the articles agreed vpon, to the said north side of Yorke river, such per- sons soe offending, being lawfully convicted, be adjudg- ed as felons; Provided that this article shall not extend to such persons who by stresse of weather are forced vpon the said land, Provided alsoe and it is agreed by the said Necotowance, that it may be lawfull for any Englishman to goe over to the said north side haveing occasion to fail timber trees or cut sedge, soe as the said persons have warr't for theyre soe doeing vnder the hand of the Gov. Provided alsoe notwitstandinge any thing in this act to the contrary, That it shall bee free and lawfull for any English whatsoever between this present day and the first of March next to kill and bring away what cattle or hoggs that they can by any OCTOBER, 1646— 21st CHARLES 1st. 325 meanes kill or take vpon the said north side of the said r iver. Art. 5. And it is further enacted that neither for the Limits of said Necotowance nor any of his people, do frequent hunting come in to hunt or make any abode nearer the Eng- &roun lish plantations then the lymits of Yapin the black wa- ter, and from the head of the black water vpon a straite line to the old Monakin Towne, vpon such paine and penaltie as aforesaid. Art. 6. And it is further ordered enacted that if Death for an any English do entertain any Indian or Indians or Englishman doe conceale any Indian or Indians that shall come or concea i a „ within the said limits, such persons being lawfully con- Indian, victed thereof shall sutler death as in case of felony, without benefit of clergy, excepted such as shall be au- thorized thereto by vertue of this act. Art. 7. And it is further enacted thai the said Neco- Badges oi twoance and his people vpon all occasions of message ["^rcceiv-eii to the Gov'r. for trade, doe repaire vnto the ffort Roy- at Fort Roya! all onely on the north side, at which place they arc to for the north receive the aforesaid badges, which shall shew them to Sl e ' be messengers, and therefore to be freed from all inju- Death to kit ry in their passage to the Governor, vpon payne of » messenger death to any person or persons whatsoever that shall j )art „ kill them, the badge being worn by one of the com- pany, And in case of any other affront, the offence to Penalty foi be punished according to the quality thereof, and the ° es ei inj "' trade admitted as aforesaid to the said Necotowance Where trad* and his people with the commander of the said ffort admitted, onely on the north side. Art. 8. And it is further thought fitt and enacted, that Badges, kc. vpon any occasion of message to the Gov 1 !', or trade, to t>er<>ceiT- The said Necotowance and his people the Indians doe Henry for the repair to fforte Hcnery alias Apparnattucke flbrte, or south side, to the house of Capt. John ffloud, and to no other place or places of the south side of the river, att which places the aforesayd badges of striped stuffe are to be and re- maine. Art. 9. And it is further thought fit and enacted, English pri- That Necotowance doe with all convenience bring in ^"'and the English prisoners, And all such negroes and guns guns to be which arc yet remaining either in the possession of delivered up. 32a LAWS OF VIRGINIA, Provision for delivering up Indian ser- vants run- ning' away. Indian chil- dren under 12 years of age may live with the English. Commanders of forts to provide the striped coats. himselle or any Indians, and that here deliver vpon de- mand such Indian servants as have been taken prison- ers and shall hereafter '-un away, In case such Indian or Indians shall be found within the limitts of his do- minions ; provided that such Indian or Indians be vn- der the age of twelve years ai theire running away. Ar(. 10. And it is further enacted d/ consented, That such Indian children as shall or will freely and volun- tarily come in and live with the English, may remain without breach of the articles of peace provided they be not above twelve yeares old. Art. 1 1. And it is further thought fit and enacted That the several commanders of the fibrts and places as aforesaid vnto which the said Indians as aforesaid are admitted to repaire, In case of trade or Message doe forthwith provide the said coats in manner striped as aforesaid. Propriety of forts, and land ad- joining grant- ed to indivi- duals on con- dition of their keep- ing them supplied with men, &c. Grant of fort Henry to Capt. Wood. Conditions. Compensation to a for- ACT II. AND whereas the maintayneing of the fibrts, at least the greater number of them are thought to be of great consequence, In poynt of honour and secu- rity of the collony, and yet of great burthen to the in- habitants to be mainteyned by the publique charge, Be it therefore enacted, That the said fortes with the propriety of a competent quantity of land bee granted to particular undertakers, to be maintayned by the se- verall vndertakers, with a sufficient strength of people, with such priviledges for theire encouragement herein as are hereafter mentioned, Be it therefore enacted, That Capt. Abraham Wood whose service hath been employed att fibrte Henery, be the vndertaker for the said fibrte, vnto whome is granted sixe hundred acres of land for him and his heiresfor ever ; with all houses and edifices belonging to the said fforte, with ail boats and amunition att present belonging to the said fforte, Provided that he the said Capt. Wood do maintayne and keepe ten men constantly vpon the said place for the terme of three yeares, duringe which time he the said Capt. Wood is exempted from all publique taxes for himselfe and the said tenn persons: And whereas Mr. Thomas Pitt hatha former grant for the said land OCTOBER, 1646— 21st CHARLES 1st. 327 whereon the forte is built, As alsoe part of the said merproprie- land hereby granted, it is thought fitt and enacted, lor - That the said Thomas Pitt shall receive a reasonable satisfaction of the countrey for the same. And it is further enacted and granted, That Left. Grant of Fort Thomas Rolfe shall have and enjoy for himselfe J&'stolieut. and his heires for ever flbrt James alias Chickahominy ,os ' ° e fort with fovvre hundred acres of land adjoyning to the same, with all houses and edifices belonging to the said forte and all boats and amunition at present belonging to the scid flbrt ; Provided that he the said Leift. Conditions Rolfe doe keepe and maintaine sixe men vpon the place duringe the terme and time of three yeares, for which tyme he the said Leift. Rolfe for himselfe and the said sixe men are exempted from publique taxes. And it is further enacted. That Capt. Roger Mar- Grant of Fort shall have and enjoy for himselfe and his heires ^"> nl '° for ever the flbrt Royall alias Ricahack flbrt with sixe .\h, f rs h a n eC hundred acres of land adjoyning to the same, with all houses and edifices belonging to the said forte and all boats and amunition belonging to the said ffort ; pro- Conditions. vided that he said Capt, Marshall shall keepe and main- tayne ten men vpon the place during the terme and time of three yeares, during which time he the said Capt. Marshall for himselfe and the said ten men are exempted from publique taxes. And whereas there is no plantablc land adjoyning Uponwhar to ffort Charles, And therefore no encouragement chaTieVmay for any vndertaker to maintaine the same, It is there- be held, fore thought fitt and inacted, That if any person or there bein S J ° , . ^i • i /• r~< ti tt • no arable persons purchaseingthe right ot Lapt. I homas Harris , and ad j oin . shall or will seate or inhabitt on the south side of James ing. River right opposite to the said ffort, soe it be done this or the ensueing yeare, That bee or they so vnder- takeiug as aforesaid shall have and enjoy the houseing belonging to the said flbrt for the vse of timber, or by burning them for the nailes or otherwise, as also shall be exempted from the publique taxes for the terme of three yeares provided that the number exceed not tenn, as also shall have and enj oy the boats and ammu- nition belonging to the said flbrt. 325 LAWS OF VIRGINIA, ACT III. interpreter §? BE it also inactcd that Capt. John ffloud be inter- for the colony, preter for the collony, and that for his service there- in and transporting such Indians as shall be em- ployed from time to tyme to the Gov'r. in message or His salary. otherwise, he to be allowed from the publique the sa- lary of four thousand pounds of tob'o. yeerly. Ministers' salary of 10 lb. of to- bacco per poll ra ay be aug- mented at iha discretion of the vestry. ACT IV. WHEREAS by Act of Assembly, 1642, It was inacted concerning Ministers' duties that every tith- able person within their severall parishes respec- tively should pay vnto their minister tenne pounds of tob'o. per poll : Be it now therefore inacted vpon con- sideration that divers parishes are become very small by reason of the said masacre, and payment by conse- quence according to the aforesaid rate, of non-suffici- ency to support the ministers; That it shall be lawfull for the vestrys of the severall parishes to augment the aforesaid rate of tenne puands of tob'o. per poll to such competency as they in their discretion shall think fitt. Howard for killing wolves, 100 lb. tobac- co each. ACT V. WHEREAS many losses are lately received by the inhabitants bv reason of wolves which do haunt and frequent their plantations ; fTor the better preven- tion and for the destroying of them, It is inacted that what person soever shall after publication hereof kill a wolfe and bring in the head to any comissioner vpon certificate of the said comissioner to the county court he or they shall receive one hundred pounds of tob'o. for soe doeing to bee raysed out of the county where the wolfe is killed. Provisos! 11 grants Ipr seating with- in 3 years to be extended ;s cording to sumons, Be it therefore inacted, That noe 334 LAWS OF VIRGINIA, Penalty on freemen fail- ing to attend elections. How recover- able. election shall be made of any Burgesse or Burgesses but by plurality of voices, and that no hand writing shall be admitted : Be it alsoe further inacted, That what freemen soever, haveing lawful sumons of the time and place for election of Burgesses, that shall not make re- paire accordingly, Such person or persons vnles there be lawfull cause for the absenting himselfe shall for- feit 100 lb. of tob'o. for his non appearance, flreemen being covennt. servants being exempted from the said fine, to be levyed by distresse in case of refusall, And is to be disposed of towards the defraying of the Bur- gesses charges in the county. ACT XXI. Former act BE it also inacted, That the 3d act, 1645, concern- repealed. j n g tne charges and disbursments for hurt men, horses. &tc. be repealed and made void. ACT XXII. Public levies, WHEREAS it was inacted in a'o. 1645, in the 20th when payable. act f t | ie sa j ( j y e er, That the payment of levys should be satisfied by the last of November, It is now thought jitt and inacted, that the said clause be repealed ; And in stead and place thereof that all publique lea- vies be satisfied de futuro at or before the 20th day of November. ACT XXIII. BE it also inacted and confirmed by this present Grand Assembly that no appeale be allowed >f, either to quarter courts or Assemblys, vnlesse the appellant do desire the same, before judgment passed, or imedi- ately at the same sitting of the court, and that in case of appeale no person or persons whatsoever shall be whom payable. conc j emnec i to pa y double or treble damages who do desire by petition or otherwise to be tryed by the county courts or quarter courts where the same is in hearing, but the appellant only being cast to be liable to damages as aforesaid. Appeals, when to be allowed. Damages, when and by OCTOBER, 1646— 2 1st CHARLES 1st. 335 ACT XXIV. WHEREAS it was inacted in the 11th act, 1642, Act esta- That the surveyors of land should demand no more veyors ,g : of sixe mouths old, tsvo laying hens, with convenient apparell both linen and woollen, with hose and shooes, Aud for the better provision of howseing for the said children, It is inacted, That there be two houses built House* to be by the first of April next of forty foot long apeece with hl,ili - good and substantial timber, The houses to be twenty D,mensiou3 - foot broad apeece, eight foot high, in the pitche and a stack of brick chimneys standing in the midst of each house, and that they be lofted with sawne boardes and made with convenient partitions, And it is further None r thought fitt that the comissioners have caution not to poor children take vp any children but from such parents who by to be taken up reason of their poverty are disabled to maintaine aud educate them, Bee it likeivisc agreed. That the Gover- nour hath agreed with the Assembly for the sume of 10000 lb. of tob'o. to be paid him the next crop, to build and finish the said bowses in manner and form before expressed. ACT XXVI1L WHEREAS the necessity of the warr, now happi- Extraordinary ly ended, hath occasioned many charges and imposi- ^expenses tions, which the collony in all Christian duty to their ofthclate war. own safetyesjiave been enforced to vndergo, aud now in honor are obliged to discharge, which they could not possibly effect without this tax at present imposed, which though extraordinary and not in former times to be paraleld, yet it is hoped that with more cheer- fullness it will be entertained and discharged by the inhabitants, In respect of the great blessing of peace that cometh along with it, It is therefore inacted by this Grand Assembly, That the sherr : of the severall countyes respectively do leavy if occasion be by dis- tresse, And make such payments to such persons and for such debts as are herevnder mentioned. ACT XXIX. WHEREAS the inhabitants of Chicawane alias Inhabitants of - . ,, , Chicawane or ^Northumberland being members of this collony nave ^'orthumber- not hitherto contributed towards the charges of die land to pay warr, It is now thought fat that the said inhabi- 2 T taxes in future. 338 LAWS OF VIRGINIA, tants do make payment of the leavy according to such rates as are by this present Grand Assembly assessed, (vizt.) per evrie tithable person 78 lb. of tob'o. For every hundred acres of land 15 lb. of tobacco 3-4, For every cow above 3 yeer old 15 lb. of tobacco 3-4, And that such a person whom the Govemour shall think fitt to appoint shall receive and collect the afore- said levy and give an account thereof to the next As- sembly, then to be disposed of according to further or- der, And it is alsoe inacted that the said inhabitants of Chicawane shall allwaies hereafter be liable to all taxes, and in paying the publique levys with the rest of the inhabitants of this collony, And it is further thought fitt that the present Governour shall have the free dis- posall of what tob'o. shall be received, the certificate being made of the quantity by the commander of the place, and the Governour to be accountable for the On refusal, to same at the next Assembly, And in case the said inha- be called off brants shall refuse or deney payment of the said leavy plantation. as above expressed, That vpon report thereof made to the next Assembly speedy course shall be then taken to call them off the said plantation. WILLIAM BERKELEY. AMBROSE HARMER, Speaker, ATT A HoLDEN ATT JaMES ClTTV THE THIRD OF NoVEM- BER, 1647. [From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was bor- rowed by Edmund Randolph, Esq.] PRESENT Sir WILLIAM BERKELEY, Kn't, Governour, &c. Capt. John West, Rich. Kempe, Seer. Capt. Wm. Broccas, Capt. Thomas Pettus, )► Esquires, Capt. Wm. Bernard, Capt. Hen. Browne, Mr. Geo. Ludlow, The Burgesses names of the severall countys O'The MS. from which the acts of this session were printed, is now in the library of Congress, at Washington James Citty county Charles Citty Elizabeth Citty Yorke County f Capt. Rob't. Hutchinson, j Capt. Bridges Freeman, Capt. Robert Shepheard, Mr. George Jorden, Mr. Wm. Davis, \^Mr. Peter Ridley. C Capt. Edward Hill, ( Capt. Francis Poythers Mr. Anth : Elliot, Mr. John Chandler, Mr. Hen : Poole. Mr. Rich. Lee, Capt. Wm. Tayler, Mr. Fra: Morgan, 340 What deemed sufficient prisons Persons breaking such prisons to be deemed felons; and commis- sioners, coun- ties and she- riffs exonerat- ed. LAWS OF VIRGINIA, Vpper Norff,* VVarw. County Mr. Moore ffantlaroy, Mr. Sam : Stoughton, Mr. Richard Wells. ^ Capt. Thos. fflint, I Mr. Randle Crew. Isle of Wight Lower Norff. Capt. John Vpton, Mr. John George. f Lei ft. John Sidney, J Mr. Hen. Woodhouse, } Mr. Cor. Lloyd, ^ My. Tho. Meeres, Mr. E'd. Scarbrough, North' on County \ , J (Mr. Steph. Charleton, Northumberland — Mr. Wm. Presley. Henrico county — Capt. Tho. Harris. ACT J. WHEREAS divers escapes have been made by- prisoners, and more likely to be, tor want of suffi- cient prisons in the severall countyes, to which the poverty of the countrey and want. of necessaries here will not admitt a possibillitie to erect other then such houses as wee frequently inhabitt, by which meanes much damage hath arisen to the severall sherriffs, co- missioners and counties specially for want of interpre- tation what shall be accompted a sufficient prison and what provision shall be made against prisoners thence escaping ; Be it therefore enacted, That such houses provided for thai purpose shall be accompted suffici- ent prisons as are built according to the forme of Vir- ginia houses, from which noe escape can be made with- out breaking or forcing some part of the prison house, and that all persons so offending whether debtors or others shall be pursued and adjudged and suffer as in case of fellony, and the comissioners and countyes to be freed from any charge or tax to be imposed vpon * This should be Nansinttim, to which Upper Norfolk was changed by the last act passed in March 16-15-6. At the session of Ocrol 1646, Mansimund, and not Upper Norfolk, was represented ; as appears to be the case in the sessions succeeding this. NOVEMBER, 1647— 22d CHARLES 1st. 341 them by any such escape or by neglect of the sherrifis, Prison and that the comissioners may have power to appoint bounds > h ° w such reasonable bounds and limitts for the convenien- cle and accomodation of prisoners in the day time, as by ihem shall be thought reasonable, and all prisoners Prisoner soe transgressine; and exceeding the said bounds to be ureak,n g i i i »■•'*! • i *» *i -ii them to be kepi close and secured in the said prison att the perm kept j nc ; 0SP of the severall sherrifTs. custody. ACT If. WHEREAS certaine occasions of greate and weitrhtie consequence hath been considered by this Adjournment present Grand Assembly which cannot att present biy to Oct bee fully rietermined, as alsoe the inconveniencie of 1648. manie masters of fl'imilies in staying from home at such considerable time of the yeare. Be it enacted by this present Grand Assembly that the Assembly be ad- journed vntil the ffirst day of October next, and that all members of both houses do then give their atten- dance att James Citty without any pretence whatsoe- ver to the contrary, And be it further enjoyned, That the sherriffs of the severall countyes do present vnto the Assembly vpon the sixth day of October, a just &. exact list of all taxable goods, land and tithable per- sons, which lists are to be carefully taken by the cornis- sioners in their severall lymitts or such persons of trust as they shall think fitt to employ, and the last yeares sherrifl's to bring in their accompts of their proceed- ings upon the last yeares levy to the said Assembl\ r vppon the said sixth day of October. ACT HI. ATT A GRAND ASSEMBLY HELD THE THIRD OF NOVEMBER, 1047. Present vt antea. VPON divers informations presented to this As- Ministers re sembly against severall ministers for theire neglects fusing to and refractory refuseing after warning given them ^npr^er to read common prayer or divine service vpon the Sab- 110 t entitird u> 342 LAWS OF VIRGINIA, any tithes or duties from their pa- rishioners- both dayes contrary to the cannons of the church and acts of parliament therein established, for future reme- die hereof : Be it enacted by the GovV. Council and Burgesses of this Grand Assembly, That all minis- ters in their severall cures throughout the collony doe duel} 7 vpon every Sabboth day read such prayers as are appointed and prescribed vnto them by the said booke ofcomon prayer, And be it further enacted as a penaltie to such as have neglected or shall neglect their duty herein. That on parishoner shall be compel- led either by distresse or otherwise to pay any manner of tythes or dutyes to any unconformist as aforesaid. Collectors of public levies to be appoint- ed, and the sheriffs no longer bound to receive them. Names of '■ollectors. ACT IV. WHEREAS by often experience late Assemblies have found Jgreat defaults and defects in receiving and collecting the publique leavies, whither occa- sioned by the vast extent of divers counties or the multitude of other employments of the sherriffs, who have hitherto been intrusted therein, or some other cause in neglect or otherwise, all and in each part equal- lie prejudicial! to the publique, as producing the same or the like effect in bad payments, to the great dishonor and impairing of the publique credit. Vpon mature deliberation to remedie and redresse the like mischeife hereafter, It is enacted, That the burden of collection be taken of thesherriffs as too disproportionate for soe few to vndergo, and that collectors be appointed for receiveing and gathering in of all levyes by this pre- sent Grand Assembly assessed in such bounds and ly- mitts and by such persons as are specified in this act, (vizt :) ffor James Citty County. Capt. Robert Shepheard from Lawnes Creeke to Sun- ken Marsh, including Hogg Island. Mr. Geo. Jorden from Hogg Island to the Vpper Chippoakes. Capt Bridges flreeman for Chickahominy and Sandy Poynte. Mr. Lancelett Elay for the mayne Pohatan and Jame* Citty Island. NOVEMBER, 1647— 22d CHARLES 1st. 343 Mr. Richard fford for Necke of Land to Wareham's Runns. Mr. Peter Ridley for Martin's Hundred and this side of Keth's Creeke. Which said collectors, in their severall lymitts are au- Their power thorized to aske and receive the severall sumes of to- and duty. b'o. by this present Grand Assembly assessed, and in case of non-payment are authorized with the same and Right to dis- the like power of distresse that ever any sheriff had train. or might have had by any act formerly made, And in case of distresse made by any of the said collectors Goods to be they are authorized by the oathes of two men to ap- appraised, praise the goods soe distreyned and to deliver the surplusage, ; f any be, to the owner of the goods, and to be accountable for the other, And it is further en- acted that where any person is defective in the pay- Collector ment of any sume assessed in tob'o. for want whereof may tender the collector makeing distresse as aforesaid, in such framed to case the collector shall give notice to one of the c.redi- public credit- tors of the republique and tender him the distresse, or ' and in case of his refusal!, by the oathe of the collec- tor, the republique to be cleered of the debt, And in case after notice given to such creditor, he shall re- Andif he re- fuse or neglect either by himselfe or his assigne to fl >se, such come at the time or to the place appointed by the col- ,ender de ^ med i i * i -in i • a payment. lector, that in such cases the said collector making tender before sufficient wittnes of the goods distreyned for the vse of the said creditor, it shall be accompted a good and just payment to the creditor from the coun- try : And further be it enacted, That the said collec- Collectors tors in their severall limitts be authorized to inquire to enquire into concealed estates in land, &c. not brought into ' estates, list, and to leavy payment of the same according to the rate of assessment by this Assembly sett downe and ordered, And it is further enacted, That the collectors To deliver of the sev'rall countyes shall give vp theire accompts their books to the com'rs. of the county courts who are to certifie court"" y the same to the next Assembly ; And this act is to con tinue in force vntil the next Assembly and no longer. of Limitation act. 344 LAWS OF VIRGINIA, former act directing 2 acres of com per pol to be planted more strictly en- forced. Constables to present defaults, and names of de- linquents in tending their corn. Penalty on ^unstable for neglect. On commis- - ioners. ACT V. WHEREAS it was enacted att a Grand Assembly bearing dale the second of March, a'o. d'i. 1642, that there should be two acres of come planted for every working hand in the ground throughout the collony either in Indian or English grayne, And for the better execution of the said act, It was then ordered, that all constables within theire severall lymits and precincts should take a view of every man's corne vpon the ground, And where the proportion of two acres should be wanting the constables of the said lymitts were to present their defaults to the com'rs. of the county courts who by the said act were required to make in- quiry thereof; And were ffurther authorized to impose a mulct or fyne of five hundred pounds of tob'o. per acre defective, vpon such person or persons whom they should find delinquents in the premisses ; One halfe whereof should be and come to the constable or anie other informer and the other halfe to publique vses for the good of the county where the offence should be comitted, which said act and every clause therein con- teined is confirmed by this Grand Assembly, And it is further enacted, for the more due execution hereof, by which defect the colionie hath much suffered, That the said constables shall not onely present the defect of acres planted as aforesayd, but shall also present the names of such who shall not sufficiently weed and tend the due proportion enjoyned ; And for the neglect of any constables in not presenting both the planting and sufficient tending thereof, that the comissioners of the county courts doe impose a fine of five hundred pounds of tob'o. vpon each constable soe defaulting, to be disposed of as aforesaid, And in case the comis- sioners do not take a strict care in takeingaccompt of the constables in the execution of this act, that then the said comissioners shall be fined at the discretion of the Gov'r. and Council, or in case any information be brought to the Governour of such neglect in the com'rs. out of court time and proved before him, that then the said comissioners are to be fined att the pleasure of i.he Governour. NOVEMBER, 1647— 22d CHARLES 1st. H ACT VI. BE it enacted by the Governour, Council and Bur- See post pa. sresses, that all 1 awes and acts formerly made and es- 3y8 > 477 - "r ,i. • ] • i r Appeals lron> tabhshed concerning appeales from county courts to cou ' lity to quarter courts and from quarter courts to Assemblies quarter court! be repealed and made void, And that no appeales de a,ul " om • . ciiiiirtcr courts i'uturo be admitted but in such cases and in such man- lo assembly ner as herein is expressed (vizt.) That noe appeals in regulated', any cause of what value soever shall be admitted or | Noa PP ea,s ii -i i • ■ r lor a smaller allowed to any person either plaintii or defend t. from sum than the court where the said action is commenced but that ^'^ ol the judgment of the court shall be binding and con- jejo^erT cludeing to all intents and purposes, provided that the Nor'ampton cause exceed not the value of sixteen hundred pounds ,;ol, " t y except of tob'o. or tenne pound sterl. North'ton countie ex- not to adihit of cepted, which in respect of the remoteness from James any appeal Citty is not to admit of any appeale in any action vn- u " d 7" > 3000 ,b der the valew of three thousand two hundred pounds of jgao sterl. tob'o. or twenty pound sterling: And it is further en- Judgqientof acted, That in case of any appeale above the said va- alwoluMy^ lue as aforesaid to the quarter court, that order orjudg- binding «ith- ment of the quarter court shall be absolutely binding (H " furt "er and concludeing without further appeale therein to be Security for had or claimed, The appellant to putt in security for 50 per cent. 50 per cent, for dam. according to the valew of the dama g es debt, Provided notwithstanding any thing in this act to the contrary, That where the cause in tryail shall be Appeals to of that nature that noe knowne law or president have assemb| y ma y ... . . r . . be allowed to over-ruled the same, in such cnuses the comissioners settle new to have power to referr the same to the hearinge of a points of law, Grand Assembly. In which causes they are to certi- fle the same vnder the teste of their clerke and to cause the parties in tryail to give caution for their appear- K ance at the next ensueing Assembly : This Assembly Or where the doth further likewise declare, That all causes shall '&**"**? , J , . A . .. . ... the court, in have admittance to Assemblies where the justice o. the opinion of any courte may seeme questionable, reserveinge to theassembiyis themselves to be the onely judges in cases of so high q ues,lona c a nature. ACT VII. BE it alsoe enacted for the clearing of all doubts & Jurisdiction controversies, and for the better vnderstanding of ° fr^urti 2 V 643 LAWS OF VIRGINIA IS'or'aropt&n county excepted. Act authoris- ing writs to is9ue under seal of secre- tary's office repealed ; k. writs to issue from that of- fice and be signed by the governor. the 10th act of the 19th of November, a'o. 1645, con- cerning the tryall of all causes of what valew soever att county courts, That noe causes are to receive theire tryall att James Citty vnder the valew of 1600 lb. of tob'o. or tenne pound sterl : or if the parties be inha- bitants of Northampton, vnder the value of three thou- sand two hundred pounds of tob'o: or twenty pound sterl. And it is likewise enacted, That the 16th act of the 19th of November, anno d'i. 1645 authorising all writts for commencement of suits att the quarter court to issue from the secretary's-office vnder the seale, shall be repealed, and that de futuro all writts and war- rants for comencing suits in the quarter courts (which are not to be but in cases above the aforesaid value) are to issue out of the office, and to be signed vnder the hand of the Governour, in which causes noe appeale is to be admitted to the Assembly but with such pro- visoes as in the former act (vizt.) where there is noe knowne law or president over-rulinge the same, in which case the courte to referr to the Assembly with such cautions and lymitations as aforesaid. Poor persons, imprisoned for debt, may be discharged by tendering property to their creditors to be apprais- ed by two men mutually cho- sen for their umpire. ACT VIII. WHEREAS divers informations are presented to this Assembly of the hard vsage of divers poor per- sons by a long and tedious imprisonment of their bo- dyes vpon actions of debt which they are vnable to discharge in kind, though very willing and readie to give a valuable satisfaction to theire creditors, who not- withstanding maliciously and perversly refuse such sa- tisfaction to tSie vtter retine of such poore indigent per- sons, theire wives and children : Bee it therefore enact- ed for the releife of such as are now vnder duresse or destraint or hereafter shall be imprisoned for debt, that where such persons do or shall tender a valuable satisfaction to theire creditors by the appraisement of two honest persons one to be chosen by the creditor and the other by the debtor, such creditor shall be tompelled to accept of the same, as satisfaction for theire debt, And where two apprisors chosen cannot agree, In such cases the two next adjoyning comissi- oners to determine the value of the goods vnder ap- praisement, satisfaction to be given to the creditor where the estate of the debtor remainetb - NOVEMBER, 1647— 22d CHARLES 1st. 34? ACT IX. WHEREAS the great scarcity of come is like to Exportation produce much want and misery to divers of the in- ofjjraiu pro- habitants, vnles timely prevention be made bv pro- ^'^d 011 ..... '- . J \, . . •> I account of nibiting ol exportation ot corne, and against hoarding the great and ingrossinge thereof, to the intent to exact vpon scarcity theire poore neighbours by extream and vnreasonable rates to the vtter vndoing of whole (families : Bee it No person to therefore enacted by this Grand Assembly lhat no per- se " ,,u!ian J c .1 • r ... J r com at a son tor this ensueinge yeer shall exporte any man- higher rate ner of English or Indian graine or corne out of the ly- than 1001b. mitts of the collony, in which act ail strangers as well ? f tobacc# * as inhabitants are included ; And for preventing of all hoarding and ingrossing of corne, It is alsoe enacted, That noe person or persons whatsoever shall sell, bar- g*aine, barter or exchange any Indian corne either di- rectly or indirectly above the rate or valewofone hun- dred pounds of tobacco per barrell, vpon the penalty PeaaJrj of ffive hundred pounds of tob'o. for every barrell of corne that shall be exported as aforesaid, The moyetie of which fine and forfeiture shall be and come to the King's Majestie and the other halfe to the informer. ACT X. VPON the petition of the inhabitants from the coi- South wavfc. Sedge to the Vpper Chipoaks, including the said P|! r ! sh , eSfa " Vpper Chipo ikes, that there might be granted vnto them the priviledge of a parish which they desire may bee called Soutuwark parish, It is accordingly assent- ed unto and enacted, provided they pay and satisfie vn- to the minister of James Citty all customary tithes and dues and all rates and taxes allready assessed and to be assessed for and toward the finishing and repair? ing of the church att k Ja: Citty. ACT XL WHEREAS by the 2d* act of a Grand Assem- Act IV ol % a'o. 1645, It was ordered and established 5«Si2f * \rt TV of tMs«?olIeettO0. LAWS OF VIRGINIA Millers to provide sta- tute weights and scales. Penalty for not grinding, or exacting more than legal toll or not provid- ing weights, k.c. at the dis- cretion of the nearest coun- cillor or com- for reformeing the greate abuse of Millers in exacting excessive and illegal! toll that noe person or persons vseing or occupyinge any mill should take or receive for the grindeing of any graine that should be brought vnto them above the sixth part thereof for tolle, which act hath not taken such effect as was intended thereby in respect (as is conceived) neither penalty was impos- ed therein vpon the offender nor the execution thereof was given in direction to any particular officer, It is therefore thought jitt to in large the said act, and by vertue hereof to require all millers or owners of mills to provide by the flirst of ffebruary next statute weights and scales, by which they are to receive in and deliver out all grayne, And that they do sufficiently grinde tiie sayd grayne soe brought vpon such penalty in case they do exact beyond the said proportion for grindeing, or in case of default of such weights and scales, or (or not sufficient grindeing, as shall be thought ritt according to the discretion of the next adjoyning councellor or corrt'i. Act establish- ing ferries at the expense of county repeal- ed. Co'ty courts may grant leavf: to esta- blish ferries at the instance of individuals, and fix the rate?. ACT XII. WHEREAS the great charge of fferryes in many countyes is very burthensome, especially to some poore people scarce att all makeing vse of the said ffer- ryes, It is thought jitt, that the act enjoyning the "keep- ing ol'fferrves be repealed, And in case any places shall be found necessary to have fferrys kept there, That the county courts shall have power to grant the keeping of the said fferrys for such tyme and terme of yeares, and for such rates and vpon such conditions and to such persons as to them shall seem good and conveni- ent, not charging the county by any leavy for the said fTerrys. Additional places for In- dians to repair to when coin- ing on iiiessa- ACT XIII. IT is thought fit t to condiscend, That Nicotowance or any other Indians comeing vpon messages shall have like leave, as is allreadie by act of Assembly granted for other places, to come in and repair to the houses of Capt. Edward Hill att Westover, and Capt. William Tavler att Chjscake. \OVJvtfBER,lti4'J— -22d CHARLES 1st. 340 ACT XIV. WHEREAS by act of Assembly it was appointed, Further time That such people as were driven off from theire plan- 6f3.y4t> fit was enacted, That there should be no dealing repealed* & ^_____ merchant " Act IV of this collection > Tiii. refers to Art XI. of Oct. i«vt< 352 LAWS OF VIRGINIA. buying- lob'o. to pay the planters for their casks. for caske with tob'o. This Grand Assembly think fit and accordingly do declare, that the said act be ab- solutely repealed, and instead thereof, Bee it enacted, That the merchant or any other dealing lor tobacco and caske do in particular allow the planter satisfaction for his caske. ATT A BEGINNING THE TWELFTH OF OCTOBER, 1648.* ICF The MS. from which the acts of this session were printed, is now in the library of Congress at Washington. [From, a MS. received from Edmund Randolph, Esq which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq, after whose death, it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was bor- rowed by Edmund Randolph, Esq.] Tract 01' land between Rap- pahannock and Potoraack livers called Northumber- land county. ACT I. IT is enacted by the Governour, Council and Bui'- gesses of this Grand Assembly, That the 9th act of Assembly a'o. 1647f for the reduceing of the inha- bitants of Chickcoun and other parts of the Neck of land between Rappahanock River and Potomack River be repealed, and that the said tract of land be hereafter called and knowne by the name of the count}' of Nor- thumberland^ And that from henceforth they have * See act II. of Nov. 1647, by which the assembly was adjourned ( othe 1st of October, 1648. + This is an erroneous reference, as indeed most of the references in the MS. acts are ; no such law as this appearing among the acts of 1647. See act XXIX- of October 1646. % The name of Northumberland first occurred in the lXthacto! February, 1644-5. In November, 1645, it was represented by one member in the General Assembly, as also in November 1647. See fente pa. 294, 299. 837. 338, 340 U« TUBER, 1648— 23d CHARLES In. 353 power of electing Burgesses for the said county to Inhabitants serve att Assemblies vpon lawful sumons from the Go- j^/ e g lect vernour, which they are authorized to dot- by vertue of this act to the next sessions of this Assembly, And it Patents to is- is further thought fitt that patents be granted vnto them Sl »' lor theire lands with such reservations and provisoes &: vpon such certificates of right as is vsuall granted to the planters by vertue of his Majesties instructions or otherwise, And it is further enacted, That the said in- Inhabitants habitants de futuro be rated proportionally in all lea- ,0 be Ia,ed vyes to the rest of the inhabitants of the collony, And biy I ^ti| l °ihe that they make payment of all assessments made by rest of the this Assembly and all arrears due from them, for which colo,1 - v in t ' l< .i ■ i • i-i T-i • rt , ii i payment of their so doemg Capt. i rancis roytliers hath vnderta- taxes, &c. ken to the Assembly who is therefore authorized to collect the same, with power to distreyn in case of refusal! either of the said arrears or of the leavye or- dered ottthis sessions of Assembly. ACT Ii, VPON the humble representation of the Burgesses inhabitants to the Governour and Council of the great and ma >' remove , . • /• ,. /.i • i i v ;1IH ' settle on clamorous necessities ol divers ot the inhabitants occa- t))e nor(h sioned and brought vpon them through the mean pro- side of Cha's. duce of their labours vpon barren and over- wrought f nd wppa- r . /■ i • ii hannock n- grounds and the apparent decay oi their cattle and ver> a f ter tne hoggs for want of sufficient range, which after serious 1st of Sep. consideration they had found and vnanimously agreed 16 9 to be the state of a very considerable number of the in- habitants, and that therefore leave might be forthwith granted vnto them to remove and seate vpon the north side of Charles River and Rappahanock river; The Governour and ( ouncill vpon debate of the matter did condescend to the substance of their desires but for reasons of state to them appearing importing the safe- ty of the people in their seating, did think fitt to re- straine them to a further limitation of time (vizt.) to the first of September next : And for their better as- surance to the intent also that provision might be made by such as intend to remove of arms and amunition &. other accomodations for building and clearing, It was thought fitt that an act should pass at this Assembly and accordingly it is enacted by the Governour, Coun- 2 W 354 LAWS OF VIRGINIA Patents to is- sue in the mean time. Act declar- ing it felony to go to the north side of Charles ri- ver repealed. Proviso as to killing wild cattle or hog?. all and Burgesses, That at the said prefixed day ot' the first ot* September and from that day and not be- fore it shall be free and lawful] for an J of the inhabi- tants to remove themselves and their familys to the a- foresaid north side of Charles River and Rappahanock River; And that in the mean time it shall be free and lawfnll for all persons haveing right to lands to make survey and take out patents for land vpon the said pla- ces : And it is further thought Jitt, That the act or- deining it to be fTelony to goe to the north side of Charles River be repealed and made void : Provided that it shall not be lawfull for any person or persons to kill any wild cattle or hoggs vpon the said north side without licence, first obteined from the Govrnour fc iheire soe doing. i£aci> couut} liable for its proportion of public taxes. Commissrs- may distrain, or take the body of de- linquent in execution. County to be re-assessed to make good insolvencies, but uo insol- vencies to be allowed a- gainst the public. ACT III. WHEREAS' through the default of some par ticular counties in payment of leavies, It hath of- ten happened that the burden of taxes hath been aug- mented to the rest of this collonie who had formerly discharged whatever was due from them, ffor preven- tion of the like grievance hereafter, It is enacted, that every particular county shall be responsible to the pub- lique for all arrers ffor which the sherrifis or collectors have taken bill or have otherwise made debts to the vse of the country ; And that the said bill or other as- surances of debts aforesaid be delivered vp to the co missioners of the county respectively, who are herein' authorized to distreine vpon the debtors, or as they shall find cause to imprison their persons in case of re- fusall or non-payment, As also what the debtor shall be found insolvent, that then the said commiss'rs. doe rate the county per poll, according to custome for the satisfying of the said arrears, And that no arferes to the publique de preterito be allowed, but the persons or counties as aforesaid defaulting be liable thereto. A guard of 10 men al- rowed the ACT IV. VPON consideration had of some treacherous at- tempts threatened by the salvages towards the per- son of the Gov'r. wherevnto he is dayly exposed bv OCTOBER. L648— 23d CHAKLES 1st. reason of their frequent resort to him vpoo pretence gov. fan - of publique negotiations, as also being sensible of the aUed^ecfat* many disarlections to the government from a schisma- tempts upon ticall party, of whose intentions our native country of 1,IS ' ,l< >. l, . v t 111* 1 Jill i'\ US England hath had and yet hath too sad experience, and wn o visit also for many other reasons appearing of weight) re- bimonpre- eard to thi- Assembly, It is thought fitt and enacted, ,e,H . e of "V 1 hat the Govern r. will please to presse ten able men also n m tiie with arms and ainunition competent to attend vponhim tii*j*ffc ion as a guard to his person and to employ them in such ternment services, either in publique or private affaires as he manifested shall think fitt, and that for their salary or wages of by aschisma-. each person there be leavied two thousand pounds of hereandin tobacco, in toto 20000 lb. of tob'o. from the publique England the next year (vizt.) J 049. Th ' ir ACT V. THIS Assembly haveing knowledge that divers Rccilal OJ " " • p ? ... . complaints of persons vpon occasion of a presse ot souldiers by the people, warrant from the Govern'r. or by order from the Gov' , r. that ihe pre.« and council out of a mistake in opinion do conceive "! s , of ? ohl1 their liberties and the lawesof the collonie thereby in- g0 v. &coun- fringed and themselves particularly injured, the au- <;il without thority of an Assembly not concurring therein. It is "£' °? jjfff.?" therefore thought Jitt not by law to establish, but to de- fringement clare the judgment of this Assembly vppon pervsall of «» their li his Ma'ts. comission and instructions that by vertue xhe'assem- of the said com'on and instructions full and ample pow- biy declare er is derived from his Majesty to the Governour and that Sl,rh , ^ .. , j power. s de- Council to make peace or warr, and as a necessary con- n Ve d from sequent to levy or presse men or other provisions for *»« k >ng by the warr vpon any emergent occasion to which power ™ | ,l m ° f - tlie in the comission litterally expressed, we may not pre- & instructi- sume to conceive that any act of Assembly can add ,,ns to thc &°* strength or vigor, but that all his Ma'ts. subjects are in Jhauhey" 1 * 1 loyaltie and in due obedience to his sacred Ma'tie. ob- ought to ob- liged therevnto : And we ought humbly to acknow- know| edge i j i • hi • i /• i • i • • i "is majesty s ledge his Majesties royal care of his subjects in estab- roya i care for lishing such a power wherein are naturally placed so establishing many concernments to the peace and safety of all good such a pow " subjects, many accidents not admitting delay of time nor those slow motions of great counsel Is. ., 356 LAWS OF VIRGINIA, lax on pro- perty abo- lished and taxes on tiih- able persons- only retain- ed.' ACT VI. IT is enacted, That the act of Assembly which or- deined all Jeavyes hereafter to be made should be raised from lands, horses, mares, sheepe, &c. from tithable persons, be hereby repealed and made void, it being onely intended for the better support of the warr and no longer to continue or bee in force, And in stead thereof it is enacted, according to custome heretofore vsed all leavyes be hereafter raised vpon tithable per sons by the poll. Collectors appointed at the last as- sembly hav- ing perform- ed their du- ties with in- tegrity, col- lectors a- gain to be ap- pointed. Power oi distress Collectors of Norampton and E. City. ACT VII. BE it also enacted, That whereas through the great defaults and neglects of sherrifls in the publick collec- tion, the credit and reputation of the collonie hatlj been much blemished, the last Assembly did think fitt to order that collectors in several! limits by them ap- pointed should for that year be authorized for the ga- thering in and collecting the leavy, which this Assem- bly have found, vpon audit of their severall acco'ts. they have performed with great integrity, and to a ve- ry small matter duly discharged (some few excepted.) That there be collectors again appointed by the comis- sioners of the severall counties within such precincts and lymitts as they shall think fitt for the gathering in and receiving of the leavye by this present Grand As- sembly assessed, who are authorized with the same &; the like power to distreine in case of non-payment as any sherriff or sherrifls by vertue of any act of Assem- bly might doe or vsually have done in the like cas«s, Provided that notwithstanding any thing in this act to the contrary, That Mr. Nathaniel Littleton, Esquire, and Mr. Edmond Scarbrough have the power of col- lecting the leavye of Northampton county ; and Mr. Anthony Elliot for Elizabeth county, from whom the Gov'r. is pleased to accept of pay and to discharge the country as well of what is due to himselfe, as also of what is due to Mr. Morrison. WILLIAM BERKELEY. THO : HARWOOP. OCTOBER, 1648-23d CHARLES lsr. 357 ACT VIII. Clerks of IT is enacted and unanimously agreed vpon bit this co '- v C( ' l,rts n 7/1 11 mi T- i ■ » * to produce present brand Assembly, 1 hat each clerke ol courts their acco'ts shall produce his gene'll. acco'ts. to the said court, and to ti>eir re- after their approbation, their dues shall be seized or* by courta^and the collectors by way of distresse in case they deny being appro payment, They pavintr the collectors for receiving ved by the fu • **!♦<•» J . court, may their tobacco at the rate ol tenn pounds per cent. be Strained WILLIAM BERKELEY. THO: HARWOOD. for. ACT IX. IT is enacted further by this present Grand Assem- Adjournment , T m, , . iii i- i i . of the assem- bly, 1 hat the Assembly be adjourned vnto the tenth biytothe day of flebruary next, and the council are all enjoyned Wth of Feb. to be then present to attend there his Majesties service and the affairs of the country. WILLIAM BERKELEY. f-i '■. r.) , "VSflBHu Held at James City the 10th day of October, 1649.* Tbe MS. from which the acts of this session were printed. is now in the library of Congress, at Washing- ton [From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, ivho transmitted it to his soji Peyton Randolph, Esq. after whose death, it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was bor- rowed by Edmund Randolph. Esq.~\ The Bnrc:esses names: James County | Mr. Walter Chiles | Mr. Thomas Swan. J Mr. Wm. Barret, \ Mr. Geo : Read, | Mr. Wm. Whittaker. l^Mr. John Dunston. * Charles the 1st was beheaded on the 30th of January, 1649. From that period, the commonwealth, in England, commenced ; and it continued, under different modifications, till the restoration of Charles the 2d in 1660. — Oliver Cromwell was declared Protec- tor, on the 9th of January, 1654, and died, on the 13lli o: Septem- ber, 1658. — His son Richard was nominated, by him, as his succes- sor, and assumed the reins of government accordingly ; but resign- ed them in 1659. — On the dissolution of the monarchy, in England, doubts existed, in this country, whether the powers of the governor and council, and of all the other officers of government deriving their appointments from them, were not extinct. — This, unquestionably, gave rise to one of the provisions of the first act of this session ; which made it highly penal to maintain such doctrine. The princi- ple was, however, solemnly recognized, by the first article of the invention entered into between the commissioners of the parlia- ment of England, and the governor, council and burgesses of Vir- ginia, on the 12th of March, 1651, "That the former government, ' by the commission and instructions was void and null." — It is ob- servable, that the names of the governor and members of the coun- cil, are not prefixed to the acts of this session, as had been usual, in all the preceding ones ; and the same rule obtained till the March session 1659-60. During Ihe suspension of the regal go- vernment, in England, the governor and council of Virginia were • Tiocei by the hot»*e of burgesses, for short period*, nnlv Sntnp-> OCTOBER, l«49— 1st OF COMMONWEALTH. j59 Hpnrico — Mr. Wm. Hatcher. r\ 1 r\,*„ S Capt. Edward Hill, Charles Cittv 1 AI r . ' ( Air. diaries Sparrow. ( Capt. Thos. Harwood, Warvv. Count)- 2 Speaker, ( Mr. John Walker. Isle of Wiffht 5 Mr ' Gem '£ e Handy, We or wi nt J M| . RobmPltt Nansimum S Mr I Mr Mr. Jo. Carter, Toby Smith. L ,,. I ,i .,-,,• S Le\ t. ^V m. \\ orheh. Elizabeth Critic < AT r „ , . . ( Air. Jo. Kobbms. r tvt ,-.- ( Mr. Bartho. Hoskin?. Lower INortl ' ^ T Mr. Iho. Lambert. Y , S Capt. Ralph Wormelj , < Mr. Rowland Burnham. v t , , i S Capt. Francis Portlier.-. ^Northumberland ■ nf r T rr i n (. Mr. Jo. rrasseH. ACT I. WHEREAS divers out of ignorance, others out of Recital malice, schisrae and faction, in pursuance of some thet V 1 "!' . . ' . . . ' 1 conviction & designe ot innovation, may be presumed to pre- death of u> pare mens' minds and inclinations to entertaine a good late kin g 1. 1 . /* i* • i ■ i i • i l* diaries l^t. ikemg ol their contrivement, by casting oleinishes ot and of t!i ;„ dishonour vpon the late most excellent and now vn- treasonable doubtedly sainted king, and to those close ends vindi- principles L eating &. attesting the late proceedings against the said t ne republi- blessed King (though by so much as they may seeme cans, h» as- tro have colour of law, and forme of justice, they may persinghis be truly and really said to have the more and greater height of impudence.) And vpon this foundation of as- tiraes the appointment was made by a resolution of the burgesses ; at others, the governor was appointed by an act of assembly ; and not unfrequcntly a collision took place between the governor and house of burgesses, as to the limitation of his power, which always terminated in favor of the rights and privileges ot the house. lution of the burgesses of April 30th, 1652 — March, 1655 — March 1657 — March, 1658 — March, 1659. It appears, from the proceedings of the assembly of the 1st of April, 1658, that the go- vernor and council undertook to dissolve the house of burgesses; but they peremptorily refused to be dissolved, and passed a number of resolutions declaratory of their own power, and denying tb< ris;ht of the ffovernor and council to dissolve them. 360 LAWS OF VIRGINIA, and denying' the divine right of kings ; in as- serting that the commis- sion and all magistracy depending thereon is null and void To defend the late pro- ceedings a- gainst the king, by rea- soning, dis- course or ar- gument, makes the person guilty an accessory after the act, to the death of the king. "J'o asperse his memory, punishable at the discreti- on of the s;ov. and council. To doubt the right of suc- cession of Charles 2d, high treason. serting the cleerness and legality of the said vnparalel'd treasons, perpetrated on the said King, doe build hopes and mferrences to the high dishonour of the regali es- tate, and in truth to the vtter disinherison of his sacred Majesty that now is, and the devesting him of those rights, which the law of nature and nations and the knowne lawes of the kingdom of England have adjudg- ed inherent to his royall line, and the law of God him- selfe (if sacred writ may he soe stiied which this age doth loudly call in question) hath consecrated vnto him. And as arguments easily and naturally deduced from the aforesaid cursed and destructive principles, with much indeavour, they press and perswade the power of the comission to be void &s null, and all magistracy and office thereon depending to have lost their vigor and efficacy, but such means assuredly expecting advanta- ges for the accomplishment of their lawless and tyrra- nous intentions, Be it therefore declared and enacted and it is hereby enacted by Governour, Council and Burgesses of this Grand Assembly , and the authority of the samefTh&t what person soever, whether stranger or inhabitant of this collony, after the date of this act, by reasoning, discourse or argument shall go about to defend or maintain the late traiterous proceedings against the aforesaid King of most happy memory, vnder any notion of law and justice, such person vsing reasoning, discourse or argu- ment, or vttering any words or speeches to such pur- pose or effect, and being proved by competent witnes, shall be adjudged an accessory post factum, to the death of the aforesaid King, and shall be proceeded against for the same,according to the knowne lawes of England; or whoever shall go about by irreverent or scandalous words or language to blast the memory and honour of that late most pious King, (deserving ever altars and monuments in the hearts of all good men,) shall, vpon conviction, suffer such censure and punishment as shall be thought fitt by the Governour and Council. And be it further enacted, That what person soever shall by- words or speeches indeavour to insinuate any doubt, scruple or question of or concerning the vndoubted &r. inherent right of his Majesty that now is to the collo- ny of Virginia, and all other his majesties dominions and conntryes as Kiner and Supream Governour, Such OCTOBER, 1649— 1st OF COMMONWEALTH. 361 words and speeches shall be adjudged high treason : Jlnd it is also enacted, That what person soever, by To propose a false reports and malicious rumors shall spread abroad, dia,, » eof S°- r i j vernment, or among the people, any thing tending to change ol go- to doubt the vernment, or to the lessening of the power and autho- P ower of < h e rity of the Governor or government either in civil! or foveTnTnentf ecclesiasticall causes (which this Assembly hath and equally high doth declare to be full and plenario to all intents and trea - son purposes) such persons not onelv the authors of such reports and rumours, but the reporters and divulgers thereof, (vnless it be done by way of legail information before a magistrate) shall be adjudged equally guilty, and shall sutler such punishment even to severity as shall be thought fitt, according to the nature and qua- lity of the offence. ACT II. WHEREAS it appeareth to severall Grand Assem- blies that the lists of tithable persons are verv imper- Who to be . . , i-i i !• listed as nth lect, and that notwithstandinge the yearly importation ables of people into the collonie, the number of tithables in the said lists is rather diminished then augmented, which is in great part conceived, by this Assembly, to happen, in that all vnder the age of sixteen yeeres are exempted from the lists, and that once passing vnder that age they are seldom or never acknowledged to exceed the same, in respect of the impossibility of, or at least vnlikelyhood of produceinge conviuceing proofes against them : Bee it therefore enacted, for the preventing of the like abuse hereafter through false & All maIe sei imperfect lists. That all male servants imported here- vantsofwhat- after into the collony of what age soever they be. shall ^"Smen o*r be brought into the lists and shall be liable to pay coun- natives under try leavyes, excepting in this act such as are natives of ™ years of this collony and such as are imported free, either by agc ' theire parents or otherwise, who are exempted from leavies, being vnder the said age of sixteen years. And it is further enacted, That the lists be yearly ta- When the lists ken by the 25th of June at the furthest, and presented ^J^™ to the county courts, and that the pellicular lists be to conceal given in vnder the hand of the masters of the severall tithable?. families, who are to pay trebble assessments for every 2X 362 LAWS OF VIRGINIA, person they give in short of theire due number, and the ministers are to have tithes of all such as are now ad- judged tithable. What inhabi- tants included in the county of Northum- berland, ACT III. IT is enacted, That the inhabitants which are or shall be seated on the south side of the Petomecke* River shall be included and are hereafter to be accomp- ted within the county of Northumberland. Weekly mar- kets establish- ed in Jas. City. Boundaries. Bonds, bills, &c. executed within those bounds, on market days, to have the force of ajudg- meut. Any com : r. of quorum may issue execution thereon. Clerk of the market, bow appointed. His fees. and duties. ACT IV. IT is also enacted and it is hereby granted vnto Jame-J Citty the priviledge of a weekly markett, to be hoi- den vpon every Wednesday and Saturday, and that the market place be bounded (vizt.) from the Sandy Gutt, comonly called and knowne by the name of Peter Knight's storehouse westward, and soe to the gutt next beyond the house of Lancelott Elay eastward, and bounded on the north side with the back river : And that all bonds, bills or other writings vpon any bar- gaine made within the aforesaid bounds of the markett place for any thing sold in the market and vpon the markett days, between the hours of eight in the fore- noon and six in the afternoon, being attested vnder the hand of the clerke of the market, shall have the force and be in quality of judgment, and vpon non-payment of the summe in such bill, bond or writeing, according to the tenor of them being attested by the aforesaid clerke, It shall be lawfull for any coinissiuner of the quorum, within the county vpon the demand of the creditor forthwith to grant execution as in case of a judgement preceding. The said clerke of the markett to be appointed by the governour, and his flee or sa- lary to be four pound of tob'o. for every bond, bill or writeing by him attested in case the same be above 300 lb. of tob'o : but in case the summe be vnder 300 lb. of tobacco then to have 1 lb. of tob'o. for every bill, bond or other writinge by him attested, And the said clerke of the markett to record such writeing in a book for that purpose to be kept. ■ •'■ Potomack," originally called. [The following important State Papers, being next in order of time to the Acts of 1649, are inserted in this place. In the MS. they are arranged among the Re- vised Acts of 1657 ; the two first not numbered, but the last marked as Act 86. See also Jefferson's Notes on Virginia, Query XIII, pa. 119 of 1st edit, pa. 214 of last edit, where the first and third of these papers may be found.] AT THE SURRENDER OF THE COUNTRIE. Articles agreed on and concluded at James Cittie in Vir- Treaty be- giniafor the surrendering and settling of that plan- tween the tationvnder the obedience and goverment of the Com- Common - mon Wealth of England, by the commissioners of j a „d a n d th "* the Councill of State, by authoritie of the Parliament colony of Vir of England and by the Grand Assembly of the Gover- & ,nia nour, Councill and Burgesses of that countrey. FIRST, It is agreed and cons^ed that the planta- tion of Virginia, and all the inhabitants thereof, shall be and remaine in due obedience and subjection to the common wealth of England, according to the lawes there established, And that this submission and sub- scription bee acknowledged a voluntary act not forced nor constrained by a conquest vpon the counirey, And that they shall have and enioy such freedomes and pri- viledgesas belong to the free borne people of England, and that the former government by the comissions and instructions be void and null. 2dly. Secondly, that the Grand Assembly as former- ly shall convene and transact the affairs of Virginia, wherein nothing is to be acted or done contrarie to the government of the common wealth of England and the lawes there established. iidly. That there shall be a full and totall remission and indempnitie of all acts, words or wfiteings done or spoken against the parliament of England in relation to the same. 364 LAWS OF VIRGINIA, 4thly. That Virginia shall have and enioy the anti- ent bounds and lymitts granted by the charters of the former Kings, And that we shall seek a new charter from the parliament to that purpose against any that have inlreneht vpon the rights thereof. 5thlv. That all the pattents of land granted vnder the collony seale, by any of the precedent Governours shall be and remaiue in their full force and strength. fithly. That the priviledge of haveing ffiftic acres ot land for every person transported in the collony shall continue as formerly granted. Tthly. That the people of Virginia have free trade as the people of England do enjoy to all places and with all nations according to the lawes of that common- wealth, And that Virginia shall enjoy all priviledges equall with any English plantations in America. Sthly. That Virginia shall be free from all taxes, ens- tomes and impositions whatsoever, and none to be im- posed on them without consent of the Grand Assem- bly, And soe that neither ffortes nor castles bee erect- ed or garrisons maintained without their consent. Othly. That noe charge shall be required from this country in respect of this present ffieet. lOthly. That for the future settlement of the coun- trey in their due obedience, the engagement shall be tendred to all the inhabitants according to act of parli- ament made to that purpose, that all persons who shall refuse to subscribe the said engagement, shall have a yeares time if they please to remove themselves, and their estates out of Virginia, and in the mean time dur- ing th.e said yeare to have equall justice as formerly. 1 lthly. That the vse of the booke of common pray- er shall be permitted for one yeare ensueinge with re- ference to the consent of the major part of the parish- es, Provided that those things which relate to kingshipp or that government be not vsed publiquely ; and the continuance of ministers in their places, they notmisde- meaning themselves : And the payment of their accus- tomed dues and agreements made with them respec- tively shall be left as they now stand dureing this en sueing yeare. MARCH, 1651-2— 2d OF COMMONWEALTH, oQ5 12thly. That no man's cattell shall be questioned as the companies vnles such as have been entrusted with them or have disposed of them without order. 13thly. That all amunition, powder and arms, other then for private vse shall be delivered vp, securitie be- ing given to make satisfaction for it. 14thly. That all goods allreadie brought hither by the Dutch or others which are now on shoar shall be free from surprizall. 15thly. That the quittrents granted vnto vs by the late Kinge for seaven yeares bee confirmed. 16thly. That the comissioners for the parliament subscribing these articles engage themselves and the honour of the parliament for the full performance there- of: And that the present Governour and the Councill and the Burgesses do likewise subscribe and engage the whole collony on their parts. RICH : BENNETT, Seale. Wra. CLAIBORNE, Seale. EDMOND CURTIS, Seale. Theise articles were signed and sealed by the com- missionors of the Councill of State for the Common- Wealth of England, the twelveth day of March, 1651. Articles for the surrendring Virginia to the subjection Additional of the Parliament of the Common wealth of England, treat y> **- agreed vppon by the honourable the Comissioners for Common^ the Parliament and the hon'ble. the Governour and wealth of F.n- Councill of State. e land > and the J colony of FIRST, That neither Governour nor councill shall Vir &"" a be obliged to take any oath or engagement to the Common-Wealth of England for one whole yeare, And that neither Governour nor Councill be censured for praying for or speaking well of the King for one whole yeare in their private houses or neighbouring confer- ence. 2dly. That there be one sent home at the present Governour'a choice to give an acrompt to his Ma'tie of 366 LAWS OF VIRGINIA. the surrender of his countrey, the present Governour bearing his charges, that is Sr. William Berkley. 3dly. That the present Governour, that is Sr. Willi- am Berkeley and the Council 1 shall have leave to sell and dispose of their estates, and to transporte them- selves whether they please. 4thly. That the Governour and Council though they take not the engagement for one whole yeare shall yet have equall and free justice in all courts of Virginia vntill the expiration of one whole yeare. 5thly. That all the Governour's and Councill's land and houses, and whatsoever belongeth to them bee per- ticularly secured and provided for in these articles. 6thly. That all debts of the Governour's by act of Assembly, and all debts due to officers made by the Assembly bee perfectly made good to them, And that the Governour be paid out of the goods remaining in the countrey of the Dutch ship that went away cleer for Holland without paying his customs. 7thly. That the Governour may have free leave to hire a shipp for England or Holland to carrie away the Governour's goods, and the Councill's, and what he or they have to transporte for Holland or England with- out any lett or any molestation of any of the State's shipps attsea or in their rivers or elsewhere by any of the shipps in the common wealth of England whatsoever. 8thly. That the Capt of the flbrte be allowed satis- faction for the building of his house in fforte Island. 9thly. That all persons that are now in this collonie of what quality or condition soever that have served the King here or in England shall be free from all dan- gers, punishment or niulkt whatsoever, here or else- where, and this art'e. as all other articles bee in as cleer termes as the learned in the law of arms can ex- press. lOthly. That the same instant that the comissions are resigned an act of indempnitie and oblivion be issued out vnder the hands and seales of the comissioners for ♦he parliament. And that noe persons in any courte of MARCH, 1U51-2— 2d OF COMMONWEALTH. S8t justice in Virginia be questioned for their opinions given in any causes determined by them. 1 lthly. That the Govemour and Councill shall have their passes to go away from hence in anie shipps in any time within a year: And in case they goe for Lon- don or other place in England that they or anie of them shall bee free from anie trouble or hindrance of arrests or such like in England, and that they may follow their occasions for the space of six monthes after their arri- vall. RICH : BENNETT, Scale. Wm. CLAIBORNE, Scale. EDMOND CURTIS, Seale. Theise articles were signed, sealed, sworne vnto by vs the commissioners for the parliament of the com- mon wealth of England, the 12th of March, 1651. -An Act of Indemqnitie made aii the Surrender of the Countrey. WHEREAS by the authorise of the parliament of de ^ jj England, wee the comissioners appointed by the concluding Councill of State authorized thereto having brought a the treaty, fleete and force before James Cittie in Virginia to re- duce that collonie vnder the obedience of the common- wealth of England, and finding force raised by the Governour and countrey to make opposition against the said ffleet, whereby assured danger appearinge of the mine and destruction of the plantation, for pre- vention whereof the Burgesses of all the severall plan- tations being called to advise and assist therein, vppon long and serious debate, and in sad contemplation of the greate miseries and certaine destruction, which were soe neerly hovering over this whole countrey ; Wee the said comissioners have thought fitt and con- descended and granted to signe and confirme vnder our hands, seales and by our oath, Articles bearinge date with theise presents, And do further declare, That by the authorise of the parliament and comon- This paper is numbered " Act 86," in the rcvisal of 1657. 368 LAWS OF VIRGINIA, wealth of England derived vnto vs theire comission- ers, That according to the articles in gennerall, Wee have granted an act of indempnitie and oblivion to all the inhabitants of this colloney, from all words, action? or writings that have been spoken, acted or writt against the parliament or comon wealth of England or any other person from the beginning of the world to this daye, And this we have done, That all the inhabitants of the collonie may live quietly and securely vnder the comon- wealth of England, And wee do promise that the parliament and common-wealth of England shall confirme and make good all those transactions of ours, Wittnes our hands and seales this 12th day of March. 1651. RICHARD BENNETT, Seale. Wm. CLAIBORNE, Seale. EDM. CURTIS. Seale. 369 HE .NAMES G*' THE SEVERALL BURGESSES RETURNED BV THE SHERRIFF TO THIS .d^riTZ tfe 2GM, 1652.* [From a. MS. f received from Edmund Randolph, Esq. SfchSehS! which was once the property of Sir John Randolph, of this session wAo transmitted it to his son Peyton Randolph, Esq. were P«»ted, o/ifer whose death, it was purchased, with his library, library of Con- by Thomas Jefferson, Esq. from whom it was borrow- gress,at Wash- ed by Edmund Randolph, Esq.] in & ton For Henrico County — Mr. Win. Hatchet*. i -L i n-~ r> S Coll. Edward Hill, Charles Citty Counlv < ^ T , n J J ( Capt. John Jiusnopp. * This was the first assembly held in Virginia, after the conven- tion made between the commissioners of the parliament of England, and the burgesses of the several counties and plantations in Virgi- nia. It will readily he perceived, that the mode of doing business, in the assembly, during the period of the commonwealth, materially differed from that adopted for a series of years before. This, no doubt, arose from the unsettled state of the government, and the want of a due separation of its powers. The house of burgesses exercised legislative, executive aud judicial functions. The Governor was appointed by them, sometimes for one year, sometimes for two ; — the members of council were either chosen by the burgesses, in the first instance, or approved by them on the nomination of the governor; and they had the appointment of all the officers of go- vernment There were no constitutional limits to the several depart- ments of the government. The house of burgesses being in posses- iiii of all power, granted it out as they thought proper, and re- sumed it at pleasure. After exercising, in effect, the power of ap- pointment to all offices, since the abolition ot the monarchy, in England, they solemnly declared, "that they had in themselves, the full power of the election and appointment of all officers in thi- country." (See the resolution of the house of burgesses of the ls< of April, 1668, in their contest with the governor, as to his right to lw the assembly, p. 502) And by the 1st act of March the 30th, 1669, intituled " An act for takeing the power in in tin assemblies hatuUf" they declare that " the ■uprcame power of the government of this country, shall be resident in the assembly." t In compiling tl><- actt <>l this, and a few sim< .-.diii'; assembln -v the foregoing M s will be generally used , but, ia some fen in I Y 370 LAWS OF VIRGINIA, James Citty County Northampton County Northumberland County I Isle of Wight County Nanzemund* County Lower Norff. County Elizabeth Citty County Warwick Riverf County York Countv f Mr. Robert Wetherall. j Lt. Coll. John Fludd, Mr. Hen. Soane, Capt. Da: Mansill, Mr. Geo : Stephens, Mr. Wm. Whittakers. Mr. Robert Pitt , Mr. George Hardie. \ Mr. John George, ! ^Mr. John Moone. ^ Capt. Tho. Due, \ Mr. Ed. Major, Speaker. f Mr. Cor. Lloyd, ' Mr. Tho. Lambert, \ Mr. Hen. Woodhouse, ^Mr. Charles Burrowes. C Mr. Peter Ransom, I Mr. John Sheppard. Lt. Coll. Sam : Mathews, Mr. Wm. Whittbye. CCapt. Fra : Morgan, ^Mr. Hen. Lee, (Capt. Austin Warner. fMajor Obeb Robins. | Mr. Edm. Scarbrough. <( Mr. Thos. Johnson, Mr. Wm. Jones, Mr. Antho. Hoskins. \ Mr. Jno. Mottram, ) Mr. Gho. Fletcher. u stances, selections will be made from two other MSS. embracing the same period : — one is a manuscript volume purchased by Mr Jefferson from the executor of Richard Bland, dee'd, and will be dis- tinguished by the following initials, Bl. MS. — the other is a ma- nuscript in Mr. Jefferson's own hand- writing, and will be noted thus Jef. MS. — the manuscript generally used will be called Rand MS. Originally called '• Mansimum." See ante pa. 321. fhis Nhonld bo ; - Warwick County.' See ante pa. 24f». APRIL, 1652— 3d OF COMMONWEALTH, .r>\ Glocester County* | JJr. ^n$£* Lancaster County* — The oath administred to the Burgesses : YOU and every of you shall swear vpon the holy 0ath °' Bur Evangelist, and in the sight of God to deliver your gess opinions faithfully and honestly, according to your best vnderstanding and conscience, for the general! good and prosperitie of this country and every perti- cular member thereof, and to do your vtmost endeavor to prosecute that without mingling with it any perticu- lar interest of any person or persons whatsoever. JOHN CORKER, CI. Dom. Com AT THE Jamf.s Cttty. the 30th Apru.l, 1652. AFTER long and serious debate and advice taken for the settleing and governing of Virginia, It was vnanimously voted and concluded, by the commis- sioners appointed here by authority of parliament and by all the Burgesses of theseverall countysand planta- tions respectively, vntill the further pleasures of the states be knowne : That Mr. Richard Bennett, Esq. be Governour for this ensuinge yeare, or vntill the next meeting of the Assembly, with all the just powers and authorities thatmay belong to that place lawfully : And likewise that Collo. William Clayborne be Secretarie of State, with all belonging to that office, and is to be next in place to the Governour, next that the Councill of State be as followeth, (vizt.) Capt. John West, Coll. Sam. Mathewes, Coll. Nathaniel Littleton, Coll. Ar- Provisional government of Virginia till the plea- sure of parli- ament be known. Gov. chosen, for one year Secretary of state Council of State. I his is the first time the names of Gloucester and Lancaster omitics occur When or how thev were formed, does not appear :)V2 LAWS OF VIRGINIA, Their powers, to be prescrib- ed by the par- liament in England, the known laws of England, and the grand as- sembly of Vir- ginia goll Yearly, Coll. Tho. Pettus, Coll. Humph. Higgi- son, Coll. George Ludlow ; Coll. Wm. Barnett, Capt. Bridges (freeman, Capt. Tho. Harvvood, Major Win. Taylor, Capt. (Francis Epps and Leiv'tt. Coll. John Cheesman, and they shall have power to execute and do right and equall justice to all the people and inha- bitants of this collony according to such instructions as they have or shall receive from the Parliament of Eng- land and according to the knowne lawe of England : And the acts of Assembly here established ; And the said Governour, Secretary and Council of State are to have such power and authorities and to act from time to time, as by the Grand Assembly shall be appointed and granted to their severall places respectively for the time abovesaid : of which all the people which inhabitt or be in this country are hereby required to take notice and accordingly conforme themselves therevnto. God save the Common-Wealth of England and this coun- trey of Virginia. (Rand. MS. Jef. MS.) Comm'rs. of counties cho- sen by the house of bur- gesso? Election ol all ofliccrs to be made by ihe burgesses. Present c!o< - lion to be by governor and comm'rs, but not to be drawn into precedent. May 2d, 1652 * 1T is resolved, That the commissioners of the severall counties be chosen by the House with this proviso. That if any just complaint be proved against any cho- sen they shall be suspended the next session of As- semblv. May 5th, 1652. IT is agreed and thought best for the government of this country by the Governor, Council and Burgesses that the right of election of all officers of this colony be and appertain to the Burgesses the representee of the people, and it is further agreed for the present by the Burgesses in remonstrance of the confidence that they have in the said comm'rs. that the present electi- on of all officers not already constituted be referred to the said Governor and commissioners and that this their election be not precidental to anv succeeding Assembly. (Jef. MS.) * Jef MS. — This clause is inserted in Rand. MS. also, but with- out date, except that it follows the oath directed to be taken by die burgesses, at the session commencing the 26th of April, 1652 : The -abject matter seems more properly to point out this place for its insertion APRIL, 1652— 3d OF COMMONWEALTH. 37J May 6th, 1652. WHETHER the Governour and Council shall be Governor & members of this Assembly or no: Generally voted council to be they shall be, taking the oath the Burgesses take. assembly. (Rand. MS. Jef. MS.) The names of the Burgesses for the severall Plantations, November the 25th, 1652. Henrico County — Capt. Wm. Harris. fCapt. Hen. Perry, | Capt. Dan. Llewellin, -^ Major Abraham Woode, Capt. Woodlife, Capt. Charles Sparrow. Charles Cittie James Cittie « fMr. Rob. WetheraH. J Mr. Wm. Whittaker, Mr. Abra. Wattson, ^Mr. Hen. Soane. Mr.Wm. Thomas, Mr.Wm. Edwards, Mr.Geo. Stephens. Isle of Wight County — Mr. Charles Reynolds. Surry County' Warwick County Nansemund County Lower Norft*. Elizabeth Cittv York County < Lev'tt. Coll. Mathews, \ Mr. Wm. Whittby. CColl.Tho.Dew.Speaker, \ Mr. Peter Montague. Left. Coll. Cor. Lloyd, Major Thomas Lambert, Mr. Charles Burrowes. $ Mr. Peter Ransome, I Mr. Theo. Hone. i Capt. Step. Gill, ? Mr. Wm Gouge, ( Major X'pherCalthropc * This is the first time the name of Surry county occur.-. .i74 LAWS OF VIRGINIA Ocquhan- ocke parish established. Gloster County Northampton County Lancaster County anca IN the difference between Mr. Peter Hanson, pit. and John Hewettand Win. Holder, defend'ts. It is or- dered by this Grand Assembly that Mr. Peter Ran- son's pattent shall stand good for 11 00 acres of land in Mock-Jack bay, And that Hewett and Holder be outed and decline the possession till it be made appeare void by some that shall make better right appeare, It now appearing that none pretending to it in the right of Dawber have power to question his title; 100 lb. of Costs tob'o* being allowed him for costs from each of them (vizf) 100 lb. of tobacco from Holder, and 100 lb. of tobacco from Hewett, alias execution. (Rand. MS.) Ransom vs Hewrll and Holder, for land on Mock- Jack bav. IT is ordered by the Grand Assembly, that Mr. Peter Ranson shall have and enjoy 1100 acres of Land in Mock- Jacks bay on the North River of Mock- Jacks bay on the easterne side thereof, and the other 500 acres being granted to Mr. Wm. Whitby being the first grantees bv this Assemblv (Rand. MS.) Kansotn » land on Mock Jack bay, how located :j7ti LAWS OF VIRGINIA. Occupants of Dawber's land not to be disposses- sed but by Dawber him- self. Inhabitants of Appaniat- tock may hold courts. Appeals to Henrico or Charles City co'ty. courts. IT is ordered by the Asssembly that all those that are in actual possession of the 2400 acres of the land claymed by Edmund Dawber shall not be dispossest of the land they so hold by any, except by the said Daw- ber if he proove his title to bee justestthe said 2400 a- cres being granted to Mr. William Daymes, if Mr. Dawber enjoy it not. (Rand. MS.) IT is ordered by the Assembly, That the inhabitants of Appamattock River shall have power to keep courts according to the sence of the act of Assembly for courts in the like nature, to hear and determine all differences within the said parish, which said court is to be kept by the comissioners resideing in the said pa- rish of Bristoll, and they to take place respectively as by act of Assembly they are nominated ; appeals lying from this court to either Henrico county or Charles Citty county court, as also to have power to treate with the Indians according to act. (Rand. MS. Jef MS.) Comm'rs. of IT is ordered with the vnanimous opinion of thi s counties, house, That the Governour and councill shall appoint how nominated . . . , ... * * , and appointed comissioners in each county respectively vpon the recommendation of the persons from the comissioners of the severall county courts, as they see cause to al- low such recommendations. (Rand. MS. Jef. MS.) } Comin'rs. 01 counties to examine lists of tithables and fine she- riffs, &c. IT is ordered by the Grand Assembly, That the co- missioners of the severall counties respectively have power to examine the lists of the tythables of the said countyes, and where they find them not to be fully ta- ken, to lay a fine vpon the sherriff or them that took the lists, as they shall think fitt, and such further pu- nishment as by the Assembly is provided. (Rand. MS. Jef. MS.) Discoveries W. and S. encouraged. WHEREAS an act was made in the Assembly, 1642, ffor Encouragement of discoveries to the westward and southward of this country, granting JUL*, 1653— 4th OF COMMONWEALTH. 377 diem all prolilts arising thereby for 14 years, which act Privilege for is since discontinued and made void ; It is by this As- certainadven- sernbly ordered, That Coll. Wm. Clayborne, Esq. & turers. Capt. Henry Fleet, they and their associats with them either joyntly or severally, May discover and shall en- joy such benetitts, profitts, and trades, for 14 years as they shall find out in places where no English ever have bin and discovered, nor have had particular trade, and to take vp such lands by pattents proveing their rights as they shall think good : Neverth* lesse not excluding others after their choice from takeing vp lands, and planting in these new discovered places, as in Virginia now vsed. The like order is granted to Major Abra. Wood and Otheradven- his associates. (Hand. MS.) turers - \TT A July the 5th, 1653. tJENTLEMEN", NOT to intrench* vpon the right of Assem- Letter of the blies in the free choice of a speaker, nor to vnderva- & overnor to i * tiic house oi lue Lefit. Coll. Chiles, but onely by way of advice, It burgesses on is my opinion, the Council likewise concerning^ there- ,he choke of in, That it is not so proper nor so convenient att this a s P eaker - time to make choice of him for that there is something to be agitated in this Assembly concerning a shipp late- ly arrived, in which Left. Coil. Chiles hath some inte- rest, for which and some other reasons we conceive it better at present to make choice of some other person amongst you whom you shall agree vpon. Your reall servant, RICH. BENNETT. July the 5th, 1653. Vera copia, JOHN CORKER, CI. to the Burgesses. (Rand. MS. Bh MS.) I, ■ !,," Bl. US t " Concerning" in both MSS.— But qu, if it should not be " con- >«■ 2Z 378 LAWS OF VlRGliMa Oath of biu- The oath administred to the Burgesses tor this pre- sent Assembly. YOU shall swear to act as a Burgesse for the place you serve for in this Assembly, with the best of your judgment and advice, for the generall good, not min- gling with it any perticular or private interest. This oath was taken by the Burgesses in the pre- sence of Coll. Thomas Pettus and Coll. Humphrey Higgison, this 5th July, 1653.* Teste, ROBERT HUBERD CI Consilii. (Rand. MS. Bl. MS.) Message to the gov'r, on the choice of a speaker. IT is ordered, that Lev'tt. Coll. Edward Major, Le~ v't. Coll. Geo. filetcher, Mr. William Hockaday and Mr. William Whittby, attend the Governor and Coun- cil, to request of them their reasons, wherefore they cannot joy ne with vs the Burgesses in the busines of this Assembly, about the election of Lev't. Coll. Wal- ter Chiles for Speaker of this Assembly. (Rand. MS. Bl. MS.) ihe lious permit their speaker to resign. LEF'T. Coll. Walter Chiles haveing by plurality of votes been chosen Speaker of this Assembly : And this day representing to the house his extraordinarie occasions in regard of the dispatch of some shipping now in the country in which he is much interested and concerned, The house vpon his desire have given him leave to follow his private affairs notwithstanding the election aforesaid.f (Rand. MS. Bl. MS.) Minister of the gospel suspended ii declared ine- ligible to a seat in the house of Inn- ges»;ps IT is ordered by this present Grand Assembly, That Mr. Robert Bracewell, Clarke, be suspended, and is not in a capacitie of serving as a Burgesse, since it is vnpresidentiall, and may produce bad consequence. (Rand. MS. Bl. MS.) 1652 in Bl. MS. but evidentlv a mistake. July the 6th, 1653," added* to this clause in Bl. MS JULY, 1653-^th OF COMMONWEALTH. 379 The names of the Burgesses for the severall Plantations, July the 5th, Anno 1653. James Cittie. Isle of Wight County. Left. Coll. Chiles, Left. Coll. Robert Pitt, Mr. Wra. Whittaker, Major Geo. ffowden, Mr. Hen. Soane, Mr. Dan Boucher. Mr. Abra. VVattson. Surry Countie. Northampton. Capt. Tho. Johnson. Cap. Wm. Buttler, Mr. Wm Mellin, Mr. Wm. Edwards, Mr. Stephen Horsey. Warwick County, Lancaster County. Left. Coll. Sam. Mathews, Capt. Moore ffantlaroy, Mr. Wm.Whittby, Spk'r. Capt. Tho. Hackett. Charles Cittie County. York County. Capt. John Bushopp, Major X'p'r Calthropp, Mr. Anthony Wyatt. Mr. Robert Booth, Mr. Wm. Hockaday. Nansemund. Capt. Fra. Morgan. Coll. Tho. Dew, , - ., 7 7 -, t r. ^ ii it- j ij it • Northumberland. Left. Coll. Edw'd. Major, Mr. Peter Montague. Left. Coll. Fletcher, Loiver Norfolk. Mr. Walter Broadhurst. Henrico County. Coll. Francis Yarly, Left. Coll. Corn. Lloyd, Capt. Wm. Harris. Gloster County. Elizabeth Cittie County. Mr. Abra. Iversonn, Mr. John Sheppard, AFr. Richard Pate. Mr. Tho. Thornbury. [In the Bl. MS. several pages are occupied with pro- ceedings against different persons for speaking con- temptuously of the government of Virginia, as estab- lished by the convention, and for refusing to pay the castle duties ; some of whom were fined and imprison- ed.! 380 LAWS OF VIRGINIA. Paper sub- scribed by in- habitants of Nor'amton county held scandalous &: seditious. Subscribers, together with Edm'd. Scar- brough disa- bled from holding any office. Gov. &i Sec'y to go to Accomack. WHEREAS the paper subscribed by name of the inhabitants of Northampton countie is scandalous and seditious and hath caused much disturbance in the peace and government of that county, It is therefore ordered by this present Grand Assembly, That all the subscribers of the said paper bee disabled from bearing any office in this countrey, and that Leift. Edmund Scarbrough who hath been an assistant and instru- ment concerneing the subscribing of the same bee also disabled from bearing any office vntill he hath answered therevnto, and the honourable Governour &t Secretaric be intreated to go over to Accomack with such assist- ants as the house shall think fitt, for the settlement of the peace of that countie, and punishinge delinquents. This order reversed by an order of Assembly, 26th March, 1658. (Rand. MS. Bl. MS.) Provision for Tottopotto- raoy,an Indian in York coun- ty. Those seated on the lands of Pamunkey or Chickahomi- ny Indians to be removed. THE order of the last Assembly in the busines re- lateing to land in York River desired by Tottopotto- moy, as information by some perticular members of this Assembly is now represented, is ordered to be and remaine in force as formerly, Provided he lives on the same : but if he leaves it then to devolve to Coll. Wil- liam Claybornc, according to former orders which gave him libertie to make his choice, whether he would have Ramomak, or the land where now he is seated, and that he appear in person before the Governor and Council to make his choice the next quarter court©' which of the two seates he will hold, and Capt. John West, and Mr. William Hockaday are enabled to give a safe conduct to the said Toltopottomoy and his In- dians for their coming to towne and his returne home, And the commissioners of York are required that such persons as are seated vpon the land of Pamunkey or Chickahominv Indians be removed according to a late act of Assembly made to that purpose, And Coll. John Fluddto go toTottopottomoy to examine the proceed- ings of busines and to deliver it vpon his oath. (Rand. MS. Bl. MS.) Grant of land VPON the petition of Roger Green, clarke, on the MomuckoT behalfe of hinisefre, and inhabitants of Nanse- Poanoako ri- mund river, It is ordered by this present Grand As- r JULY, 1653— 4th OF COMMONWEALTH. ^i sembly that tenn thousand acres of land be granted vn- ver '• also on to one hundred such persons who shall first seate on ™"' J*!! 1 :? ° l «~» i • ill i-iiodii river. iVIoratuck or RoanoaUe river and the land lying vpon the south side of Clioan river and the branches there- of, Provided that such seaters settle advantageously for security, and be sufficiently furnished with amunition and strength. And it is further ordered by the autho- rity aforesaid, That there be granted to the said Roger Green, the rights of one thousand acres of land, and choice to take the same where it shall seem most con- venient to him, next to those persons who have had a former grant in reward of his charge, hazard and trou- ble of first discoveiie, and encouragement of others for seating those southern parts of Virginia. (Rand. MS.) WHEREAS diverse gentlemen have a voluntarie Travels of desire to discover the Mountains and supplicated for discovery to lycence to this Assembly; It is ordered by this Assem- „&£££!** bly, That order be granted vnto any for soe doing, Provided they go with a considerable partie and strength both of men and amunition. (Hand. Mi>.) boundaries of. IT is ordered by this present Grand Assembly that Westmore- the bounds of the county of Westmorland* be as ) and cou . nt y> -met • ■ t» w hftunnai'ifte r*\ followeth (vixt.) ffrom Machoactoke river where Mr. Cole lives : And so vpwards to the ffalls of the great river of Pawtomake above the Necostius towne (Rand. MS.) sons VPON the humble petition of John Claxsonn an Briefs to col- old Virginian, and the testimony of the comissioners ' ect charitable of the countie of Yorke where hee lived of the great granted to loss he sustained by ftireto his vtter vndoeing, not able certain per' to maintain himselfe and five children, The Grand As- sembly duely weighing his distressed estate hath grant- ed him the said Claxsonn, an order as a breife to gather the charitable benevolence of well disposed persons. The like also is granted vnto Thomas Bagwell of the Isle of Wight county and to Richard New of James Cittie county. (Hand. MS.) ' This is the first time (he county ■■ moreland i men- liMod 382 LAWS OF VIRGINIA, Indians of Glo'ster and Lancaster counties to have lands &. hunting ground as- signed to fhem. IT is ordered by this Grand Assembly that the co- missioners of Gloster and Lancaster countys are stricktly required forthwith to proportion the Indians inhabiting in the said counties their severall tracts of land according to an act of the last Assembly in that case made, and to sett and assigne them such places and bounds to hunt in as may be convenient, both for the inhabitants and the Indians, whereby the severall stocks of the Enelish may be preserved. (Rand. MS. Bl. Ms.l An act of in- demnity to those who have lent guns to Indi- AN act of indempnitie is granted for all such as have lent gunns to the Indians, and if any person shall hereafter offend and justly prooved against him, he or they so offending shall suffer seveerly according to act in that case provided, other counties to have the same priviledge. (Rand. MS. Jef. MS. Bl. MS.) Castle duties to be paid ; and how re- coverable. IT is ordered by this present Grand Assembly that the castle duties shall be recovered by auy refracto- ry person's denying the payment thereof as hath for- merly bin accustomed by way of action in any courte or attachment of their goods and estates to that value. (Rand. MS. Jef. MS. Bl. MS.) Certain for- feited goods remitted. IT is ordered by this present Grand Assembly upon the petition of Paulus Maeshouck, servant to Abra- ham Van Susteren, merchant of Dunkirk, that part of the goods forfeited belonging to his said master is re- mitted. (Bl. MS.) Hie ship Le- opoldus for- feited for breach of na- vigation act Co be deliver- ed to Coll. Walter Chiles at the ap- praisement. UPON the petition of Leiut. Coll. Walter Chiles, It is ordered by this present Grand Assembly that the ship Leopaldus now adjudged fforfeited and consign- ed unto him that he the said Chiles should have the said ship according as she hath been appraised being £400 sterling * (Bl. MS.) * The following is the Bill of Sale executed by the Governor and Speaker of the House of Burgesses — Whereas the ship Leopoldus of Dunkirk hath by the grand as- sembly of this country been adjudged forfeit and accordingly con JULY, 1653— 4ih OF COMMONWEALTH. 383 UPON petition of the comm'rs. of the Isle of Wight Arrearages tf 1 . ^i /. ,. /< taxes in Isle ot county concerning tlie recovery ot diverse arrears ot wight, how country and county levies yet unsatisfied since 1644 recoverable. and the lists not recorded through the delinquency of the Clk. of that county, It is ordered by this present Grand Assembly that such persons as have been she- riffs or collectors oi he said levies since 1644 and are now living forthwith bring in their sev'll. lists and ac- counts respectively unto the said county court, and that such persons as have been delinquent in paying the said arrears or detaining of them in their hands be responsable ffor the same and upon default or denial to be recovered by distress and the parties that have paid the same be discharged from further molestation. And „ ,. , , , . . ° „ . iii- Lstates ol dc as tor those shenlis or collectors that are dead their es- ceased she- tates are to be responsable for what shall appear due riff s liable. from them under their hands. (Bl. MS.) IT is ordered thai Nath. Battson stand committed Judgment a- into the custody of the sheriff of James City until he Battson fiscatcd according- to the act ol" parliament for increase of navigation, Now know all men to whom these presents shall come that we the subscribers authorized by the said Grand Assembly do ffor and in consideration of the sunie of four hundred pounds sterling paid by Ltt Coll. Walter Chiles of this colony for the use of this colony be- ihc sealing and delivery hereof acquit and discharge him, give, grant, bargain, sell assigne and set over the said ship named Leopol- dus about the burthen of three hundred tuns with her guns, tackle, apparel and ffurnilure and whatsoever belongeth or appertaineth to the said ship unto the said Leiut. Coll. Chiles, his heirs and assigns lor ever, To have and to hold the said ship with all her said guns, tackle, apparel and ffurniture to him the Walter Chiles, his heirs, and assigncs for ever without any let, hindcranrc, molestation or distur- bance of any person or persons whatsoever claiming any right, titl< or interest to the said ship in the behalf of this colony or the common- wealth of England, We hereby in the behalf of the Grand Asseni bly warranting the same unto the said Lieut. Coll. Walter Chiles, his iieirs, ex'rs. administrators, In witness whereof we have hereunto • iir bands and seals and caused this our act to be register'd in th< records of this colony of Virginia the twelveth of July, 1653. Kl. BENNETT, Seal. Wm. WHITBY, Speaker of the House of Burgesses In presentia mea, Wm. CLAYBORNE, Sec. GEO. ffLETCHER. ROB I tiUBERD JOHN CORKER. CI. to the House of Bunre^ 3b4 LAWS Or VIRGINIA, hath satisfied Dep : Webster eight beaver skins and an otter skin for a gun which lie bought a board the ship Duke Byren. (Bl. MS.) Certain com- missioners to attend gov. as assistants to quiet the dis- contents in Norampton and punish the offenders ; to divide the co'ty ; to ap- point officers and decide be- tween Scar- brough and others. ACCORDING to an order of this Assembly, vpon the petition of Colh Nathaniel Littleton, Coll. Argoll Yarley, Major William Andrews, and some other comissioners of IN orthampton county, Master Speaker. Left. Coll. Edward Major, Left. Coll. Geo. Fletcher, Coll. Thomas Dew and Left. Coll. Rob't. Pitt are nominated as assistants to attend the Governour and Secretarie for the settlement of the peace of that coun- ty, and the punishment of delinquents there according to their demerrits, the appointment of all officers both for peace and warr, the division of that county, and the hearing and determineing of the businesse of da- mages between Capt. Daniel How and Left. Coll. Edm'd. Scarbrough, As also between Capt. John Ja- cob and the said Edmund Scarbrough, with all other matters and things necessary and incident for the pre- servation of the peace of that place, ffor which this shall be their comission, The charges which the said co- missioners shall be at, both in goeing stayinge there & returneing, to be levied vpon those persons that occa- sioned their repair thither. (Rand. MS. Bl. MS.) to leave the colonv. Further time WHEREAS Sr. William Berkeley, Kn't. vpon the allowed Sir deliverie vp of the countrey to the government of the Wm Berkeley Comon-Wealth of England, had granted vnto him by articles, that he should have a shipp to transport him to England or Holland, and whereas the present warr with the Vnited Provinces hath hindred the confirma- tion of the said articles in England, or the comeing of a shipp out of Holland : And the said Sr. William Berkeley desireing longer time (vizt.) eight monthes from the date hereof to procure the said shipp out of fllanders in respect of the warrs with Holland, and that she may be custom free for such tobacco as he shall lade in her; After debate thereof in the Assem- bly, It is condescended that his said request shall be granted, and he may accordingly within eight months procure a shipp out of ftlandcrs for the purpose in his aid articles expressed. (Rand. MS. BL MS.) To carry his •.obacco cus- tom free. JULY, 1653— 4th OF COMMONWEALTH. •58 a WHEREAS the ship Leopoldus of Dunkirk, for Appropriation the importation of prohibited goods contrary to the t j, e ga i e of the act of Parliament, for the encrease of navigation, has forfeited ship been adjudged forfeited, with her tackle, apparel, and Leo P oldus - ffurniture to this country, ffor the use of the Common- Wealth of England, and appraised at four hundred pounds sterling, This Assembly upon consideration thereof had her disposed of the same as flblloweth, fyizt.) two hundred and ffifty pounds to our agent Coll. Sam. Mathews and one hundred pounds to Coll. William Clayborne, sec. thirty pounds to the speaker, ten pounds to Coll. Cornelius Loyd, and ten pounds to Major Billingsley for their severall services done to the country in the said business. (Bl. MS.) IT is ordered by this present Grand Assembly that Punishment Nathaniel Battson for many misdemeanors &£ a com- mon defame* apparantly true, shall receive forthwith fifteen stripes on the bear back and for ever hereafter not to go or trade amongst the Indians and in case of default to receive further punishment by whipping and perpetuall banishment. RICH'D. BENNETT. Wm. WHITTBEY, Speaker. (Bl. MS.j ' tt Defame'' in MS but it should be " defamer " inflicted on Natb.Battson. 'i A NOVEMBER 20, 1654, ATT am Ammm www held at James Cittie. The names of the Burgesses for each respective Couri- tie as followeth : Charles Cittie. Lower Norfolke. Coll. Edw'd. Hill, Speaker, Mr. Barthol : Hoskins. Capt. Henry Perr}' Major Abra. Wood, Mr. Stephen Hamlin. Eliza. Cittie. Ma. Wm. Worlich, Mr. John Sheppard. Glocester. Mr. Tho: Breman, Mr. Wingfeild Webb. Henrico. Mr. Richard Cock. James Cittie. Mr. Tho: Dipnall, Mr. Abra: Watson, Mr. Wm. W hi taker, Mr. Henry Soane. The Isle of Wight. Left. Coll. Pitt, Capt. John Moone, Mr. Fra. Hobbs, Capt. John Bond. Mr. Lyonell Mason. Lancaster. Mr. John Carter, Mr. James Bagnall. Northampton. Ma. Peter Walker. Mr. Wm. Waters, Mr. Tho : Johnson. Nanzemund. Coll. Tho : Dew, Mr. Sam. Stoughton. Mr. Tho. Godwin. Northumberland. Mr. John TrusselL Surry. Mr. Wm. Batt, Mr. James Mason. Warwick. Lt. Col. Sam. Matthewes, Mr. William Whittbye. ■v.0\ . 1054— 5th OF COMMONWEALTH. 387 Yorkc. Westmorland. Capt. Wm. Gooch, Ma. John Holland, Mr. Robert Booth, Ma. Alex. Baynhan. Mr. John Hayward, Neiv Kent.* Capt. Robert Abrell. PUBLIQUE ORDERS OF ASSEMBLE. WHEREAS Coll. Edward Hill vnanimonsly cho- Proceedings sen speaker of this house was afterwards maliciously a g ainst Wm. reported by William Hatcher to be an atheist and reputing ° r blasphemer according to an information exhibitted that the against him the last quarter court, from which the ho- |?f a ! l f r ' ' R?. 11- i r^ i n -i l i i.i -i Edw'd. Hill, nouraile uovernour and Council then cleered the said was an atheist: Coll. Edward Hill and now certified the same vnto the house : And forasmuch as the said Wm. Hatcher, notwithstanding he had notice given him of the Go- vernour and Councills pleasure therein and of the said Coll. Hill's being cleered as afforesaid, hath also re- ported, That the mouth of this house was a Devil, nominateing and meaning thereby the said Right Worp'll. Coll. Edward Hill, It is therefore ordered by this house, that the said William Hatcher, vpon his n^'aS 6 *;- knees, make an humble acknowledgement of his offence knowiedg- vnto the said Coll. Edward Hill and Burgesses of this mnnt on his Assembly ; which accordingly was performed and then he the said Hatcher disraist paving his fees. {Rand. MS. BL MS.) IT is ordered by the Assembly that the comissioners Comm*ra to of the militia and the comissioners of the respective account for counties shall at the next sessions of this Assembly ]e * ie % fol . in March give in an account of the 6 lb. of tobacco per powder and pole lately levied for powder and shott for the vse of shot - each county, and what other powder and shott shall be in their custody belonging to the county. (Rand. MS. BL MS.) This is the first time the name of New Kent appears among the proceeding ol the assembly— It was taken from the opper part o< V.irk i oonty "" •"' B< • of the present session 388 LAWS OF VIRGINIA, New Kent IT is ordered that the vpper part of Yorke county < C !ar"e7of b ° Un * sha11 be a distinct county called New Kent, from the west side of Scimino creek to the heads of Pomunkey and Mattaponie river, and downe to the head of the wist side of Poropotanke Creeke. (Rand. MS. Bl. MS. Jef. MS.) Marstou pa- rish establish- ed. FROM the head of the north side of Queen's creeke as high as to the head of Scimino creeke is made a distinct parish named Marston ordered by this Grand Assembly. (Rand. MS. Bl MS. Jef. MS.) Lists of i:iii aides, how taken, &, cor- rected. WHEREAS certaine arrears by overchargeing of tithable persons in some counties are now in ques- tion, It is ordered that such errors as are alledged to be comitted shall be certified vnder the com'rs. hands att the Assembly in March next, and for the future that all lists shall be taken and certified vnder the hands of the com'rs. and not otherwise, and so present- ed to the Assembly. (Rand. MS. Bl. MS. Jef. MS.) Orders of Assemblie in Private Causes. [Here follow, in the Rand, and BL MSS. the decisi- ons of the Grand Assembly, in various civil actions ; but they are not of sufficient importance to justify theiv insertion. — See Appendix.] Edw. Diggs THE Governour and Council have thought good nominated t>y to call Mr. Edward Diggs, Esq. to be one of thr I-«ncTto bt Councill, if the Assembly shall like thereof, and gigni- one of the fie their approbation and concurrence therein, Novem, council. 22, 1654. RICHARD BENNETT. Approved by the assembly IT is vnanimously consented vnto, he haveing given a signal testimony of his fidelity to this collony and Common-Wealth of England. CHA : NORWOOD, Cler. Assem. (Rand. MS. Bl. MS.) NOV. 1G54— 5th OF COMMONWEALTH. 3^ ORDERS OF ASSEMBLY Concerning the March against the Rappa'. Indians. AYHEREAS divers complaints have bin made by J^^ ^" the inhabitants of the counties of Lancaster, Nor- theRappahan- thumberland and Westmorland concerning divers in- nock Indians, juries and insolencyes offered and done by'the Rappa- ^"Jf™ ^ hannock Indians, vnto them the said inhabitants, and have refused to give satisfaction though often demand- ed by the comissioners of the said couutyes, which gives just occasions of jealousies and fears of an intend- ed warr : It is therefore ordered by this present Grand Certain coun Assembly, that the said countie- bee associated and armfcequip joyned together in and concerning the affaires of their men. neighbouring Indians, and that for this present expedi- tion there be raised in the comity of Lancaster one Lancaster 100. hundred men sufficiently furnished with armes, amuni- tion and provisions, with boates and other necessaries for their voyage to the said Rappahannock tovvnes. likewise the county of Northumberland 40 meii quali- ^^ mber ' lied as aforesaid, Also in the county of Westmerland Westmoreland thirty men qualified as aforesaid, and that the said men 30 - be raised and pressed in such manner as the first man in commission in each county with the assistance of the comissioners of the respective couutyes direct and think fitt for the most easie accomplishment of this im- apP oj nt ed by^ ployment, and that the nomination of the leaders of the county courts, said men in the counties of Northumberland and West- merland be att the appointment of their several! courts respectively, all which said men so raised and pressed in the said three counties are hereby required to re- paire on the first Wednesday in February next to the houseof ThomsMeades in Rappahannock river which P |aceo1 ren ■ it -i c n drzvous. is thought the most convenient place of general! ren- dizvouz, and from thence Ma'r. John Carter who is hereby appointed commander in cheife is hereby re- Lom "!r n ei 1 ' 1 1 • 1 11 * • in cnie ' quired and authorized to march with a! I the aforesaid men to the aforesaid Indian towne and demand and receive such satisfaction as he shall thinke fitt for the i^VtVwns severall injuries done vnto the said inhabitants not and demand vsing any acts of hostility but defensive in case of as- satisfaction. sault, And it is further ordered that the said Major John Carter give account of his proceedings vnto the To report to houo'blethe Governour who is hereby authorized with t,, . e 8 ov ; " ,H ' .. , . - , . ., . . J .. «iili iidvice ot the advice of Ins counn! to determine of peace or wavv council h 390 to decide on peace or war. Interpreters. LAWS OF VIRGINIA. : in this and all other emergent occasions concerning the said Indians. And it is further ordered, That Capt. Henry Fleet and David Wheatliff attend the said ser- vice as interpreters, the charge of the service aforesaid to born by the three countyes above specified. (Hand, JUS. Bl MS. Jef JMSL.) ▲S&l T. Vreainbie. IN'o bills, bonds or writ- ten engage- ments recover- able after three years from their date un less renewed, sued upon or recorded. ACT I* Act for renewing of Bills and Bonds within tkrt e years.^ WHEREAS the nature of our trade in Virginia in respect of our present commodities and the great distance of our habitations inforceth vs to engage- ments by bills, bonds and other writeings, vpon the payment and discharge whereof, either in part or in whole, the debtor is oftentimes constrayned to accept of receipts, and imploy other men therein, whereby many times the bills and bonds doe lye out and are not taken vp, or delivered in, or the receipts lost, or the parties and witnesses dead, sue that those debts are againe demanded and recovered often times which were before justly paid and acquitted, ffor remedie whereof. Bee it enacted that noe bills, bonds or other ingage- ments of writeing heretofore made shall any way be pleadable after three years from the end of the sessions of this present Grand Assembly : nor for the future after three years from the date of such bills, bonds or ingagements vnles the same be renewed or sued or re- corded in the county court where the debtor liveth or where he last resided (if he be vnknowne or non-resi- dent) or absent out of the county, or else be sued or recorded in the bookes of the quarter court at James Citty. (Rand. MS. BL MS. Jef. MS.) The acts of this session are not numbered in any of the MSS. t The titles of none of the acts of this session are given in the BJ. MS. though the acts themselves agree with the Rand, and Jef MS? ■tl which the titles of the four first nets arc inserted using false steelyards NOV. 1654— 5th OF COMMONWEALTH. 3W ACT II. Act concerning false Styllyards. TO prevent the great abuse and deceit by false styll- Penalty foi yards in this collony, It is inacted by this Assembly, That whoever shall vse false styllyards willingly shall pay vnto the party greived three fold damages and costs of suit, and shall forfeit one thousand pounds of tobacco, one halfe to the informer and the other halfe to the publique vse of the county where such offence is comitted, And for the better prevention of such de- weights to be ceit it is likewise enacted that the eldest in every kept at court comission shall, att the charge of the county, pro- hoxxses f ° tr . v cure and keep att the court house sufficient weights to try as often as shall be desired all styllyards as shall be complained of or brought thither. (Rand. MS. Bl. MS. Jef. MS.) ACT HI. Act concerning Imploying Indians with Guns. TO prevent the disorderly imploying of Indians with No P erson t0 gunns vnder the pretence of being their servants, It is ^m mthguns inacted, That noe person shall dare to imploy such unless by li- Indian servants with gunns vnless they have allowance cense irom the - . i i i- /• i <-« county court from the county court where they live or from the bo- or the gover- vernour and Councill. nor and coma (Rand. MS. Bl. MS. Jef. MS,) ril ACT IV. Act for Northampton County to take acknowledgment of Lands. IT is inacted, That the comissioners of Northamp- Comm'rs. oi ton county shall be impowered to take the acknow- Nor'aropton ledgment of the Indians in their county for sale of their ^XTad'nX lands, if the said Indians shall desire it, in which they lodgement of are required to proceed justly and to have the consent ■alesoflodi- of the major part of the low ne and being so done their '™, s h consent proceeding is to be transmitted to the Governour and ofthemajoi Councill and allowed by them vnles they shall see pa» tofth " ., * J town cause to tlie contrary. (Rand. MS. BL MS. JH. MS.' ;*92 LAWS OF VIRGINIA. ACT V* Ships on their arrival to report to the gov'r. And douse sail, on pas- sing the fort, at Point Comfort. Lists of pas- sengers to be given to capt. of fort IT is thought Jitt and enacted by the Grand Assem- bly that all comanders of sliipps or vesells arriveing in Virginia shall presently after their arrivall make their addresse to the Governour to certifie of their ar- rivall and such other matters as may concerne their trade here or otherwise relate to the whole country vpon paine of such greivous censure as the Governour shall please to inflict, and that such shipps as shall pass by theffort attPoynt Comfort either comeinginorgoe- ing out shall douse saile and do their duties as the cus- tom is, otherwise to pay double for the shott made against them and incurr such other pennalties as their contempt shall deserve, and they are likewise soon af- ter their coming to anchor, to repaire to the Capt. of the ffort and deliver a list of their passengers and take order to pay the castle duties, and be obedient to the orders and laws of the countrey as they will answer the contrary att their perill. { (Rand. MS. EL MS. Jef. MS.) Sheriffs to be recommended by county oourts and :ommissioued by governor and council ACT VI. IT is enacted, That the comissionersof every coun- ty shall recommend three or more to the Governour and Councill who shall elect such sherriffs out of those so recomended as they the Governour and Councill shall think most meet and fitt for the place. (Rand. MS. BJ. MS. Jef. M< .Adjournment of assembly and quarter <*o'irf THIS Assembly is adjourned till the twentieth da\ of March at James Cittie, the quarter court is also adjourned till the twentieth of March. RICH: BENNETT EDWARD HILL, Speaker. Vera copia, CHARLES NORWOOD, Clk. Assem The number of this, and the succeeding act isjgiven in the Jef MS hut the titles are wanting in all the MP? MARCH. 1655-6— 6th OF COMMONWEALTH. 393 THE sum of one hundred thousand pounds of to- Salary of the bacco is assigned to the Governour by this Assembly, & overDor - in consideration of his expences, charge and pains in the government of this collony, arising out of the Dutcli prizes and confiscation of forrain goods and ships, as bv the accounts in the Assembly appears. CHARLES NORWOOD, CI. Ass. (BL MS.) MARCH 10, 1655.* \This should he 1655-6. See post pa. 40-1 . J ACT 1. An Induction io the Acts concerning Indium- WHEREAS wee have bin often putt into great Plan for cm- dangers by the invasions of our neighbouring and •> zin & the In- bordering Indians which humanely have bin only troducing caused by these two particulars our extreame pressures among them on them and theire wanting of something to hazard &i tnc,ueaof ° separate pro- perty, &.c - The 25th day of March was the beginning of the year, accord- New Style, ing to the Jewish computation ; and the game rule was observed in adoption of. England till by stat. 24, Geo. 2, chap. 23, sect. 1, (1751) it was de- clared that after the last day of December, 1751, the 25th of Marco should no longer be accounted the beginning of the year, but that the Tear 1752 should begin on the first day of January, aud so, in each succeeding year, the first day of January should be deemed the fust day of the year. This statute was rendered necessary by the adop- tion, in England, of the reformed calendar of Pope Gregory XIII made in the year 1572; from which period commenced the Grego- rian calendar, or New Style. The calendar adjusted by Julius Cje- 15 years before Christ, was called the Julian Calendar, or Old Style, as contradistinguished from the new Most of the nations of Europe had adopted the Gregorian Calendar or New Style, long be- fore the English ; who being engaged in extensive commerce, found it convenient, for the sake of foreign correspondence, to preserve both the Old and the New Styles, between the 1st of January and the 25th of March, in each year. Accordingly, in most of the dates prior to 1752, (when the New Style commenced in England,) we see the old year continued till the 25th of March, with the new year an- nexed to it from the 1st of January to that date : Thus, January, 1623-4. February, 1*531-2 March, 1612:.<, he But this was not ■'niforraly don< 3B <*94 LAWS OF VIRGINIA. loose beside their lives : Therefore this Grand Assent bly on mature advice doth make these three ensueing acts, which by the blessing of God may prevent our dangars for the future and be a sensible benefitt to the whole countrey for the present. So much of the act of parliament of 24th Geo. 2, ch. 23, as relates to the establishment of the New Style, is in the following words— " Throughout all his majesty's dominions in Europe, Asia, Africa and America, subject to the crown of Great-Britain, the supputation ac- cording to which the year of our Lord beginneth on the 25th of March shall not be made use of after the last day of December, 1751 and the first day of January next following the said last day of De- cember, shall be deemed the first day of the year of our Lord 1752,, and so on, the first day of January in every year shall be deemed the first day of the year. And after the said first day of January, 1752, the days of each month shall be reckoned in the same order ; and the feast of Easter, and other moveable feasts thereon depending, be as- certained according to the same method, as they now are, until the second of September in the said year 1752, inclusive ; and the natu- ral day nest immediately following the said second of September shall be called the 14th of September, omitting for that time only the ele- ven intermediate nominal days of the common calendar : and the na- tural days following the said 14th of September shall be numbered forwards in numerical order from the said 14th of September, ac- cording to the order now used in the present calendar ; and all acts, deeds, writings, notes, and other instruments executed or signed, upon or after the first day of January, 1752, shall bear date according to the said new method of supputation, &.c." The section then goes on to provide for the sessions of courts, &.c. according to the new- method. Leap 'year, With respect to Leap Years, the 2d section declares, ' : that tho years 1800, 1900, 2100, 2200, 2300, or any other hundreth year of our Lord, except only every fourth hundreth year, whereof the year 2000 shall be the first, shall not be Bissextile or Leap Years, but shall be common years, consisting of 3G5 days and no more ; and the years of our Lord 2000, 2400, 2800, and every other fourth hundredth year of our Lord, from the year 2000 inclusive, and all other years of our Lord, which by the present supputation are Bissextile or Leap Years, shall be Bissextile, or Leap Years consisting of 366 days." The subsequent sections of this act, as well as an act passed in the 35th of Geo. 2, chap. 30, sect. 2, provides for the moveable feasts, inclosing of commons, payment of rents, annuities, reformation of the calendar, &.c. — See 1 Cay's abridgement, 11)2. " Calendar." The reasons which induced the passing of the above recited act of parliament, and the difference between the Julian &. Grego- rian calendars, are well explained by a writer nearly cotemporary with the act itself. Fatoun in his Elements of Chronology, (insert ed in his treatise on navigation,) pa. 121, says, that "Julius Cffisar, in order to reduce Ihe civil or political year nearly to an equality MARCH, ltJSa-ti— tuii DP COMMONWEALTH. 395 Ffirst for every eight wolves heads brought in by the Fo1 everv 8 Indians, The King or Great Man (as they call him) jJjSSy shall have a cow delivered him at the charge of the pub- the Indians lick, This will be a step to civilizing them and to mak- their kin £ t0 ing them Christians, besides it will certainly make the iave a cow ' comanding Indians watch over their own men that they do vs no injuries, knowing that by theire default they with the tropical, and considering that the tropical year consisted of 365 days and 6 hours nearly, which exceeded the civil year bv t> hours each year and consequently in lour years exceeded it by one whole day, ordered, that to every fourth year there should be one day added, and so make it consist of 366 days, by which means the civil and solar years were reduced pretty near to an equality. This additional day was put in the month of February, and because in the common year «hc twenty-fourth day of February was called by the Romans the sixth of the Kalends of March, he ordered that this day should be added after the twenty-fourth day of February, and called by the same name ; there happening every fourth year, two sixths of the Kalends of March, and hence that year was call- ed Bissextile or Leap Year. This way was used by us till the year 1752, when the New Style commenced." " But the true length of the year being 365 days, 5 hours aud 49 minutes, and by the Julian account 365 days and 6 hours, 'tis plain the civil year exceeds the solar by 1 1 minutes nearly. Con- sequently, if the sun any year enters the equinoctial on the 20th day of March at noon, the next year he will enter the equinoctial the same day 11 minutes before noon, the next 22 minutes before noon, and so on. Consequently in 131 years the solar will antici- pate the civil year by one whole day ; and so either equinox will not. happen always on the same day of the civil year, but be carried in a retrograde order through all the days of it. This was what put Pope Gregory XIII. upon reforming the Julian kalendar — for, find- ing that at the time of the Nicene council, when the time of cele- brating Easter was instituted, the vernal equinox happened the 21st day of March, and by flowing continually backwards, it hap- pened at his time ('in the year 1572) on the 11th day of March, anticipating its former time by 10 whole days, he ordered that these ten days should be taken out of the kalendar, and the 11th of .March should be reckoned the 21st — and to prevent the seasons of the year from going any more backwards, as they were before, he ordered that every hundredth year of the Christian a;ra (which according to the Julian kalendar is Bissextile) should be a common year and so consist only of 365 days — but this being too much, every four hundredth year was to remain Bissextile or heap Year. — But since his time to the year 1752, one day more has been antici pated. which was the reason that 11 days were ordered to be taken out of the kalendar in the month of September, 1752, when the New Style commenced in these kingdom-;. The Julian form is call ed Old Style and the Gregorian, New Style.' r In the Thtrid. MS. all the acts of this session ex< epl the first, are numbered in th<- margin 5% LAWS OF VIRGINIA, Exception as to Acco'ck. Indian chil- dren brought in as hostages not to be treated as slaves, but in- structed in useful trades, fee. and their parents to choose with whom they arc to reside. Indian lands not alienable by them, and no bargains and sales va- lid without the assent of the assembly. may be in danger of losing their estates, therefore be it enacted as aforesaid only with this exception, That Acomack shall pay for no more then what are killed in their own county. Secondly. If the Indians shall bring in any children as gages of their good and quiet intentions tovs and amity with vs, then the parents of such children shall choose the persons to whom the care of such children shall be intrusted and the countrey by vs their repre- sentatives do engage that wee will not vse them as slaves, but do their best to bring them vp in Christia- nity, civillity and the knowledge of necessary trades; And on the report of the comissioners of each respec- tive county that those vnder whose tuition they are, do really intend the bettering of the children in these par- ticulars then a salary shall be allowed to such men as shall deserve and require it. What lands the Indians shall be possessed of by or- der of this or other ensueing Assemblyes, such land shall not be alienable by them the Indians to any man defuturo, for this will puttvs to a continuall necessity of allotting them new lands and possessions and they will be alhvaies in feare of what they hold not being able to distinquish between our desires to buy or in- forcement to have, in case their grants and sales be de- sired; Therefore be it enacted, that for the future no such alienations or bargaines and sales be valid with- out the assent of the Assembly, This act not to preju- dice any Christian who hath land allready granted by pattern. The county of Northamp- ton authorized to enact laws as to Indians or manufac- tures, subject to the revision of the assem- bly. ACT II. .let for Northampton County. BE it enacted the county of Northampton to have li- berty of constituteing lawes and customes amongst themselves and to proceed therein according to their owne conveniences not repugnant to the laws of Eng- land, Provided that before execution of such lawes by them to be constituted, those lawes be confirmed by the Assembly : And this act to extend no further then to Indians and manufactures. MARCH, Jo55-H— Oth OF COMMONWEALTH. W ACT III. An Act for the repealing the Act for Marketts and re- gulating of Trade. WHEREAS divers inconveniences are like to ensue ActiVof Oct. by reason of the act for marketts and regulateing of 16 ^ 9re P ealed trade and now taken into further consideration, Be it enacted that the act for marketts and regulateing of trade be repealed and of none effect, Provided allwaies Merchants to that if any countrey or perticular persons shall settle beencoura? any such place whither the merchants shall willingly come for the sale or bringing of goods, SuclTmen shall be lookt vpon as benefactors to the publique. ACT IV. An Act repealed for all peices of Eight to passe current. WHEREAS there was a law for ihe encouragement Pieces 01 of artificers, peeces of eight of what mettle soever e 'g h,ofbase ' " o metal not to should pass for five shillings sterling, Wee find by ex- paS s as current perience, and the artificers know it, that nothing can money more discourage them, for after they have long labour- ed for a subsistance (in case this law as noW it is should not be repealed) they would have soe many counters in stead of sterling money for the sweat of their browes: „ „ . But pieces ot Therefore bee it enacted by this Grand Assembly that et s ht of f sil JJ r no false money shall be currant in this collony, yet s °„* Roan- peeces of eight that are good and of silver shall pass oake k. Woiu for five shillings sterling, and Roanoake and Worn- P° m P e( * e at . . ° i . ii 'he usual va- pompeeke to keep their wonted value. l„ e . ACT V. . iv. Act for Criminall Causes to be tryed in the severall Countyes repealed. WHEREAS there was an act for the benefitt and Criminal case of the people that criminal causes should be ^"o'heTricd 2 tryed in the countyes where the offenders comitted in theconntifc ♦hptn. Woe conceive it no ease nor benefit! to the peo- .396 LAWS OF VIRGINIA. but to be tried before the q'r. courts held by the gov. Hz . council or the assembly, which ever shall first hap- pen. Prisoners, how kept. If convicted his estate to remain with his wife and children till further order. pie to have their lives taken away with loo much ease. And though we confesse the same to be done in Eng- land, yet wee know the disparity between them and vs to be so great that wee cannot with safety follow the example, for noe countiey there but makes at least ten times the number of people here, and the jurors there are more practised in .criminal! causes then, by the bles- sing of God, wee are here, and have more to informe them in case thev should err, And 'tis a maxim that no deliberation can be too much pondered that concernes the life of the meanest man ; Be it therefore enacted, that from henceforth all criminal! causes that concerne life or member be tryed at quarter courts before the Governour and Councill or att Assemblies (which of them shall first happen,) where it is probable the ablest and most impartiall men will meet: And he it further enacted, That all prisoners be kept by the sherriffs of the county where the crime is committed vntil the first day of the quarter court or Assembly, &; there be delivered vnto the sherriffs of James Cittie ac- cording to an act of Assembly now in force dated in March, 1642; And in case the person on his tryall be condemned and executed there, his estate to remaine in the possession and to the vse of his wife and chil- dren vntil further order. Jurisdiction of county courts final for all sums under 1600 lbs. to- bacco or £16 sterl. Appeals over fhose sums al- lowed to qr. courts and as- sembly. Damages. Spmritv ACT VI. WHEREAS many appeales brought are meerly de~ latory and for poor, inconsiderable causes whereby men are defrauded of the justice they sue for, the court tacitly taxt from whence they appeale and great charges accrueing the suit : Therefore be it enacted by this Grand Assembly, that all suits and causes between party and party of what valew soever not touching life or member be tryed by the county courts and not by the quarter courts vnles they exceed 1600 lb. of tobacco and caske or £ 16 sterling and that noe ap- peales be from the county courts to the quarter courts or from thence to the Assemblies vnder the same value; and damages vpon appeales to be awarded by the judges of appeales, and the appellants forthwith to putt in security to pay what damages shall be awarded against them: Provided that thp art Apr. 13. lfi/JS.an- MARCH, lb55-6— 6th OF COMMONWEALTH. 399 thorizing to what value comissioners are to trye, be This act not and remaine in full force and vertue, any thing con- jjetjonofa tained to the contrary notwithstanding. single magis- trate. ACT VII. WHEREAS many fines are laid on offenders and Fines imposed noe emolument accrues to the publique : Therefore be cou^tTappro- it enacted by this Grand Assembly, That all ffines made priated to in the county courts de futuro be delivered to the purchase of militia of the county to be disposed of in amunition f or the militia, for the good of the county excepting such ffines as are allready disposed of by former acts. ACT VIII. WHEREAS it hath bin taken into serious conside- For ""proving ration and debate for the bettering our, (indeed) only |ob. S,d Seco°nds comodity tobacco for the benefit both of planter &; or slips not to merchant both equally complaining of its low and con- be tended temptible rate, and no expedient found butt lessening the quantity and mending the quality, Wee this pre- sent Grand Assembly finding all other stints inconsis- tent with the good of his collony, Maryland remain- ing a distinct government : Doe therefore hereby enact Penalty that what person or persons soever shall after publica- tion of this act tend, suffer or cause to be tended any tobacco commonly called seconds and slips shall for so doing pay 2000 lb. of tobacco, one halfe to the inform- How appro, er and the other halfe to the militia to be disposed for P riated - amunition for that county where the offence shall be committed, and likewise, That all sherrifls and collec- Electors"!!, tors have a speciall care in receiveing the leavie tobac- be careful as co without more then its proportion of ground leaves t0 receiving and in case of difference, the next comissioner to ap- f^°"" s point two sufficient men to view the tobacco, and vpon their report to the said comissioners either to take it or proceed to distresse as in case of non-payment. ACT IX. WHEREAS there are many places destitute of P**«»M« ministers, and like still to continue soe, the people con- tent not payinjre their accustomed dues, which makes 40U LAWS O^ VIRGINIA, All tiie comi- ties to be divi- rcau) ,,|, comon enemie the Indians, if opportunity serve, would suddenly invade this collony to a totall subver- sion of the same, and whereas the onlv means for the discovery of their plotts is by allarms, of which no cer- tainty can be had in respect of the frequent shooting of gunns in drinking, whereby they proclaim, and as it were, justifie that beastly vice spending much pow- der in vaioe, that might be reserved against the comon enemie, Be it therefore enacted that what person or Nogou»t< persons soever shall, after publication hereof, shoot i 3 C 402 LAWS OF VIRGINIA. cept at mar- riages k, fu- nerals, under penalty of 300 lb. of to- bacco. any gunns at drinkeing (marriages and ffuneralls onely excepted,) that such person or persons so offending shall forfeit 100 lb. of tobacco to be levied by distresse in case of refusall and to be disposed of by the militia in amunition towards a magazine for the county where the offence shall be comitted. Comm'rs. or justices of the peace to be recom- mended by the court and appointed by the gov. and council. Inhabitants of the colony be- ing sole own- ers of vessels exempted from castle duties. ACT XIII. BE it enacted by this present Grand Assembly that noe person or persons, for the future, be admitted to be a comissioner for any county court whatsoever, but such as shall be desired by the court and appointed bv the Governour and Councill. ACT XIV. FFOR the encouragement of trade be it enacted that all persons inhabiting in this collony, being sole own- ers of any vessell, shipp or barque, tradeing to any lawfull port whatsoever, be exempted from all castle duties but if any matter shall arise in question the oathes of the owners shall be required to make it ap- peare that they are such owners. Western and inland Indians having seated themselves near the falls of James ri- ver. Coll. Edward Hill, with a ACT XV. WHEREAS information hath bin given that many western and inland Indians are drawne from the mountaynes, and lately sett downe neer the falls of James river, to the number of six or seaven hundred, whereby vpon many severall considerations being had, it is conceived greate danger might ensue to this col- lony, This Assembly therefore do ihinkfitt to resolve that these new come Indians be in noe sort suffered to seate themselves there, or any place near vs it haveing cost so much blood to expell and extirpate those perfi- dious and treacherous Indians which were there for- merly, It being so apt a place to invade vs and within those lymitts which in a just warr were formerly con- quered by us, and by vs reserved at the last conclusion of peace with the Indians, In pursuance whereof there- fore and due respect to our own safety, Be. it enacted MARCH, 1655-6— 6th OF COMMONWEALTH. 403 by this present Grand Assembly, That the two vpper p; u ' ,v of nie » countyes, vnder the command of Coll. Edward Hill, m J^ them** do presently send forth a patty of 100 men at least and without m&k- that they shall first endeavour to remoove the said new in s war,ifpos- ¥ • ,. . , , • .,. . , . sible, ami to come Indians without makeing warr it it may be, only require the as- ill a case of their own defence, alsoe strictly require! ng sistance of the the assistance of all the neighbouring Indians to aid lie| g |,bo |' in s , ,9 /• i • i r Indians bound them to that purpose, as being part ot the articles ot i, v treaty. peace concluded with vs, and faileing therein to look duely to the safety of all the English of those parts by fixing of their arms and provideing ammunition, and that they have recourse to the Governour and Councill for further direction therein, And the Governour and Gov. to send Councill are desired to send messages to Tottopotto- "} ess engersto i i i~n • i i • ii r *• i lottopotto- moy and the Cluckahomynies and other Indians and moy andChi- to treate with them as they in theire wisdoms and dis- chahotainyln- eretions shall think fitt. ,,i * ns ACT XVI. WHEREAS we conceive it something hard and AH free men vnagreeable to reason that any persons shall pay £"^,1^°' equall taxes and yet have no votes in elections, There- fore it is enacted by this present Grand Assembly, That soe much of the act for chooseing Burgesses be re- pealed as excludes freemen from votes, Provided all- How t0 S ,ve tncir votes waies that they fairly give their votes by subscription and not in a tumultuous way, and it is further provid- ed by this act that the rest of the act of March, 1654, concerning choosing Burgesses (this clause only ex- cepted) be and remain in full force, any act provided to the contrary notwithstanding. law. ACT XVIf. BEE it enacted, that there be 30 lb. of tobacco Revenue per poll raised in every county respectively, for discharging of such debts as here are presented to the Governour and Council, to dispose of the same to the countrey creditors as also of the overplus (if any be) in case there be no Assembly called before the last of October next ensueing. March 27, 1656. E'D. DIGGS. fTRANCIS MORVSON, Speaker. 'KM MARCH 24, 1655. [03^ This was the session of March, 1654-5.— The preceding session was that of March 10th, 1655-6, as appears both from the date in page 403 and from the adjournment mentioned in page 407. — They are here published in the order in which they were ar- ranged in the MS. the mistake not having been dis- covered in time.] PUBLIC ORDERS OF ASSEMBLY.t Stratton Ma- jor parish es- tablished. ORDERED, That from Poropotank to Mattapony vpward (vizt ) on the north side of Yorke river be a distinct parish by the name of Stratton Major. Surveyors to be recom- mended to co'ty, courts by competent judges and appointed by the courts Those un- qualified to be divested of their offices. ORDERED, That no surveyor or surveyors be elected but such as are chosen by the comissioners of such counties where such occasion shall be offered, and those so chosen to be recommended to the said com'rs. by persons well experienced in the faculty, and such as at the present are not sufficiently qualified for the purpose aforesaid to be devested of such imploy- ment or imployments and the comissioners to judge and determine of theire qualifications after such cognizance given as aforesaid. Comm'rs to lay of!' bounds of Nanseniond ^IsleofWi-ht counties and to report to the assembly VPON the petition of the Isle of Wight Burgesses in behalfe of the inhabitants of that county, It is ordered, That 3 of the comiss'rs. of each county, (that is to say) of JNanzemund and the Isle of Wight county shall meet att a sett time before the next Assembly to i Under the title of " Public Orders of Assembly" are inserted promiscuously, the Journals of the House of Burg-esses, containing the appointment of committees, &c. the Resolutions of the Assem- bly on general and local subjects, which have the force of laws, and the decisions of the house on appeals in civil actions. To insert the whole of these orders, would occupy too much room. — Such parts therefore, as merely relate to individuals, and will throw no light on i hi' history or jurisprudence of that period, are omitted 3IARCH, 1(554-5— 6tii OF COMMONWEALTH. 405' 3ay out the bounds oi' eacli county, and in case of dif- ference to render account thereof to the next Assembly that it might be determined. IN the case of John Bromfeild, pit. and widdow Crumpe defendant, It being found that the will of Richard Buck, from whence the land descends to the orphant, there does not appeare any estate past to Brid- get Bromfeild, late wife of John Burrowes otherwise then for terme of life onely: there being not mention in the said will of heires, assignes for ever, nor in fee simple, &c. Likewise it being found, that this very case in November 29, 1642, was adjudged by the Go- vernour and Cocncill to be but an estate for tearme of life and soe thrice voted in this Grand Assembly : Likewise it being further found that there were 5 other guardians of the said Buck's children by the said will and that they never claimed an estate in ffee simple but onely for tearme of life: It is therefore ordered that ihe said Elizabeth Crumpe continue her possession without any further molestation in the premisses, it being voted and concluded as aforesaid. Broomfeildvs. Crumpe. Construction of a will, which not using the words heirs-, assigns for ever or fee- ■ simple, &tc. held that the devisee took an estate fov life only. IN the difference between Capt. Streeter, who marri- Streeter vs. od Mrs. Burbage, the relict of Capt. Thomas Burbage, J e " bage ' s It is ordered, That the plantation of the said Burbage att Nansemund be equally devided in quantity and Dower how quality both land and houseing, and all other lands assigned and of the said Burbage be divided according to quantity ^ atp f r ?P° l " and quality as aforesaid into thirds by a jury vpon the lands. place : of both which being soe devided the said Streeter's wife is to chuse which halfe of the plantation att Nansemund and which thirds of the other land she pleaseth to enjoy; the same only for her life: And Win. Burbage to take the remainder as heire att lawe, the charges of those divisions to be bearen according to each others proportions. In the difference between Carbery Kyggan and Wm. Hygfan vs. Norwood, It is ordered, That Kyggan pay the charge Norwood - of the jury and what was incident therevnto : but Specific per- ♦hat Norwood satisfie the said Kyggan 700 lb. of to- formance <>• ceo for damaires the said Kyggan snsteined in tho ereei 4(H) LAWS OF VIRGINIA. Writing de- livered up to be cancelled. house, orchard and the ffence belonging to the come ffeild, and that each partye since the said jury bear their own charges, And that Norwood deliver vp Kyg- gan's bill, it appearing alreadie satisfied, and make a firme conveyance of the land bought of him byKyggan to his heires and assigns for ever. Com'wealth vs Swann. Homicide per misadven- ture. Pardon grant- ed by the as- sembly, there being no chan- cellor or pub- lic seal in the colonv WHEREAS Leift. Coll. Tho. Swann at a sessions holden by commission from the Governour the second day of July last, in Surry County, accused &c -im- peached for the death of his servant one Elizabeth Buck, The fact found by the jury homicide per misad- venture whereby he is by law of England to sue out his pardon of course vnder the broad seale from the chan- cellor, ffor obteyning of which he hath now humbly addressed himselfe to the Governour and Councill — Vpon consideration thereof had Whereas this collony is not as yet settled with such officers as belong to passing such pardons and noe pub- lick seale being in the countrey,The Governour, Coun- cill and Burgesses of this present Grand Assembly conceive it sufficient to declare, That the said Thomas Swan be discharged from further trouble, and be re- stored to the like condition he was in before the said homicide per misadventure comitted by him, and that he may safely acquiesse herein as if his pardon had bin sued out formally. And as concerning his goods and chatties to be forfeited thereby, they likewise conceive and declare that the rigor and forfeiture hereof shall not be taken, and that he shall be acquitted for the same. BY THE ASSEMBLY : The Assembly desire to be informed whether legall proceedings were had in the tryall of Left. Coll. Tho. Swan by those judges appointed by the Governour's comission. ed. The legality being averred it is ordered to be record- CHARLES NORWOOD. Clk. Assent. MARCH, 1654-5— 6th OF COMMONWEALTH. 407 ORDERED that this Assembly be adjourned till Adjournment the I Oth day of March next, 1656, And in case any of assembl >- of the present Burgesses are now elected sherriffs the inhabitants of such countyes are to proceed to new elections. ATT A $ffiffi®ft^ held at James Cittie. KNOW all men by these presents, That I Sr. Wil- ^wm^m liam Berkeley, Knt. doe by these presents in consi- Berkeley to deration of the quantity of seaven and twenty thou- RicI V d B « n - sand five hundred pounds of tobacco to me in hand paid ^ us ° a * JaH the receipt whereof I hereby acknowledge and divers City, good causes and considerations me therevnto moove- ing give and grant, bargaine and sell vnto RichardBen- nett, Esq. Governour of Virginia and to his heires and assignes for ever all my right, title and interest that I have or may have in my house in James Cittie, lately in the tenure of William Whittby being the wes- termost of the three brickhouses which I there built : To have and to hold the said third brickhouse with the appurtenances and land therevnto belonging to the said Richard Bennett, his heires and assignes for ever. — And I the said Sr. William Berkeley further agree &: promise to make any further assurance in law vpon reasonable demand as by counsell learned in thelawes shall be thought fitt, In wittness whereof I have here- vnto sett my hand and seale the thirtieth day of March, one thousand six hundred ffifty five. WILLIAM BERKELEY: The Scale. Signed, scaled and delivered in the presence of vs, WILLIAM CLAYBORNE THO. BR.ERETON. STEPHEN GRAY. THOMAS ELLIS. Wm. WATERS. The 30th of March, 1655. ^ 408 LAWS OF VIRGINIA, Livery of sei- zin. LIVERY and seizin was the day and yeare above- written given and delivered to the said Richard Ben- nett, Esq. by the within named Sr. William Berkeley. Knt. of the House within named, In the presence ot vs, William Clayborne, William Waters, Thomas Brereton, Stephen Gray, Thomas Ellis. CHA: NORWOOD, Clk. Assem. ATT A held att James Citty, March 31, 1665, s» ' B: Clerks to give receipts for papers received by them. Ordered the Governour and Councill be as followeth :* EDWARD DIGGS, Esq. Governour. Coll. Wm. CLAYBORNE, Secretary and next in Council. Capt. John West, Coll. Sam Mathewes, Coll. Argoll Yardly, Coll. Thomas Pettus, Coll. Humphrey Higgison, Coll. George Ludlow, Coll. WilPm. Bernard, Coll. Bridges fireeman, Coll. Edward Hill, Coll. Wm. Taylor, Coll. Tho. Dew, L't.Coll.Obed Robins- Leift. Coll. Mathews, Capt. Henry Perry, Capt. Wm. Gooch. ORDERED that the clerke or clerkes of the coun- ty court in James Cittie, and all other courts within tins collony shall give a receipt of what draughts or writings they shall receive of any person or persons whatsoever. * This is the second election of Governour and Council, which appears to t have been made; since the existence of the common- wealth. Richard Bennett was elected the first Governour, on the 30th of April, 1652, (see ante pa 371) and held that office till U <■ election of Diges on this 31st of March, 1655, .MARCH, 1654-5— 6th OF COMMONWEALTH. 40ft ORDERED, That the comissioners of t e ount: Twodfettaet of Northampton sliall exercise judicature in two (lis- L^t^f-or tinct places of that county, That is to say, in the vp- holding courts per and lower parts, the middle devision to be Hun- '° Northamp ger's Creeke from the head thereof to the widow Billi- on's house, including the said house in the lower pre- Upper and cincts, and that the administration of justice shall be ,ower |KU,f - on the iSth day of every rnoneth in the vpper part and Court davs. the other in the lower part, And that the comissioners of the respective divisions sliall attend the courts held thereto according to the time and day within Jimit- ted. BY reason of the great inconvenience occasioned by Court to be the partition of the Isle of Wight county by Pagan ^shoTtsle Creeke, it is ordered that in each parish of the said f Wight. county a monthly court be held on the 9th day of every moneth successively each parish still continueing equally relative to the comissioners of the county in gtnnerall and that the com'rs. of each parish appoint places convenient for the holding of the courts afore- said. A®m m A&BBSBHLT. ACT I. FFOR the avoiding creditors' charges and trouble Attachment in recovery of debts, It is enacted, That all persons re- ^"i" 01 ' 17 -" 1 . affainst per- moveing themselves and families into any remote plan- sons removing tation northerly or southerly, and the said persons soe with their fa- removeing being ingaged to any person or persons re- j^ 6 ^^' sideing within that county or ueer therevnto from ments. whence they shall first remove, shall vpon warrant is- p xecu ,i oll to sueing out from the office against them personally ap- issue against pear, and not by attorney, and judgment once obtain- )[ lc " *>°<« e * oi 1 . ' . J ytjo tlic debtors ; ed against them: execution vpon non-payment to their wn oaretobe creditors shall issue against their bodies and their said impriaonedai bodies shall be forthwith conveyed to James Cittie, James Llty tliere to remaine till the debt be satisfied : Provided that this act extend not beyond one whole year from kin"**** * the time of his removeall. 3 D 410 LAWS OF VIRGIMA, ACT II. beWll^with" FF0R the better securing: the peace both of English in the English an d Indians, Bee it inacted, That no Indian or Indians bounds unless coming within onr lands or bounds shall be killed vn- chief miS * es the y tne saifl I ndians shall be taken in any act or acts of mischeife : No Indians to be enter- tained without license from theco'ty. court or 2 justices of the peace. Indian chil- dren, by leave of their pa- rents, may be taken as ser- vants,but must be educated and bro'tup in the Christian religion. And be it further inacted that noe person or persons shall entertayne or receive any Indians without leave first obteined from the countye court where such occa- sion shall be offered, or at leastwise from two comission- ers whereof one shall be of the quorum ; And that all Indian children by leave of their parents shall betaken as servants for such a terme as shall be agreed on by the said parent and master as aforesaid; Provided that due respect and care be had that they the said Indian servants be educated and brought vp in the Christian religion and the covenants for such service or services to be confirmed before two justices of the peace as aforesaid. Inhabitants exporting their tobacco not liable to any ciuty or custom. ACT III. Be it enacted, That no inhabitants exporting their tobaccoes out of this colony shall be liable to the payment of any taxe or custome whatsoever, notwith- standing any thing in any former act or acts provided to the contrary. FiCTS Of night of what metal soever, to pass at 5s. a piece. act iy.* FFOR the greater incouragemeut of manufacture and other trade be it inacted that all peeces of eight of what' mettle soever shall pass for currant and lawful 1 at five shillings per peece imediately after publication of this act and if any person or persons shall refuse any peece or peeces in or for any consideration tendred vn- * This art repealed at the next session. See ante ch. IV. pa. 397. The acts of March, 1655-6, having been placed before those of March, 1654-5, in the MS ; and both of them being- numbered sim- ply 1655, the mistake was not discovered till it was°too late to alter the arrangement MARCH, 1654-5— 6th OF COMMONWEALTH. to them, the said party so refuseing shall be liable to the censure of the next ensuring county court where such contempt shall be offered. 411 ACT V. BE it enacted, That the com'rs. of each county court nqthnrfoed to shall have authority to license ordinaries and tier- license tavern keepers and ferries. rves. ACT VI. BE it enacted by this Grand Assembly That all I- Irish ser- rish servants th?t from the first of September, 1653, vants bro't in have bin brought into this collony without indenture dentures"* (notwithstanding the act for servants without inden- above 16 tures it being only the benefitt of our own nation) years old to * serve o VfHrs * shall serve as followeth, (vizt.) all above sixteen yeares jf un d er " \q t0 ' old to serve six years, and all vnder to serve till they serve till 24. be twenty-four years old and in case of dispute in that behalfe the court shall be judge of their age. ACT. VII.* BE it enacted by this present Grand Assembly that all Burgesses shall be sumoned and elected in man- ner hereafter expressed, That is to say, that the sever- all and respective sherriffs shall within ten dayes after the receipt of such writts as they shall receive to that purpose cause the same to be published and by giv- ing notice of the same from house to house by the sherriff or this deputy to all persons interested in elec- tions, which he is to doe ex officio : And then and there also to publish and declare the certain day of the week and moneth for chooseing Burgesses to serve in the As- sembly for all accustomed places in the severall coun- tyes and parishes respectively. That at the day and place of elections the sher- • This art is numbered in the margin of the MS. 7, 8, 9, as three distinct acts ; but the subject matter not admitting of such division F have romprised the whole in one act Election of burgesses ; how tne time and place of election to be notified by the Sheriffs When and where held Sheriffs to attend the 4Ji! LAWS OF VIRGINIA, •lection a;id make returns lo the secre- tary's oHice of the persons elected by I lie subscription of the major part of the electors. Penalty. Qualifications of persons to be elected. Right of suf- frage to be exercised by all house- keepers, whe- ther free hol- ders, lease holders or other tenants. Pen alt j for voting-, not being qualifi- ed Rut one per- son in a fa- rnily to vote. riffs sImII take view of the said elections, and before the sitting of the Assembly make returne into the se- cretary's office, att James Cittie, of the persons then and there elected, by subscription and of the major part of the hands of the electors ; and that the sherriff who shall wittingly or willingly make any false return or neglect his duty shall incurr the pennalty of 10000 lb. of tob'o. That the persons who shall be elected to serve in Assembly shall be such and no other then such as are persons of knowne integrity and of good conversation and of the age of one &t twenty yeares — That all house keepers whether (freeholders, lease holders, or other- wise tenants, shall onely becapeable to elect Burgesses, and none hereby made vncapable shall give his sub- scription to elect a Burgesse vpon the pennalty of four hundred pounds of tobacco and cask to be disposed of by the court of each county where such contempt shaH bevsed: Provided that this word house keepers re- peated in this act extend no further then to one person in a (family.* One or two places to be Jet apart in «ach county, to which the rrade of the county and markets sir.'! I be wholly cbnfined. ACT VIII. An Act fur regulateing of Trade and establishing Ports and Places for JUarketts. TO prevent the great inconveniencies of trade and comerce in this coliony, the long demorage of shipps with the greate abuse of (forestallers whereby the poor inhabitants of this coliony are greatly impo- verished : Be it enacted by this present Grand Assemblies as fol- lowed) : That in every county respectively within this coliony there be one or two places and no more, ten miles distant forthwith appointed and sett apart by the comissioners with the consent of the inhabitants if it may be within the extent of one mile and a halfe or two * This act was amended by act XVI of the next session (see ante pa 403) and the right of suffrage extended to all free men. — See note to, act IV of this session MARCH, 1655-4— 6th OF COMMONWEALTH. 41a at the most vpoti one or both sides any small river or creeke within the same where the marketts and trade of the county shall be and not else where. That all shipps or vessells whatsoever arriving after ah ships or the expiration of this Assembly shall be conmnded & v,sse,s ie " r. , , , J . . striclcd to par- compeljed to make, vpon oath, a true entry, att the place titular pons and to the officer appointed lor that purpose, of theire appointed by shipps, vessels, and all their merchandises and servants th,8act - that are to be putt off, according to their severall bills of ladeing, and the boatswaines booke ; and that they and all the merchants and others haveing any of them Tomakeentry to sell shall be hereby enjoyned, vpon penalty of being on oath- adjudged fforestallers and to incurr the penalty there- Merchandise of sett by the iawes of England, before any vnshipping ,0 bt carried or vnlading thereof, to declare and accordingly to o ° f '^J^t '*" transport and carry the same to some one or more pla- hereby ap- ces of markett appointed by this act, and there to sell i»o"i ted - the same ; And be it further ordained, that all ffreedom of trade shall be maintained, and all merchants and Freedom of traders shall be cherished, and receive all lawfull as- U!U . le lo lje . , . . . , . maintained, sistance and incouragement, with due justice against & Ci their debtors, and for the dispatch of shipping; And that the act forbidding above fifty per cent, gaine in merchandise shall be repealed and void. CbmaVra. 1 in greeting And it is hereby further enacted and injoyned that be fined by all comissioners neglecting their assistance and dutves the gov. and required hereby shall be fmeable by the Governour and council i to *-. mi l -i -ii i make report. Council!, who are required especial! v to see the ac- ^, eomplishmeut of this act : And the said comissioners Ifar.fdoubt forthwith to certifye to the Governour and Council! f ri8e ?. to /1 b ff e " i c i i c j power iVUntv And if they find any notorious defect to remove the or- .^ ,, ( „ ,. u .. ■ plians to oilier guardians, As also for those that are dians. orphan bound apprentices to chance their master if he vse them a1 " 1 "PP" ati rigourously or neglect to teach them his trade. That such orphans as are not bound apprentices shall pi"** 1 * 8 no ' r II -• i • bound appren- attcr seaventeen yeares ol age have the produce of their tkestojiave owne labours and industry and to dispose of as they product of list, besides the maintenance from their guardians, JJjJJ ^fter li Allwaies provided that nothing be infringed. years of age, That no more be allowed to guardians for collecting Commissions of debts (\ue to the estate then what is allowed vsuallv guardians by merchants to their (factors or attorneys, or rather that so much in the hundred be appointed as shall seem reasonable to the court?. That thirty pounds of tobacco per day and no more Allowance to bn i*i • c A • . i* li appraisers oi e d lowed to each apprizer lor the appmement ol all ( ^ t; ,.,., estates if they will take it. That there be a regulation of excessive fluneral char- funeral . ,° ... , charges not to ges by the comissioners where nothing is mentioned be excessive. concerning them in the decedents will. ACT in. BE it enacted from henceforth that all money debts , Allmonej i-i i i ii i i i i i i i debts recover tnadein the colony shall be pleadable except only such ahlc except as were madein time of a former prohibition of money thosecontract- debts being pleadable (vizt.) from the 26th day of jjjjjj^g March A'o. 1643, to the tenth of October, A'o. 1649. duringafor-' As also all money debts which are or shall be made in merprobibi England for goods imported into this collony but not " on - otherwise ACT IV. .Igatnst Fraudulent Deeds* WHEREAS by the 15th act in March, 1642, Noestateia and also by the 15th of the 30th of Aprill, 1G52, la " : , s !°°* J r ' ■"' chattel * Act IV is the first act of this session inserted in the J requir- ed, is provision of Mullberry trees, Be it enacted and confirmed by this present Grand Assembly, that eveiie proprietor of land within the colLony of Virginia shall for everie one hundred acres of land holden in flee, plant vpon the said land tenn rnullberry trees, at twelve foote distance each from other, and secure them by weeding, and a sufficient ffence, from cattell, horses, he. between this and the last of December. 1G.58, and for everie tree that shall be wanting, or vntended in manner aforesaid >'.f the said proportion at the said last of December, 165S, he the said proprietor that shall be soe delinquent shall pay tenne pounds of to- bacco, one halfe to the informer, the other halfe to the countie v\ here the delinquent livelh, Provided that this act do not extend vnto orphans, vntil the expiration of two yearcs after their full age, and then if delinquent to be liable as aforesaid, And no person in planting more then his number, shall excuse any that hath plant- ed less, Provided allwaies that this act extend not to such proprietors as are not in actual! possession. (Hand. MS. Jef. MS.\ Person taking up estrays of horses or cat- tle, or lost bouts to pre- sent a particu lar descrip- tion within one month id the clerk • f the court. ACT IX. Concerning Stray Horses and Cattell. FOR rcmedie of the great abuse and wrong done in takeing vp stray horses, cattell and lost boats not onely in concealing of them, but in vseinge and em- ploying of them; to the hurt and damage of the owners, Be it enacted by this present Grand Assembly, that eve- rie person or persons that shall take vpp or keepe any stray horses, cattell or boates, shall within one moneth after the takeing vp, such stray horses, cattell or boates present a pellicular declaration in writeinge vnder their hands totheclerke of that county where the said boate, horses and cattell is taken vp, of the marks, stature. DEC. 1656— 7th OF COMMONWEALTH. 4si\ colour of the horse and cattcll, and proportion of the Rcn,rns t0 l,f boat, with what is found in her, and that the clarke is to record the same, and to make returne of all such re- cords to the next quarter court, which said returnes Penalty for not are to be recorded in the secretaries office; and for such desCTip every person not presenting as aforesaid shall pay two tion.&dn thousand pounds of tobacco, one halfe to the informer cle,ks f or not ■ ii i !• i /• i i ii recording. the other tothepublick vse of the county, and pay all reasonable costs and damages to the party greived, all clarkes makeing default herein shall be greivously lhisa ct "ouo o o «/ prevent the lo- amerced by the Goveruour and Councill. Neverthe- S aipr<>secu- iess this act shall not be interpreted to hinder the legall |io " of those c .1 l ii c ii who irlonious- prOSeCUtlOVI ot any person or persons that shall telloni- i v take or steal ausiy take or steale any horses, cattell or boats in this auy horses, collonie. (Rand. MS. cahte or boats. ACT X. WHEREAS bv a former act of Assembly priviledge Coun*iesto . . . t> pavtheexpen- was granted to any parish to send one or two rJurges- ses of their ses, and severall disputations ariseing therevpon, how burgesses; but the charges of the said parochial! Burgesses should be gu^u", defrayed, It is ordered that everie county shall pay foranyparti- the Burgesses usually sent from the respective conn- cu,ar purpose,- i i"-/. 'lin T"» such parish tit- ties as formerly, and it any parish shall return a bur- t [ ie ex , gesse for their perticuiar occasion, then the charge of pense. the said Burgesse to be levied in and by the parish that elected him. (Rand. MS. Bl. MS. Jef. MS.) Committee appointed for Reveiiv of the Acts* Committees appointed. Capt. Francis Willis, Chairman. For a revisa- Leift. Coll. Abraham Wood, of ,1,e laws ( oil. Geo : Reade, Mr. John Wilcox. * At tliis session a revisa! of all the laws was directed. They were accordingly digested into one volume, and passed at anas, lombly held in March 1657-8-rThe revisa! i< contained in L31 a< ■>-. ma i ..f which are well adapted to the existing Btate ■ >) the 'Oimtrv 422 LAWS OF VIRGINIA. For private causes. Members of council ap- pointed by the gov. and coun- cil, during the recess of the Assembly. Their ap- pointment confirmed. For Private Causes. Major Holt, Chairman. Mr. Peter Ashton, Mr. A nth. Wvatt. Capt. Ko : Ellison, Capt. Moore ffantlero} . Capt. Ralph Langley, Capt. Win. Harris, Capt. Win. Whittaker. Whereas the Governour and Couneill in respect of some emergent necessitie had made choice of Lei ft. Coll. Walker and Mr. Nathaniel Bacon to be added to the Couneill during the intervall of the Assem- bly, this Assembly takeing the reasons into conside- ration confirme their election and accordingly have consented. (Rand. MS. Bl. MS.) Voyage of dis- VPON the petition of Coll. Thomas Dew to be im- coveryof the p 0vveref j to make a disco verie of the navigable rivers navigable vi- ' . . . . „ TT j v, vers between to the southward between (.ape Hatterras and Lape Ca^eHatteras Feare with such gentlemen and planters as would p" d P !L voluntarily and att their owne charge accompanie him, feed. ' It is ordered that the said Coll. Thomas Dew be hereby authorized and impou ered to make the said discoverie. Provided it be done at the proper charge of the vnder- takers, and not at the cost of the publique, and in tffe absence or in case of the mortality of Coll. Thomae Dew, Capt. Thomas Francis is hereby invested with the like power. (Rand. MS. Bl. MS.) Sentence priV nounced on Coll. Edward Hill in relation to the Richa- Viccrians. DEBATE and consideration of the charge and de- fence of Coll. Edward Hill by the general and unani- mous assent and vote of both houses without any con- tradiction hath been found guilty of those crimes and weaknesses there aileaged against him and for the vin- dicating themselves from any imputation of his crimes and deficiencies have ordered that his present suspen- sion from all offices military and civil that he hath had or may have continue & be made uncapable of resti- tution but by an Assembly, and that he be at the charge of whats alreadie expended in procuring a peace with the Richahecriaus and if the Governour or Councel DEC. 1656— 7th OF COMMONWEALTH. 423 shall find any nearer way to effecting thereof that it shall be acted at the said Coll. Hills proper cost and charge. (BL MS.) WHEREAS a petition was presented to the hon'ble Tart of the Assembly by the Burgesses of the Isle of Wight coun- JJ^jSkfoJ,*' tie in behalfe of the inhabitants of Terrascoe neck added to isle and the Ragged Islands subscribed by divers of the of Wight said inhabitants expressing their desires to be taken out of the county of Vpper Norfolke and adjoyned to the countie of the Isle of Wight for their greater convenien- cy, It is ordered that the Governour be desired to no- minate a councellor who is to appoint a precize time and place for the comiss'rs. of each countye to meet him, and in case the said com'rs. cannot agree about Ho v to bp fixing the bounds of each county, Then the said coun- laid off. eel lor as an vmpire to putt a period to their differ- ences and the bounds by him or them then sett for the several counties to remaine for the future vnalterable, It being the opinion of the house that naturall bounds will be fittest for that purpose. (Rand. MS. BL MS. Jef. MS.) IT is ordered by this Grand Assembly that there be Pay of gov &, levied by the pub: annually the sume of twenty th.u- COa '> c,ld »»><»g sand pounds of tobacco, which is to be allowed for the accomodation of the Governour and Councill att James Cittie during quarter courts and Assemblyes. (Rand. MS. BL MS. Jef MS.) IT is ordered by the Assembly that twentie-five thou- Salary of the sand pounds of tobacco per annum be conferred on s overiu>I - the Governour which from time to time shall succeed in the government of this countrey towards his main- p er( ,„isitcs tenancein the said place, which is to be yearly levied out of the publique, And also that the dutys which Castle dutiei shipps were formerly vsed to pay to the Capt. of the ,mi ' 1 at ,he Castell be from henceforth paid to the Governour of this country, to he by them converted to their mainte- . nance in the government as aforesaid, And thatlycen- Ucc^ef ses for marriages and all other priviledgefl and comodi- ties enjoyed by the precedent Governours, be confirm- 424 LAWS OF VIRGINIA, ed to the present Governour with reservation of the castle duties to Coll. Clayborneof what shipps are al- readie entered or shall enter before the expiration of this present thirteenth day of December. (Rand* MS. Bl. MS. Jef. MS.) Ministers and <5 servants each, to be ex- empted from public levies. How examin- ed. FFOR encouragement of the ministers in thiscoun- trev and that they may be the better enabled to attend both publick commands and their private cures. It is ordered, T'hat from henceforth each minister, in his owne person with six other servants of his family shall be free from publiq'ue levies, Allwaies provided they be examined by Mr. Phillip Mallory and Mr. John Green, and they to certifye their abilities to the Governour and Councill, who are to proceed accord- ing to their judgement, (Rand. MS. Bl MS. Jef. MS.) Parish of Br is- i i may hold Courts, with the jurisdic- tion of county eo'rts. Appeals to Charles City or Henrico county. IT is ordered that the parish of Bristol] have power to keep courts within their said parish and to htare and determine all differences herein as at county courts which courts are to be kept by the comissioners dwell- ing in the said parish, but either ph. or defendant if they crave it shall have licence to appeale to Charles Cittie or Henrico county courts. ( Rand. MS. Bl. MS. Jef. MS.) Salary of the speaker of the house of delegates. IT is ordered that six thousand pounds of tobacco be allowed to Coll. flraucis Morrison, speaker of this house, for his loss of time and great care and pains taken about the publick busines. (BL MS.) salary of the clerk of the house of de- legates. Henry Ran- dolph ap- pointed clerk. IT is ordered that Major Charles Norwood, hereto- fore clerk to the Assembly, be allowed two thousand pounds of tobacco in full of all his arrears of salary; and the elk. place of the Assembly henceforth to be conferred on Mr. Henry Randolph to officiate therein as Major .Norwood hath done and to have the same salary, (Bl MS.) DEC. lti56— 7th OF COMMONWEALTH. IT is ordered that for this present year the com'rs. 4 bands of of the militia in every county endeavour to provide ^ „ c , r opor- four barrels of powder with shot proportionable for tionably to be each reeriment which shall be allowed the next year i )ro ^ dei1 *w „ V i • l t» ir tt i i j each rejrimt. out of the several county levies ; that Kob t. Hubbard f m iiit?a. for the care in attendance on the committee for revew Compensation of the acts have two thousand five hundred pounds of [Je^sirsof tobacco out of the levies of James City or York coun- t h e law* t}', Provided he write out the acts and orders at large and compleat them according to the direction of the committee and tret them ready by the first of March next. (El. MS. ) THAT Thomas Woodhouse for the quarter courts to 5£*. 1C setting at his house two courts and for the committee's Woodhouse accommodation have two thousand five hundred pounds JjJ*J *[• of tobacco granted him by the publick. (Bl. MS.) a t his house ; and the ac- — — cominodation of the com- THAT letters be sent unto Coll. Sam'l. Mathews £*£ t0 be and Mr. Beiinet that in respect the difference be- written to Ma^ tween us and the Lord Baltamore concerning our thews k Ben- bounds is as far from determination as at first, they de- "* b j e ° c " of the sist in that particular until further order from this disputed boim country. (B. MS.) Jj*j-* THAT George the Armenian for his encourage- , MM ^ t /»»iti • i ^ jIm-OIH age* ment in the trade of silk and to stay in the country to ment forma k follow the same have four thousand pounds of tabacco in S silk allowed him by the Assembly. (El, MS.) WHEREAS a petition was presented to the ho- U nii\ng°Sut- nourable Grand Assembly by Capt. Thomas Prit- meg Quarter chard in behalfe of the inhabitants of Nuttmegg to Denbigh. Quarters intimateing their desire by reason of their small number not longer to continue a parish of them- selves, but to be united to the parish of Denbigh, It is ordered that the comissioners the next county court make enquirie of the desires of the inhabitants, and it ♦he major part aeree vnto it&then ihev to be accompt- 3 r 4£« LAWS OF VIRGINIA. ed and be members of the parish of Denbigh aforesaid otherwise to remaine a parish of themselves as at pre- sent. (Hand. MS. Jef. MS.) Letters to be THIS day Coll. li'rancis Morrison was desired by the written by house to write two letters, one to his hierhness, the Col. Morrison . _. „ ~ ° ,,...'. tothcprotee- other to the Secretary of State, and Capt. Willis to tor fc secreta- draw up a testimonial for the Gov'r. (BL MS.) i»y of slate. Col. Ab'm. Wood appoint- ed command- ant of regiment in Charles City and Hen- rico, in room of Coll. Hill suspended. IT is ordered, that Coll. Abraham Wood be ap- pointed and made Coll. over the regiment of Charles City and Henrico countys in the room of Coll. Hill by this present Assembly suspended, and Capt. William Harris made Major of the said regiment being his due as the first Capt. according to the desire of the said Coll. Abraham Wood. (Bl. MS.) Col. Edward Diggs request- ed to act as gov'r. during his stay in the country. Col. Samuel IVlathewes, gov'r. elect to take place next him in council. Rank of Ed. Diggs in coun- cil after expi- ration of his time as gover- nor. Courts in Charles City county to be held on the South side of the river. ORDERED that Edward Digges, Esquire, being at present Governour, be requested to continue his office, and reteine the reines of government in his hands during his abode in the countrie, and in the in- terim Coll. Samuel Mathewes, Governour elect to take- place next him in the councill. (Band. MS. Bl MS.) ORDERED that Edward Diggs, Esq. Gov'r. after the expiration of his government do in the Councel take place next unto Coll. John West, Esq. (Bl. MS.) VPON the petition of Coll. Abraham Wood and Mr. Anthony Wyatt in behalfe of the inhabitants on the south side of Charles Cittie county, shewing the greate inconveniencies accrewingto them by reason of the courts being kept on the north side of the river, It is ordered that the place of keeping courts for the said county shall be on the south side of the river, at such place as the comissioners or the major part of them shall find most convenient for the ease and bene- firt of th** inhabitants. Hand. MS. Jef. MS. ) I DEC. 1656— ?th OF COMMONWEALTH. § 427 WHEREAS a reveiw of the lawcs hath been made Reruedlajw bv this Grand Assembly, it is ordered therevnon that to , ^ di?est " they be all digested into one volume, and that the volume same be presented to Leift. Coll. Walker, Coll. A- bra : Wood, and Capt. ffraneis Willis, who are desired as a comittee to compare the same with the originall by How and by March court next, and vpon their signing itpublicati- whora copied on to follow, And it is further ordered that Mr. Ro- JJStlSi. bert Hubert may have license to carry the originall booke of records home to his owne house to copie them out by. (Rand. MS. Jef. MS.) WHEREAS by petition of the inhabitants of the Kappahan- lower part of Lancaster county shewing their vast dis- " ° r C med°from tance from the countie courts was presented to the the upper honourable Assembh by Capt. Moore fl'antleroy and pa,t of L ™ theire desire of haveing the county devided, It is or- dered that according to an order of court devideing the said countie at present into parishes, be for the fu- ture the bounds of the two counties, vizt. The vpper part of Mr. Bennetts land knowne by the name of Naemhock on the south side of the eastermost branch of Moratticock Creeke on the north side the river be the lower most bounds of the vpper county ; The low- er county to retaine the name of Lancaster, and the vpper county to be named Rappahannock* county and notwithstanding this division both counties to be liable to the Burgesses charge of this present assembly. (Rand. MS. Jef MS.) [Here follow in the Rand, and Bl. MSS. a number of decisions in civil actions, and of petitions from indi- viduals for compensation relating to the late expediti- on against the Indians; but they are not of sufficient interest to merit insertion.] IT is orderered that Sr. Win. Berkeley be allowed Allowance to four thous'd. five hundred pounds of tobacco for cask Beik clever with the tobaccos upon the sale of- his house, It being hfe house. Thji it the find ' M "° »Hf nanM of Bappahamioel occuQ/ 42S LAWS OF VIRGINIA. according to the agreement though omitted by the clerk and that it be placed upon James City county. Agreement of 5th May, 1652, with the comm'rs. of parliament as to appoint- ment of offi- cers, continu- ed. BE it enacted, That the articles of agreement made the 5th day of 1652 with the comissioners of the parliament be renewed vpon the and here continued which is as followed). It is agreed &c thought best, government of this country be the Governour, comissioners, & That the right of election of all officers of this country be and appertein the Burgesses, the representatives of the people, And it is further for the pre- sent by the Burgesses, that in remonstrance of the con- fi that they have in the said comissioners, That the present election of all offic not already con- stituted be referred to the said Governour and comis- sioners, and that this their elections be not presidenti- all to any succeeding Assembly. (Rand. MS.) EDW'D. DIGGS. FRANCIS MORYSON, Speaker. [In the Bl. MS. the acts of this session are followed by the letters of the Assembly to the Lord Protector and Coll. Samuel Mathews, together with instructions for the honourable Edward Diggs, which are accurate- ly published in the second vol. of Burk's Hist, of Vir- ginia, pa. 116. J AT A HELD AT JAMES CITTIE, MARCH 13th, 1657-8.* 3dRevisalof the laws. [From a MS. received from Edmund Randolph, Esq. The MS. from which was once the property of Sir John Randolph, wh 'ch the acts who transmitted it to his son Peyton Randolph, Esq. were printed is after whose death, it was purchased, with hi" library, now in th e b> hy Thomas Jefferson, Esq. from whom it was bor- br ^ y ° a f t Con ' rowed, by Edmund Randolph, Esq.] Washington Major JOHN SMITH, Speaker. The Burgesses elected and returned by the sherrifis for the severall plantations to sitt and act in this present Grand Assembly were as followeth : For Henrico County. For Charles Cittie County. Major Wm. Harris. Mr. War'm Horsmenden, Capt. Robert Wynne. Mr. Btnk. in his History of Virginia, vol. 2, pa. 118, sayS that of the transactions from the period of which he was speaking (1656) to the restoration (166U) <: there is an entire chasm in the rus. Tt is to be regretted that the MSS. to which this author had access, did not furnish him with the documents which this pub- lication so abundantly supplies. In no portion of our history dur- ing tin' commonwealth, have the materials been so copious, as 1660. Besides an entire revision of our laws in 1657- K, comprised in one hundred and thirty-one acts, and adapting them to our republican institutions, various other proceedings of the as- M\ prove, that at no former period were the civil and religious rights of the people so well secured (if wc except the act : for (oppressing the Quakers,' passed after the election of Sir William Berkeley, governor, in March, 1659-60,) or justice and humanity oeighboi didians. so sacredly regarded. In the very first act <>t this session, for settling the church government, instead of enjoining obedience to the doctrines and discipline of thechorcli ol England, as had been invariably the case in all former upon this subject, no «uch injunction appears *~*n 'b^ rrvn 4&J LAWS OF VIRGINIA, 'For James Citty County, tapper Norfolke\ County, Mr. Hen. Soane, Leift. Coll. Edw'd Carter, Major Richard Webster, Mr. Thomas ffrancis, Mr. Thomas Loveinge, Mr. Giles Webb. Mr. William Corker, Lower Norfolke County, Surry County. ^ J(>hn g.^ Lev't. Coll. Thos. Swann, Major LemueH Masonn. Mr. William Edwards, Major Win, Butier, Elizabeth Cittie Countie. Capt. Wra, Cawfeild, ,« . wu* r Major William, Mr. John Powell. trary, all matters relating to the church, the ministers and other parochial affairs, are left at the entire discretion of the people. During this period a severe conflict arose between the two branches of the eovernment, as to the constitutional power of the governor and council to dissolve the assembly. A dissolution of the house of burgesses was ordered by the governor and council ; but they pc- l'emptorily refused to be dissolved, and passed a resolution de- claring that any member who should depart from his post, should be " censured as a person betraying the trust reposed in him by his country." Several other resolutions equally display the republican sentiments of the assembly ; and the firmness of its members. They took an oath of secrecy ; passed an order directed to the high sheriff of James City county, commanding him in the name of the Lord Protector, to obey no warrant or precept directed to him from any power, except the speaker of the house of burgesses, and finally declared " that they had in themselves the full power of the election and appointment of all officers in this country, until such time as they should have order to the contrary, from the supreme power in England ;" and that they were " not dissolvable by any power yet extant in Virginia, but their own." The house of bur- gesses had a complete triumph. They declared all former elections of governor and council null and void ; re-elected coll. Samuel Mathewes, by whom, with his council, an attempt had been made to dissolve them ; and prescribed the mode of electing the governor and council in future. t In Mareh, 1645-6, (See ante pa. 321) the name of " Upper Nor- folk" was changed to " Nansimum ;" since which time the county of Nansimum and not Upper Norfolk appears to have been regular- ly represented in the grand assembly. In this and several of the succeeding assemblies Upper Norfolk has resumed its name and Nansimum disappear* MARCH, 1657-8— Sth OF COMMONWEALTH. 4J1 New Kent County. William Blacky. Gloster County. Warwick County. John Smith *Sp'ker, Thomas Davis. Yorke County e. Leift. Coll. Anth. Elliott, Capt. Thomas Ramsey. Mr. Jeremy Hain, Rappahannock Countie. Mr. Robert Borne. Mr. Thomas Lucar. Lancaster County. Coll. John Carter, Mr. Peter Montague. Isle of Wight County. Northumberland Countie* Mr. Peter Knight, Mr. John Haney. Northampton Countie. Mr. William Kendall, Mr. William Mellinge, Capt. William Michell, Mr. Randall Revell, Mr. John Willcox. Major John Bond, Mr. Thomas Tabenor, Mr. John Brewer, Mr. Joseph Bridger. WHEREAS it appeares by act of Assembly held Recital of the at James Cittie in May, 1652, That it was agreed vp- provisional on and thought best by the then comissioners for the ? overnment - parliament, and the Burgesses of the then assembly, That the right of election of all officers of this collony should be and appertaine to the Burgesses, the repre- sentatitives of the people, Now know yee, That wee the present Burgesses of this Grand Assembly have ac- cordingly constituted and ordained the severall persons vnder written to be the Governour,f Councill &t comis- sioners of this country of Virginia vntil the next As- sembly or vntilll the further pleasure of the supreame power in England shall be knowne. Cart of the manuscript having been torn ofl' the title of these members is obliterated ; and by the same accident some words of the last act in the preceding session are necessarily omitted. t This was th<. third election of Governor and Council, under the Commonwealth. Richard Bennett was elected on the 3llth of April, 1662, (see ante pa. 371;) Edward Diggs, on the 31st of March, M56, (see ante pp. 4<>8 :) and SarnueJ Matt!" • ■ this 13th of March, 1657-8 433 LAWS OF VIRGINIA. The Honourable SAMUEL MATTHEWES, Esq'r, Governour and Captain General! of Virginia. RICHARD BENNETT, Esquire. Coll. Wm. CLAIBORNE, Secretarie of State. Coll. John West, Lev't. Coll. John Coll. Thomas Pettus, Coll. George Coll. William. Bernard, Coll. Abraham Wood. Coll. Thomas Dew, Coll. John Carter, Coll. Obedience Robins, Mr. Warm. Horsmenden, Capt. Henry Perrie, Lt. Coll. Anthony Elliotte. Theise three last not to be sworne vntill the de'solu- tion of the Assembly. The preamble to the Acts of Assembly made by a Grand Assembly holden at James Cittie, March the 13th. 1657-8. JJ5SM5 WHEREAS the acts of Assembly of this country through multiplicitie of alterations and repeales are be- come so difficult, that the course of justice is thereby obstructed and those that are by the lawes intrusted with power to execute them, may by such their vncer- tainety be drawne to comit vnwilled errors, This Grand Assembly takeing the same into their serious consideration have accordinge to the duty they owe to God, and the trust reposed in them by the countrey, endeavoured the remedie of the like inconveniencies by makeing a dilligent review of all the acts formerly in force, and have by theise presents enacted, That all acts be reduced into one body and after enterie thereof vpon the records, severall coppies sent into the severall counties respectively, And that those only here men- tioned and expessed be esteemed and bee the lawes only in force, for all officers to proceed by in their judg- ments severally or in the courts of judicature, willing also and requireing all people to take notice hereof and accordingly to yield their due obedience therevnto. MARCH i6.i7-8— 9th OF COMMONWEALTH, 433 ACT I. Church Goverment Settled. BEE it enacted by this present Grand Assembly con- Of the wsrr) ceminsr Church goverment as followeth, that all mutters m,ms,ers ' • •• 9 . . • i . . chmch-war- concerning the vestrey, their agreements with their dens, poor and ministers, touching the church- wardens, the poore and parochial mat- other things concerninge the parishes or parishoners S™i*t^°" r , /• i i • i • . r ,,p nave the respectively be referred to their owne ordering and disposal disposeing from time to time as they shall think fitt, That register bookes be kept by their appointments of all christenings, burialls and marriages and the mi- R . nisters only shall celebrate marriages and not without births, mar- lycense as formerly or theire publication of banes vp- riase* ami pon three severall daves shall be fined tenne thousand ( '* a,h . s - i /• i ii f i Marriages, pounds ot tobacco to ease the leavye of that comity : howcelebra No lycense to be granted without certificate vnder the t( " (l - hands of the parents, masters or guardians of the par- ties to be married ACT II. Against Drvnkennes, cy-c. THAT all good meanes be vsed in the severall Persons guilty tounlie courts and parishes respectively for the sup- of drunken- ~ . i- • r i i ii i ness, blasphe- pressing ot the odious smnes ot drunkenesse, blasphe- , noui cursing rious swearing and curseing, scandalous liveing in and swearing, adultery and fornication, And that all such person & * d ^Zl, am - J n , , |. . r fornication, in- persons of what degree or quahtie soever be seveerly capable of be- punished and erennerally to be held incapable of being; in S a w 't ncss , • J , .. a cu ' or of holding a wittnes between partie and partie, and ot bearing any blic 6 publique office in the goverment of this collony ; Hee office. that shall be three times convicted in open court of ei- ther of the said offences shall be accounted a common drunkard, swearer, &c. the first offence of drunkeness „ a 'j C t "" s iary ra " to be fiftie pounds of tobacco, the first olTence of swear- ing to be twelve pounds of tobacco, and for servants & Servants and people vnder age to be referred to the magistrates or minors how corn'rs. in the county courts to give them correction in ""mshed case the parents or masters refuse to pay the fine, The second offence theise mulkts and punishments to b»' doubled. 3 G 434 LAWS OF VIRGINIA, No journey to be performed on the Lord's day, nor goods laden, norguns fired. Penalty. Sdvants and others to at- tend church. ACT III. The Sabbolh to bee kept holy. THAT the Lord's day be kept holy, and that no journeys be made except in case of emergent necessi- tie on that day, that no goods bee laden in boates nor shooteing in gunns or the like tending to the propha- nation of that day, which duty is to be taken care of by the ministers and officers of the severall churches, &t by the comissioners in their places, and the partie de- linquent to pay one hundred pounds of tobacco or layd in the stocks, and to take care that servants and others do repaire to their severall churches everie Lord's day. Lnns of Eng land against bigamy adopt- ed. ACT IV. Against Biggamy. THE lawes of England against biggamy or have- ing more then one wife or husband shall be putt in execution in this countrie. Process to is- sue from under the clerk's or secretary's hands, 01 by entry in the co'ty. court. Not to abridge the governor's power. ACT V. Warrants and Writts, how to issue. ALL warrants and other writts for suites in lawe shall ordinarielie issue vnder the secretarie or clarkes hand, either for quarter courte, countie court, or else by entery of actions in the countie courte, and the sher- riffes summons on the said actions as formerly and this to be vnderstood to be noe prohibition of the Go- vernours power. Divulgers of false news concerning th< present government ACT VI. Against Divulgers of False Newes. IF any personn or persons shall forge or divulge any false or dangerous news tending to the disturbance of the peace of this collony vnder the government now- established that vnles hee produce his author forthwith MARCH, 1657-8— 9th OF COMMONWEALTH. 435 shall by the next com'r. for the peace be comitted to t0 be f,nep found. 43S LAWS OF VIRGINIA, Preamble. Servants marrying without con- sent of master or mistress to serve one year after their re- spective terms. Free man marrying- a servant wo- man to pay double the va- lue of the ex tra service. Man servant committing fornication with a woman servant to serve her owner one year or pay 1500 lb. to- bacco, and give security to indemnity the parish against the ej nouses of the child. Free man get- ting a bastard on a servant woman, how punishable. ACT XIV. Concerning secret Marriages. WHEREAS many greate abuses and much detri- ment hath been found to arise both against the lawe of God and likewise to the service of many masters of ffamilies in this collonie, occasioned through se- cret marriages of servants, their masters and mistresses not any waies made privie thereunto, As also by comitting of ffornication ; for the prevention of the like abuses hereafter, Bee it enacted, and confirmed by this Grand Assembly that what servant soever hath since January, 1656, or hereafter shall secretly marrie with any maid or woman servant without the consent of her master or mistresse, (if she be a widowe) hee or they soe offending shall in the first place serve out his or their times with his or their master or mistresse, and after shall serve his or their said master or mis- tresse, one complete yeare more for such offence comit- ed, And the maid or woman servant so marrying with- out consent as aforesaid shall for such her offence to her master or mistresse serve one year after her free- dom by indenture, And a freeman so offending shall give satisfaction to the master or mistresse by doubling the valew of the service. And it is also further enacted and confirmed by the authoritie of this Grand Assembly that if any mans' ser- vant shall hereafter com it the act of ffornication with any maid [worne outf] appointed in like cases give satisfaction for the loss of her service to her said master or mistresse by his ser- vice of one compleat yeare, or pay fifteen hundred pounds of tobacco and give securitie to save harmeless the parish and her said master or mistresse, and de- fraye all charge of keeping the child, And a freeman so offending shall for his offence pay fifteen hundred pounds of tobacco or one year's service to the master or mistresse of the woman or maid servant of whom hee t So in MS.— See act XX of 1642-3, ante pa. 252, of which this act is an amendment. — From the above act it would seem that the words torn out were " or woman servant, he shall for his offence besides tne punishment by law" MARCH, 1657-8— 9th OF COMMONWEALTH, 439 shall gett a bastard, As also give securitie to save the To give sccu- parish and her said master and mistresse harmelesse h JahithediUd defray all charge about keeping the child, And the woman servant so offendina;to suffer according to lawe, Punishment oi a i i j „! •».• /r • the woman. Also be it enacted that every person coimttmg fform- cation shall pay five hundred pounds of tobacco to the Fornication vse of the parish where the said act is comitted or be generally, • . * how punished whipt. ACT XV. Concerning Hireing of Servants. WHEREAS divers persons do enter into covenant Preamble with runnaway servants and freemen who have for- merly hired themselves to others, to the greate preju- dice if not vttervndoeing of diverse poore men thereby also encourageing servants to runnaway from their masters and absent themselves in some remote planta- tions, Vpon consideration had for the future preventing of the like injuries and vnjust dealings, Bee it enacted Penalty for and confirmed that what person or persons soever shall hirin g a nma . • i • i- i way servant or entertaine any person as hireling, or sharer, or vppon , Hlson tor . anie other condition for any time without certificate merly hired to from some comissioner of the place or his master that another w " n " »../•/• r • i ou t a certifi- ne or she is tree from any engagement of service, the cate tnat he is person soe hireing without certificate as aforesaid shall free from any for every night that bee or shee entertaineth any servant en g a £ enlen1 either as hireling or otherwise forfeit to the master or mistresse of the said servant thirtie pounds of tobacco and everie free man (by hee or shee entertained) for- merly hired by another as aforesaid, hee or shee shall forfeit to the party who had first hired him thirtie pounds of tobacco for every night as aforesaid, And in all theise cases the partie hired shall receive such censure and p a rty lured punishment as shall bee thought fitt by the court, howpunwhed: Allwaies provided that if any such runnaway servants P|,,VI "" or hired ffreemen, shall produce a certificate wherein it appeares that they are free from their former mas- ters service or from any other engagement respectively, If afterwards it shall be proved that such certificate be counterfeit, then the receiver not to suffer according to the penaltie of this act, but such punishment shall be inflicted vpon the fforger or procureors thereof as the court shall think fitt. 440 LAWS OF VIRGINIA, ACT XVI. Against Runnaway Servants. Preamble. Pi oaltj on runaway ser- vants far the irst offence. For the iVi of- fence to be branded on the shoulder with (he letter E and serve double the '•::ne lost. Penalty for en- tertaining- them. Remedy for .servants com- plaining of harsh usage, or insufficient food or rai- ment. How to pro- reed. Power of courts. No servant to be ill ust d WHEREAS there are divers loyteringe runnawaies in this countrey who very often absent themselves from their masters service, and some times in a long time cannot be found, whereby their said masters are at great charge in finding of them, and manie times even to the losse of their yeares labour before they be had Bee it therefore enacted and confirmed, that all runna- wayesthat shall absent themselves from their said mas- ter's service shall be liable to make satisfaction by ser- vice at the end of their times by indenture vizt. double the time of service so neglected and in some cases more if the com'rs. for that place appointed shall find requisite and convenient, And if such runnawaies shall be found so to transgresse the second time or oft- ner, if it shall be duely proved against them, then they shall be branded in the shoulder with the letter R. and alsoe double their time of service neglected, and likewise double his time if at any time afterwards hee shall neglect, and in some cases more if the court shall think fitt. And be it also further enacted, That he or shee that shall lodge or harbor any runna- way shall pay thirtie pounds of tobacco for everie night as long as they shall be prooved to entertaine them, contrary to the former act about hireing of servants; And it shall belawfull for any servant giveing notice to his master, haveing just cause of complaint against their masters by harsh and bad vsage, or else for want of diett or convenient necessaries, to repaire to the next com'r. to make his or their complaint And if the said comissioner shall find by just proofe that the said servants cause of complaint is just, the said com'r. is hereby required to give order for the warneing of the said master or mistresse before the com'rs. in the se- verall countie courts, where the matter in difference shall be decided, as they in their discretions shall think Jitt, and that care be had that no servant or servants be misvsed by their master or mistresse where they -hall find the complaint to be just. MARCH, 1657-8— 9th OF COMMONWEALTH. 44i ACT XVH. No JLmunition to be Sent or Sold to the Indians. BEE it also enacted and confirmed, that what pe rson Person solim« or persons soever shall barter or sell with any Indian armsoram- or Indians for peice, powder or shott, and being there- n,u " l, j on tl ' of lawfully convicted, shall forfeite his whole estate, feits his whole The one halfe to the informer, and the other halfe to estate. the countie where such fact shall be comittecl : And be Lending such it further enacted, That what person or persons so- t0 ,l " liau > ix • i • .1 • ii i n i i i ,• •■ may be seized ever within this collonie shall lend any Indian either andapprbpi* peice, powder or shott, it shall be lawfull for any per- ated by ;un son or persons meeting such Indian so furnished, to ono take away either peice powder or shott, so as the per- son takeing it away, carry the same to some com'r. of the county and acquaint him therewith, which said comissioncr is herein' authorized to give possession to the informer of the said peice, powder or shott, so brought before him : And the said comissioner is fur- , ther required to make strict enquiry and examination missioner to find out such person as did lend or give such peice, powder or shott, to the Indians, and in case the said com'rs. or other com'rs. shall find any person by just proofe delinquent in the premisses hec or they are to binde over the partie to answer the same before the Go- vernour and council! the ensueiner quarter court, And „ , , -ii- ° i i • r re Penalty on .in such case the partie delinquent, for his first offence, person lend- shall forfeit two thousand pounds of tobacco, The one "»g for \ sheriff to < ii tnue in oiTn i more than one year in a county To render to the gov'r. ii council at March q'r court annual- ly, an account of public commands. T give good security ACT XX. How long Skerriffs arc to continue HEE it also enacted and confirmed, That no sherriff nor vnder sherriffe for the future do remaine, continue or execute the office of a sherriffe or vnder sherriffe any longer then one whole yeere in one countie, and the said sherriffe of everie county respectively is at everie March quarter court to bring in and yeild vp an accompt yeerly to the Governour and council of all publique comands comitted to their charge, at which time they are to be discharged, And alsoe that all she- riffs do give good caution to the county courts for the performance of the trust comitted vnto them. MARCH, 1657-8— 9th OF COMMONWEALTH. 443 ACT XXI. Noe Orphants'' Land to be Alienated. BEE it also enact* d and confirmed Cor future benefitt Co'ty. courts of all orphans, That the comissioners of the severall to P r °t tents be made without exact survey produced in the secretaries office as aforesaid. issue n ithout exact surveys ACT XXVI. Against Tradcing with Servants. WHEREAS divers ill disposed persons do secretly Preamble, and covertly trade and truck with other mens' servants and apprentices which tendeth to the great injurie of masters of families their servants being thereby in- duced and invited to purloine and imbezill the goods of their said masters, Bee it therefore enacted for redresse For trailing of the like disorders and abuses hereafter that what witn ;i|Iotl i«" ii i ii j I • i man's serv't. person or persons snail buy, sell, trade or truck with l mont j ls j m any servant, for any comoditie whatsoever without prfsonnrt lycenee or consent of the master of any such servant hee or they so offending against the premises shall suf- fer one monthes imprisonment without bail or main- prize and also shall forfeite and restore to the master And 4 times /•i • i ^ /• • i i £• i_ i • the value ol of the said servant tower times the value or toe things the article to so bought, sold, trucked or traded for. be paid. ACT XXVII. Councellors free from Levies. Members oi irr\ ■ lit- n j /i i i mi council and 11 is enacted by t/us present ixrand Assembly, i na5 teatithables each of the Council of State in this collony shall be exempted freely exempted from all publique charges and taxes for Church ' •"' them and ten tithables, church duties excepted. duties ACT XXVIII. Comissioners to lake Securitie of Shcrri/fes. „ u •J ~J Co ty courts BEE it also enacted, That the comissioners of the totakesuffi- severall counties respectively shall, before the admission of^herhrs'for of any sherriffes into their offices, take such securitie the perform- as they shall think fitt and sufficient of the severall ancedf their countie sherriffes respectively, for the performance of laHyVor'ti" lheirplaces,especially for the receiveingand discharge- collection and ing all publique duties and officers' flees comitted P a y| ncnt 0/ i-i f ii • t -f i -i • public taxis to their charge of collection, and if the said comis- and officer sioners respectively shall omitt the same, then they to fees or be lia be liable and respon c iblp for the same or anv part of ^i'^/'Ji,' 1 ' the same. sheriff 446 LAWS OF VIRGINIA, Preamble. Rates of wine ■ Mala- ga, Canary, Sherry, Mus- cadine, Tent, Alicant 60 lb. of iob. per gallon Madeira and Fayal 50 lb. French 30 lb. Engl, strong waters 120 lb. tob. per gallon. .Aqua vita? or brandy 60 lb. per gallon. Penalty for mixing or corrupting liquors. For exceeding the legal rates. Rates of li- quors to be fix- ed yearly by 'he assembly. ACT XXIX. Wines and Strong Waters Retailed, how to be rated. WHEREAS there hath bin a great abuse by the vnreasonable rates exacted by ordinarie keepers and retailers of wine and strong waters, Bee it enacted, That no person or persons whatsoever retailing wines and strong waters shall exact or take for any Spanish wines, ViZt. Mallaga, Canary. Sherry, Mus- cadine, Tent or Aligant above the rate of sixtie pounds of tobacco per gallon, And for Madera and ffiall wine above fiftie, and for all flrench wines above thirtie lb. of tobacco per gallon : and for the best sorte of all English strong waters above the rate of one hundred and twenty pounds of tobacco per gallon, and for aqua vitae or brandy above the rate of sixty per gallon, and if any person or persons retailing wines or strong waters as aforesaid shall fraudulently mix or corrupt the same, Vpon complaint and due proof made thereof before two comissioners, whereof one to be of the quorum, the said comissioners shall by warrant vnder their hands cause the constable to stave the same, And if any shall take more then such rates sett, they shall be fined dou- ble the value of such rates so exacted, and their rates to be considered on yearly by the Assembly according to the scarceness of the com modi tie or as the price of tobacco shall rise or fall. ACT XXX. Countie Courts imp oiverrd to grant Probats and Admi- nistrations.''' Preamble WHEREAS the estates of deceased persons in this collonie have bin much wronged by the great charge and expences which have bin brought in by the admi- nistrators thereof, vpon pretence of their attendance at James Cittie, and the distance of their habita- tions from thence, for remedie whereof, and because the abuses may be the better knowne and prevented in the place where the decedent dwelt and the estates * See act IX of November, 1645, (ante pa. 302) of which this is "i amendment MARCH, 1657-8— 9th OF COMMONWEALTH. 447 belonging to orphans and absent men the better pre- Administra- served, Be it enacted that administrations may be grant- L^anteTby ed at the county courts, where such person or persons coty. courts did reside or inhabitt ; and probate of wills there made where the and wills recorded together with the appraisements, dwelt. inventories and accompis belonging to the same there Apprais< examined and allowed, and accordingly as the comissi- pwntM&c- <. , . . iV? • how allowed oners ol the said county courts shall se cause to give Certificates certificate to the secretary's office at James Cittie, for from county a quietus est to be given to the adm'rators of course, " ur ^{-° ql Be it also enacted that vppon judgement against the es- quietus. tate of any deceased persons, no execution issue against On a judg-m't. the person or proper estate of the executor or adminis- efep"t 01 a a S trator before a devastavit, that is waste, be proved such, no ex- against him. ecution to is- sue against ^^^ his own estate till a devasta- vit be proved ACT XXXI. Orders of Courts and Proclamations not to contradict an Act. IT is enacted and confirmed that no act of court or No 0,der of , . i i /♦ • i j- court or pro- proclamation doe herealter enjoyne any obedience c i ama tion to contrary to an act of Assembly. contravene a law ACT XXXII. Judgement before a Cornissioner.* BEE it alsoe enacted for the lessening expence and Jodgmt. may trouble in courts that if any person or persons will uya cknow- acknowledge vnder his or their hand or hands a judg- ledgm't in noent for his or their just debt or debts and the same ^ vntm S> and ** thf* sumo be- be recorded by the clarke of the countie court before \ n g recorded one of the comissioners of the quorum, in a booke to by the clerk be kept for that purpose, then such judgment shall be °^ h ( e 1°""^' equally binding as if given by the court, and execution ; , magistrate, to issue accordingly, and the dark's fee for cntringsuch execution judgment to be tenn pounds of tobacco, and for an au- cUtftofei thentique copy fower pounds of tobacco. •Taken from act XI of .November. 1645 — See ante pa 304. 448 LAWS OF VIRGINIA. ACT XXXIII. Certificate of Judgment. .mil- tin one BEE it alsoe enacted that a judgment being entered comity, how | u mi y f t|, e county courts and certified vnder the fssne"in°" l ° darks hand into an other county, Judgment} shall there another issue, as if judgment had bin given in the said county. "Sheriff to t;ikr bail on arrests. Consequence of failure, or ■f permitting «an escane When sheriff or bail may have attach- ment against 'he principal. How sheriff or bail may dis- charge them- S elves. ■Courts to be punctually held. JCxtra courts. Courts to Appoint their •own clerks. ACT XXXIV. Sherriffs to take sufficient Baile.]. BEE it hereby enacted that all sherriffs shall take sufficient baile of all persons arrested with this con- dition to bring forth the partie arrested, or performe the award of the court, and if the sherriff shall neglect to take sufficient baile of the partie arrested or other- wise consent to be the cause of his escape, Then the said sherr: shall bee liable to pay the award of the court him self e, and the sherrifle if he require it shall have an attachment against the estate of the partie ar- rested, and judgement the next court following; but if the partie arrested shall not appeare to answer the suite baile being given then judgment shall be awarded against the baile, and the baile so condemned, if it be required, shall have an attachment against the estate of the partie so arrested not appearing, and the court fol- lowing judgment therevpon, Alwaies provided that if the said sherrifTor baile at the next court after the first impleadingdo bring forth the body or goods of the said partie so arrested to satisfie the award of the court, then the said sherr: or baile shall be acquitted, And the convrs. shall be precisely tied to keep the daies appointed for their meeting by act of Assembly, and for no cause alter the same, but it shall be lawfull for the comissioners to hold courts at other times if occasi- on shall require, And it shall be in the power of the severall courts to nominate and approve the clarkes of t The word "judgment" here is clearly a mistake. It should be execution" — See act XIII of November, 1645 (ante pa. 304) from which this act is taken. i Altered from act XIV of Nov. 1645 — See ante pa. 305. MARCH, 1657-8-9th OF COMMONWEALTH. 44i. Their fees as the comity courts,* who are to pay the secretaire the formerly vsuall composition and fees as formerly, Provided none Existing ... , x . . , . . clerks not to that is clarke at present be putt out ot tins place, with- oe rem0V ed out manifest cause prooved against him. without good / came. ACT XXXV. Prisoners' Charges how to be raised. BEE it enacted and confirmed, That the charges and , CHminal /» /• /. • • 11 r v r i i i charges, when fees ol prisoners For criminal! causes lor hie and death t0 be paid by shall be defrayed by the severall counties respectively, the prisoner. where the (fact he was accused of was committed, wh ^" by thc in case the said prisoner shall be found guiltie, but if Expense of not guiltie of any accusation not tending to liis life, witnesses to he shall beare his owne charges, and discharge his c lJ^tv by ffees but the countie to pay the charge of the eviden- ces. ACT XXXVI. Accounts to be ballanced in Courts. f BEE it enacted for the avoideing of manie causeless Difcrorints L suites in lawe, That where any suite shall be coinen- setoffs, how ced either at quarter courte or county court, That if a,,owed the defendant have either bill, bond or accompt of the plaintiff, wherein he prooves him debtor, that in such case the court shall ballance debts, consideration and allowance being had for charges to him that be- No assjgnm'J gnnue the suite, as also to the time when such bills, Srhnoutthe bonds and accompts where due, to be compared to the knowledge oi accompts in ballance, Alhuaies provided that no debts ^ ot ," P artic *- I )*»ljjc opt Oil by bill or accompt whatsoever, be passed or turned o- must be of ver without the knowledge of both parties, and that the like na- the bill and acco't. be of the like nature and value. ,u,r & v: ' 1 '"' • By act XIV of Nov. 1645 (ante pa. 305) the governor was au thorised to appoint clerks of courts. f See act XVI of February, 1644-5, ante pa. 296— Act XI of March, 1645-6, from which this act is taken, with an amendment nt the end of the act. 1 1 450 laws of Virginia, Physicians and surge- ons, how com- pelled to de- clare, on oath, the value of their drugs and medi- cines. Courts may allow what they deem reasonable. Penalty on phisicians and surgeons for neglecting their patients or refusing assistance. ACT XXXVII. Chyrurgians Regulated.^ FOR the regulateing of the imoderate excessive rates and prices exacted by practitioners of phisick and chirurgery, Bee it enacted that it shall be lawfull and free for any person or persons where they shall conceive the account of the phisitian or chirurgeon to be vnreasonable either for his paines, druggs or mede- cines to arrest the said phisitian or chirurgeon either to the quarter court or county court where they inha- bit, where the said phisitian shall declare vpon oath the true valew, worth and quantity of his druggs and medecines administred to or for the vse of the plain- tifl'e, Wherevpon the court where the matter is tried shall adjudge and allow the said phisitian or chirurge- on such satisfaction and reward as they in their discre- tions shall think fitt, And it is further ordered that where it shall be sufficiently proved in any of the said courts that a phisitian or chirurgeon hath neglected his patient, or that he hath refused (being therevnto requir- ed) his helpe and assistance to any person or persons in sicknes or extremitie, that the said phisitian or chi- rurgeon shall be censured by the court for such his neglect or refusal). Public and county levies to be first se- cured by slie- rius before any private d -bt or fees. Penalty. ACT XXXVIII. No e fees to be received by the Sherriff before the Levie.% BEE it further enacted, That no sherriff or sherriffs whatsoever do receive his owne or other officers' fees, due or sallary or any other debt belonging to private persons before payment be made by the party of the publique and county levies, vpon the peunaltie of one thousand pounds of tobacco for everie sherriffe or sheriffs that shall do or receive any tobaccoe contrary to the tenor hereof. t This was probably taken from the act of October, 1639, which is recited and revised by act XV of March. 1654-6 — See ante pa 316. J Act IX of October, 1646, ante pa. 330. :. MARCH, 1657-8— 9th OF COMMONWEALTH. 451 ACT XXXIX. (Concerning Land in Jive yeares possession without claimed WHEREAS sundry suites, controversies and de- bates in lawe have bin and dayly do arise about elaimes and titles to land to the great impoverishing of divtrs personsf for remedie and redresse of the like in- conveniencies hereafter and for the better establishing the rights and possessions of the inhabitants, Bee it en- acted that all persons whatsoever that have or doe pre- tend any title to any land shall prosecute their claime before the said land hath bin peaceably enjoyed ffive yeares, otherwise it shall be a good plea in barr for the possessor of such land claimed or pretended, to affirme he hath had peaceable possession without claime by comencement of suit, and prosecution to judgment to the time limitted by this said act, which shall be ac- compted a sufficient confirmation to the said possessor, and shall conclude the claime and title of the preten- der ; And this act is to extend to all such that have not prosecuted their titles within ffive yeares since the sixth day of October, 1646 — Alhoaies provided that the limittation of ffive yeares in this act expressed shall not barr orphans from their titles, nor women vnder co- vertt, or persons of not sound romy satisfaction to their creditors, by the appraisement of surrendering- , ii ii ,• property to two honest persons, one to be chosen b\ the creditor, their creditors the other by the debtor, such creditor shall be compell- to be rajued ed to accept of the same as satisfaction for their debt.nnd '' v f. ""."" mu " ' . ' tuallv chosen where two appraisers chosen cannot agree in such case or their um- the two next adjoining comissioners to determine the p'»' e<; valew of the goods vnder appraisement, and satisfac- ^debtor ' at tion to be given the creditor, where the estate of the shall not he at debtor remaineth, Provided* that this law do not ex- liberty to pive tend to releive any person or persons whatsoever that '$ his estate by his owne choice of what parte hee pleases of his es- hepiease$;but Jaken from act VIII of November, 1647, *nte pa 346; but the proviso bas lieen added to this act 454 the sheriff to seize any part. In case of disagreem't. between she- riff k. debtor 2 justices to decide. LAWS OF VIRGINIA, tate shall claime the benefitt thereof, but that the sher- riff shall be bound to make seizure of any parte of the estate of such debtor, in choice whereof the sherriffe is to proceed indifferently to either partie, according- to his oath, and in case of difference between the sherriffe and debtor, two comissioners or more to determine thereof. ACT XLIV. Neglect of Comissioners Jineable. [This is the same as act XVII of Nov. 1647, (ante pa. 350) with the transposition of a few words only.] ACT XLV. Against Hoggstealing. [This act is in the very words of act XIX of Nov. 1647 (ante pa. 350.) except that the last clause in that act, repealing a former one, is omitted in this.] Tunable per- sons, who. Ail imported male servants of whatever age. All negroes imported and Fndian ser- vants, male or female, 16 years old. Native chris- tians and free persons im- ported under 16, excepted. Lists to be presented to clerk of co'ty. court, and there record- ed. U'hcn. ACT XLVI. What Persons are Tithabh. BEE it enacted for the prevention of the greate abuse vsed by presenting of imperfect lists, that all male servants hereafter imported into this collony of what age soever they be, shall bee brought into the lists and shall be liable to pay countrey levies ; and all ne- groes imported whether male or female, and Indian ser- vants male or female however procured, being sixteen years of age, to be listed and pay leavies as aforesaid j such christians onelie to be excepted as are natives of this countrey, or such as are imported free either by parents or otherwise, who are exempted from levies be- ing vnder the age of sixteen years, And it is further enacted, That everie master of a ffamily shall present a true list of his ffamily by the names of all the titha- bles therein to the clarke of the county court to bee re- corded, who is to doe it (ex officio) wherein hee liveth, between the first day of June and the last thereof, vp- MARCH '557-8— 9th OF COMMONWEALTH. 455 on the penalty of paying treble duties for everie person Treble tax for left out ; or if they shall neglect to present their lists tiu!aWe Dg a as aforesaid, then to pay treble for the whole ffamily ; For not re and if the clarke shall neglect to record them, to be turuiug a list fined at the discretion of the comissioners; and if any \™ e ^^j* £". dispute arise about the age of any tithable, the court mily. to be judge ; and this act being of such gennerall con- Penalty on cernenient to be sett vp at the courte door for everie a^L, how as- one tO take notice of. certained. This act to b« ■—■— — set uf>. ACT XLVII. Judgement of a Debt bpfore one or more Comissioners, attested by them. IT is enacted that the confession and acknowledg- Where a debt ment of a debt by the debtor vnder his handljefore any exceeds not comissiouer, shall be accompted in lawe in the nature 400 ib. tob. and quality of a judgment, soe as the writing be attest- judgm't. may ed by the said comissioner vnder his hand, and execu- tion shall therevpon issue, in case the debt be not paid according to the tenor of the writeing, being attested writing at- as aforesaid, Provided that the debt exceed not the va- { es *? db y hiw /Y» •• /V 11 1 ' n "' le mar) - lue of mve pounds sterling or flower hundred pounds n cr judgmt of tobacco; and in case the acknowledgement of the to any amo't debt be made as aforesaid before two comissioners and Jjjjg^dbefori attested by them as aforesaid, then the judgment shall 2 commission be binding and the execution therevppon shall be legall, c,s - , . ill c 1 \ 1 • To be re being once payable md due, of what valew soever, ei- corded fhe ther in money or tobaccoe the debt shall be; Provided next county the same bee recorded the next county courte. court be confessed before a com- missioner in ACT XLVIIF. 'Indians not to be assigned over. IT is enacted that in case any Indian do dispose of i U diaa chil his childe to any person or persons whatsoever, ei- dren confide.' ther for education or instruction in Christian religion, ^/^'"jj/ or for learning the English tongue or for what cause p0 se what- soever, those persons to whom such childe shall be ever, not to be disposed shall not assigne or transfer-re such Indian transfcrred child to any other whatsoever, vpon any pretence what- 45fj LAWS OF VIRGINIA, Such Indian soever of right to him or any time of service due from be'free at 25 n ' m ' *^ nd ** ts f urt ^er enacted that such Indian childc shall be free and at his owne disposall at the age of twenty five yeares. Dimensions of tobacco hogshead?. Penalty for exceeding the| lesral size. For making casks of tim ber iiot sea- soned. ACT XLIX. The size of Tobacco Caske. IT is enacted. Vpon the complaint of divers masters and merchants of shipps against the incertainty and extraordinary size of caske, which hath bin very much prejudiciall to them, that a certainesizeof all to- bacco caske of Virginia hhds. shall be as followeth, vizt. ffourtie three inches in length and the head twentie h sixe inches wide with the bulge proportionable ; and whosoever shall make caske of a greater size shall pay vpon proofe made to any court, if hee be a freeman, (otherwise his master or mistresse that imploies him) three thousand pounds of tobasco, the one halfe to the informer, and the other halfe to the countey where the caske is made, and if any caske shall be made of tim- ber not well seasoned then such caske to be burnte. Co'ty courts to fix rewards for killing wolves, at their own discretion. ACT L. Countie Courts to levie Rewards for killing of Wolves. WHEREAS great complaint is made of the fre- quent and many injuries done by wolves to the cattell and hoggs of several! inhabitants, It is therefore thought fitt and enacted by this Grand Assembly for the better encouragement of those that kill and destroy wolves, that the com'rs. of the severall counties shall hereby have power to advance and augment the reward appointed for killing of wolves, to such quantitie of to- baccoe as to their discretions shall be found fitt and reasonable. ACT LI. Indians to be first served with Land. No grams to BEE it enacted by this present Grand Assembly issue till a t j )at t i iere be uo g rants f i anf ] t o any Englishman MARCH, 1657-8— 9th OF COMMONWEALTH. 457 whatsoever (de future) vntil the Indians he first served certain pro with the proportion of ffiftie acres of land for each bow - [ZTZ aflot. man ; and the proportion for ear 1 1 periicular towne to ted toeach lie together, and to be surveyed as well woodland as bowman-oi clecred ground, and to be layd out before patterned, prfJnegTo with libertie of all waste and vnfenced land for hunt- allwasfc ing for the Indians, And be it further enacted that where lru1 ' 1 ;- '"' the land of any Indian or Indians bee found to be in- |' n '>' eluded in an}' pattent allreadie granted for land at Rap- lands incfodi id Assembly, that no officer or officers shall from henceforth execute any writt or warrants vpon any person or persons in time of exercize or v.m~ 'er for that day, nor on the Sabboth day. day. ACT LIII. Indians to Kill Wolves. WHEREAS of late yeares the wolves have mul- Indians to b< titdied and increased exceedingly to the create losse < ">i> | °y e<1 b >' it r rni • y* / i comm rs. ol and decrease of cattell and hoggs lias u rami Assem- c <,'ty. court* '>ly doth therefore enact and declare, And b<> it hereby ^ kill enacted and declared that the comissioners of each vv " ves countie courte respectively shall take order for the destroying them in what way they shall best agree, r?T T {i ed by imploying Indians or otherwise, Provided they armed with arme not the Indians with English urines and gunns ••».' ; contrary to act of Assembly. 3 K 45fe LAWS OF VIRGINIA, Sufficient fences to be made, four feet and a half high ; otherwise the owner of the land to have no redress for trespasses ; k, liable to the owner of the beasts for hurting or in- juring them. And, for kill- ing them to pay the value and double damages. If the fence be sufficient, the owner of the land to have satisfac- tion. How fences to be viewed. ACT LIV. What ffences shall be sufficient* BEE it also enacted and confirmed by this present Grand, Assembly. That everie planter shall make a sufficient ffence about his cleered ground at the least fower foot and a halfe high, which if he shall be defi- cient in what trespass or damage soever he shall re- ceive or sustaine by lioggs, goates or catell, shall be his owne loss and detriment, And also if it shall happen that any person shall hunt, anie of the said horses, mares, hoggs, goates or catiell that shall so offend and doe them harm he shall make satisfaction for any of them, that shall be so hurt to the owners of them, to be recovered within any court of justice within the collonie; And it is further enacted, That where any horses, mares, cattell or hoggs shall endamage any per- son for want of such ffence as aforesaid, and the par- tie damnified do wilfully kill or otherwise hurt so as the cattail, hoggs, horses or mares do die of such hurte, whether by doggs sett vppon them or otherwise, in such case the owner of the ground shall not onelie be liable to satisfie the value of such horses, mares, hoggs or cattell, but by vertue of this act be adjudged to satis- fie double the value of such horses, mares, hoggs or cattell soe killed to the owner of them, And further be it enacted that where the ffence shall be adjudged suffi- cient, vizt. ffoure foot and a halfe, high and close downe to the bottom, that in case any damage or tresspass be then done or committed to any person haveing such ffences, by either horses, mares, hoggs, goates or any other cattell whatsoever, the owners of such horses, mares, he. shall be liable to make satisfaction for their trespass and damage to the person injured in case the ffence he found by two honest men appointed by the next com'rs. to be sufficient. * Compounded of act V of March, 1642-3 (ante pa. 244,) and act XV of October, 1646, ante page 332, with amendments. MARCH 1657-8— 9tli OF COMMONWEALTH. 459 ACT LV. No blank Warrants* [Tliis aetis taken from act XXVII of March 1642-3 ; ante pa. 257.] ACT LVI. Noe Collonie Servants.* BEE it hereby enacted and confirmed that noe per- Servitude for son or persons whatsoever, for anie offence alreadie ^f^ 688 ' comitted shall be adjudged to serve the collonie here- after. ACT LVII. None to bee compelled to resurvey Land. [This act is a literal transcript from act XXXYIJ.I of March, 1642-3, ante pa. 262.] ACT LV1II. Holy dates in commemoration our deliverance from Mas- sacres. BEE it enacted and confirmed by the authorise of Holy days. this present Grand Assembly , That the two and twenti- eth day of Marchf and the eighteenth day of Aprill} be yearly kept holie in comemoration of our deliver- ance from the Indians at the bloody massacres the 22d day of March, 1621 and the eighteenth of Aprill, 1644, And that the ministers of everie parish give notice * This act seems to have been copied from act XXIX of 1642-3 (ante pa 259,) except that the words, " or to be committed," in- serted in that act, are omitted in this. t This holy day appears to have been first instituted at the March session 1623-4 (see ante page 123, act 4,) and the observant! of it has been repeatedly enjoined since — See ante page 177, 2u2, 26 i. t This holy day was first instituted at the February session 1644-0 See act IV, ante page 290 J GO LAWS OF VIRGINIA Old Virgini- ans, privilege* of. there'of to the parishoners the Sabboth day next be fore. ACT LIX. Old Virginians freed from Taxes.* IT is enacted and confirmed by the authoritie aforesaid, That all sach persons as were here or came in at the last coraeiog in of Sir Tho: Yates, -j- shall be exempted from their personal! service to the warrs and all pub- Ji'que charges, ministers duties excepted, not exempt- ing their {Families (excepting- such as shall be implored iu cheife.) ACT LX. Concerning tnkeing awaie of boates. [This net agrees verbatim with act XLIII of March, 1642-3, except that the word "leave" is used in this act in the place of " license" in that, and the word "if" instead of "and'" after the word "authorized." which occurs but once in the act.] Prisoners es- caping for want of syffi- cienl pi isons, the courts to be liable to the sheriffs. Expense of keeping the Protector's prisoners, how certified Xnd paid. ACT LXI. Pennalty for not Building Prisons. BEE it alsoe enacted and confirmed by this Gram. Assembly, That if any person shall happen to escape from the hands or custody of any sherrifle of the several] counties respectively for want of a sufficient prison in each countie, all such sherriffes shall find his remedie against the several! counties which shall be de- linquent in the building of prison ns, Jlnd it is alsoe en~ acted and confirmed that the said sherrifles shall bring an accompt at eyerie Grand Assembly of such charges and disbursements as are occasioned in their severall * Taken from act X of March, 1633-4, ante page 124 — Act XL) of February, 1881-3, ante page 172— Act XXXV II of September, Ifvi2. ante page 197 — and act XLII of March, 1642-3. with «ome variations. ' ;( tinted," in all. the former acts MARCH, 1657-8— 9th OF COMMONWEALTH. 461 counties by keeping the Protector's prisoners, and the said disbursments to be satisfied out of the publique charge. ACT LXII. Quarter Courts settled.* BEE it hereby enacted and confirmed for the preven- Q* r courts lion of much trouble to the Governour and Council], u "" sof - and charges to the inhabitants of this collonie by over long attendance on their suites at James Cittie, that the quarter courts shall beginne as followeth, vizt. March courte to beginne the 20th day of March, if Marcbterin it be not Sonday, if it be, then on the next day and to continue eighteen daies and Sundayes not to be ac- compted any of them. June courte to beginne vppon the flirst day in June Ju » c teim in case it bee not Sunday, if it be, then on the next day after and to continue tenn dayes and Sundaies not to be accompted any of them. The like for October court as for June court, The Oct. term, fourth court to beginne the twentieth da\ of iVovem- ?°y\ te ™; ber if it be not Sundaie ; if it bee, then on the next day practice. following to contain the number of daies as March Writs to ex- court doth; the causes of suites to be expressed hi the pre ? s causeoC it i i ii • • i action. writts which may he enlarged by petition between eve- Defendant to ry arrests and returnes of the writtes ; the defendant have ln ll;1 ) s to have ten daies time to provide himself?; No arrests ™° ^except to be made in court, except for the following court ; the foi the follow- writt to £oe i n the same tenor as formerly, The defen- m S court. dant vpon the return of the writt either by himst ■ i'e or y/\Us attorney to enter his appearance in a booke to be kept Appearance. for that purpose, And also to put in his answer vnder A » sw e r - his hand the third day of the returnes of the writts, The „ • •■• i \ l n\ i i .i Petition petition and answer to be tiled and remarne m the ^e- when U)hr cretaries office, The plaintiff to put in his petition vp- filed, on the day of appearance and in case of such neglect to Non-sun be nonsuited and the defendants costs awarded against him. " «<>«* act l.v of March, 1642-3, ante pag 462 LAWS OF VIRGINIA. ACT LXIII. Countie Courts Settled.* Terms of BEE it also hereby enacted that everie county court co'ty courts, respectively shall keep their courts respectively as formerly, six times in the yeare, and to beginne on the severall daies of the moneth as hath bin formerly vsed and is hereafter expressed, vizt. Henrico 1st Daie. Charles Cittie the 3d. James Cittie the 6th. Use of Wight the 9th. Nanzemund the 12th. Gloster the 16th. Lower Norfolke the 15th* Eliza. Cittie the 18th. Warwick the 21st. i r orke the 24th. Northampton 28th. New Kent 28th. Courts to be hold once in every two inonths or of- ten er upon emergency. To be called co'ty. courts, and comm'rs. to be called] comm's. of ••o'ty. courts, lurisdiction. Sums under 20s. sterling ■"oguizable before a sin- gle magis- trate, who may commit to prison for non-perform- ance. Which courts are to be held onre everie two months oroftener if emergent occasion shall require, and shall be called by the name of countie courtsf and the co- missioners to be stiled bv the name of the comissioiers of the countie counts; And for prevention of manie chargeable suites tending to the molestation and trou- ble of divers poor men, for pettie and triviall debts, It is thought jilt and enacted by this Grand Assembly, That no courts of justice within this colionie shall proceed to determine or adjudge or at all take cognisance of anie suite hereafter to be commenced for or concerning any debt vnder the value of 20s. sterling or two hun- dred pounds of tobacco, but in such cases the next ad- joining com'r. to summon the debtor or defendant by his warrant before him, vpon complaint vnto him made, and to determine the same by order in writeing vnder his hand, which order shall be bindeing, and in case of non-performance, the said comissioner is authorized to commit to prison the person that is refractory to such order as aforesaid. * See act LVT of March, 1642-3, ante page 272. t Before the act of March, 1642-3, ai < 273, theic court* were called "Monthly Court*." and the magistrates, " Commissi- oners of monthly courts " MARCH, 1657-8— 9th OF COMMONWEALTH. 463 ACT LX1V. Juries to beecmpannelledto attend the Countie Courtcs.\ BEE it also enacted and confirmed, that a jurie shall Grand juries i ii j • ..l ii ii i* 1 he einpa- be empannelled in the severall counties to attend the nellcd at ere- said courts, to receive all presentments and iuforma- ry court. tions and to enquire of the breach of all penall lawes and other crimes and misdemeanours not touching life or member, and to present the same to the courte. ACT LXV. Noe Mares nor Sheepe to bee Transported. Penalty for exporting IT is enacted that no mares nor sheepe be transport ed out of the collonie vpou such pennaltie as shall be mares and thought fitt by the Governour and Council!. sheep ACT LXVI. Free Trade to bee allowed. [This act is a mere repetition of act XIV of Februa v ry, 1644-5, ante pa. 296.] ACT LXV1I. The Secretaries Fees. BEE it further enacted and confirmed, by the au- Secretary <» thoritie of this present Grand Assembly that the se- cowt.bie'feei cretary's (Tees shall be as flblloweth, vizt. Imprimis For a pattent and recording it flbr a comission of administration Tobacco. 80 and recording it 60 /Tor a probat and recording it 60 For a comission to trade 50 ffor a deposition 15 \ Act XII of November, lf>45, (ante page 304,) only requited a grand jurv ai Murcli and MicUummer court! . 4t, ACT LXXI1. Confirmation of Indians' 1 Lund. WHEREAS many complaints have bin brought to Preamble this Assembly touchinge wrong done to the Indians, in takeing away their land and forceing them into such narrow streights and places that they cannot subsist cither by planting or hunting, and for that it may be feared they may be justly driven to despaire & to at- tempt some desperate course for themselves, which inconveniencies though they have bin endeavored to be remedied by former acts of Assembly made to the same purpose, Yet notwithstanding manie English doe still intrench vpon the said Indians' land, which this Assembly conceiveing to be contrary to justice, and the true intent of the English plantation in this country, whereby the indians might by all just and faire waies be reduced to civillity and the true worship of Indians to God, have therefore thought fitt. to ordeine and enact, hold the laa.i and bee it hereby ordained and enacted, That all the j ) l "^ t .' s '" W ,„,i Indians of this collonie shall and may hold and keep no person to those seates of land which they now have, and that no s,;Ull> <> n tha ' person or persons whatsoever be suffered to intrench ^"^ithout or plant vpon such places as the said Indians claime or leave from desire vntill full leave from the Governour and Coun- th( ' z ov - anri • ii i r i i -»r i • l councilor c.\\\ or com rs. for the place; let this act not to be ex- ,.,„„,„,, sion . tended to prejudice those English which are now seat- ers of the ed with the Indians' formor consent vnles vppon fur- i ,lace ' 10* LAWS OF VIRGINIA, Proviso. Responsibility of commissi- oners. Indians to be assisted in removing to vacant hauls. Not to sell their lands except at q : r. courts. Settlers near the Pamunkies &. Chickaho- minies recall- ed. Permission to Indians to hunt. Exception. Patents con- trary to this act, void ; and none to be valid which in- cro aches on Ind's' lands. tlier examination before the Grand Assemblie cause shall he found for so doeing, And the said com'rs. shall be accomptable before the Governourand Councill and the Grand Assembly if any wrong or injurie be done to the Indians contrary to the intent of this act, And be it further enacted, That the Indians as either now or hereafter shall want seates to live on, or shall desire to remove to any places void or vntaken vpp they shall be assisted therein, and order granted them, for con- firmation thereof, And no Indians to sell their lands but at quarter courtes, And that those Eii^lish which are lately gone to seate neare the Pamunkies' and the Chichnminyes on the north side of Pamunkie river shall be recalled and such English to choose other seates else where, and that the Indians as by a former act was granted them, shall have free liberty of hunt- ing in the woods without the English fenced planta- tions, these places excepted between Yorke river and James river and between the Black water and the Ma- nakin towne and James river, and noe pattent shall be adjudged valid which hath lately passed or shall pass contrary to the sense of this act, Nor none to be of force which shall intrench vppon the Indians' lands t© their discontent without expresse order for the same. Lapsed laud not to be en- tered without an order from the gov. and council. First patentee may take up the like quan- tity elsewhere. Not to preju- dice vested rights. ACT LXXI1I. Deserted Lands to be taken vpp by Order of Court. BEE it enacted by this present Grand Assembly thai noe pattent of land shall hereafter pass vppon the pretence that the land is deserted for want of planting within the time of three yecres vnles an order be first graunted by the Governour and Councill for that se- cond pattent, whereby the land is adjudged soe to bee deserted : But this act shall not extend to forfeit the rights of the first pattent adjudged deserted, but thai the owner of those rights may take vp the like quan- tity in any other place or places though not the same, neither shall the first petitioner for any land de- serted be denied to have the first grant, and this act shall not be construed to extend to any land formerly deserted and allreadie granted and seated by ano- ther. MARCH, 1657-8— 9th OF COMMONWEALTH. 46 l J ACT LXXIV. ■*£ of *™ shillings a Concerning the Dutch Trade. hhd.forto-- ° bacco raised BEE it enacted by this present Grand Assembly that ^?^ eof ■ all tobacco raised by sale of goods brought into this fa. shipped coontrey by Dutchmen the owners thereof shall be in Dutch ves liable to pay the custom of tenne shillings per hogshead ^J,^' for what is shipt in any Dutch vessell or in any other part of Ame vessell whatsoever bound for any part of America or rica else where, excepting such English vessells as are di- ^English * rectly bound for England, and any person or persons vessels bound whatsoever are to make oath, if it be required, what p ir ^ tly , t0 goods are brought in and what quantity of tobacco they oatiAo be shall shipp from tirce to time in any vessel whatsoever, taken. And the comissioners of the severall countie courts re- Dut y ot co,n ; , , . i . , missioners ol speetively are to take good care to prevent deceit here- county, in, And that those Dutch repaire to the governour, or How the en- whom he shall appointe to give a just accompt thereof ^^ b,; vpon the pennaltie of double the quantitie soe shipped Penalty foi if any deceit be found of what shall be justly due to fraud - this act, And this act is further explained that for the tend to^aii custom of tenne shillings per hogshead be as well vn- foreigners, *. derstood of all forreigners as of the Duch nation, and the dutie f r , , e^ ° ' conferred on •'onierred on the uovernour. governor. ACT LXXV. Comissoners to Ordaine Parishes. BEE it enacted by this Grand Assembly, That it shall Co'ty court- be lawfull for the comissioners of the severall counties ™"?^ oft not yet laid out into parishes, with the consent of the inhabitants thereof to devide their counties into par- ishes as by the major part of the said counties shall be agreed. parishes. ACT LXXV1. Encouragement for Staple Comodilies. FOR the better encouragement of the inhabitants for ).' ,e • i • <> i i- • • l- , . for the makeing of staple comodities in this colonic, ll( , |)s ,,, otl Bee it enacted by this present Grand Assembly that staple com what person or persons soever shall at any time here- JJjJJjJJj^ miumi for silk, 11 ax hops or othei «"«' LAWS OF VIRGINIA, after make in this collonie so much silke, flax, hopps or any other staple comoditie (except tobacco) as h worth two hundred pounds sterling, or English wheate to the value of five hundred pounds sterling in one yeare and exporte the same or cause the same to be ex- ported, or shall first make two tunne of wine raized out of a vineyard made in this collonie shall have given him by this countrey for an encouragement ten thou- sand pounds of Virginia tobacco. aates of arti- Wheate valued at five shilling per bushell. Silke at twenty shillings per pound, fflax at six pence per pound. Hopps at twenty shillings per hundred. vaiaedbv What other staple comodities shall be .raised to br ,, sen1 !,] ? valued by the Assembly. ACT LXXVII. Against False SiiUiarih [This act is taken verbatim from act II of Novem- ber, 1654, ante pa. 391.] ACT LXXVIII. Against Imploying Indians with Gunns. [This is a mere transcript of act III of November. 1654, ante pa. 391.] ACT LXX1X. Xorthampton Commissioners to take acknowledgment of Indians' Lands. [This is a literal transcript of act IV of Nov. 1654 ante pa. 391.] ACT LXXX. How Masters of Shipps to cdrrie themselves here. [This is a transcript of act V of November, 1654, ante pa. 392, with the omission of the words " at their pcrill." at the end of the act.] MARCH, 1657-9— 9th OF COMMONWEALTH. 471 ACT LXXX1. Concerning the Election of Shcrriffes. [This is a literal transcript of act VI of November. 1654, ante pa. 395.] ACT LXXXH. For avoiding Charge and Trouble to Creditors ii\ Seeking their debts. [This act is taken verbatim from act I, of March, 1654-5, (ante pa. 409,) except that in thp 5th line, the word " several 1 ' is used in this act before the word " person," where "any" is used in that act.] ACT LXXXIII. For preservation of the Peace with the Indians by En'- tertaining Indians without Leave. [This act consists of the 2d section only of act II ef March, 1654-5, ante pa. 410.] ACT LXXXIV. Concerning Ordinaries and Ferries. •a [This is an exact copy of act V of March, 1654-5, (ante pa. 411,) except that in this act the words "their" is introduced before the word " ordinaries," which is not in the other.] ACT LXXXV. Irish Servants without Indentures. [This act is substantially the same as act VI of March, 1654-5, ante pa.. 411,) except that at the end of the act these words are added, "and all aliens to be included irt this act." 472 LAWS OF VIRGINIA* Articles at the Surrender of the Countrie. [These were published ante pa. 363 & 365; that ar- rangement being most agreeable to chronological or- der.] ACT LXXXVI. ■ In Act of Indempnitie mad&utt the Surrender of tht Countrey. [This act is published, ante pa. 367.] ACT LXXXVII. Thefforme of PattentsJ* Patents to be That all patents be drawne vpp in a fitt forme re- rrcTcm d io- the ,atein £ t0 lhe Present government, And that till a seale vemment; and ma y be procured the Governour and Secretarie for the signed by the time being signeing the said pattents, they shall be ac- compted vallid and authentique in all courtes of jus- tice as any patents formerly granted vnder the collo- ney seale, And the like for alf things that hath vsually passed vnder the seale. gov. and sec'y till a seal be provided. ACT LXXXVIII. Against Fraudulent Dccds.j- No estate in BEE it enacted and confirmed, That no personn or or n chattekto P erson * whatsoever shall pass over by conveyance or otherwise any parte of his estate, whether lands or goods f This act was probably one of the articles of the provisional go- vernment, adopted in April, 1652, (ante pa. 371, 372.) It appears from an examination of the books in the Register's office, which formerly were in the office ofthe secretary, that many patents issued under the commonwealth's governors, long before the date of this act. t Altered from act IV of December, 1656, ante page 417.— See also act XII of March, 1642 3, (ante page 248,) for registering mortgages. " MARCH 1657-8— 9th OF COMMONWEALTH. 473 or chattells, whereby his creditors not haveing notice thereof might be defrauded of their just debts, vnles such conveyance or other deeds be (first acknowledged before the Govemour and Councill or at the monethly courtes Si be registred in a booke for that purpose, within six monthes after such alienation, And whoso- ever shall make over or alienate any part of his estate otherwise then is before expressed, the same shall not bee accompted nor allowed valid in lawe, And the said conveyance with acknowledgment made not to be held valid in lawe vntill fowr monthes after the said acknow- ledgment, in which time the creditor may have notice to make his objection against the same, if hee shall have cause therefore, or anie other personn who may have made to him a former conveyance of the said estate. pass unless the convey- ance be ac- knowledged in court, and registered within six months. Alienations otherwise made, not valid ; Nor shall such convey- ance, with acknowledg- ment, be valid, till 4 mouths after the acknowledg- ment ACT LXXXIX. Sealed Barrells.* BEE it hereby enacted and confirmed, That the co- missioners of everie monethly courte respectively shall seale all barrells brought vnto them, when they are therevnto required with the marke V(\ which barrells are to containe ffive bushells Whinchester measure that is to say fourty gallons. And all barrells soe sealed to be allowed and noe other, vnder the pennaltie of for- feiture of fortie pounds of tobacco for everie time such an vnsealed barrell is vsed. And likewise for bushells the aforesaid pennaltie, all persons whatsoever being herevnto required to take notice of this act, and ac- cordingly to provide. Comm is. ol monthly courts to seal barrels. Seal. Contents. Penalty for using unseal- ed barrels. Bushel*. ACT XC. English Weights and Measures. [This act is the same as act XII of October, Jfi4«; ; ante pa. 331.] .• act XXXV! of Feb, 1981.2 (ante page 170)— Act XXXlf »l Pept. 1632, (ante page 195)— Act Lot' March, 1642-3, ante page 26$ 3 M 474 LAWS OF VIRGINIA. ACT XCI. Trial by JW> secured to par- ties who desire it. How pit. k defend'lto pro- ceed. Proviso. Compensation to jurors. Their de- ate aim r. Juries on Petition to be graunied.* BEE it alsoe enacted, That if either plaintiff or de- fendant shall desire the verdict of a jurie for the deter- mination of any suite depending in any of the courtes of this collonie, hee or they shall signifie therein their desire by petition vnder his or their hands vnto the said courtes, before the same cause had any hearing vpon the day of tryall : if it be the desire of the plaintiff, and their petitions to be filed in the secretaries office, or with the clerke of the monethly courte, And if the defendant shall desire it, hee or they shall signifie the same, vppon the enterie of his appearance in the office which shall be inserted in a booke to be kept in the of- fice for that purpose ; Mlwaies provided that the cause depending be proper for a jurie : And bee it further enacted, that fall such, either plaintiff or defendant, who shall desire jurors to decide their causes shall pay < and allow vnto the said jurors seaventy two pounds of tobacco per cause, And that duringe the time they shall be debateing the cause of such plaintiffe or de- fendant after the charge delivered them by the board, neither pit. nor defendt. shall have privUedge to be ad- milted to them : or entertained in anie discourse con- cerning the cause in triall. ACT XCU. What Money Debts are Pleadable.^. All money BEE it henceforth, enacted, That all money debit.- debts recover* made in the collonie shall be pleadable, except onely such as are made in the time of a former prohibition Compounded t»i act LVil of March, 1642-3, ante page i'73— Ati v of November, 164.3, ante page 3(J3; and act X of March, 1645-6,, ante page 313 From this niarh • to the end, taken from au X of March, 1645-6 anie pa. 313 E loin act lit of December, 1656, (ante pagre 417,> with slight ya ►iafiomi in the phraseology MARCH, 1667-8— 9th OF COMMOISWKALTHw 4:5 of money debts being not pleadable, vizt. from tiie except those 26th of March, 1643, to the 10th of Sbr. 1649, And SJjJS&'fc alsoe all money debts which are or shall be made in 1649, during England for goods imported to this collonie, But no a former pro- other shall be pleadable in this collonie. ACT XCI1I. The election of Burgesses.* BEE it enacted by this present Grand Assembly, Election ot That all Burgesses shall be summoned and elected in Borgesses— manner hereafter expressed, (that is to say,) That the time & place severall and respective sherriffes shall within tenne of, to be noti- daies after the receiptc of such writtes as they shall re- fie(1 b ^, the ceive to that purpose cause the same to be published & by giveing notice of the same from house to house by the sherrilFe or his deputie to all persons intenested When and in elections, which hee is to do ex officio and then and where held, there alsoe to publish and declare the certaine daie of the weeke and moneth for chooseing Burgesses to serve in the Assembly, for all accustomed places in the severall counties, and parishes respectively, That at Sberifftoat- the day and place of election the sherrifFe shall take t .'.." u , view of the said election, and before the sitting of the how to'make Assemblye to make returne to the secretaries office at return. James Cittie of the persons then and there elected by ^"j^f subscriptions of the major parte of the hands of the Qualifications ellectors, And that the sherriff who shall wittinglie or of i''- rtons t0 williuglie make any false returne or neglect iiis duty R^t of suf- shall incurr the pennaltie of ten thousand pounds of to- fvage to beex- bacco : That the persons who shall bee elected to serve •; , " , " lse lll) . v a11 in Assembly shall be such and no other then such as sidine in the are persons of knowne integrity, of good conversation colony. and of the age of one and twenty yeares, And all per- sons inhabitting in this collonie that are freemen to have their votes in the election of Burgesses, Provided „ they do not in tumultous manner, but fairly give their t i u ,; r vo t,. votes by subscriptions as aforesaid. 'This art is composed "of, act VII of March, 1654-5, (ante pa»r 411,) as amended by act \VI of March 1655-6, ante page 4o:i.— • So much of the former act as restricted the right of suffrage to " house keepers, whether fifee-bohlers, lease-holders or otherwise tenants'' and to om persOfl in ;i family, being omitted in this net, and tlir.- provisions of the latter net which rwfrttfrt thf> vtic i e nt 'itfyfp of ;ill freemen voting being retainer! • 476 LAWS OF VIRGINIA, ACT XCIV. Concerning Indians. [This act is copied from act I of March 10th, 1655-6 (ante pa. 393) with the transposition of a few words only, which do mot vary the sense; and except that this act stops at the words " alienable by them," in the 3d line of the 3d section, pa. 396.] ACT XCV. Northampton County to make Lawes. [This act is taken verbatim from act II of March, 1655-6, ante pa. 396.] ACT XCVI. Encouragement for Markett Places.* Merchants to BEE it enacted, that if any countie or particular per- be encourag- gQn g j la jj sett j e an y p| ace whether the merchants shall willingly come for the sale or bringing of goods such men shall bee lookt vppon as benefactors to the publique. ACT XCV1I. Criminall Causes, where to be tried. [This act contains the enacting part, only, of act V of March, 1655-6, (ante pa. 397,) omitting the pre- amble.] • This act consists of the proviso, only, of act III of March, 1655-6, (ante page 397,) which act repealed one of the preceding session, for regulating trade and establishing ports, and places fotf markers. See act VIII of March, 1654-6, ante page 412 MARCH, 1657-8— 9th OF COMMONWEALTH. ACT XCVIII. 477 Places of Tr tails and Appcales.* WHEREAS many appeales brought are meerly delatorie and for poor and inconsiderable causes where- by men are defrauded of the justice they sue for, the court tacitly taxt from whence they appeale and greate charge accrueing the suite, Therefore bee it enacted by this Grand Assembly that all suites and causes between partie and partie of what valewe soever, not concerning life or member be tried by the countie courte and not by the quarter courte, vnles they ex- ceed sixteen hundred pounds of tobacco and caske or sixteen pounds sterling, vppon paine of ffive hundred pounds of tobacco to be paid to the partie grieved, and thatnoe appeales from the countie courtes to the quar- ter courtes nor from the quarter courtes to Assemblies vnder the same value, and damages vppon appeales, to be awarded by the judges of appeales and the appellants forthwith to putt in securitie to pay what damages shall be awarded against them : Provided the former act au- thorizing to what valew comissioners are to try, be and remaine in full force and vertue, any thing contained to the contrarie notwithstanding. Vnto this act is added by the authoritie aforesaid that noe person whatsoever, shall be arrested vnto the quarter courte at James Cittie by writt from the office, except the debt amount vnto sixteen hundred pounds of tobacco vpon the pennaltie of ffive hundred pounds of tobacco fine, excepting such men that remoove themselves from the county where they made their debt vnto some remote countey. Jurisdiction oV county courts final for all sums under 1600 lbs. of fob. or £ 16 sterl. Penalty for su- ing otherwise. Appeals over those sums al- lowed to q'r. courts &. as- sembly. Damages. Security. Not to affect jurisdiction of single ma< gistrate. No arrest upon process from quarter courts for less than 1600 lb tob. under penalty; unless the debtor hath re- moved to a diS' tant countv, ACT XCIX. Concerning Fines. |This is a literal transcript of act VII of March, 1655-6, ante pa. 399.] I ;om act Vr ol March, J 655-6, f^ui-- puxe 898,) with amend -re 478 Seconds and LAWS OF VIRGINIA, ACT C. Seconds and Slipps prohibited* WHEREAS it hath bin taken into serious consider- ilips of tobac- a tj on anc j debate for the bettering of our indeed onely toidcd.° commoditie of tobaccoe for the benefitt, both of the planter and merchant, both equally complaineing of its lovve and contemptible rate and noe expedient found but lessening the quantity and mending the qualitie, Wee, this present Grand Assembly, finding all other stints inconsistent with the good of this collonie, Marie-Land remaining a distinct government, do here- by enact that what person or persons soever after pub- lication hereof shall suffer or cause to be tended any tobacco called seconds or siipps, shall for soe doeing Penalty. forfeit ten thousand pounds of tobacco, onehalfeto the How appro- informer and the other halfe to the militia, to be dis- ?>mte posed of for ammunition for the countie where the of- fence shall be comitied. ACT CI. Preamble All the coun- ties to be di- vided into pa- rishes. Farish levy, annually Ministers and Parishes Settled.\ WHEREAS there are manie places destitute of mi- nisters and like so to continue, the people content without paying the accustomed dues, which should pro- cure those that should teach and instruct them, soe that by this improvident saveing, they loose the great- est benefitt a Christian can have by heareing the word and the vse of the blessed sacraments, Therefore bee it enacted by this Grand Assembly that all counties not yet layd out into parishes shall be devided into parish- es the next county court after publication hereof, and that all tithable persons in everie parish respectively in the vacancy of their ministers pay ffifteen pounds of tobacco per pole yeerly, and that tobacco be putt in * This actagrces substantially with act VIII of Mar-h, 1655-6 (ante page 399,) except that the penalty is increased in this act, and tht? last clause of that is omitted. t From aet IX of March, 1655-6, ?nte page 899, with emend inrnt': MARCH, 1657-tf— 9th OF C COMMONWEALTH. 479 the hands of the churchwardens of the severall parish- es, who are to ffive securitie to the vestrey for the dis- How aild b - v . . .P , „. , r , i • i i- c whom appro- posemg of it, In the rarst place lor the building oi a priate a. parish church, and afterwards the surplusage (if anie bee) go to the purchaseing of a gleabe and stock for the next minister that shall be settled there. ACT CII. Concerning Administrations and Administrators * WHEREAS comissions ^f administrations are sud- Preamble denly obtained and the estates as suddenly disposed of vnder pretence of greatest creditor or next of kinne whereby often times they that are really so, the one is defrauded of his just debt, and the other debar- ed of his right and interest, the estate being imbezilled before either can have notice of his right OT interest, No ad minis- Therefore bee it enacted by this present Grand Assem- Nations to be Lly that no administration be confirmed until the third aft" /the 3d courte be past except to the widdowe or child, And court, except then suddenly to be granted vppon her request or the to the wi ^° w next of kinne, And for takeing care of the decedents Estate in estate vntill the lime above litnittet), be referred to the meantime, co'iii-sioners of the countii where the decedent died, h *? w P reserv * That the estate in case of widow or kinne to be prais- To be ap- od as formerly by men vpon oath appointed by the praised and court and the administrator to pay the vallue of the an- * dm r liablr ■ * * tor valu6 praisement and noe further; but in case of no kinne, when to be then the estate to be sold at an outcry, where there is sold at auc- not sufficient assetts, if the creditors shall require it ; Qrd'r f That all debts that are brought in and presented may ing debts, be paied according to priori tie in lawe ; that none have Quietus, their quietus est vnder a year and a day after contir- aide"^ 3 "* mation of the administration, If anie administrator be Surplus, of no kinne and have assetts, that all the estate left af- where no km, ter debts paid, bee imployed in the countey where he 10W app ie lived for setting vp of Manufactors, and other publique vses, The administrator being paid for his reasonable CommsVm* charge and paines, . ;ikc n hum art \ of March 1665-6, ante page 4; indi- rectly vpon the penalty of fiive thousand pound.-, of to- The laws concerning attorn ies have, within a few years, undergone various alterations; In March" 1642-3) (ante page 275.) an act passed (or licensing them, and limttting iheii fees ; in November 1(545, (ante page H'i'2,) all mei cenar j aifornies were expelled from office ; in March, 1645-6 (ante page 313.) thf act of 1642-;i, was rc| paled, and the act of 1645 made perpetual ; in November. 1647; (ante ;,a<;e 34-1,) the last mentioned act was amended by declaring that no attorney should, di- rectly or indirectly, take any tee, and that it should be the duty of the court, either to open the cause, for a weak party, or appoint some fit man ;< out ot the people" to do it, and that no other attornies should be allowed ; in Dec. 1656, (ante page 419,) all acts againsi mercenary attornies were repealed : the Governor was authorised to license them for the quarter courts, and the magistrates for the i ounty courts Tbt present act revives the expulsion of attorn MARCH, 1657-8— 9th OF COMMONWEALTH. 43 . ? . bacco vpod every breach thereof: And because the breakers thereof through their subtillity cannot easily At,0 "" es rt ■ i /• • i compellable bee discerned : Bee it therefore Jurthcr enacted, That to disclose, every one pleading - as an attorney to any other person °" oa,1, > H '''e- or persons, If either pit. or defend't desire it shall hale vioTat i make oath, That he neither directly or indirectly is a this act breaker of the act aforesaid. ACT CXIII. Concerning Huie and Cries. WHEREAS buy and cries after ruunaway servants hath been much neglected to the greate damage and loss of the inhabitants of this colloney Bee it therefore enact d and confirmed by the authoritie of this present Grand Assembly, that all such buy and cries shall be signed either by the Governour or some of the Coun- cil], or vnder the hand of some eom'r. nameing the coimtie where the said com'r. lives, and the same shall be conveyed from house to house with all convenient speed according as the direction thereof expresseth : And every com'r. of each county vnto whose house by this meanes the said huy and cry shall come shall then date and subscribe the same, And the master of everie house that shall make default in the speedy con- veyance of any such huies and cries shall for everie such default forfeite and pay vnto the, owners of any such ruunawaie as the said hues and cries shall men- tion, one hundred pounds of tobacco, and where the said ruunawaie servant is found he shall be apprehend- ed anil >ent from constable to constable vntill such runnawaie or runnawayes shall be delivered to his or theire master or mistresse and if any neglect can be proved ag;iin»t the constable bee to be fmed three hun- dred and ftftie pounds of tobacco. fine andery how issncii against runo* wav servants How execut cd. Duly of cotu- iiiis^ioners. Penalty on masters of houses for neglect in the execution of the pre- cept. Runaway, if apprehended to he sent hack by con stable. Penalty for neglect ACT CXIV. lino long Bil/s and Judgments arc Pleadable.* WHEREAS the nature of our trade of Virgi- Preamble iia in respect of our present comodities and the >m actl <>f November, 1664, ante page 390, with amendment! 484 LAWS OF VIRGINIA, iNo bills, bonds, judg- m'ts or other engagements recoverable after 5 years from the date. Execution not to issue on a judgm't after a year and a day, without a sci i acias. Coininetjqe- meiit of act. Debtor being ab ni, limitation not to run. Further time for proseeut- . inp debts 3 vears due. greate distance of our habitations enforceth vs to en- gage by bills, bonds and judgements, and other write- ings vpou payment and discharge whereof either in part or in whole the debtor is often constrained to ac- cept of receipts and employ other men therein, where- by manie times the said bills, bonds, judgments and writeings remaine and lie out, and are not taken vp or delivered in, or the receipt lost, or the parties or wittnessesdead, soe, thalthose debts are againe demand- ed or recovered often times which were before justly paid and acquitted ; for remedie whereof Bee it en- acted and confirmed by the authoritie aforesaid, That no bills, bonds or judgments or any other engagement of debt be of anie force or recoverable ffive yeares after the date thereof, And that no execution be taken outvpon anie judgment after a yea re and one daie from the date of anie such judgment without a scire facias to warne the party to the court against whom the said judgment shall att any time happen to be granted, and this act to begin and bee of force the ffirst daie of June 1^58, Provided if the debtor absent himstlfe, and de- parts the country, That then dureing such his depar- ture it shall not bee reckoned nor accompted anie part of the said ffive yeares, and all debts haveing been three veares due or more to be still pleadable vutill the ffirst of June, 1659 and not after. Limitation of recovery of olerks and .^hen iffs' fees, and of public and county levies. Exception!!. ACT CXV. IIozo long ff ccs and Levies are recoverable, BEE it enacted and confirmed by the authoritie afore- said, That no clerkes or sherrilTes fees, nor county nor country levies after two yeeres time due, be reco- verable in this collony, except bill be taken for the same, or suite commenced, and the defendant arrested or in case of absence out of this countrev* MARCH, 1657-8— 9th OF COMMONWEALTH. 483 ACT CXVI. Concerning Mil id's* WHEREAS by the secondf act of Assembly A'o. Preamble. 1645, It was ordered and established for the reformeing the greate abuse of millers in exacting excessive and illegall toll that no person or persons vseing or occupie- ing any mill should take or receive for the grinde- ing of any graine or exehangeing it for meale above the sixth part thereof for tolle, which act hath not taken such effect as was intended thereby, in respect, as is conceived, neither penalty was imposed thereon vpon the offender, nor the execution thereof was given in direction to any particular officer, It is therefore Millers to thought fitt to enlarge the said act and by vertue there- provide steei- of to require all millers or owners of mills to provide - va,ds 01 f la i i rA t -it /• t '.„. , into weights by the ffive and twentieth day of June next, stilhards anf) sca ies. or statute weights and scales by which they are to Penalty for receive in and deliver out all graine, and that they do not £" nchn ? i *u • i • or exchanging sufficiently gnnde or exchange the said graine soe grain for meal brought vppon the pennaltie in case they do exact be- ortakingmore yond the said proportion for grinding or exehangeing o r ^ t e £f ov y or in case of default of such weights or scales, or for ihg weights. not sufficient grinding, the sume of one thousand pounds &c - of tobaccoe. ACT CXVII. Accompts, how pleadable.^ BEE it enacted by authoritie of this present Grand ^° book- Assembly, That no booke debts or accompts shall bee counts reco _. henceforth pleadable in any court of justice within verabie. this collonie without specialtie or writeing vnder the hand or hands of such person or persons that shall be impleaded about the same, Provided that this act shall tracted within the colony See ante page 301, act IV of November, 1645; and act XI of November 1647, ante paj;e 347, from which this is taken, with a- meudments. t Act IV of this collection, ante page 301. i Pee act VI of November, 1646; act VII of March, 1643-0. Not to extend to debts con- 48b LAWS OF VIRGINIA, If the debtor extend onely to such debts as shall be made within tliib iblfdetrt on Dy collony, Provided also that in case the debter bee living, oath, court It shall be lawful] to putt the debtor to his oath, and in may give case |, sna |j re fuse to swear that he oweth not the judgment. ^^ guc( .j ^ no) , a(j j e ^ an thereof, then it shall be sufficient evidence against him for the court to pass judgment against him for so much of the said debt as Thisactnotto j )ce s i u ,]] confess or not denie due vpon his oath, Pro- persons' vtded abac that this act in noe wise extend to dead estates. mens' estates. ACT CXVIII. Concerning Denizations. Denization, BEE it a Is oe further enacted and confirmed by ike au- how acquired thorilie aforesaid^ That all aliens and strangers who have inhabited the countrev the space of flower yeeres, and have a firme resolution to make this countrey their place of residence shall be free icmsons of this collo- Oata. ny, Provided they and everie of them takf the oath of ffidelhe to be true to the government of this countrey, ;" And the said oadi is to be admittistred by tlie several! admimst d. courts respectively in the counties where anie such Their chil- aliens do dwell : Aid it is also further enacted that. dren4o be free their children also shall be ifree denisous of this denizens on countrey they and everie of them, Also kakeing the of fidelity " ' '"■'•' oatn °* fiW^ty when they shall attain to lawful] when they ar- age, which said oath is to be administered by the seve- ral I couutie courts where they shall happen to live a? aforesaid. ACT CXIX. Want of Form r no barr to a Plea. WHEREAS there is and daily doth arise exce= I sive charges and greate delaies and hinderances oi justice betwixt the subjects of this collony by reason . Co . ur * s t0 of small mistakes in writts and formes of pleading. It is give judgm t. .. . 7 - " , , . . according to thereforejor the prevention (heicof, enacted by tluspre- thc ri sent Grand Assembly) That all courtes of judicature llu f au ! within this collony shall proceed and give judgement without ' according as the right of the cause and the matter in MARCH, 1657-8— 9th OF COMMONWEALTH; 487 lawe shall appeare vnto tliem, without regard of any regard to » j j > i. c r • • .'.. form, i»i writ, imperfection, default or want ot forme in any wntt. re- r8 tum plaint turne plaint or process or any other cause whatsoever, process or other cause ACT CXX. Concerning, Supersedeas. WHEREAS the writt of supersedeas is frequently Preamble obtained vpon slight matters rfnd pretences to the great injurie and prejudice of manie of the inhabitants of this culloney by the stopp and delaie of justice there- by. Bee it therefore enacted and confirmed by the au- Damages on thoritie aforesaid that what person or persons soever affirmance of i 11 i j. ■ j i • iuilffm't. aftei shall obta;ne a supersedeas to remove, stopp or stale .,*.,,. „„ any proceedings in lawe, cither in quarter or county 10 per cent. courts, and notwithstanding after be cast in the suite &«> s,s shall pay vnto the party grieved tenn pounds in the hundred damage for so much as shall be recovered ci- ther in money or tobacco, besides ordinarie cost:. ACT CXXI. Encouragement to make Stile. WHEREAS it is generally supposed, That the Premium foi makeing of silk will much conduce to the eood of this J ns ? kin S;lP ,. »»•?,• , ii ,i i •<■ r lbs. "t silk cOllonS , lice it there] ore. enacted by the authoritie afore- said, that what person soever shall first make one hun- dred pounds of wound silke in one yeare within this colloney shall for his so doeing be paid ffive thousand pounds of tobacco out of the publique levie. ACT CXXII. What Tobacco is Merchantable. B,EE it enacted and confirmed by the authoritie of Tobacco this present Grand Assembly, that noe tobacco whntso- ''" v -<' or accompted merchantable tobacco, which snail have longer mer- therein anie ground leaves, And be it also enacted by, chantable. the auihorilie afutfsaid^ for the payment of old debts, debts 300 that three hundred pounds oftobaccoe without ground lbs. of t'>i>a- 488 LAWS OF VIRGINIA, co, without ground leaves, <>qual to 400 with them. Proceeding where the creditor will not accept. Public levies, clerks' fees, ice. to be paid in sood tobac. Penalty for packing bad tobacco with rop tobacco. leaves shall pay flower hundred pounds of tobaccoe, formerly called merchantable tobaccoe, haveing the ground leaves therein and so proportionably : And if the creditor shall not accept of the payment of the said proportion without ground leaves then the residue of the debt shall bee paied him with ground leaves, being packt and putt by themselves, And be it also enacted that all publique levies, clerkes and sherrifl's' flees, mi- nisters' dues and all other payments whatsoever touch- ing the publique, shall be henceforth paid in good to- bacco without ground leaves ; And in case anie person or persons whatsoever shall false pack anie tobacco, that is, pack anie ground leaves to the quantity of ffive pounds in a hogshead, among his topp tobacco, if it shall be proved by the testimony of two or three view- ers, who are to be appointed by each partie concerned one and the third by a com'r. vpon whose verdict given vnder their hands, It shall be lawfull for the said com'r. to give order for the burning it. Penalty for planting or re-planting tobacco after I'tth July. ACT CXXIIL None lo plant Tobaccoe after 10th Julie. BEE it alsoe enacted by the authority aforesaid, That what person or persons soever within this collo- ney shall plant or replant any tobacco after the tenth day of July, yearly, shall pay and forfeit tenne thou- sand pounds of tobaccoe, the one halfe thereof for the informer and the other halfe for the vse of the county where the offence is comitted. .Penalty for exporting titles, Iron or w oo'. ACT CXXIV. Hides, Iron and Wooll not to bee exported. WHEREAS the exportation of hides, wool and iron is gennerallie conceived to be much prejudi- ciall to the commonwealth and good of this collony, Bee it therefore enacted by the authoritie of this present Grand Assembly that what person or persons soever, shall export out of this collony either wool, hides or iron, shall, for their and everie of their offences in soe 'loeing paie as followeth, vizt. ffor everie hide, soe ex- MARCH, 1657-8— 9th OF COMMONWEALTH. 489 ported the sume of one thousand pound of tobacco and for everie pound of iron tenne pounds of tobaccoe, and for everie pound of wooll fiftie pound of tobacco, the one halfe of which said payments and forfeitures shall be paid to the informer, and the other halfe to the puh- ]ique. ACT CXXY. Debts, -vhen to be demanded. WHEREAS manie creditors for severall by respects Preamble, neglect demanding the tobacco due to them in due time, by that meanes enforcing the debtors to the incon- veniencies both of not disposing of their tob'o nor paying their debts, to the greate damage and prejudice of the said debtors, Bee it therefore enacted that everie person or persons not demanding their debts between ^laJiri'in" 01 the tenth of October and the last of January shall thiir tobacco not sue or implead any person or persons indebted to ,!el)t<; l,,,,w 'n them for present payment, But it shall be lawful! for berandthe" anie person oweing tobaccoe after the said last of Janu- last of Jan'y, ary, to dispose of his tobacco at his pleasure, Provided not to s J ie fm allwaies that it shall be lawful! for the creditor to sue , nR y demand or implead his debtor for securitie for his debt, against and sue for next yeare, any thing in this act to the contrary not- ^"ne's/v'i withstanding. ACT CXXVI. Ordinarie Keepers rated. BEE it enacted by the author it ic of this present Grand Tavern keep- Jlssembly for the payment of debts made in the or- e« rated du- t *-i' • n i a ii ring the prc- dinanes at James Cittie tins present Lrrand Assembly, sent session that what bills have been formerly taken, or hereafter of Assembly shall be taken, for any thing expended dureing this ses- sions of Assembly shall be reduced and abated in such p r j ces< ,<- sort that the debtor shall pay for their drink at the Case-waters, rates followinge, (vi/,t.) (for case waters and die like, Spanish rv /. • i /• i ■■ iv !• wines. ttiftie pounds ot tobacco per bottle, or quart ; ilor hpa- gacit, nigh wines, vi/.t. Sack, or the like, thirty pounds of French tobacco per bottle or quarte, (Trench wines burnt twen- ""^ , tie pounds of tobaccoe per bottle or quarte, and beer 8 O 490 LAWS OF VIRGINIA. Dipt for masters and servants. Lodging. If any bills passed for the above, to be reduced to those rates. Tavern keep- er to disclose on oath. Justification of these measures. Ordinary keepers to be hereafter go- verned by the law tJlerk of As- sembly, his fees. twentie pounds of tobaccoe per gallon, and for dietts ffifteen pounds of tob'o. per meale for masters and tenne pound of tobacro for servants, and for lodgeing ffive pounds of tobacco per night, And bee it also further en- acted, That in case any person or persons whatsoever, have passed or shall pass their biils for any suine or sumes of tobacco touching the premises dureing the continuance of this session of Assembly they shall have remedie for the same accordinge to the rates abovesaid in any court or judicature within this collonie. And if need be to proceed in chancery against all person or persons who have or shall infringe this act, and the said person or persons offending to be examined vpon interrogatories how much hee or they have exceeded in his or their accompts, bill or bills the rates above- said, which sume or sumes exceeding the said ratesshall be abated vnto the debtor or debtors out of the said bills or acco'ts. Nor have wee hereby prejudiced the said ordinarie keepers att all in their rates because wee hereby exceed the rates by a former act of Assembly sett vppon ordinarie keepers, for sale of wines, strong waters and dyetts: And it is also jfurthcr in be made, either in money bills of exc'a. or goods att thirty per ^^f^eto cent, advance vpon the price of such goods at the first masters. pennic ; And ail fl'reighiors to be accountable to the *aid masters for the tobacco by them shipped. Bee it also ordained and enacted by the authority afore- How the said, for the discovery of the number of hogsheads numterof each shipp or vessell contained that the master of such J^w" -1 ^ shipp or vessell shall deliver his boatswaines booke to ' ^o marked in the |\fS but \hv • he rnrnplotr 492 LAWS OF VIRGINIA, Penalty on master for concealing: quantity cf Tobacco. If duty to he paid in bills of exchange, collector to fake security. Collectors to be appointed by the as>em- bly — and to efive security. Their com- mission. Limitation of this act. Sam'l Ma- thews, present governor, re- quested to ap- point collect- ors &. take se- curity. Vacancies, how supplied. the perusall of the collector, and make oath of the truth of the same, so far as he knoweth, And that the mates, boatsvvaines or any other seamen be sworne, if the col- lector see cause to discover the truth of the said freight. And if any mnster of shipp or vessell shall witting- ly or willingly conceale any part of his flreight, from the collector, and shall thereof be lawfully convicted, then the said master shall forfeit for ev'ry such offence the sume of one hundred pounds sterling, one inoietie thereof to goe to the informer and the other to the pub- lique to be recovered by action of debt, bill or plaint, in quarter court or countie courte by vertue of this act against which no essoigne, wager of lawe or protection to be allowed to any person soe offendinge. Bee it further enacted and ordained, that if any mas- ter shall pass bills of exchange for the said imposition, that then the collectors are hereby required to take sufficient caution of the said master for the true and good payment of the same. 7/ is hereby ordained and enacted, That the collectors of the severall rivers and places in Virginia for the receiveing of the said two shillings per hogshead be ap- pointed and confirmed by this present Grand Assem- bly and give sufficient security and caution for the due execution of the trust hereby reposed in them ; And to be accomptable to the next Assembly according to the tenor of this act, And the said collectors to be allow- ed tenne per cent, sallarie for collecting the said impo- sition, Provided allwaies and it is hereby ordained and enacted bu the authoritie aforesaid, That this present act of Assembly be and remaine in force for one whole yeare and noe longer. It is also desired by this present Grand Assembly that the hon'ble Samuell Mathewes, Esq>. Governour, do grant out comissions to the severall collectors no- minated with full authoritie to execute their offices and to take sufficient caution of them, for their true and faithful execution of their offices according to the abovesaid trusts and in case of the non-acceptance of the place of collector by any person here nominated or in case of any of their mortality, the Governour is hereby impowered to putt another in their place take ing caution as aforesaid. MARCH, lG57-b— 9th OF COMMONWEALTH. 4W ACT CXX1X. Burgesses Charges, hoio to be raited. BEE it enacted that in regard the money levied at Counties to two shillings per hogshead by reason of the disburs- !«f ses " s f or . ment for agencie and other publique debts, cannot this merly. yeare defray the Burgesses charges, That the severall counties respectively shall, by a county levie as former- ly, pay the charge of their severall respective Burges- ses for this Assembly. ACT CXXX. Peices of Eight, to pass at Five Shillings r. BEE it hereby enacted by this Grand Assembly. That noe false money shall pass for currant in this countrey, but peices of eight that are good and of silver shall pass for live shillings currant money vpon pennaltie of twenty shillings to be paid by the refusers of them, And that none shall exporte money out of this coun- trey above the sume of fortie shillings, if any shall ex- ceed the said sume to forfeite double the value there- of. No money of bad metal to pass — hut pieces of eight, of silver, to pass at five shillings. Penalty for re- fusing them. For exporting above 40s. in mnnev. ACT CXXX1. For the Adjournment of the Assembly. BEE it enrfcf erf That this present session of Assem- bly bee adjourned vntill the second Monday in March next, and in case of the death, departure out of the countrey or any of the present members being made sherriffes, and so incapable of serving as a Burgesse the next sessions, then the respective sherrifls to give timely notice to the people in the severall counties to make a new election, And if anie emergent occasions requires the conveneiug the Assembly before the day before limitted, the Governour is hereby desired and impowered to send out his sumons lor the speedy con- 1 mm act IV of March, 1655-6 (ante page 397) which repealed icflVof March 1664-5. (ante pag< 410 ;) with flraendrw Adjournment of Assembly to second Mon- day in March 165S-9. Vacancies in representati- on, how sup- plied. Governor au- thorized and requested to convene Assembly in case of emer- gency 494 LAWS OF VIRGINIA, vention of the severall Burgesses of the Assembly, Burgess cho- Provided also that if a new Bururesse should be chosen sen in room of c , . r - . ,-, one absent; if ,or an y place instead ol any of the present Burgesses absentee re- now bound out of the country, if the present Burgesse ^ r ° 8 ' electlon returne before the next session, then the new election to be void. {&* THE acts of the preceding session contain not only those of the Revisal of March, 1657-8, for which provision was made at the December session, 1656, (ante pa. 421, 427,) but several other laws originally passed; as appears by the journal of the House of Bur- gesses of March, 1657-8, in which the subjects compre- hended in those laws are discused. In the MS. the journals of the March session, 1657 8, are intermixed with those of the March session, 1658-9. This arose from the careless and variable manner in which the date of the year was, at that period, written. Sometimes the new year was annexed to the old, between the 1st of January and 25th of March, (as 1657-8, 1658-9) and sometimes not; Most frequently, it was written singly, as 1057, or 16 8; and the dates were so confounded, that the one was often inserted for the other. Thus we have seen that the acts of March, 1654-5, and those of March, 1655-6, were all dated simply 1655. The clerk, in transcribing them, inserted those of March, 1655 6. first; and it was only by the subject matter, that the error could be discovered ; two acts of March, 1655-6, having repealed preceding acts of 1654-5. (See ante pa. 404; 410, note; 412, note.) So the journals of March. 1657-8, and March, 1658-9, are all inserted after the meeting of a new Assembly in March, 1658-9; and, with one exception, are simply dated March, 1658. But by having reference to the acts of those sessions, we discover to which the jour- nals respectively belong. (See note to page 393, on the subject of the old and new style.) Such parts of the journal as tend to elucidate the history of the period to which they relate, will alone be inserted/] MARCH, 1657-b~9th OF COMMONWEALTH. 495 The Revised Lazos of March, 1657 8. were thus adopt- ed, under date of March Slut, i658 : (See Rand. MS. pa. 23S.) THIS day all the former acts haveing been perused Revised laws by the committee for viewing and regulateing them^ ^adonttd were by the said comittee presented to the house, where being read and seriously discussed they were approv- ed of in the House and a comittee appointed to present them to the Governour and Councill, and to advise with him and his councill about the explanation or al- teration of any seeming: difficulties or inconveniencyes, Yet with this limitation not to assent to any thing of consequence without the approbation of the House. The following Extracts from the Journals of March, 1657-8, will shew the manner of doing business, in fhe Assembly, at that period : March 26th, 1658. PROPOSED, Whether a regulation or totall ejec- Lawyers, tion of lawyers ? Resolved, By the first vote. An ejection.* * See ante act CXII, page 482 the act which grew out of this pro- position, the act for expelling lawyers from the bar met with serious opposition from the Governor and council, if we may judge from the following proceedings: The answer of the Governour and Council to the House's Message about the lawyers. The ( Governor and Council will consent to this proposition so farr as it shall be agreeable to Magna Charta. ra. CLAIBORNE. 23 Martii, 1657. march, 25th, 1658. Proposed, Whether the committee should draw vp a reply to the an- swer ot (he Governour and Council of the 23d instant, concerning the proposition about lawyers. Resolved, An answer should be drawn vpp by the comittee. 496 LAWS OF VIRGINIA, Ground leaves. PROPOSED whether ground leaves or seconds are merchantable tobacco.- Resolved they are not merchantable tobacco. N. 31. Proposed whether old debts made without exclud- ing ground leaves may not be satisfied after the rate of three hundred cleer, to pay four hundred with them. And in case of the creditor's refusall the debtor to pay one hundred in 400 in ground leaves and so propor- tionably. Resolved 300 shall pay 400, or the residue to be paid in ground leaves. Period for planting tob. PROPOSED whether any tobacco to be planted after the 10th of July.f Resolved none shall plant tobacco after the tenth ot July. Proposed what pennalty to be imposed vpon the person or persons planting after the said tenth of July. Resolved : To be fined tenn thousand pounds of to- bacco, Adjournnvt. or dissolution "f Assembly. PROPOSED whether this Assembly to be adjourn- ed or dissolved. The humble reply of the Burgesses to the Governour and Comi cill. I. Concerning Lawyers. 2. Concerning the manner of proceeding;^ in law To the fust wee have considered Magna Charta and wee cannot dis- cerne any prohibition conteined therein but that these propositions may pass into lawes. It was resolved in two former Assemblves that it was not onely ne- cessary but that they had power to make lawes for that purpose, as ap- pears by two acts of Assembly now vpoii record. The first whereof stood in force above ten yeares and the later addi- fion was added in 1647. which acts stood in force vntill the last Assem- bly, And soe we humbly conceive that wee have no less power nor cause to make the like lawes. * See ante act CXXH, page 487 + Seo ante act CXXM, page 48P MARCH, 1657-8— 9th OF COMMONWEALTH. 497 Resolved to be adjourned to the first of Novem- ber. PROPOSED, whether hides, raw or tannd, wooll Exportation of , . . i I ■ i jx nidei, wool, or old iron should be exported.]: &«. Resolved they shall not be exported. Proposed what penalty to be imposed on the infring- ers of that lawe prohibiting exportation as in the last quaere. Resolved. Confiscation of the vessell and goods taken, and this act to be in force after the teuth of June next. PROPOSED, Whether all propositions and 1 awes Subjects to be exhibitted by the connltee shall be first treated on in inthehouseof the House by the Burgesses in private or in presence burgesses. of the Governour and Council!. Resolved by a generall consent that they shall be first discussed among the Burgesses only. March the 30th. VPON returne of the petition of the inhabitants of Cha's. City the north side of the river in Charles Ciuie county be divide?; l ° from the comittee to the house — It is ordered, That but2coun'sto the countv of Charles Citty shall not be divided, but beheld in it, ■ . .. • .• i /• .1 /• oneoutheN. that it remaine one entire county and for the ease ot the other on the people that there shall be 2 courts kept one on the the ' s. side of South side where it is, and the other on the North side the riTer by turnes. The com'rs. of both sides to assist at both courts indifferently : And each side of the river to beare the charge of building their own court house & prison. \ See ante act CXXFV. page 498. 3 P 495 LAWS OF VIRGINIA, Reasons for laying a duty on tobacco ex- ported, Salary of the governour. THIS Grand Assembly taking into their considera- tion the inequality ol* raiseing taxes per poll, And the small encouragement given to any publique endeavors by reason of the inconsiderable value of levy tobacco, It is therefore ordered that two shilingsper hhd. be laid vpon every hhd. of tobacco exported out of this coun- try,* out of which money so to be raised sixe hundred pi unds sterling to be paid to the honourable Samuel Mathewes, Esquire, Governour. Allowance for accommoda- tion of council lois at q'r courts two assemhlif were i omposed <>l rery tltffrrent uienibers. iOO LAWS OF VIRGINIA, dily to finish the present affaires to the satisfaction of your honour and the whole country. Subscribed, JOHN SMITH, Speaker. Votes of the VPON which transactions (worne out*) upon"! Cre being but three monthes absent, It was voted vnanimously, That no Burgesse and if any shall depart, That he shall be censured as a person betraying - the trust reposed in him by his coun- try, And the remaining to act in all things and to all intents and purposes as a whole and entire house, And fftirther, That Mr. Speaker signe nothing without the consent of the major part of the house. Voted further, That an oath of secresy be adminis- tred to the Burgesses which was done as followeth. The Oath. Oath of se- You shall sweare that as a Burgesse of this House crecy. vou s j ia ]l no i either directly or indirectly repeate nor discover the present or future transactions, debates or discourses that are now or hereafter shall be transacted or debated on in the House to any person or persons whatsoever except to a Burgesse of this Assembly now present durting the time of this present session. So help you God and the contents of this Booke. This oath taken by all the Burgesses present. The reply of the honourable the Governour and CouncilL Reply of the VPON your assurance of a speedy issue to conclude governor and t ne acts so near brought to a confirmation in this As- council. ri mi. . 1 i sembly, wee are willing to come to a speedy conclu- sion, And to referre the dispute of the power of di- solving and the legality thereof to his Highnesse the Lord Protector ; Subscribed, SAMUELL MATHEWES. Win. CLAIBORNE, Sec. Ja: Cittie, April 2d, 165S. So marked, in the MS. MARCH, 1657-8— 9th OF COMMONWEALTH. 50] Tlie Answer of the Burgesses. THE House is vnanimously of opinion that the Answer of the answer returned is vnsatisfactory, and desire with as bur s still unsa- tion and vindication of the Assembly's power which pojntacom. after presentation to the House to be sent to the Go- mittee to vernour and Councill, These vnderwritten being ap- draw up a re • . I .i ...„ * solution as- pointed the committee : ?erting theil Coll. John Carter, Mr. Warham Horsmenden, Coll. John Sidney, Lev't. Coll. Thomas Swann, Major Rich- ard Webster, Mr. Jerom Ham, Capt. Wm. Michell. The same comittee is by the House impowered to draw vp all such propositions as any way tend to or concerne the settling the present affaires of the coun- try and government. as- i power. 5o2 LAWS OF VIRGINIA, Report of the '•ommittee. House of bur- gesses not dis- solvable by an}' power in' Virginia. Fropusition For appoint'g. governor and •otincil. The Report of the Comittee nominated for vindication andmanijettation of the Assemblyes P wer. WEE have considered the present consiitudon of the government of Virginia and do propose, That wee find by the records, The present power of govern- ment to reside in such persons as shall be impowered by the Burgesses (the representatives of the pr< pie) who are not dissolvable by any power now extant in Virginia, but the House of Burgesses. They humbly thiuke fitt that the House do propose, Samuel Mathewes, Esquire, to remaine Governour and Capt. Gen'll. of Virginia, with the full powers of that trust, And that a Councill be nominated, appoint- ed and confir; I by the present Burgesses convened,, with the asistance of the Governour for his advice. Vpon zohich Report was drawne vp this Declaration. Declaration of THE Burgesses takeing into consideration the ma- the house, that ny letts and obstructions in the affaires of this Assem- tiieyiiavem jY ^ conceiveinsj that some persons of the present themselves the J . P • i • full power of councell endeavour by setting vp their own power to «he election destroy the apparent power resident only in the bur- aii officers. g essegj , e presentatives of the people, as is manifest by the records of the Assembly : Wee the said Burgesses do declare, That we have in our selves the full power of the election and appoint- ment of all officers in this country vntill such time as wee shall have order to the contrary from the supreme power in England, All which is evident vpon the As- sembly records. And for the better manifestation thereof and the present dispatch of the affaires of this countrey we de- clare as followeth : Not dissolva- ble by any power in Vir- ginia but theii own. Samuel Ma- thewea ap- pointed gov. That wee are not dissolvable by any power yet ex- tant in Virginia but our owne, That all former elec- tion of Governour and Councill be void and null ; That the power of governour for the future shall be con- ferred on Coll. Samuel Mathewes, Esq. who by vs -Lill be invested with all the just rights and priviledges be- MARCH, 1657-8— 9th OF COMMONWEALTH. 503 /onging to the Governour and Capt. General! of Virgi- nia, and that a councill shall be nominated, appointed Council how and confirmed, by the present burgesses convened (with a ''? om ef the advice of the Governour, for his assistance,) And that for the future none bee admitted a councellor but such who shall be nominated, appointed and confirmed by the house of Burgesses as aforesaid, vntill further order from the supreame power in England. Subscribed, JOHN SMITH Speaker. By the Grand Assembly. THESE are in the name of his Highncsse the Lord Order to the Protector to will and require you not to act or execute , ,g J., , of 1 J Jas.Cityu any warrant, precept or command directed to you S ergt.atarms, from any other power or person then the Speaker of to obey no this hon'ble. House, whose commands you are hereby ^ tluallt " c i /• mi *"OM. Signed required to obey and not to decline therefrom vntill by the speaker further order from vs the Burgesses of this present Grand Assembly, hereof faile not as you will answer the contrary at your peril). Given 2d Apr. 53. Sigued, JOHN SMITH, Speak'r. Directed to Capt. Robert Ellison, High Sheriff of James Citty County and Serjeant at Armes for this present Grand Assembly. IT is ordered, That whereas the supreame power of The secretary this country of Virginia is by this Grand Assembly °^ ta *f j , " ect " declared to be resident in the Burgesses, the representa- the public re tives of the people, That in referrence and obedience C0li| s to the- thereto Coll. William Claiborne late secretarie of state s P eak '" forthwith surrender and deliver the records of the coun- try into the hands of the Speaker of this present Grand Assembly. Coll Claiborne beinjjsent for by the sergeantat armes there was drawen vp the nextensueiug order. 504 LAWS OF VIRGINIA, Committee appointed to receive them. Whereas it hath been ordered by this present Grand Assembly, That Coll. William Claiborne late secretarie of state should deliver, vppon oath, all the records con- cerning this country of Virginia or any perticular mem- ber thereof vnto this present Grand Assembly, These are to impower &, authorize Coll. John Carter and Mr. Warham Horsmenden 10 receive the same in the name and behalfe of the aforesaid Grand Assembly, and for such records as they shall receive to give the said Coll. Claiborne a full receipt and discharge. Oath of go- vernor. Ciovernor &i council ap- pointed, April the 3d, 1658. THE comittee appointed for manifestation of the countreys power did this day by order of the house present to the Governor the forme of the oath to be taken by him and the Councill, which by him was ap- proved and a list of those he desired to be of hi^ councill presented by him to the house. The Oath. I doe sweare that asGovernour and Capt. Gen'll. of Virginia, I will, from time to time to the best of my vnderstandingand conscience deliver my opinion in all cases for the good and wellfare of this plantation of Virginia, And I do also swear that as a minister of justice in Virginia, I will, to the best of my judgment and conscience, do equal I right and justice vnto all per- sons in all causes when I shall bee therevnto called, ac- cording to the knowne laws of England or acts of As- sembly which are or shall be in force for the time being without favour, affection, partiality or malice or any by respect whatsoever, Neither will 1, directly or in- directly give councell or advice in any cause depend- ing before me, So help me God. The names of the Councellors nominated by the Gover- nour and approved by the Hovsc* S: Coll. Samuell Matthewes, Esq'r. Governour and Capt. Gen 1 !!, of Virginia. Richard Bennett, Coll. Win. Chuborne, Secretary of State, Coll. John West, S : Coll. Tho's. Pettus. ! MARCH, 1657-8— 9th COMMONWEALTH. Coll. Hill, S : Coll. Obedience Robins, Coll. Thomas Dew, Capt. Henry Perry, S : Coll. Win. Bernard, Le'tt.Coll. John Walker, J S : Coll. George Reade, > Esquires. Coll. Abraham Wood, ) Coll. John Carter, Mr. Warham Horsmenden, Le't. Coll. Anto. Ellyotte. These 3 last not to be sworne vntill the dissolution of the Assembly. These marked in the margent with the letter S : where then sworne in the forme expressed, their titles onely changed. ATT A HELD AT JAMES CITTY, MARCH THE 1st. 1658-9.* 505 [From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was bor- rowed by Edmund Randolph, EsqJ] KFThe MS from which • he acts of (hist session were printed, is now in the library of Congress, at Washington THE Burgesses of the several counties being re- turned by the SherrirTes and this day makeing their appearance in| the House, there was by the vna- nimous vote of all then present (being thirty in num- ber) choson, Coll. Edward Hill, Speaker, and being * This is dated simply 1658, in the MS ; but from many obvious circumstances, it is here placed as 1658-9. These are, the different speakers at this session and the last ; the change in the members and the subject matter of the laws and resolutions passed 3Q ,06 LAWS OF VIRGINIA, by them presented to the Governour from him receiv- ed approbation.! The names of the Burgesses for the respective Counties this Assembly. Coll. Edward Hill, Speaker. For Henrico County. Mr. William Hatcher, For Charles Citty County. The Speaker. Mr. War'm Horsmenden, James Citty County. Mr. Walter Chiles, Capt. William Whittacre, Capt. Thomas Foulke, Capt. Matthew Edlowe, Sui'ry County. Capt. Geo : Jordan, Mr. Thamas Warren, Capt. Wm. Cawfeild, Isle of Wight County. Coll. Robert Pitt, Major John Bond, Capt. English, Mr. James Pyland. tapper Norfolke. Leift. Coll. Ed'w Carter, Capt. Thomas Goodwyn, Mr. Giles Webb. Lower Norfolke, Capt. John Sidney, Mjor Lemuel 1 Mason. Warwick County. Mr. John Harlowe. Elizabeth Cittie Countie. Mr. William Batte, Mr. fflorentine Paine. Yorks County. Nathaniel Bacon, Esq'r. Major Joseph Crowshaw. Mr. Thomas Bushrod, Mr. William Hay. New Kent County. Mr. William Blacke. Lancaster County. Coll. John Carter, Mr. Hen : Corben. Rappahannock County. Coll. Moore flantlcrov, Mr. John Weye. t To give some idea of the parliamentary forms observed at this period, most of the proceedings of this session, which are much more regular than those of any preceding one, will be inserted MARCH, 1658-9— 10th OF COMMONWEALTH. 507 Glocester County. Northampton County. Capt. (Francis Willis, Coll. John Stringer, Capt. Augustine Warner. Mr. William Jones. Northumberland County. George Collclough. WHEREAS Coll. Moore ffantleroy not being pre- Moore Fantie- sent in the House at the election of the Speaker mov- roy, a member, cd against him as if clandestinely elected and taxed contempt to° r the House of vnwarrantable proceedings therein, It is the house. ordered, That the said Coll. ffantleroy be suspended vntill to-morrow morning, when vppon his submission he may be readmitted. The House adjourned vntill Tuesday morning. MARCH the 8th, 1658-9. THE House being mett, Coll. Fantleroy acknow- Fantieroy re- ledging his error, was re-admitted and the order for admitted, suspension reversed. Orders for observation of good order in the House being this day read are generally assented to and ordered to be recorded. ORDERS IN THE HOUSE.* Absence. 1. That no Burgesse shall absent himselfe from at- cndance on the House without leave first obteined (vn- lesse prevented by sicknesse) when any matter shall 0rdci be debated of; But that every member shall keepe good order, and give due attention to the reading or debateing of whatsoever shall be proposed or present- ».■.„„ , .- => . riTixii Address to cd to the consideration ot the House: And that every the speaket Burgesse shall, with due respect, addresse himselfe to Mr. Speaker in a decent manner, And not entertaine * These rules were the first which appear to have been adopted, and agree almost verbatim with the first five adopted at the aejsion of 1<564. See Burk's Hist. Virg. vol. 2, pa 138, note. 503 LAWS OF VIRGINIA, Penalty for absence. Intoxication, penalties for. Member speaking-, to rise from his seat, and be uncovered ; and hoc inter- rupted. No personality to a member, permitted. any private discourse, while the publique affairs are treated off. 2. That any member of this house for everie time of his absence vpon call of the clerke shall forfeit twenty pounds of tobacco to be disposed of by the ma- jor part of the house vpon every Saturday in the after- noon, lawfull impediments excepted. 3. That the first time any member of this house shall by the major part of the house adjudged to be disguis- ed with overmuch drinke he shall forfeit one hundred pounds of tobacco, and for the second time he shall be soe disguised, he shall forfeit 300 of tob'o. and for the 3d offence 1000 lb. tobacco. 4. That vpon debate of any thing proposed by the Speaker, The party that speaketh shall rise from his seale and be vncovered* dureing the time he speaketh, wherein no interruption shall be made vntill he have finished his discourse, vpon the penalty of one hun- dred pounds of tob'o. 5. That no irreverent or indigne forme of speech be vttered in the House by any person against another member of this House, vpon the penalty of ffive hun- dred pounds of tobacco, The House to be judge there- in and the severall ffines to be disposedof by the House as abovesaid. Message to the gov. request- ing tbe attend- ance of some members of the council to qualify the burs-esses . Oatli of a member of COLL. John Sidney was ordered by the House to go to the Governour and request the appointment of some of the Council to administer the oath to the Bur- gesses, wherevpon were sent Col). William Claiborne, Coll. William Bernard and Coll. Thomas Dewe, who administred the oath to the Burgesses in forme fol- lowing. The Oath. You and every of you shallswcar vpon the holyEvan- gelist and in the sight of God to deliver your opini- * It would seem, from this rule, that the members sat in the house with their hats on,'according to the practice now pursued in the House of Representatives of the Congress of the United States. — In the legis- lature of Virginia, at this day, all the members of each branch sit un- cover td. MARCH, 1658-9— 10th OF COMMONWEALTH. 509 oris faithfully, justly and honestly according to your the house of best vnderstanding and conscience for the generall bu, 'S esses - good and prosperity of this country and every perti- cular member thereof, And to do your vtmost endea- vour to prosecute that without mingling with it any per- ticular interest of any person or persons whatsoever. So helpe you God and the contents of this booke. _ Post JSIcrediem. COLL. Collclough and Giles Webb were sent by Message to the House to acquaint the Governour's honour that the !, e ? ov ' " . the house house attended his pleasure ; Who comeing in caused wore ready a letter directed to him and the councill to be read. to receive him. The Letter Duplicate. Gentlemen, His late Highnesse the Lord Protector' from that gennerall respect which he had to the good and safely of all the people of his dominion, Whether in these nations or in theEnglish plantations abroad did extend his care to his collony in Virginia, The present condition and affaires whereof appearing vnder some vnsettledness through the loosness of the government, The supplying of that defect hath been taken into se- rious consideration and some resolutions past in order therevnto which we suppose would have been brought into act by this time if the Lord had continued life and health to his said Highnesse; but it hath pleased the Lord on ffriday the third of this moneth to take him out of the world, his said highnesse haveing in his life time ac- cording to the humble petition and advise appointed and declared the most noble and illustrious Lord^ the Lord Richard, eldest sonne to his late Highnesse to be his successor, who hath been accordingly with genne- rall consent and applause of all proclaimed protector of this Common-Wealth of England, Scotland and Ire- land and the dominions and territories therevnto be- longing, And therefore wee have thought fitt to signi- fie the same vnto you, whom wee require according to your duty that you cause his said highnesse Richard, Lord Protector, forthwith to be proclaimed in all parts Gov. attend- ing, communi- cated a letter from the pre- sident of the council of the late protector. Protector's solicitude for the colony. Resolutions relating therr- to frustrated by his death Time of Crom well's death His sou Richard no- minated his successor, & proclaimed according!) in England, Scotland and Ireland ; &. a request that he might be proclaimed in Virginia 510 LAWS OF VIRGINIA, Assurances of the council as to the per- manent go- vernment of the colony. Exhortation to pursue their former course ; to preserve peace &i pro- mote religion. Further as- surances. of your collony, And his Highnesse Councill have thought fitt hereby to assure you that the settlement of that collony is not neglected and to lett you know that you may expect shortly to receive a more expresse tes- timony of his Highness care in that behalfe; till the further perfecting whereof, their Lordships do will and require you the present Governour and Councill there to apply yourselves with all seriousness, faithfullnesse and circumspection to the peaceable and orderly ma- nagement of the affaires of that collony according to such good lanes and customes (not repugnant to the lawes of England) as have been heretofore vsed and exercised among you improveing your best endeavors, as for maintaining the civil peace, so for promoteing the interest of religion, wherein you will receive from hence all just countenance and encouragement, And if any person shall presume by any vndue vvayes to inter- rupt the quiet or hazard the safety of his Highnesse people there, Order will be taken (vpon the represen- tation of such proceedings) to make further provision for secureing of your peace in such a way as shall be found meet and necessary, and for calling those to a strict acco't. who shall endeavour to disturbe it. Signed in the name and by the order of the Councill, HE : LAWRENCE, Presid't.* Whitehall, 7th September, 1658. Superscription. To the Governour and Councill of his Highnesse Collony of Virginia. * In (he Harleian Miscellany (page 418, of the last quarto edition) the characters of several persons are ludicrously drawn, who, it was baid, meditated the formation of a House of Lords, during the protec- torship of Cromwell, and who themselves were to be members. Amon;; others, Henry Lawrence, who occupies the third place, is thus de picted : " Henry Lawrence, a gentleman of courtly breed &. a good trench- er-man ; who, when the bishops ruffled in their pride and tyranny, went over to Holland, afterwards came back and became a mem- ber of the long parliament ; fell off at the beheading of the late king, and change of the government, for which the protector, then lieutenant general, with great zeal declared, " That a neutral spi- •' rit was more to be abhorred than a cavalier spirit, and that such MARCH, 1658-9— 10th OF COMMONWEALTH. 511 THE letter being read was proposed whether the Proceedings House should have time to debate on their acceptance oftnehou s e , ~ , , r thereupon. and approbation ot that letter. Resolved they should have time to consider of it. In referrence to which the Governor and Councill Rich.Crom- departed and then was proposed, whether the letter in *» u «*°W' that part that requires obedience to his Highnesse Richard, Lord Protector, should be assented to. Resolved generally and vnanimously in the affir- mative. 2. Whether the letter sent be accepted as an authen- tique manifestation of their Lordships' intentions for the government of this countrey. Voted — That wee owne the power and the whole His power contents thereof, Alter which the House adjourned recognized vntill Wednesday morning. MARCH the 9th, 1658. THE House being mett, The Speaker declared the intentions of the Governor and Councill in tender care of the good of this country to assist the Assembly in makeing addresses to his Highnesse for confirma- tion of the priviledge granted to the country in electing " men as he were not fit to be used in such a day as that, when " God was cutting down kingship root and branch ;" yet came in play again, upon design, in the little parliament, and contributed mucli to the dissolving of them, as also setting up the protector, and settling the instrument of government, and a single person, affirming, " That other foundation could no man lay." For which worthy services, and as a snare or bait to win over, or at least quiet the baptised people, himself being under that ordinance, he was made and continued President of the Protector's Council, where he hath signed many an arbitrary and illegal warrant for the carrying of hones I faithful men to prisons and to exile without causr, unless their not apostatising with them from just and honest principles. His merits are great and many, being every way thorough-pared, and a great adorer of kingship; go as he deterveth, no doubt, and is every way fit to be taken out of the parliament, to have the third place of power, and negative yoke in the other house over the peo- ple of these lands." See also ScobeU't acts part 2, pa. 335, where Henry Lawrence is called "Lord President of his Hiehness Council." Gov. sent for anil his assist- ance request- ed in obtaining a confirmation of 'he privi- leges of the house. 512 LAWS OF VIRGINIA, He acknow- ledges the supreme power of the assembly, Si promises his assistance in procuring 1 a confirmation. their own officers, in which the House desired to be sa tisfied from the Governour's owne expressions. In referrence to which, Mr. Bacon, Mr. Horsmenden, L't. Coll. Carter and Capt. Fowke were sent to desire his honor to come to the House and affirme it which accordingly he did as followeth,vizt. He acknowledg- ed the supream power of electing officers to be by the present lawes resident in the Grand Assembly, And that he would joyne his best assistance with the coun- trey in makeing an addresse to his Highnesse for con- firmation of their present priviledges, And that for this reason, That what was their priviledge now might be his or their posterities hereafter. Committee to draw up an address to Richard Cromwell. THE committee appointed to draw vp the addresses of the country to his Highness, to whom were added of the Councill, Coll. Wm. Claiborne, Coll. John Walker, Coll. John Carter, Capt. Francis Willis, Mr. Nathaniel Bacon, Mr. Warham Horsmenden. Committee for private causes. The Committee for Private Causes. LE'T Coll. Edward Carter, Coll. John Sidney, Coll. Moore Fantleroy, Mr. Henry Corbin, Captain George Jordan, Major Lemuel Mason. Committee of revisal The Comittee for review and regulation of the Acts, and to make Report of the inconveniencies or requi- site alterations. LE'T. Coll. John Stringer, Col. Robert Pitte, Capt. William Whittacre, Major Joseph Crowshaw, Mr. George Collclough, Mr. William Blacke. Wm. Parry's petition for 'clipf rejected. WILLIAM Parry tendring a petition to the House for a reliefe to be allowed by the publique in regard of his losses by fire, age and impotency had his said petition ejected. Certain cap- *uins of vec. COMPLAINT being made to the Assembly b\ Le'r. Coll. Miles Gary and Mr. Henry Corben two of MARCH, 1653-9— 10th OF COMMONWEALTH. 513 the collectors of the imposition of two shillings per hhd sels having That Thomas James, master of the AnVo. of London. ( r ^ 1 ™* y t0 J* y David IVelldy, master of the shipp belonging to South- two shillings a ampton, Mr. Henry Haines, master of the Rob't. Capt. hhd oftobac- Peter Wrox all, commander of the Good Will, Mr. Rick- be'taLn hito° ard Sellacke, master of the Recovery all of Bristoll, custody. Mr. Nicholas Smith, comander of the Dolphin of Am- sterdam,* Mr Samue.ll Groom, commander of the Dove, And Capt. Richard Husbands, comander of the Recovery of London refused to give caution for pay- ment of the said Levy according to the tenor of the act in that case provided ; It is ordered that Warrants issue forth vnder the hands of the Governour and • It is a melancholy fact, that every important public transaction in Virginia, from the commencement of the commonwealth of En- gland to the restoration of Charles the second, has been either totally misunderstood or wilfully misrepresented by all the English historians. Even Beverley, who was nearer the scene of action, and from whom more accuracy might have been expected, is not exempted from the general charge. Mr. Burke, the first historian of Virginia who seems to have been disposed to give a correct detail of the events of that period, has been compelled, in many instances, from the want of^ ma- terials, to substitute a rational conjecture for positive facts, founded on authentic documents — He states that neither the ordinance of 1650, nor the act of 1651, for imposing restraints on the commerce of the colonies, took eflect in Virginia (Hist. Vir. vol. 2. p. 120.) Robertson, on the other hand, speaks of those restrictions as in full operation, and assigns the existence of them, as one of the causes which confirmed the Virginians in principles of loyalty to the kiug, and rendered them im- patient to shake oft' the government of Cromwell. (Robertson's Hist. Amer. vol. 4, page 230.) The truth is, that in no part of the public records of Virginia, during the existence of the commonwealth, is the authority of the above mentioned acts of parliament recognized. On the contrary, various acts of the general assembly prove, ttiat the people of Virginia regulated their own commerce— (see particularly acts IX and XVI of 1659 60 ;) and the appearance of so many vessels in theit ports, among which wa§ one from Amsterdam, is quite inconsistent with the idea that they were under the influence of those regulations which " prohibited all mercantile intercourse between the colonies and foreign state*," and which provided "that no productions of Asia, Africa or America, should be imported into the dominions of the com monwealth, but in vessels belonging to English owners, or to the peo- ple of the colonies settled there, anil navigated by an English com- mander, and by crews of which the greater part must be Englishmen." fSet Robertson's Hist. Amer. vol. 4, pa. 229, 230.) The IXth act of 1659 60. is expressly founded on the principle, that the colonists bv the articles ot surrender, were entitled to a free trade with all the world, and the assembly compel every captain of a vessel to give se • urity in the penalty of £ 20he government. MARCH the 13th, 1658. COLL. John Carter, Mr. Warham Horsmonden & Capt. Francis Willis, Capt. Warner, Le : tt. Coll. Carter w^re by the House sent to the Governor and Council! for their assent to the last proposition con- cerning the establishing the government. Answer of the gov'r. and council. The Governour and CouncilVs Answer to the Burgesses Proposition. To shew our desire and complyance for the peace of the co.Uony, wee shall consent till the pleasure of his Highness be further signified. MARCH 1658-9— 10th OF COMMONWEALTH. 515 Wherevpon the proposition was drawn vp into an Law passed act and signed by the Governour and Speaker and by on the sub J ect beat of drum proclaimed.* Whereas Solomon Martin hath scandalously object- Martin corn- ed against Coll. Wm. Bernard, a Councellor ofState, mitted for that he could make his servants swear what he would, slnnder,0 S a rru ti ii -ii • i ht • number of lne House hath counted the said Martin to prison the council, vntill Monday morning for his offence. WHEREAS order for patterning the land of the The Wiccaco- Wiccacomoco Indians in Northumberland county vpon moco Indians the said Indians desei ting the said land was granted h ? jj^? d , eSe !| ** to the honourable Samuel Mathewes, Esq. Governour, &, reded it to &c. the twenty-seaventh day of November, 1657, and Sam'i Ma- confirmed by another order of the quarter court, dated Irani 5 confirm- the eleaventh of March, 1658, and that grounded ed. vppon the desire of the said Indians to surrender the same to his honour, The Assembly hath thought fitt to ratifye the said grams, and do hereby confirme the same, Provided that no intrenchment be made vpon any preceding rights of Coll. Richard Lee. * MARCH the 15th, 1658. PROPOSED, Whether Coll. John Carter, Mr. New election Warham Horsmonden and Le'tt. Coll. Auto. Elliottf of certain .-__ _-._ -. mi l tlr I I lilt- councillor. should, by vertue of their last election continue coun- cilors or be referred to a further confirmation. Resolved that they should be referred to a new el- lcction. TO the quere of the Governour and Councill refer- The gov. and red to the consideration of the Assembly, March |hT advice of " This was probably art I. of the preRpnt session, by which the go- vernor awl council ;ire appointed, and the mode of election and te- nure of their offices prescribed, till the pleasure of his highness shall be known. I Thea« were the three last elected at the session of March, 1657-8 516 LAWS OF VIRGINIA, (he assembly as to the right of appeal in a certain case. Judgment of Surry court reversed for giving a law an ex post facto opera- tion. the 11th, 1658, in causa Elizab : Perry vs. Thomas Davies, After long; suite judgment given, execution served, A new suite is againe renewed by Davis in chancery, And then Davis* appealing to the Assembly whether his appealemustbe allowed, hee neither charg- ing the court with error, injustice or partiality. VPON the petition of Coll. Henry Browne shew- ing, That he was impleaded by John Jennings, over- seer of the estate of Robert Morslay, dec'd. to reco- ver a debt without ground leaves which was made for tobacco then merchantable att the date of the bill, And Surry county court haveing granted an order for payment of the said debt in tobacco cieer of ground leaves, according to the tenor of the act of Assembly now in force, It is ordered, That the order of Surry county court be reversed; And that the said Jennings forthwith repay vnto the said Coll. Browne the over- plus of the tobacco and caske received by vertue of the said order of Surry court with costs als. exec'on. ATT A held at James Cittie, March 7, 1658-9, ID' The MS from which the acts of this session were printed, is now in the library of Congress, a I Washington. Samuel Ma- thewes elected gov. for two years. [From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death, it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was bor- rowed by Edmund Randolph, Esq.] ACT I. IT is enacted and confirmed by the Governour, Coun- cil and Burgesses of this present Grand Assembly, That the honourable Coll. Samuell Mathewes, Esquire. * " Daines" in the MS. but evidently a mistake MARCH, 1658-9— 10th OF COMMONWEALTH. 51' Bee the Governour and Cape. Gennerall of Virginia for two yeeres ensueing, and then the Grand Assembly to elect a Governour as they shall think fitt, the per- son elect being then one of the Councell, And it is fur- ther enacted, That the present Councell shall be the Councell of State, the Assembly reserveing to them- selves a just exception against any one perticular Coun- cellor ; But for the future the Councellors to be fixt dureing life except in case of high misdemanors, And of this the Grand Assembly to be the onely judge, And it is moreover ordained by the authoritie aforesaid, That the Governour shall have priviledgeto nominate the future councellors, and the Burgesses according to their discretion to elect, And this act to be of force vntil his Highness pleasure be further signified. Provision foi another elec- tion. Council of state. Tenure of their office in future. Members of council to be nominated by gov. k. elected by burgesses. Limitation of act. ACT II. Concerning conveneing of Assemblies. WHEREAS by act of this present Assembly, It Assembly, is provided, That the Assembly should, at the end how convene* of two yeeres elect a Governour, but no provision therein made for convention of an Assembly at that time to make the said election, It is proposed that the Governour shall issue forth his summons in January preceeding March, which shall be from hence two yeares, and in case the Governour at the time appoint- ed shall omitt the sending forth such summons, then that by the tenth of ffebruary, the Secrettarie for the time being shall send forth writtes for election of Bur- gesses, and in case the secretary shall neglect, then the Session the sherriffe, by his owne power to convene the people (by 10(h 0l Marcl the 20th of ffebruary) to elect Burgesses for the next years. Assembly, which of course is to beginn the tenth of GovV.omj March everie two yeeres, reserving a power to the Go- convene ,n J ' it i • case °' L '"' vernour to convene an Assembly sooner vpon the inter- ge ncv. veneing of any important occasion. ACT III. How to know a Runnaway Servant. WHEREAS the act for runnaway servants appoints The hair o onely the punishment of the said servants and the ""»"wa.v ? *" 51S LAWS OF VIRGINIA, vanttobccut pennaltie of entertaineing them, but provides no way close above f or t < ie discovery of them, It is enacted and ordained that his ears. . ,, J . ' ... the master ol everie sucli runnaway shall cutt or cause to be cutt, the hair of all such runnawayes close above their ears, whereby they may be with more ease disco- vered and apprehended. Indians per- mitted Jo use their own guns and am- munition. ACT IV. Indians to vse their owne Gunns. WHEREAS there is an act in force prohibiting the lending of gunns or ammunition to the Indians, by vertue of which many quarrells have arisen between English and Indians caringe their owne gunns, winch might, vnless prevented, prove a disturbance of the peace now made between the two nations, It is enacted and ordained that it shall be lawful! for the Indians to make vse of their owne guims and amunition with- out the lett or molestation of any person or person? whatsoever within theire owne li mitts. Preamble. No plat to be delivered in less than six months. Lands to be plainly mark- ed k. bounded. Penalty. ACT V. Concerning Snrveighors. WHEREAS many contentious suites do arise a- bout titles to land, occasioned much though the fraud- ulent and vnderhand dealing of surveighors who fre- quently make sale of the surveighs by them made, in the behalfe of one person to another, whereby often times he that had the first and justest right is vnjustly deprived of his due, ffor prevention whereof for the future, bee it enacted and ordained that noe surveighor of land shall give a plott of any land surveyed by him vnto any other person whatsoever, vntil six monthes after such plott is drawen according to its surveigh, &; that all land surveyed shall be at the surveighing there- of plainely marked and bounded for all persons to take notice of that none may by ignorance of the bounds in- trench vpon another's right, And the person offending either in giveing out of surveighs, contrarie to this act, or not sufficiently markeing his bounds to forfeit five hundred pounds of tobacco, for everie hundred MARCH, 1658-9— 10th OF COMMONWEALTH. 519 acres the surveigh shall be given of, to the vse of the Elder paten- county, That all owners of elder patterns shall be ob- «*cs compelled liged to show their bounds to those that shall require bounds to it haveing land bounded vpon theirs, with all conveni- ' h °se wishing cncy, at least within twelve monthes after demand, and jo m "™ e/ad " in case of neglect the younger being exactly bounded Consequences to be valid in lawo, the other presumed not to have of neglect, been lawfully surveighed, which will prevent quarrells amongst neighbours, all future differences especially concerning orphants, And this act not to extend to or- Exception as phanls land or persons out of the coloney, and all lands to orphans & soe bounded to be kept and continued by new marking Bounds'io^e' or setting vp of new markes in the places of these false, renewed. ACT VI. None to cxportc English Comodities out of this Conn- trey bought in the Collony. WHEREAS the necessities of this country are re- Preamble. leived cheifly by the importation of English goods, and that releife much obstructed by many that bring in vnnecessary comodities and make sale thereof for tobaccoe, which they againe truck for substantial! goods, as clothing and the like and by that meanes leave the country destitute of her owne supplies, It is Penalty for hereby enacted. That what person or persons soever * x P°>" l >"g' i ii r i ec. l- t pi Lnglish goods shall, alter the rnrst ot June next, exporte out of the except by the collony any English goods (not by hint formerly im- person import- ported) shall, vppon discovery of the same forfeite m S tliem such goods or the value thereof, the one halfe to the in- former and the other to the publique. ACT VII. Concerning Appeales. WHEREAS the acte for appeales, hathlimitted the Preamble, value of appeales from countie courts to quarter courts, but noe limitation of appeale from quarter courts to Assemblies, whereby many litigious suites for in- considerable valewcs are brought into Assemblies to the hinderance of the publique affaires and advance of the publique charge, It is enacted and ordained, Right of ap- That noe appeale be made from the quarter court to the peal from qr b 20 LAWS OF VIRGINIA, court to as- sembly limit- ed. Assembly vnder the valew of two thousand ffive hun- dred pounds of tobacco the originall debt besides costs and damages. Preamble. Right of ap- peal from Nor'ampton county k> qr. court limited. ACT VIII. Concerning Appeales from Northampton Countie. ) WHEREAS an act of Assembly had formerly pro- vided, That in regard of the greate distance between Northampton countie and James Cittie, that noe ap- peale should lie from the said countie courte, to the quarter courts, vnder the value of three thousand two hundred pounds of tobacco or thirty pounds sterling, It is hereby enacted and confirmed, That for the reasons aforesaid no appeale be hereafter made, from thence nor admitted in the quarter courte vnles it exceed the valew aforesaid. ACT IX. The Act for Mullberrie Trees repealed. Act 8 of Dec. WHEREAS the act for mullberrie trees seemes ra- i6o6rep'ld. rf ier troublesome and burthensome then any waies ad- vantageous to the country, It is hereby enacted, That the said act for planting mullberrie trees shall be re- pealed and made void. Preamble. Vestry of each parish electing a burgess to direct paym't of his wages : Collectors may distrain : ACT X. Concerning the Charges of a Parochiall Burgess. WHEREAS many disputes and controversies have arose about the defraying of the charge of the pa- roachiall Burgesses, by reason the vestrys of the said parishes have not been sufficiently qualified for laying the same vppon the people, It is hereby enacted and or- dained, That the vcstrie of any parish which shall elect any Burgess shall be impowered to order payment for his charges, And in case any persons within the parish electing shall refuse to make payment according to their order, then the collectors shall by vertue of that MARCH, 1658-9— 1 Oth OF COMMONWEALTH. 52a order make distresse for the same, which shall be ac- counted authentique in any court of judicature within this collonie. ACT XI. Mr. Thomas Flood made Interpreter for the Country, WHEREAS Coll. John fflood hath long and faith- i«dian inter* fully served this country in the office of an interpreter polme.f 11 and being now deceased, It is enacted, That Thomas fflood, son to the said Coll. John fflood, being recom- mended to the Assembly for his abillity in the Indian tongue shall be received in the place of his fiather and have the same salarv. ACT XII. Encouragement to make Silke. FOR inrouragment to the makeing of silke, It is Premium for enacted. That whosoever shall make fflftie pound of md m " Sl ' wound silke shall receive from the publique as a re- ward of his dilligence tenn thousand pounds of tobacco. Provided he prove it to be all of Iris owne makeing. ACT XIII. The Actes for Juries Inquest and for Peoples hringing in the Listes of their Families are repealed. WHEREAS the acts for juryes of inquiry and for Actsrbrim- peoples bringing in the lists of their families have not 5?"™f 'lUf produced sucli success as was expected tor detection or and concern offences, or discovering the true number of the titha- ingtitbaMes bles, It is enacted, That both the said acts be repealed Secret m ol and the sherriiTs to take lists as formerly hath a been 1657-s. accustomed. ACT XIV. Ordinaries Regulated. WHEREAS many inconveniencies and much dam- Preamble mage ariseth to the whole country in gennerall through the exorbitant prices of drinke sold by ordinarie-keep- 3S rZ-Z d>'ty courts to fix tavern rates accord- ing 1 to the price of tob. License to be obtained and bond and se- curity given. LAWS OF VIRGINIA, ers, which the acts for limitation of the prices have not wholly prevented, Bee it therefore enacted, That the county courts shall, as the prices of tobacco shall rise or fall, from time to time sett rates how the drinke shall be sold, And none to be permitted to keep ordinaries vnles they first take out their license and give good se- curity to sell att no other rates then those by the courts appointed, not excludeing the power of the Governour and Council in the time of quarter courts at Janm Cittie. ACT XV. In what case a Supersedeas may he granted. xNo superse- WHEREAS many causless molestations arise by the deas grantable f re quent granting of a supersedeas, Bee it enacted and 7nt%Zu'\]\ confirmed, That noe supersedeas be granted but in such He. cases and causes by any court where an appeale doth lie open, ACT XVI. Attomies for Buisiness out of England to putt in Sem- ritie. Fream!>!<°. Security fo r costs to be given by non- resident pits. WHEREAS many persons in this colony entertaine as attorneys many troublesome businesses out of En- gland, where justly there is no occasion for such mo- lestation and the parties so molested left destitute of releife by reason the said disturbers have no estate in this country to satisfie their dammages, Bee it therefore enacted, That noe attorney by any power out of En- gland or elsewhere shall implead or sue any personnof this colloney without first giveing in good securitie that hee the said attorney shall pay all costs and damages the court shall award against him, where the lawe shall find ihat he hath by that power vnjustly molested the ■d defendant. MARCH, 165S-9— 10th OF COMMONWEALTH. 523 ACT XVII. Noe Sherriffe, vnder Sherriffe or Clerke of a Court per- mitled to plead as Attorney. BE it enacted, That neither sherriffe, vnder sherriff Sheriff, uodei nor clerke of any court within this collony be permit- sl '^"' ff& ; c] V' k « 1 i • 9 ' i l i/» « not lo iHCtUi h* ted to plead in any person s behalle in any court where attornies. he officiates, and the sherriffe, vnder sherriff or clarke soe offending after prohibition to be ffined one thou- sand pounds of tobacco, to the vse of the countey where he pleaded, for each default. ACT XVIII. What CounctlUrs are to have a part in the Two Hundred Poufids. BEE it enacted, That noe councellor haveinge not of- Councillors ficiated in the ffower last courtes shall have any part P a 'J '» pro- of the two hundred pounds sterling given last Grand [heir attend- Assembly to the councellors they haveing not been at ance. any charge. ACT XIX. The Act (for Two Shillings per Hhd. made void. WHEREAS certaine inconveniencies have ben Act 12s ot found in the manner of collecting the imposition of two MaK *» 1667-8 shillings per hogshead to which an apt remedie could not bee applied and the said act now expired, It is enacted and confirmed, That the said lawe shall not be renewed but continue void. Notwithstanding which, all lobaccoes exported or to be exported this crop to be paid for accordinge to the said act, and the next yeeres levy to be raised in tobacco as formerly. ACT XX. The Office (if Secretarie conferred on Coll. Claiborne. WHKREaS the office of secretarie is a place of Wm Clai- great trust, and thought fitt by the Assembly to bee borne "PP'te* reserved to their disposall, It is enacted, that Coll. William Claiborne (acknowledging the said place re- 524 LAWS OF VIRGINIA. ceived from the Assembly) shall continue secretarie of state vntill the next Assembly or vntill his Highness pleasure be further signified vnto vs. June quartet court abolish- ed. Terras of March, Sept. and Nov. Preamble, Ground leaves not to foe disposed of. Penaltv. Provision in case of pre- vious con- tracts. ACT XXL Quarter Courts altered. WHEREAS the keeping of June quarter court hath bin found vnnecessary and inconvenient in regard the shipps are then out of the country, time of payment past and the crop then cheifly in hand, It is enacted and confirmed, That the said court shall bee totally abolished &i void and the three other courts to beginn the twentith of March, the twentieth of September, and the twentieth of November, Provided that the takeing away of this next June court, preiudice none, But that all referrences to that court, and all debts, by the late act made pleadable shall continue and extend vn- till next September courte. ACT XXII. Concerning Ground Leaves. WHEREAS at the last Assembly it was enacted that ground leaves should not pass for merchantable tobacco, the Assembly in tending thereby to lessen the quantity and mend the quality of tobacco, which act hath not produced the desired effect in regard the said ground leaves have bin trucked away to seamen & others so that the noise of so many hogsheads goeing home obstructs the markett, as much as ever, ffor pre- vention whereof bee it enacted and ordained that ground leaves shall be totally suppressed, and that whosoever shall be proved to dispose of or lay out any ground leaves in the countrey shall forfeit for the quantity of every hogshead so layd out three hogsheads and soe proportionable, and for every hogshead shipped home, tenn hogsheads, The one halfeto the informer, the o- ther halfe to the vse of the countey, and this act to be in force the ffirst of August next, Provided also that those which have made contracts before this act may have their contracts nulld whereby they may have an equall benefitt with others in the advance of their topp tobacco. 1 MARCH, 1656-9— loth COMMONWEALTH. 525 ACT XXUI. The Act for Hides and Iron not to bee Exported Re- pealed. THE act prohibitting the exportation of old Iron &, Act l>4oi Hides is hereby repealed and liberty given to any one J^g to make their best, advantage of them. P ^ ' repea * ACT XXIV. Free Trade with the Indians. WHEREAS it is manifest that the neighbouringe Preamble plantations both of English and ft'orrainers do plen- tifully furnish tli^Indians with gunns, powder &^" \J Jjs* shott, and do thereby drawe from vs the trade of bei&y •/ r ~" *v ver to our greate losse and their profitt, and besiAdr/ V$ the Indians being furnished with as much of both gilwCy \ and ammunition as they are able to purchase, Itistfev- TradSftiih | acted, That every man may freely trade for gipw*, Indiawp allow- powder and sholt : It deroerateine: nothing fronx,»jr p<1 'orsiuns, , salety and adding much to our advantage, AuclgjMs shot^fc act to be in force the ffirst of April which shall l»TW the yeare one thousand sixe hundred and sixty. ACT XXV. Provision to bee made for Amumiiou. BEE it enacted that a provident supplie be made of Every man to gunn powder and shott to our owne people, and this bc . P^'ded strictly to bee lookt to by the officers of the militia, acertafoMiaan vi/.t.J That every man able to beare armes have in tity of powder his house a fixt gunn two pounds of powder and eight and shot pound of shott at least which are to be provided bye- very man for his family before the last of March next, and whosoever shall faile of makeing such provision to be fined fliftie pounds of tobacco to bee laied out by the county courts for a common stock of amunition for the county SiJti .VT A .^tlllilaT rtLLD AT JAMBS CITTIE, THE THIRTEENTH OP MARCH 1659-60.* O^The MS. from which the acts of this session were printed, is now in the library of Congress, at Washington. [From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son, Peyton Randolph, Esq. after whose death it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was bor- rowed by Edmund Randolph, Esq.] SIR WILLIAM BERKELEY? Knight, Govern- our and Captaine Generall of Virginia.f 03?" The council of State : Mr. Richard Bennett, Coll. Will'm Claiburne, Secretarie of State, Coll. Wm. Bernard, Coll. Thomas Pettus, Coll. Francis Morrison, Coll. Edward Hill, Coll. Thomas Dewe, Coll. Obedience Robins, Capt. Henry Perry, Le'tt. Coll. John Walker, Coll. George Read, Coll. Abraham Wood, Lei ft. Coll. Edw'd Carter, Capt. Augustine Warner. * This is simply dated 1659 in the MS. but it was the session of 1659-60. f O* No portion of the History of Virginia has been so palpably misunderstood, as that which relates to the re-appointroent of Sir Wil- liam Berkeley, governor, before the restoration. Robertson (who quotes Beverley, pa. 55, and Chalmers, pa. 124) thus introduces the subject and accounts for the event : "Under governors appointed by the commonwealth, or by Crom- well, when he usurped the supreme power, Virginia remained almost nine years in perfect tranquility. During that period, muny adhe- rents to the royal party, and among these some gentlemen of good families, in order to avoid danger and oppression, to which they were exposed in England, or in hopes of repairing their ruined for- tunes, resorted thither. Warmly attached to the cause for which they had fought and suffered, and animated with all the passions natural to men recently engaged in a fierce and long-protracted MACRH, 1659-60— 11th OF COMMONWEALTH. ■>-' The Burgesses/or the severall Plantations. Henrico County. James Citty County. Mr. Theoderick Bland, Mr. Henry Soane, Speaker. Capt. Robert Ellison, Capt. William ffarrer. Mr. Richard Ford, Charles Citty County. Mr. William Morlev. Surry County. Mr. Theoderick Bland. ] Capt. Robert Wynne, Major Wm. Cawfield, Mr. Charles Sparrow. Mr. William Browne, civil war, they, by their intercourse with the colonists, conurmed them in principles of loyalty, ai.d added to their impatience and in- dignation under the restraints imposed on their commerce by their new masters. On the death of Mathews, the last governor named by Cromwell, the sentiments and inclination of the people, no longer under the control of authority, burst out with violence. They forced Sir William Berkeley to quit his retirement ; they unanimously elect- ed bun governor of the colon}' ; and as he re-fused to act under an usurped authority, they boldly erected the royal standard, and ac- knowledging Charles II. to be their lawful sovereign, proclaimed him with all his titles ; and the Virginians long boasted, that as they were the last of the king's subjects who renounced their allegiance, they were the first who returned to their duty." (Robert. Hist. Amer. vol. 4, pa. 230.) Never was there so short an extract more replete with error — .Not a dictum contained in it, is supported by the public records of the colony; but, on the contrary, they directly contradict every assertion of this historian. From the death of Charles I, in 1649, to the restoration of Charles II, in 1660, not a governor of Virginia, had been appointed either by the commonwealth or by Cromwell. In truth, almost every page of the Assembly's records, from the date of the convention with the com- missioners of parliament, in 1651-2 (see ante pa. 363, 371,) till the termination of the commonwealth, proves that the government of Virginia was entirely provisional ; and it no where appears that the influence of Cromwell's protectorship was extended to this colony. If this idea required any confirmation beyond what is clearly deducible from the face of the records, it would be found in the letter from the president of the council in England, (ante page 509) announcing Cromwell's death ; which expressly states, that certain measures had n contemplated by the Protector, towards settling the government of Virginia, " and some resolutions passed in order thereto, which, it was supposed, would have been brought into act, by that time, if the Lord had continued life and healih to His highness." After the death of Cromwell, his son Richard was acknowledg- ed as his successor, by the colony of Virginia, (ante pa. 511) and the same provisional government continued ; the bouse of burgc £28 LA.WS OF VIRGINIA, Me of Wight County. Vpper Norfolke Coll. Robert Pitt, Mr. Giles Webb. Major Rich : Hill, Mr. William Denson, Major John Bono", Mr. George Catchmaie. Mr. Nicholas Smith. having more and more encroached on the powers of the governor and council, till ihey left them mere cyphers. (See ante from page 499 to 505.) It was not until after Richard had resigned the reins of go- vernment, on the 22d of April, 1659, and before the restoration of Charles II, on the 29th of May, 1660, that the assembly passed an act expressly " taking the power into the assemblie's hands," though they had, in effect, exercised all the powers of government long before. The first four acts of this session (1659-60) shew the measures of th« assembly to have been the offspring of necessity; to have grown out of that state of suspense produced by the reserved conduct of general Monck, when it was uncertain, even in England, what kind of govern- ment would be finally adopted. Col. Samuel Mathews, late governor, having died in January, 1659, (see list of governors prefixed to this volume) the next assembly which sat on (he 13th of March, 1659-60, elected Sir William B-rkeley go- vernor, by act of assembly, (see act II, of March, 1659 60) precisely in the same manner as they had elected Mathews governor, at the preceding session (see act I, of March, 1658-9.) The story of Sir William Berkeley's being forced from his retirement, of his refusing to act under an usurped authority, and of the erection of the royal standard, Sic. is a mere effort of the imagination, about as much found- ed on fact, as that Mathews was the " last governor named by Crom- well," when we have seen, that he, like Berkeley, was elected by act of assembly. The truth is, that the election of Berkeley, was an ordi- nary act of ihe Assembly ; and the name of king, or of majesty does not occur till the October session 1660, after the restoration of Charles II had been announced. The idea that the people, on the death of Mathews, were " nolong- •: under the control of authority," is perfectly consistent with that poetic fiction which has given a coloring to the whole piece; but it is totally unsupported by fact. The governors, during the common- wealth, were the mere creatures o'i the house of burgesses, depend- ent on their breath for their political existence, and annihilated at their pleasure : — The ' Representatives of the People,' as they proud- ly and justly denominated themselves, were the only sovereigns of Virginia. Mr. Burk, who, with propriety, rejects the account, given by Robert- son and other historians of the election of Sir William Berkeley, has, from the want of authentic documents (having never seen the MS. from which these acts are printed,) hazarded a conjecture "that Sir William Berkeley received his authority from a tumultuous assemblage of cavaliers and aristocrats, without the agency of the assembly. See Burks Hist. Vir. vol. 2, pa. 119, 120.) It appears, however, that he was elected by a full assembly, composed, it is true, of many new members; but the acts passed at that session seem to be sucb, onlv . the exigencies of the countrv required. MARCH, 1059-60— I lth OF COMMONWEALTH. &9 Loner Norfolk^ . Warwick County. Capt. John Sidney, Coll. Miles Cary, Mr. Lemuell Mason. AT . r , r, .„., Major Ldw: Griffith. Northampton County, p.. , ., ritl . n . r J Lltzaoeth Lillic County. Coll. Edm'd. Scarbrough, Major Wm. Waters, Lt. Coll. Wm. Worleich, Lt. Coll. John Stringer, Capt. John Powell. The period of the death of Mathews, and the succession of Berke- ley, may be ascertained with tolerable accuracy, by a reference to the records in the office of the register of the land office, formerly the se- cretary's — In a book labelled " Patents from 1655 to 1664," folio 377, will be found, the last patents issued under Samuel Mathews, as go- vernor ; which were in September, 1659. — the first patent issued by- Sir Wrlliam Berkeley, alter his ^-election, (same book, folio 391) bears date the 22d of March, 1659-60: several other patents issued in his name, in March, April, iic. 1660 — (See Patents from 1655 to 1664, fo- lio 392, 393 ) To prove the fallacy of the position that the governors of Virginia during the commonwealth, received their appointments from England, it will only be necessary to recur to the pages of this volume, where it will be found that they were, in every instance, elected by the house of burgesses. In Xpril, 1652, Richard Bennett was appointed the first go- vernor, under the provisional government (ante page 371) ; in March, 1655 Edward Digges was elected (ante page 408); in March, 1657-8. SamiK'l Mathewes was elected (ante page 431, 2) ; at the same session, a contest arising between the governor and council and the house p{ burgesses, as to the constitutional power of dissolving the assembly, the burgesses declared all former elections of governor and council void and null ; but immediately after re-elected Mathews, (ante page 502 ;) by the fust act of March, 1658-9 (ante page 516 ;) Mathews was again elected ; and by the second act of this session, 1659 60, Sir Wil- liam Berkeley was elected. It is ridiculous to suppose that this fii\s> I'.tion of Sir William Berkeley, before the restoration had taken plate in England, was produced by a change of sentiments in the peo- ple ; that they should have anticipated a possible event, when the best informed men i>i Rngland were held in awful suspense, by the tacitur- nity and reserve of Monck ; doubting whether he would declare foi himself, for Charles II, or for any other individual. Let it be retnem ■ bered that the restoration took place on the 29th of May, 1660, and this assembly was held on the 13th of March preceding. If the people of Virginia had really declared in favour of Charles II, would ihcfi not have been some manifestation of it in their public acts ? But no- thing of that kind Appears. The style of the assembly is precisely suet, as marks the proceedings during the commonwealth, and their acts evidently flow from a state of interregnum. In the next assembly, in- deed, held in October, 16<>o, Sir William Berkeley is called " Hi- :\1 i • iv's Governor ;" but this was after the restoration was effected and he had prob bly received an appointment From the crown. 3 T n20 LAWS OF VIRGINIA, Yorke County. Coll. Christ'rCalithrop, Major Josepli Crowshaw, Mr. Nathaniel Bacon, Mr. Robert Baldry. JVeiv-Kent County. Coll. ManwaringHamond, Lt. Coll. Robert Abraball. Rappahannock County. Coll. Moore ffahfleroy, Mr. John Weyre. Gloster County. Lancaster County. Coll. John Carter, Mr. Henry Corbin, Mr. John Curtis. Northumberland County. Capt. Peter Ashton. Westmorland County. Capt. Thomas fibulke. Capt. Francis Willis, Capt. Peter Jenings, Mr. Peter Knight, Mr. David Cant. ACT I. An Act for taking the Power into the Assemblies hands. Preamble. WHEREAS by reason of the late frequent distrac- tions (which Cod in his rriercy putt a suddaine period to) there being in England noe resident absolute and gen '11. confessed power ; Be it enacted and confirmed, Supreme pow- That the giipreanie power of the government of this er •:< Jared ... countrv s j, a }| ;-. e resident in the Assembly, And that all SSSClVSOiV* *" writts issue in the name of the Grand Assembly of Virginia*, vtitil such a comand and oomission come out oi England as shall be by the Assembly adjudged law full. All writs to issue in their name. Sir William Berkeley elect- ed gov'r. Writs to issue in the name cf the assembly. To call an as- scrobij' once in 2 years. ACT II. An Act for Sir William Berkeley being Govcrnour. BEE it enacted, That the honourable Sir William Berkeley bee Govcrnour and Captain Gen'll. of Virginia, And that he governe according to the aun- cientlawes of England and the established lawes of this country, And that all writts issue in the name of the Grand Assembly of Virginia, That once in two years at least he call a Grand Assembly or oftener if he see MARCH, 1659-60— 11th OF COMMONWEALTH. 531 cause, that he have liberty to make choice of a Secre- Secretary &. tarie and Council of State with the approbation of the c ° uncil > how Assembly, And that he do not dissolve this Assembly Restriction without consent of the major part of the House. as to his right to dissolve ■ w the assembly. ACT III. .in Act to rtveale all Acts disagreeing with the Lames ana Power now established. WHEREAS by the frequent reveiwes and altera- Preamble, tions of the lawes of this countrey there may be some contrarieties happen, and some of the precedent lawes be adverse to the lawes enacted this Assembly and es- pecially to the power now established, Bee it therefore All laws incon- t ncictcd, That all precedent lawes and clauses in lawes, s,stent wal ' tllC Dl*C 56 lit contrarie to the lawes, power and fforme of govern- government men* ;;ow established be reversed, repealed, made void repealed, and null. ACT IV. An Art for the Peace of this Collony vnder the present Government. WHEREAS by reason of the late frequent distrac- Gamble, tions in England there is there no absolute gen'll. con- fessed power, And necessitie forceth vs (during these distractions) to declare some power, Vnder which this collonie may be settled, It hath been thought necessa- ry and convenient by the present Burgesses of this Assembly, the representatives of the people, during the time of these distractions, to take the government into their ovvne power with the conduct of the aunci- ent lawes of England, till such lawfull comission or comissions appear to vs as wee may dutifully submit to according as by declaration sett forth by vs doth more amply appeare, N<>w whereas many disaffected persons may be apt and forward by their idle words and actions to say or do such things as may be prejudi- cial to the authority and government for the present setled or established, For preservation whereof, Bee it Penalty for ordained and enacted by this. Assembly and by the autho- d ^a"ior. n of rtty of ne, That all persons whatsoever that shall »i, e present after publication hereof say or act any thing in deroga- govenuneot 532 LAWS OF VIRGINIA, iion ot' the present government hereby established shall be proceeded against as enemies of the peace of this collonie and receive punishment accordingly. Preamble. Penalty on sheriff for not mailing due return. On a burgess for not ap- pearing at the day. ACT V. AnActforSherriffes makeing due Rctumes of Burgesses y And Burgesses meeting on the day. WHEREAS many inconveniencies arise by the neg- ligence of sher's. in raakeing the due returnes of the Burgesses, And the Burgesses not appearing by the day by which meanes the charge of those counties whose sherriffes and Burgesses have performed the tenor of the writt is augmented and the publique buis- ness is retarded ; Beeit enacted, That what Sherriffsoe- ver shall not before the day expressed in the writt make returne of the election according to act of Assembly shall be fined two thousand pounds of Tobacco. And what Burgesses soever shall (vnlesse obstructed by some law'll impediment, and that to bee adjudged by the House) faile in makeing his appearance shall for ev'ry day he shall be absent after the day appointed in the writt for the sitting of the Assembly be fined three hundred pounds of tobacco to be disposed off by the Assembly. Preamble- ACT VI. An act for the suppressing the Quakers. W^HEREAS there is an vnreasonable and turbu- lent sort of people, comonly called Quakers, who contrary to the law do dayly gather together vnto them vnlaw'll Assembliesand congregations of people teach- ing and publishing, lies, miracles, false visions, pro- phecies and doctrines, which have influence vpon the comunities of men both eeclesiasticall and civil en- deavouring and attemping thereby to destroy religion, lavves, comunities and all bonds of civil societie, leave- ing it arbitrarie to everie vaine and vitious person whether men shall be safe, lawes established, offen- ders punished, and Governours rule, hereby disturb- ing the publique peace and just interest, to prevent M ARCH, 1659-60— 1 Ith OF COMMONWEALTH. 533 and restraine which mischiefe, ft is enacted, That no Penalty on master or comander of any shipp or other vessell do master,of bring into this collonie any person or persons called Sogig in Quakers, vndcr the penalty of one hundred pounds ster- quakers. ling to be leavied vpon him and his estate by order from the Governour and Council or the comissioners in the severall counties where such shipps shall ar- rive, That all such Quakers as have beene question- Allquakers ed or shall hereafter arrive shall be apprehended where- to be appre- soever thav shall be found and they be imprisoned with- tended a, \ d .i-i * . . -Hi ii. .. committed to out baile or mainprise till they do adjure this country p ,isontiii thev or putt in security with all speed to depart the collonie give security and not to returne again : And if any should dare to ,oleave,he i • i c ii colony. presume to returne hither alter such departure to be Penalty for proceeded against as contemners of thelawes and magis- returning, tracv and punished accordingly, and caused again to atyrdtiraTta depart the country, And if they should the third time be treated as be so audacious and impudent as to returne hither to felons - be proceeded against as lFelons. That noe person shall Penalty for enterain any of the Quakers that have heretofore been entertaining j i i t-y i s~> -i i • i or permittni'; questioned by the (joveruour and Council, or winch assemblies of shall hereafter be questioned, nor permit in or near his quaken. house any Assemblies of Quakers in the like penalty of one hundred pound sterling, That comissioners and j) uty r nia . officers are hereby required and authorized as they will gistrates an ,10t ' ,er " bond, he shall be totally debarred from hnveing any t ra de. trade in the country, Common reason prohibiting those to have the profitt of the trade that refuse to submitt to the lawes or endeavour to destro}' the priviledges of a country they trade with, Bee it also ffurther enacted.. Penalty for That what person or persons soever shall presume to trading- with trade with any master, merchant or mariner of any shipp, barque or vessell before he hath seen the certi- ficate or hath certaine notice, That he the said master hath passed bond according to the tenor of this act, Then the person so offending to pay 2000 lb. of to- bacco for a fine to the collector of the said imposition, who is herebj required to make diligent enquiry of such offences for the vse of the countrey. The condition of this obligation is such, That if the co ° n ,Htionof above bound shall well and the bond. 536 LAWS OF VIRGINIA peaceably behave and abears himselfe towards all the inhabitants of this countfey and also towards all shipps and vessells-, tradeiug hither tVotn any piace or places in amity with the people of England and this place without molesting, either the merchants, masters or marryners of the said shipp or vessells, either on land or aboard, also if they shall according to law well and truly p^y or cause to be paid the severall port charges and castle-duties att the appointed places to the respec- tive officers authorized to receive the same, And also if they shall before their departure out of this country give good caution that in case they discharge not their vessells at some port within the English dominions in Europe, then to pay for each hogshead of tobacco by them exported ienn shillings sterling, and if they shall not carry any passenger out of this collonie but such as shall legally procure a passe out of the secretaries of- fice, And if they shall, before their loading, make en- trie of their shipps and when full take out theire dis- patches for the same, Then this obligation to be void. ACT X. An Act (for Tenne Shillings a Hogshead imposed on all shipps that do not discharge inthe English Domi- nions in Europe. Preamble. WHEREAS the prudence of all nations hath pro- vided for the defraying the publiquenecessariecharges of the countrey rather by laying an imposition vppon the adventurers for the staple commooities of the coun- try by the exportation of which the greatest advan- tage accrues, then by taxing the persons of the inhabi- tants, the present Grand Assembly endeavouring as much as in them lyes to ease the burthen of the people, And takeing into consideration the greate benefit that accrues to other countries by the customes ariseing from our commoditie tobacco, And that Virginia whose peculiar staple it is, hath from it nor from the Duty «i' 10s. adventurers hither no publique advantage, Wee have evM-y"boea- thought it necessary and convenient, And accordingly head <>i u>b. have enacted and confirmed, That all merchants, masters exported G f shipps and mariners tradeing to Virginia and not bound to a bound by charter-party to returne and discharge in Briiish port, any of the English dominions in Europe shall pay for MARCH, 1659-60— 11th OF COMMONWEALTH, 53? everie hogshead of tobacco they shall load aboard any shipp, barque or other vessell arriveing here after the ffirst of August next and net bound as aforesaid the summe often shillings sterling, either in money, bills of exchange with good caution, or in good valuable comodities at twenty-five pound per cent, advance: Provided allwaies, That all adventurers, inhabitants of Virginian this country, trading in bottomes belonging to Virginia owners ex- owners shall be free from the said imposition, it tend- em i >ted ing to the advancement of trade here, The encourage- ment of the inhabitants to purchase vessells, And of marriners to make this the place of their residence. ACT XI. An Act for the anihilation of the Councellors. WHEREAS it was enacted the last Assembly, That Act I. of Coll. Samuel Mathewes should be Governour for two March, 165* yeares, And the Councill of State fixt during life, It is - ,repe thought fitt and enacted, That in regard the then Gov- ernour and Council dissolved the said Assembly and expressly declined the said act, That the said act be repealed and the priviledge and power of the Secre- tarie and Council of State annihilated made void and null. ACT XII. An Act for establishing a Court of Admiralty* WHEREAS by daily experience wee find the in- Preamble conveniencies that happen to the inhabitants of and traders into this country for want of a court of admi- ralty, Bee it enacted and ordained by this present As- Gov. &couu sembly, That the Governour and Council shall have cil constitute* full power and authority of a court of admiralty to cog- admiralty, noss, determine and administer justice in all things pertaining to seafairing, that shall appertaine, happen Their juris or fall out (within the jurisdiction of this collonie) diction either between mariner and merchant, or mariner and master as likewise all complaints, contracts, otf'ences, pleas, exchanges, assccurations, debts, counts, char- ter-parties, covenants and all other writings concern- ing lading and vnlading of shipps, flVeights, hyres and 3 V .338 LAWS OF VIRGINIA. all other buisiness whatsoever among sea-affairs done on the water, and where within the limitts and the juris- dictions of Virginia or the lawes and cognizance there- of, with the cognition of writts, the causes and actions of reprisalls, of letters of marque to take stipulations, cognitions and insinuations, And to do all other things without which the jurisdictions of the admiralty can- not stand or bear out, To make clerkes, marshalls and other officers, for the exercising of the said jurisdictions to arrest and putt in execution, and to enquire by the oathes of twelve men vponall offences, (vizt.) Against pyrats, their assistors or abettors, out-traidors or re- ceptors, against breakers of the admirall's arrestments and attachments against goods forbidden, merchandi- zes not customed and yet shipt and transported, against the resisters of the admirall's officers in executing pre- cepts against all sorts of transgressions comitted by seamen or any others any way touching the jurisdic- tion of the admiralty court. Preamble. Penally for a servant's laying violent hands on his master, mis- tress or over- seer. ACT XIII. An Act that no Servant lay violent hands on his Mastei or Overseer, WHEREAS by the audacious vnruliness of many stubborn and incorrigible servants, who by resisting their masters and overseers have brought many mis- cheifs and losses to divers pellicular persons of this country. Bte it enacted and ordained. That that ser- vant that shall lay violent hands on his or her master or mistresse or overseer and be convicted thereof, be- fore any county court in this country, the same court is hereby required and authorized to order such ser- vant or servants to serve his or their said master or mistresse two yeeres after his or their time by inden- ture, custom or law is expired. , Preamble ACT XIV. An Act for repealing an Act for Irish Servants. WHEREAS the act for Irish servants comeing hi without indentures enjoyning them to serve six yeeres. carried with it both rigour and inconvenience. MARCH, 1659-60— 11th OF COMMONWEALTH. 539 many by the length of time they have to serve being discouraged from comeing into the country, And by that meanes the peopling of the country retarded, And these inconveniencies augmented by the addition of the last clause in that act, That all aliens should be in- cluded, Bee it therefore enacted and confirmed, That the whole adt be repealed and made void and null, And that for the future no servant comeing into the country without indentures, of what christian nation soever,, shall serve longer then those of our own coun- try, of the like age : And it is further enacted, That what alien soever arrive here before that clause was inserted and that hath been by vertueof that last clause inforced to serve any time longer then the custom of the countrey did oblige them to shall be allowed com- petent wages by their se^erall masters for the time they have overserved, Any act, order of court or judgment to the contrary notwithstanding, Provided ahvaies that all such aliens as came in servants during the time that the said clause was in force shall serve according to the tenor of that act. Act 85 of March, 1657- 8, repealed. No distinction ;is to service, betw'n ser- vants of any christian na- tion. Provision for aliens arriv- ing before &. after former law. ACT XV. .in Act for the Pay of Dutch Masters bringing tit Runnaway Servants. WHEREAS by the articles of peace with the Dutch it hath been concluded that in case the master of any runnaway servants that shall be brought into this country shall refuse to make payment for his passage and such other reasonable costs and disbursments as shall be made appear due, that then he should receive his pay at the secretaries office, Bee it enacted, That payment shall be accordingly made there by the secreta- ire or his officer, either in money or tobacco, if to be procured at that time of the yeare or else in such other commodities of the country as can at the time of the demand be produced to make satisfaction, And for the raising the same, Bcc it further enacted, That the se- cretarie or his appointed officer shall have power to dis- pose of the said servant by outcry or otherwise, for so long time as will raise the value disbursed for him, af- ter thf 1 expiration of which time he shall be returned Preamble. Payment for apprehending runaway Dutch serv'ts to be made at the secretary's office. How reim- bursed ■4 .:'/(*» LAWS OF VIRGINIA, to his master from whence he ran away, and serve him the remainder of his time by indenture and the addi- tional] time imposed by act. , Butch & ali strangers of any christian jtation allowed a free trade. Assurances «f protection. Duties. Uonds ,Duty on tob. produced by sale of ne- groes. ACT XVI. An Actjor the Dutch and all other Strangers for Trade- ing to this Place* WHEREAS the restriction of trade hath appeared to be the greatest impediment to the advance of the estimation and value of our present only commodity tobacco, B> e it enacted an! confirmed, That the Dutch and all strangers of what Xpian nation soever in am- ity with the people of England shall have free liberty to trade with vs, for all allowable comodities, And receive protection from vs to our vtmost powers while they are in our jurisdiction, and shall have equall right and justice with our own nation in all courts of judica- ture, Provided they give bond and pay the impost of tenn shillings per hogshead laid vpon all tobacco ex- ported to any fforreigne dominions and give bond ac- cording to act, Alhvaies provided, That if the said Dutch or other forreiners shall import any negro slaves, They the said Dutch or others shall, for the tobacco really produced by the sale of the said negro, pay only the impost of two shillings per hogshead, the like being paid by our owne nation. No burge.-N of the present assembly to accept any fcther office. ACT XVII. An Act for debarring the present Burgesses from take- ing any Offices that may take them offfrom\ being Members of the House. WHEREAS it hath bin thought fit for manie im- portant reasons to adjourn and not to dissolve this present Assembly, Bee it enacted, That the same be * By the 74th act of March, 1657-8, (ante pa. 469,) a duty of ten shillings a hogshead was laid on all tobacco exported by tbc Dutch or other foreigners, in any vessel whatever, and bound to any port, excepting only English vessels bound directly to a port in England. This is another conclusive proof that the colonists, dur- ing the commonwealth, enjoyed a free trade with all people in ami- ty with England MARCH, 1659.60— I lth OF COMMONWEALTH. 541 not dismembred of any presentBurgesse by being made Councellors or sherriffs vntil the disolution of the As- sembly : And if anie present member shall, contrary to this act, presume to accept of either of the said places whereby he may be rendred incapable of serv- ing as a Burgesse, Bee it further enacted, That he pay Penalty tenn thousand pounds of tobacco fine for his contempt, The fine to bee disposed of by the Assembly. ACT XVIII. An Act concerning Appeales. WHEREAS the act restraining appeals is found in- App( , als ioi convenient, Bee it therefore enacted, 'I hat the said act any amount be made void and appeals from county courts toquar- allowed. ter courts, and from quarter courts to Assemblies for what value soever for the future be laid open, Provi- ded that if the appellant be cast in the court he ap- Dam a^osone peales to he shall pay halfe the value of the debt to the half the debt. appellee for his damages beside all costs of suites, Not to ex- Provided that this act extend not so the act prohibiting fr 0m Nor'amp- appeales from Northampton county, vnder a certaine ton county. value, which is yet in force, Provided also, That no ap- ^° «PP^ al u }} ii i mi • i ■ i » i i • final judgmt. peale be made vntill judgment be passed, And thatju- j ur ; e s to as- ries be empannelled to enquire of the damages in all sess damages inixt and reall actions by the court where the appeale on a PP ,|f: ' is tryed. ACT XIX. An Act concerning the Trusting of Indians. WHEREAS many English tradeing with the Indi- Preamble ans out of an inordinate coveteousness, trust the said Indians with more truck then they are able to pay for, And after makeing vse of the benefttt of our lawes with which the Indians are vtterly vnacquainted, imprison the persons and attach their goods, which provocations may in time contract a warr vpon the country: Bee it enacted, That what Englishman soever shall hereafter N? recovery ¥ ,. . , ° ... , r of debts from trust any Indian with any commodities or truck of Indians. what value soever he shall do it at his own perill, But shall not have benefitt of any arrest, plaint, suite or processe at lawe to recover the same, And all courts of justice and their officers to take notice hereof and to oroceed accordinglv. 642 LAWS OF VIRGINIA, ACT XX. Preamble. Register of marriages, deaths and births to be kept in each parish. To be certified to the clerk of the co'ty court. Penalty for failing' to give notice. For failing to certify. Otlicer ap- pointed by vestrv An Act to record all Marriages, Births and Burialls, WHEREAS many differences arise about the age of orphants, and enquiries are often made for persons imported into the collonie, of whose death no positive certificate can be granted for want of registers, Bee it therefore enacted, That every parish shall well, truly and plainly record and sett downe in a booke provided for that purpose, all marriages, deaths and births that shall happen within the precincts of the parish, and in the month of March in every yeare, the person ap- pointed by the parish so to do, shall make true certifi- cate into the clerke of every county to the intent the same may there remaine on record for ever, And if any master of a ffamily or any other whose duty it is to give notice and information to the partie that is appoint- ed to enter the same on record shall faile to doe the same within one month after such marri age, death or birth shall for every such default forfeit one hundred pounds of tobacco, And if such persons as are appoint- ed by the parish shall faile to make such returues to the clerke of everie county in the said month of March as aforesaid shall forfeit one thousand pounds of tobac- co, The one moety of the said forfeiture to be paid vn- to the governour, The other moety to such person or persons as shall discover the same, and make proofe thereof in any court of record within this collony, to bee recovered by the vsuall action of debt in any of the said courts, And the vestry of each parish vpon pub- lication of this act to appoint such an officer in every parish. Adjournm t of asseoiblv. ACT XXI. An Act for the adjourning of the Assemblie. BEE it enacted and confirmed, That this Assembly be adjourned to the twentieth of March, 1660, But if the governour find occasion by the importance of affaires to conveene it sooner, It is further enacted, That he issue forth his sumons to the present Burges- MARCH, 1659-60— 11th OF COMMONWEALTH. ses, who are hereby required to make their appearance at James Citty accordiug to the tenor thereof. Wm. BERKELEY. THEODE: BLAND, Speak cr. 543 ORDERS^ OF A &MMW ASSHUB&I HELD ATT JAMES CITTIE, MARCH 13TH, 1659-60, Sir Wm. BERKELEY, Kn't. Governour and Capt. Generall of Virginia. Mr. Theoderick Bland, Speaker. ORDERED that the port-charges and castle duties of all shipps arnveiug and lading in any the ports or rivers within the jurisdiction of Virginia shall be paid to the honourable Sir William Berkeley, Knight, Go- vernour and Captain Generall of of Virginia, att the severall places and to the severall persons by him ap- pointed to receive the same, And it is further ordered, That all such ships as have arrived in any part of this countrey since the decease of the right late honourable the Governour, Coll. Samuell Mathewes, In case they have not alreadie paid the said port-charges and castle- duties forthwith make payment of the same to the said honourable Sir Wm. Berkeley, kn't. or his order, And in case any shipps have gone out of the country without payment made as aforesaid, It is then ordered, That imediately after their next returne into the countrey payment may be made accordingly for the vse aforesaid. According to act of Assembly in that case provided, Port charge a and castle- duties payable to Sir Wm. Berkeley- Provision in case of ship? which arriv- ed after the death of Mathcvc- " These appear to be Resolutions of the assembly, on private and local subjects, as contra distinguished from Ads, which are of genera' - oncern J44 LAWS OF VIRGINIA, And all persons that by vertue of any power now or formerly granted them have received the said port- charges and castle-duties are hereby ordered to make present payment of what they have soe received vnto the said honourable Sir William Berkeley or his order. Declination of the house assigning reasons for assuming the powers of go- vernment. ORDERED, That the declaration alreadie drawne vp and read in the House demonstrating the reasons and grounds of the Assemblies assumeing the power of the government be forthwith proclaimed and pub- lished, And the declaration recorded.* Sir William Berkeley de- sires the ad- vice and con- currence of the late coun- cil on his ac- ceptance of the govern- ment. WHEREAS, the honourable Sir William Berkeley desired the advice of the late Councellf and their con- currence in his acceptance of the government, It is or- dered, That he have the free liberty of treating with them, And that his letter and their subscription ap- proving his election be recorded. Sir William Berkeley's acceptance of the office of governor. ORDERED, That the declaration of Sir William Berkeley, Kn't. to be governour and Capt. Gen- nerall of Virginia, and to enjoy the obedience of the * This declaration has probably been lost with many oilier public records of the colony. Its import may, however, be discovered in the lirst act of March, 1659 60 ; which assigns as a reason for taking the government into the assembly's hands, " that there was no resident, absolute and general confessed power in England. — This, doubtless had an allusion to the interregnum in that country ; it being between "he resignation of Richard Cromwell, on the 22d of April, 1659, and the restoration of Charles II. on the 29th of May, 1660. t By the first act of March, 1(558-9, Samuel Mathewes was elected governor for two years, the existing councillors were declared to be the Council of State, and future councillors were to hold their office for life, removable only by the Grand Assembly, for high misdemeanors. The governor and council having negatived that act, as appears by thft Xlth act of March, 1659-60, and Mathewes being moreover dead, it might well be doubted, whether there was, al (his time, any executive government in Virginia. This state of things probably gave rise to the above resolution, and the election of Berkeley as governor. If the royal standard had, in truth, been erected, as represented by all the English historians, surely we should have had some intimation of it, in seme of the proceedings of this assembly. MARCH, 1659-60—1 lth OF COMMONWEALTH. 545 people be forthwith proclaimed by the high sherriff of ■James Citty County and the declaration to be re- corded. ORDERED, That Collonell Man waring Hamond, Major General according to the desire of Sir William Berkeley, Kn'u «PP»'«"ed. Governour and Capt. Generall of Virginia, be con- stituted, authorized and made Major Generall of Vir- ginia. ORDERED, That John Johnson, millright, being John Johnson- a Dutchman be for the encouragment of other artifi- » tln . ,lt,( ' d a r , . i-ii i • denizen. cers oi what nation soever admitted to be a denizen of Virginia, he haveing been resident here much lon- ger then the act for denizens requires, And intending according to the tenor thereof to make this the place jf his future residence, Therefore vpon oath taken ac- cording to act, his letters of denization are ordered to issue forth. WHEREAS Richard Bushrod exhibiting at petition Bushrod vs. 3gainst Thomas Brereton about a parcell of land in Breretoo, re- Potomack River, which land the said Bushrod pre- trial a t law lends the said Brereton surreptitiously procured order this suit being to pattent, he is referred to take his co-.irse against the fxti a judicially •' , r> , , . . . P hio t in the said tfatreton at the comon law, this petition extra- assembly, judicially brought into the Assembly. WHEREAS severall parishes have exhibited to this No shei-ifl" Assembly their complaints against the sherriiTes of the sh ; 1 " ,efuse •'.'". , c toholdanelec county lor rctuscing to take notice or make returne ot tion for a pa- the Burgesses by them elected, Whereby their pri- rochialbur- viledgesgraunted;them by the law have been infringed, uuestcd lt bVth.- It is therefore ordered that no sherriiTfor the future vp- vestrv on the desire of the vestry to have a parochial Bur- gesse manifested to him shall refuse to convene the people at a certaine time and convenient place, And be there present to take oft* their election and accordingly to returne their Burgesse- ORDERED, That the comiltee lor auditing the p w«i ... accompts of the collectors of two shilling per hhd. be committee . 3W 546 LAWS OF VIRGINIA, audit collect- or's acco'ts. impowered to examine wktnesses, administer oathes, and all other legall meanes to vse, whereby the truth of the said accompts may be the more certainly mani- fested. Govrmay ORDERED, That the honourable Sir Wm. Berkc- elect one mem- ] e y ma y at [ Hs pleasure elect & swear one person to coundl'who De °f llie Couneell of State, Provided he be no mem- skull not be a ber of this House. member of the house. ' ' "" Salary of the governor. ORDERED, That the honourable Sir William Berkeley, Knight, shall be allowed for his support of the government besides castle-duties and lycences, seaven hundred pounds sterling out of the imposition of the two shillings per hogshead and fifty thousand pounds of tobacco out of the levy, And the customes of all Dutch vessells tradeing hither from the Mana- dos if anv such come. Suits against executors of Samuel Ma- thewes remov- to q'r. court. WHEREAS there are severall actions entred a- gainsithe executors of the estate ofSamuell Mathewes, Esq. deceased to the county court of James Cittie, Which actions the executors have desired might be heard before the Governour an 1 Council, // is accord- ingly ordered, That all the said suites shall be heard on the sixth day of the next quarter court, Provided the executors give notice to the severall creditors that they may then and not before attend to prosecute. Writ of ease ORDERED, That Robert Lawrence according to grated to a hj s p et i Ll011 nave a W rilt of ease granted him from his commit, r. . r ,„ . . ° . . r of co'ry court, future officiateing as a comissioner in the county of Nanzemund. Permission to c:irry an Indian boy into iingland. ORDERED, That John Beauchamp, merchant, be permitted to carry his Indian boy into England, Pro- vided that at the county court in Charles Cittie Countie he make it appeare that he hath the consent ol the said Indian boy's parents soe to doe. MARCH, 1659-60— 11th OF COMMONWEALTH. 547 WHEREAS the king of Wcanoak hath shewed that Protection by reason of many disadvantageous bargaines, made from arres,s with the English his debts are at present greater then fhTkingof his abilHties to pay, sne that he hath by his English Weanoak. creditors bin imprisoned whereby much detriment hath a cere wed to the publique, It is according to his petition wherein he offers security ordered that a pro- tection be granted him against ail arrests for any ac- tion of debt vntill the first of March next, of which all sherriffes and their deputies are required to take no- tice and commanded not to serve any writt or warrant vpon him, before the said first of March as they will answer the contempt at their perill. WHEREAS the many important favours and ser- John West vices rendred to the coimtrey of Virginia by the no- and »'amily ble family of the West, predecessors to Mr. John West, %™ j^ their now only survivor, claim at least that a gratefull in considera- remembrance of their former merrits be still continu- tionofthe ed to their survivor. It is ordered. That the levies of hil ancestors the said master West and tits ffamily be remitted, and that he be exempted from payment thereof during life. IT is agreed vpon in the House, That the nomina- Governor to tion and choice of the several! collectors of the impo- appointcot- sition of two and term shillings per hhd. of tobacco be po^duties* wholly referred to the consideration of the honourable Sir William Berkeley, Knight. ORDERED, That according to the desire of the Wm.Ciai- honourable Sir William Berkeley, Coll. William borneappoiafc Claiborne bee confirmed in the office of Secrelarie of ^retaryof State. ORDERED, That Coll. Thomas Swann pay thir- j^m'ta^t ty fom pounds six shillings and nine pence being the Thog. Swan ballance of his accomnt of collection for the vse of the !^ ,,:il ; , , , i l " duc I lad the public puMiquc to such person or persons as the Assemblie *hall appoint. 54S LAWS OF VIRGINIA, Discoveries authorised &. encouraged. WHEREAS it hath been formerly granted by act of Assemblie in one thousand six hundred fourty and one, And by order of Assembly in one thousand six hundred ffifty and two, ffor encouragement of disco- verers to the westward and southward of this countrey, granting all profitts ariseing thereby for fourteen yeeres, It is by this Assembly ordered, That Mr. Fran- cis Hamond and his associates either joyntly or sever- ally may discover, And shall enjoy such benefitts, pro- fitts & trades for fourteen yeeres as he or they have found or shall find out in places where no English ever have been or discovered or have had perticular trade, And to take vp such lands by patients (proving their rights) as they shall think good, not excluding others alter their choice (from takeing vp lands and planting in those now new discovered places as in Virginia now is vsed,) But wholly from the trade during the said fourteen yeeres, that being wholly appropriated to the said Francis Hamond and his associates. Cary vs Br> wcr. Right of common ad- judged to in- habitants of Stanley hun- dred, WHEREAS a suite hath long depended between Mr. Miles Cary and Mr. John Brewer, proprietor ot land in Stanley Hundred and Mr. John Harlowe about ffiftie acres of land given by order of the Governour and councell in the yea re one thousand six hundred thirty-one, for a com'on vnto the inhabitants of the said Stanly Hundred which grant of the Governour and Councell appearing valid by the Grand Charter exhibitted to the comittee, It is therefore ordered. That the said fifty acres be confirmed to the said in- habitants of Stanly Hundred according to the grant, And that the pat tent for the same granted to Mr. Har- lowe be made void and null. Escheated WHEREAS John Hope, lately of New-Kent, died land, for want i n testate, and at the time of his death, was possessed how disposed °f a certain divident of land to which no heire as yet of. hath appeared to make claime, And John Barber, administrator of the said Hope's estate haveing still assets in his hands, And the county of New-Kent haveing paid above two thousand pounds of tobacco tor accompt of the said Hope's debt, It is therefore ordered. MARCH, 1G59-60— 11th OF COMMONWEALTH. 549 that the said land remain in the possession of the co- missioners of the said county of New-Kent for the vse of the county vntil an heire appeare. WHEREAS Edward Prescott on the third day of Prescott vs. December in the year one thousand six hundred fifty Andrewes. and nine obtained an order of the quarter court awarded 68 * against William Andrewes for four hundred and sea- ventie pound sterling, It is ordered, That a supersedeas be granted to the said Andrewes to make stay of exe- cution vpon the said order, Provided the said An- drewes give notice to the said Prescott that the case is to be reheard the sixth day of the next quarter court, And that he give good security for payment of the damages that the said Prescott may sustaine by reason of the said stoppage of proceedings in case the said Andrewes be cast in the suite. WHEREAS Mr. Theodorick Bland petitioned this Bland vs. Assemblv for damages in a case wherein he had judg- Dromorul da 11 ?, ,, ,„.„. t\ * mages award ment the last Assembly against Mr. V\ ilhani Dromond e( j. who was attornie of the Coheires of Basse, It is or- dered, That the said Dromond pay vnto the said Bland two thousand five hundred pounds of tobacco damages according to act als. execution. ORDERED, That two thousand pounds of tobacco Wages of a be paid vnto Mr. Phillip Mallary for his officiateing chaplain at the two last Assemblies out of the levy in Yorke county. ORDERED, That Mr. Peter Lansdale and Mr. Preachers at Phillip Mallory be desired to preach at James towne next asse,nb,v the next Assembly. ORDERED, That the appointment of the collec- Appointment tors for gathering the imposition of two shillings per °f collectors hogshead be wholly referred to the honourable Sir sir W. Berk* William Berkeley. ley. THE widow Hudson extrajudicially bringing into Acausein the Assembly a petition against Collouel William l !' e ;tsseml)l >' . J r o dismissed as, Clayborne is referred to take her course at thecomon extrajudicial!: lawe. wrought 550 Arrearages due to Sir Wm. Berke- ley, how col- lected and paid. LAWS OF VIRGINIA, WHEREAS it appeares that there was levied for Sir William Berkeley vpou the county of Lancaster (which then included the whole river of Rappahan- nock) twelve thousand six hundred pounds of tobacco, And vpon the county of Northumberland, including then the whole side of river of Potomak in Virginia, twenty-one thousand eight hundred eighty-eight, And that there was more due to the said Sir William Berke- ley ten pound per pole for corne to have been paid by the then tithables, It is ordered, That in case the comissiouers of the said counties or rivers haveing power by special warrant to cause the then collectors to bring in their accompts, do not by the tenth of Oc- tober next make it appeareto the Governour and Coun- cell, That the said tobaccoes have been paid to the said Sir William Berkeley or his order. That then the said comissiouers take course to levie the same vpon the persons delinquent or else make satisfaction of the premisses als. execution. Proceedings bi/noATbe ORDERED, That none of the transactions of the discussed at last Assembly bee at all disputed of this session. tli ij. John Har- ORDERED, That in case Mr. John Harlowe cleare loue suspend- 1 • \c c -I 1 " i • i ■ i edasacom- bimselfe of the objections now made against him he missioner. shall be restored to his former place in the comission ; but vniill then he stand suspended. But one court ORDERED, that the orders of Assembly permit- to foe held in . . . ' . J r Isle of Wight, tm S tl) e comissiouers of the Isle of Wight county to keep two courts, bee reversed, made void and null, and that they keep only one court, and that to be held at the vsual place as before the courts were devided. Burgesses wave their privileges as to arrests. IT is vnanimously agreed vpon by the Burgesses that they will not c Lai me the priviledge of a Burgesse, Exempting them from arrests, during the time of the adjournment of this present session : But that they will be ten dayes after the expiration of this session subject to arrests, Judgment and execution against their es- tates but the persons to be still free. MARCH, 1659-60— 11th OF COMMONWEALTH. 551 ORDERED, That vpon an amhentique power le- Payment di- gally attested from alderman Jackson and alderman recl ' (1 '" ■*" Browne of Bristol produced to the eomittee for pro- l,^'",,!) W portioning the levy they shall be authorized to make Brown. payment to their said attorney of twenty-two thousand sixhundred eighty-one pounds of tobaccoe, He give- ing them a sufficient discharge to acquit the country from any further claims. ORDERED, That seaventy one thousand five hun- Expenses of dred pounds of tobacco the same allowance of the soul- | he las > wfa "> the Secretaries office by the first of September next,At;d that the Governour and Councell proportion the levy Levy, how made this session, And enquire what sherriff have been a PP r «P"a*ed. delinquent in returning the writts for the Burgesses Sheriffs to be and fine each offending sherrine six hundred pounds fined, of tobacco. Extracts from the Minutes of the Proceedings of the Governor and Council of Virginia. [From a MS. belonging to Thomas Jefferson, President of the United States, which was purchased by him from the Executor of Richard Bland, deed.'] Dec. Kith, 1631. BECAUSE Edw. Grymes lay with Alice West he gives security not to marry any woman till further or der from the Governour and Council. 552 LAWS OF VIRGINIA. March 25th, 1630. Tho : Tindall to be pillory'd 2 hours for giving my L'd. Baltimore the lye & threat- ning to knock him down. 6th Sbr. 1631. The first informer of any slander- ous reports of Governour or Council were to have the fine ; this day one was whipt and lost his fine for con- cealing such a slander. Henceforward a court every Munday 14night to be held at James City, one Councellor to be there, all of 'em to take their turns. 1 Feb. 1632 Two maids got with child at sea. or- dered to be sent back again. Dec. 1633. The Compa's. Governor used to grant patents here and after the compa. confirmed them, and after their dissolution the K. confirms all patents made in their time agreeable to their laws. When large tracts of land were petitioned for and the Guv'r. and Council were willing to grant it, they used to recommend it to the King's com'rs. for the af- fairs of this colony for confirmation. 1639. The King's letter commanding assistance to Jflenry L'd. Maltravers in seating Carolina to whom it was granted. 1640. A midwife administered an oath to a preg- nant woman and the child born in marriage adjudged another man's. Stephen Reekes put in pillory 2 hours with a paper on his head expressing his offence, fined £ 50 sterling and imprisoned during pleasure for saying that his ma- jesty was at confession with the L'd. of Canterbury. Robert Sweet to do penance in church according to laws of England, forgetting a negroe woman with child and the woman whipt. Francis Willis, Clerk of Charles River court turned out of his place and fined for speaking against the laws of last Assembly and the persons concerned in making them. END OF THE FIRST VOLUME y IUBJBS TO THE FIRST VOLUME Of THJ. STATUTES AT LARGE. ABSCONDING DEBTORS. See Attachment. ACCAWMACKE, One of the original counties 224. Name of, changed to North- ampton 249. Disturbances in, 380. How quieted 380, 384. Expenses of war in, how paid 550. ACCOUNTS. Limitation of actions on, 301. Exception 302. Further ex- ception in favour of officers of court 312. Not recoverable without writing 485-6. But if the debtor will not deny the debt, on oath, the court may give judgment 486. Not to extend to decedents' estates 486. ACTS OF ASSEMBLY. All former acts repealed 177, 180. How published 177, 202. Not to be contravened by proclamation or order of court 264, 447. Penalty for re- sisting execution of, 270. All acts contravening the provisi- onal government repealed 53 1 . ACT OF NAVIGATION, Passed in 1651, never enforced in Virginia 513, note. ADMINISTRATION On decedents' estates, where to be taken 302, 447, 479. Let- ters of, not grantable till after third quarter court, except to widow 400, 479. Order of paying debts 400. Estate, how sold, 400, 479. Quietus 401, 447, 479. Surplus es- tate, how disposed of 401 ,471 ADMINISTRATORS. See Executors and Administra- tors. ADMIRALTY, Court of, established, composed of the Governor and Council 537. Their jurisdiction 537- 8. ADULTERY. Singular judgment of the Go- vernor and Council for, 145, note. How presented 240, 310. Punishment of, 433. AGREEMENT With the Governor of Maryland as to commerce 276. ALARMS, Adjoining plantations to assist in, 174, 198. No guns to be shot at drinkings, except at marriages and funerals 401-2. :x\i INDEX. A. ALIENS. All alien? compellable to serve as long as Irish servants 471. ALLEGIANCE.— See oaths. Oath of, to be administered To each passenger, on his arrival at Point Comfort JG6, 191. Punishment for refusing - to take it 166, 191, 214. AMENDMENTS, To the Constitution of the Unit- ed States 26. 30. AMMUNITION To be provided for each planta- tion 127. Payable at the fort of Point Comfort 176, 191, 218. Not to be sold to Indi- ans 219. Or lent to Indians 255. Penalty for bartering or selling to Indians 441. For lending 441. Free trade al lowed with Indians for, 525. Every man to be provided with a gun, and certain quan- tity of, 525. ANCIENT CHARTERS, To the colony of Virginia 57, 118. ANCIENT RECORDS, Relating to Virginia, some ac- count of, 76. APPEALS Allowed from monthly courts to Governor and Council 125, 272, 477. And from quarter courts to Assembly 272. Da- mages on, 272, 334. From county courts to quarter court and from quarter court to As- sembly 304. When to be al- 1 lowed 334. All former laws! concerning, repealed, and newj regulations concerning 345. Allowed from Apparnattock I to Henrico and Charles City 376. From county courts to' quarter court, and from thence to Assembly 398. Damages on 398. Security 398.-— From the judgment of one or two commissioners, 435. Commissioner from whose judgment an appeal taken, not to sit on the trial of the cause 435. For what sums appeals allowed from county to quarter courts 477. From quarter court to Assembly 477,519,520. Damages on 477. Question referred to the Assembly by the Govern- or and Council, as to the right of appeal 515, 516. Allow- ed from Northampton county, for what sum 529. Act re- stricting the right of, repeal- ed ; and appeals allowed for any sum, except as to North- ampton county 541. Dama- ges on, fifty per cent. 541. — No appeal till final judgment 54 i. Juries to assess dama- ges on 541. APPEARANCE. Of defendants in civil action, when to be 271. Penalty for failing 272. APPAMATTOCK, Inhabitants of. authorised to hold courts 376. Appeals to Henrico and Charles City courts 376. APPRAISEMENT Of decedents 1 estates 170, 201, 479. Allowance for 417. Of goods taken in execution 259. 442. APPRENTICES. Penalty for dealing with other mens' 274-5. Provision for binding out, in each county A INDEX, A. \xvu ooti-~<. Two from a county to be sent to Williamsburg 1 335. How employed, their al- lowance, accommodation, Stc. 336-7. APPROPRIATION Of the public revenue 142, 171, 195. To Renj. Harrison 229. To the payment of certain public claims 55 1 . AQUA VIT.E. — See spirituous liquors. AR HERs HOPE. Encouragement for tween A it her 1 s Hope Queen's Creek 199. ARMS Precautions concerning 127, 173, 198. To be carried to church 174, 189, 263. Not to be sold to Indians 219, 255. Or lent to Indians 255. All settling be- and the authority of the parliament 363, 367, 472. Right of free trade under, asserted by assem- bly of Virginia 535. ARTIFICERS. Stat. 1 Jac. chap. 6, concerning, adopted 167. Not to forsake their work 193. To follow their trades 208. ASHES To be saved in each family, from new grounds 151. ASSEMBLY— See Burgesses. When first held in Virginia, and of whom composed 118, 121, note. Jurisdiction of, in ap- peals from quarter court 272, 519, 520. No taxes to be raised, but by a Grand As- sembly 20. Penalty on she- rill's for disobeying any act of 333. Judicial proceedings in persons to be provided with, 375-6, 405. Judgment against except negroes 226. Penalty for bartering or selling to In- dians 441 For lending 441. Indians may use their own, within their limits 518. Free trade allowed with Indians for 525. Every man to be provided with a gun, and a certain proportion of ammuni- tion 5-:7. ARRESTS. Bureresses privileged from 125,1 J 72, 2;;.), 444. Also their attendants 4 14. Privilege waved 550. Penalty on de- fendant for not appearing, in- ter 272. J\o arrests to be on Sabbath days 457. Or at musters 457. ARTICLES Of confederation 37, 46. For the surrender of Virginia to Nat. Battson 383. Punish- ment of 383. Members of, how elected and returned 411, 412. Right of suffrage a- bridged 412. Again extend- ed to all free- men 403. To confirm appointment of ma- gistrates 480. Clerk of, his fees 490. Vacancies in mem- bers of, how supplied 493-4. Proceedings in the House of Burgesses, as to adjournment of 496. Contest between the Governor and Council and House of Burgesses, as to the Constitutional power of the former to dissolve the Assem- bly during the Common- wealth 499, 505. The Bur- gesses declare that they have in themselves the power of the election of all officers, and arc XXVI 11. A. INDEX. A. not dissolvable by any power in Virginia 502. Consulted by the Governor and Council as to the right of appeal 515, 516. Judgment of, in an ap- peal from Surry court giving a law an ex post facto opera- tion 516. How convened 517. Annual session of, 517. Go- vernor may convene, in cases of emergency 517. Take the powers of the government in- to their own hands 530. All writs to issue in the name of the Grand Assembly 530. — Reasons for assuming the powers of government, that there was no government in England 530, 531. No Bur- gess of the Assembly of 1659- 60, to accept of any other of- fice 540. Their declaration assigning reasons for assum- ing the government, to be pro- claimed and recorded 544. Causes remanded to courts of common law, being extrajudi- cially brought in 545. Trans- actions of Assembly of 1658- 9, not to be disputed in 1659- 60, pa. 550. ASSIGNMENT Of bills and accounts 314. Not to be without the knowledge of both parties, in order to be set-off 449. ATTACHMENT, When granted for bail against his principal 305.448. When for sheriff, 448. Against debt- ors removing to distant settle- ments 409,471. Execution on, how issued k. levied 409, 471. Upon a non est inventus 466. ATTORNIES, AT LAW, How licensed 275. Restricted 1 to certain courts 275. To be sworn 275. Their fees, in county and quarter courts 275. Penalty for exceeding the le- gal fees 275. Cannot refuse to be retained, unless employ- ed on the other side 275. — Attornies by letters of pro- curation from England, ex- cepted 276. All mercenary attornies expelled from office 302. Act for licensing re- pealed, &; act for expelling them made perpetual 313. No commissioner, sheriff, clerk or other subordinate of- ficer to plead as attorney in the court to which he belongs 330. Not to take any fees 349. — Court may open the cause for a weak party, or appoint some indifferent person 349. No other attornies admitted 349. Act expelling mercenary at- tornies repealed 419. Go- vernor and Council to license for quarter courts, and com- missioners for county courts 419. Controversies about their fees to be determined by the courts 419. Who to be called counsellors 419. Act against mercenary attornies revived 482. Compellable to discover, on oath, whether they have violated the law 483. Conferrence between the House of Burgesses and Governor and Council as to the constitutional right of ex- pelling them 495-6 No she- riff, under sheriff or clerk of a court, permitted to plead as, 523. ATTORNIES IN FACT. To give security for costs for B. INDEX H. K\n non-residents 522. AUCTION, Decedents' estates to be sold ■201,400. BAIL To be taken by sheriffs on rests 305, 448. It neglected BATTSON, Nathaniel, judgm'nt against. 383. at Punishment of 385. BAY ; Of Chesapeake, persons restrain - ar- ed from removing to 465. BENNETT. sheriff liable to the judgment Richard Bennett, the first Go- of the court 305, 448. If the vernor under the provisional defendant fail to appear, the bail liable 305, 448. Bail may! have an attachment against principal 305,448. When bail may discharge himself by pro- ducing the principal or his goods 305. 44S. When sheriff may have attachment 448. — How he may discharge him- self 448. BAILIFFS, When appointed 224. BANNS Of marriage, how published 156, J 181, 241. Penalty on minis- 1 ter for marrving without 332, J 433. BAPTIZING.— See Christen- ing. BARREL-BOARDS.— See Staple Commodities. BARRELS, Contents of, for corn 170, 195, 268, 473. To be sealed 170, 195, 268, 473. Penalty for selling without 170, 195, 268, 473. BASTARDS. Proceedings against the reputed father of, whether servant or free man, 438. Two maids got with child at sea, ordered to be sent back 552. An oath ad- ministered to a pregnant wo- man, and the child, born in veMlockjdeemed a bastard 552. government 371. Letters to, while in England 425. BERKELEY, Sr. Wm. Donation of orchard &, houses to 267. Tax, in provisions; for his accommodation 281-2. Expense of transporting such provisions, how paid 284. Fur- ther time allowed, to leave the colony 384. To carry his tobac- co duty-free 384. Deed from, to Richard Bennett for a house and lot in James City 407. Allowance to, for his house 427. The fourth Governor elected during the common- wealth 526. Elected by act of Assembly 530. Misrepresen- tations of Robertson and other historians, as to his appoint- ment 526-7, note. To call As- sembly once in two years at least, or oftener 531. Not to dissolve the Assembly with- out consent of a majority of the house 531. May appoint a Secretary of State, and Coun- cil, with the approbation of the Assembly 531. Port-charges and castle-duties payable to 543. Desires the advice and concurrence of the late Coun- cil, on his accepting the office of Governor 544. His decla- ration to be proclaimed and re- corded 544, May elect one XXX h. INDEX. B. member of the council, not be- ing a member of the House of Burgesses 546. His salary 546. To appoint collectors of export duties 547, 549. To appoint a secretary of state 547. | Arrearages due to, how collec- ted and paid 550. BEVERLEY, The historian, quoted by Ro- bertson, but inaccurate as to the public transactions of Vir- ginia, during the Common- wealth 513 note. 526 note. BIGAMY, Laws' of England against, to be! enforced 434. BILL of SALE Not to i>e (le. in- -d fraudulent, if) given to a credit >r and posses- sion accompany it 249. BILLS Actions on, limitted to three years from their date, unless renewed, sued upon, or record- ed 390. Extended to five years 484. BIRTHS, Register of, to be kept by mi- nister and church- wardens ! 55, 158, 180, 241, 433. To be kept by an officer appointed in each parish for that purpose, & certified to the clerk of the county court to be recorded 542. BOVTS, Taking away, how punishable 170, 264, 460. Size and con- struction of, for the Canada trade 175, 200. BONDS, Actions on, limitted to three years, unless renewed, sued up- on or recorded 390. Extend- ed to five years 484. Form of. to be given by masters of vessels, not to interrupt the free trade of Virginia 535. BOOK DEBTS, Limitation of actions on 301. — . Exception 302. Further ex- ception in favor of officers of courts 312. Not recoverable, without writing 485-6. But if the debtor will not deny the debt, on oath, the court may give judgment 486. Not to extend to decedents' estates 486. BOOKS, Penalty for disposing of, or pub- lishing those containing the te- nets of the Quakers 533. BOROUGHS. —See Represen- tation. BREWING, E\ elusive privilege of, in wood- en vessels, granted to George Fletcher 374. BRIDGES Established at public expense 269. BRIEFS Granted by the Assembly to in- dividuals, to collect charitable donations 381. BRISTOL PARISH Formed on Appamattox 251. May hold courts, with rifiht of appeal to Charles City or Hen- rico 4j4. BURGESSES. Origin of the term, in Virginia 121, note. Privileged from arrests 125, 172,263,444.— Privilege waved 550. Their attendants privileged 444. To collect the taxes ; power of dis- tress ; liability for neglect ; to B. [NDEX. I \\\L return a list of tithables 143. — How chosen 227, 333. Acts concerning, 229. May be cho- sen in Lynhaven parish 250. In the parishes of Upper and Lower Norfolk 277. Their wages paid by the counties 267, 421, 473. But parochial Bur- gesses paid by the parish 421, 520. Allowance for servants to be paid in work 267. Num- ber to a county limitted 299. Where elections for, to be held 300. Oath of 371, 387. Have, ihe election of all officers un-j der the provisional government! 372. Governor and Council] to be members of 373. Mem-j bers expelled 374. Communi- cation between house of, and Gov'r. Bennett on the choice of a Speaker 377-S. A clerk deemed ineligible 378. How elected and returned 411, 475. Qualification of, and of voters; 412, 475. Right of suffrage a- bridged 412. Again extended to all free men 403, 475. Clerk of, who appointed 424. Sala- ry of clerk of 424. Extracts; from the journals of the house: of 495, 516. How subjects to be discussed in the house of 497. Proposition to reduce; the number of, negatived 498. Contest between the house of,| and Governor and Council, as to the constitutional power of the latter to dissolve the As-! sembly 499, 505. The Bur-! gesses declare that they have, in themselves, the election of all officers, and are not dissolv- able by any power in Virginia 502 \ member of, suspend- ed 507. Reinstated 507.— Rules of proceeding in the house of 507-8. Members of the house of, qualified by the Council 508. Form of the oath 508. Parochial Burgess- es, their wages paid by the pa- rish by order of the vestry 520. Sheriffs must hold elections for 545. Collectors may dis- train for wages of, if payment refused 520-1. Penalty fox- not meeting on the day appoin- ted 532. On sheriffs for not returning 532. No Burgess of the assembly in 1659-60, to accept of any other ofUce 540. BURIALS'— See Deaths. Register of, how kept 155, 158, 1 SO, 24 1 , 433. Mode of keep- ing changed 542. BURK, The first historian of Virginia, who seemed disposed to detail the public transactions, during the commonwealth of England, with accuracy, 5 13, note. From the want of sufficient docu- ments, sometimes mistaken 428, note, 513, note, 528, note. BURYING, Fees for 160. 184, 243 BURYING GROUNDS, To be inclosed 123, 161, 227, 241. Penalty for neglect 161, 185. BUSHELS, To be sealed 170, 268. Penalty for neglect 170. 268, 473. CALENDAR Julian and Gregorian 393. Note. CANADA, Si/.e and construction of boats, for trading to 175, 200. XXX) i C. INDEX. C. CANOES, Taking away, how punishable j 170, 264, 460. CANONS.— See Church. CASK. — See Tobacco. CASTLE DUTIES, Contribution for 127. Duty of I powder &£ shot payable at Point j Comfort 176, 192, 218, 247. Repealed, and additional duty payable to the government 301, ; 312. How recoverable 382. Inhabitants, sole owners of ves- sels, exempted from 402. Pay- able to the governor 423. How payable and appropriated, dur- ing vacancy of governor 533-4. Where to be paid 534. Collect- ors of, to be appointed 534. Payable to Sir Wm. Berkeley 543. Provision as to those ac- crued after the death of Mat- thews 543. CATECHISM, When and how to be taught by ministers 157, 181. Penalty on masters, children and servants for neglecting 157, 182. To be in the afternoon 290. Penalty on masters of families for not sending their children and ser- vants to be instructed in 311. CATHOLICS.— See Popery. CATTLE, Doct. Pott, late governor, found guilty of stealing 145. Female, not be killed, unless pa>t breed- ing, or likely to die 153. Ex- portation of female, prohibited 218. The 7th head of may be exported 227. Trespassing on fences 244-5. Act giving cer- tain lost cattle to those who found them, repealed 332-3 How to be removed 466. CENSUS, Of inhabitants, with their pro- perty, Sic. to be taken yearlv 175, 200. CHANCERY. Proceedings in 303. CHARLES 1. Beheaded 358, note. Penalty for defending proceedings against him 360. To asperse his me- mory 360. CHARLES II. Treason to doubt his right of succession 360. His restora- tion 529, note. CHARLES-CITY, One of the original counties 224. Courts of, to be kept on the south side of the river 426. Two courts to be held in 497. CHARLES-RIVER. One of the original counties 224. Changed to York 249. CHALMERS, The annalist, quoted by Robert- son, but inaccurate as to the public transactions in Virginia, during the commonwealth of England 526, note. CHAPLAIN, Of the assembly, his wages 549. Appointed 549. CHARTERS, Ancient, to Virginia 57, 118. CHATTELS, Conveyance of deemed fraudu- lent, unless recorded 418. CHESCAKE, Parish of, changed to Hampton 257. Settlers on, their lands confirmed 257. CIIICAWANE, See Northumberland. CHIPPOAKS, Parish of, established 27 c INDEV C CHIRURGEONS.— Seephysi- cians and surgeons. CHRISTENING— See births. Fees for 160. To be done in the church 183. CHURCH. Churches to be built 122, 160. To be repaired, when and how 160, 185. Absence from 123. Uniformity to church of En gland 123. 155,180. Ministers absent from 123. Penalty for not attending 144, 155, 180, 434. Ministers to confirm to canons of church of England 149, 277. Preaching, adminis- tration of sacrament, and mar- riages to be done in, except in cases of necessity 158. Arms to be carried to 174, 198 263. Church government 240, 241. During vacancy of minister, all parishes to pay levies for build- ■ ingchurch,&purchasinga glebe 400. Government of, during the commonwealth 433. Left to the disposal of the people 433 CHURCH OVERNMENT, During the commonwealth, how settled 433. CHUKCHI \G, Fees for 160, 1S4, 24 3. CHURCH WARDENS, To present swearing and drunk- enness 126. To assist in keep- ing parish register of marriages, births and deaths 155, 180. To be chosen at Easter, yearly, 155, 180. Farm of their oath 156, 182. To present ministers for not preaching 157. Liable for ministers dues, if they fail to collect them 160, 185. When to present 227. How many to bo appointed 240. Oath to pre- 3 sent certain offences 240. Thai duty as to levies and collecti- ons 241. Amenable to counn courts 291, 310. To present from their own knowledge, as well as the information of others 309, 310. CLAIBORNE, William, appointed secretary of state 523. CLAPBOARDS.— See Staple Commodities. CLERGYMEN.— See Minis- ters. CLERKS, Of quarter courts, their fees 266, 463-4. Of county courts, their fees 266, 464. Fees of regulat- ed 295. May be punished by courts, for extortion 295. To keep records of the proceedings of courts 303-4. Of county court<, appointed by governor 305. That act repealed and ap- pointed by county courts 448-9. Existing clerks to hold their of- fice 449. Their fees in actions 305.464. Their fees to be ap- proved by the courts, and then distrained for 357. To give re- ceipts for papers 408. Of the house of burgesses, their sala- ries 424. Their fees to be col- lected by sheriffs and collectors, and mav be distrained for 465. Limitation in recovery of their fees 484. Of assembly, their fees 490. Not to plead as at- tornies, in the courts to which they belong 52o. To enter ac- counts of orphans' estates ex officio 551. CLERK OF CHURCH, How paid 226. How appointed 241. Y c. INDEX. C. CLERK OF MARKET, At James City, how appointed, his power and duty 362. CLOTH, Not to be sold to Indians 219. COLLECTORS Appointed to receive the public levies, instead of Sheriffs 342-3, Their power and duty 343. A- gain appointed 356. Power of distress 356. To collect clerks' fees 357. Of port charges and castle duties appointed 534. COINS, Provision for, their denominati- on, and value 308-9. Pieces of eight, of whatever metal to pass current 410. Law repealed and none but silver to pass 397. Roanoke and Wompompeeke, to pass as usual 397. Value of pieces of eight 493. COMMANDERS OF PLANTA- TIONS, Originally judges of monthly courts 125. To collect fines for swearing and drunkenness 126. To provide a sufficiency of pow- der and ammunition for each plantation 127. Not to suffer powder to be wasted at drink- ings, &c. ibid. May imprison persons of quality who are delin- quent as to powder ibid. Form of commission to 131. May levy a force to repel the Indians 140, 193. To see that the people attend church 144. To exer- cise the men on holydays & take a census of the inhabitants 174-5, 200. COMMERCE. See Free Trade. "With the governor of Maryland, regulated 276. With the king's subjects in England, encourag- ed 296. COMMISSIONER Sent to England 1 28. COMMISSIONERS Of monthly courts, commissions to 1 32, 168-9. Jurisdiction ex- pressed in, ibid. Same as jus- tices of the peace 169. Juris- diction extended 224. To build sufficient prisons, or to be liable for neglect 265. To be called commissioners of county courts 273. Jurisdiction of a single commissioner 273, 335. Sum- mary redress against, for cer- tain taxes 297. Finable for not imposing fines on church-war- dens for neglect 310. Not to plead as attorney, in the court to which they belong 330. One commissioner in James City, on south side the river, to ex- ercise the jurisdiction of coun- ty courts 335-6. Not to be ab- sent from court without good cause 350, 454. How leave of absence obtained, ibid. How appointed under the provisional government 372, 376. To be recommended by the court and commissioned by the governor and council 402. To examine lists of tithables, and fine sheriffs for neglect therein 376. To correct, take and certify lists of tithables 388. Jurisdiction of a single one, during the common- wealth 435. Of two, during the same period 435. Where ap- peal from judgment of, not to sit on the trial of the cause 435. To be confirmed by assembly 480. Writ of ease granted to a commissioner 546. A commis- sioner suspended 550. c. INDEX. C. 563 COMMISSIONS, Form of, to commanders of plan- tations 131. To commission- ers of monthly courts 132, 168-9. Sheriff's for collecting clerks' fees 465. COMMITTEE Appointed to revise the laws 431. For private causes 422. Re- port of, on the constitutional power of the governor h coun- cil to dissolve the assembly 502. To draw up an address to Rich- ard Cromwell 512. For pri- vate causes 512. Of review of the laws 512. COMMON, Right of, adjudged, in Stanley Hundred 548. COMMONWEALTH, Of England, commencement &c duration of 358, note. Free trade enjoyed in Virginia, du- ring 513, note. Events dur- ing, grossly misrepresented by English historians 513, note. 526, note. COMMUNION. See Sacrament. COMPACT, With the governor of Maryland, as to commerce 276. COMPANY, Declaration against 230, 236. CONFEDERATION, Articles of, 37, 46. CONFESSION, Of judgment, may be made out of court, and execution thereon issue 304, 447. Before one or two commissioners 445. CONSTABLES, To present failure to plant corn 246. And also names of delin- quents, and those who fail to tend it 344. Form of their oath during the commonwealth 467. CONSTITUTION, Of the United States 9, 22. A- mendments 26, 30. Of Virginia 50, 56. CONSTRUCTION, Of a will, not using words of per- petuity 405. CONTEMPT, Persons committed or suspended for contempt to the house of/ burgesses 387, 507, 515. CONTEST, Between the governor and coun- cil and house of burgesses, as to the constitutional power of the former to dissolve the assembly 499, 505. CONTRACTS, To be in money, and not tobac- co 216. Not to be in money 262. In money not recoverable, un- less for horses, mares &L sheep 267-8. CONVENTION, Between the commissioners of the parliament of England and the colony of Virginia 363, 367. Act of indemnity 367, 472. — Right of free trade under, as- serted by assembly of Virginia 535. CONVEYANCES. See Fraudulent Deeds. To be registered or deemed frau dulent 227, 248-9, 417-8. Of lands, goods and chattels, de- clared invalid, unless register- ed 472-3. No conveyance good till four months after registry 473. COOPERS, Encouragement of 330. Act for repealed 351-2. COPPER. See Coins, Staple commodity 564 €. INDEX. C. CORN, Engagement to plant it 125, 173, 197. Punishment tor neglect 126. Persons sworn to see a sufficiency planted, ibid. Trade for, with the savages prohibit- ed, ibid. Two acres per head to be planted 152, 166, 190, 246, 344, 419. Penalty for neglect ibid. Constables to present fai- lure 246, 419. Contents of a barrel of 170, 195, 268, 473,— Sealed barrels and bushels to be kept 170, 195, 268, 473. Penal- ty for selling without 170, 195, 268, 473. When it may be bought or exported 227. Penal- ty for not planting and tending two acres, further enforced 344. Exportation of, prohibited 347. Price limited 347. COSTS, Security for, to be given by non- resident plantiffs 522. COUNCIL, Oath of a member of 116. Go- vernor and, to attend divine ser- vice, at beat of drum 162. Pe- nalty for neglect 261. Near- est to warehouse, inspector of course 204, 211. One of, to as- sist at monthly courts 224. — Councillors & ten servants ex- empted from taxes 228, 445. Exemption suspended during an existing war 307. Councillor exempted from public charges and taxes, except church dues -179, 445. Council, under the provisional governm't371, 517. Members of, chosen during the recess of the assembly, confirm- ed 422. Allowance for attend- ing quarter courts and assem- blies rescinded 498. To admi- nister the oath to members of the house of burgesses 508. A person committed, for slander- ing a member of 515. New election of certain members of 515. Members of, to be paid for their attendance only 523. How chosen, on the re-appoint- ment of Sir Wm. Berkeley as governor 531. Councillors to hold their offices for life 517. Repealed 537. One member may be elected by the governor Sir Wm. Berkeley 546. COUNSELLORS. None to be so called, but those qualified by the laws of England 419. COUNTIES. Original counties of Virginia, formed in 1634, viz. James Ci* ty, Henrico, Charles City, E- lizabeth City, Warwick River, (changed to Warwick in 1642- 3, pa. 249.) Warrosquoyacke, (changed to Isle of Wight in 1637,) Charles River, (chang- ed to York in 1642-3, pa. 249.) And Accawmacke, (changed to Northampton in 1642-3, pa. 249, but afterwards resumed its original name,) 224. Boun- daries of Isle of Wight, Upper and Lower Norfolk 247. Of Warwick 250. Name of Up- per Norfolk changed to Nansi- mum 321. Northumberland established 352. Counties lia- ble for taxes, in default of she- riffs, and to be reassessed for that purpose 354. Westmore- land established 381. Surry 373. Gloucester 374. Lan- caster 374. New-Kent 388. Commissioners to ascertain c. INDEX. c boundaries of Nansimum k, Isle of Wight 404. Part of Upper Norfolk added to Isle of Wight 423. Courts of Charles City to be kept on South side of the river 426. Rappahannock for- med from upper part of Lancas- ter 427. Two courts to be held in Charles City 497. COUNTY COURTS, Fees of clerks of 266, 449. To provide for Burgesses' wages 267. Terms of, in the several counties 272. 462. Jurisdicti- on 272, 345-6, 398, 462, 477. Reduced to six, yearly, and to be called county courts instead of monthly 462, 273. Liabili- ty of commissioners of, for not taking security of sheriff's 284, 445. To take probate of wills and grant letters of administra- tion 802-3, 447. Jurisdiction in all cases of law and equity 303. Records to be kept by clerks of 303-4. To be punc- tually held 305, 448. Extra sessions may be held 305, 448. To fine church-wardens for neg- lect 310. May allow rewards for killing wolves 328, 456. — One commissioner in James county, on south side the river, to exercise jurisdiction, of 336. May establish ferries and fix the rates 348. Commissioners of, not to be absent from, under a penalty 350. May license or- dinary keepers and ferries 411. Fines imposed by, how appro- priated 399. May appoint their own clerks 448-9. To have jurisdiction of maritime causes 11)6-7. May lay o/V parishes 469. To fix tavern rates of li- quors, from time to time, as the price of tobacco may rise or fall 522. COUNTY LIEUTENANTS, How appointed 224. COURTS.— See monthly co'rts. county courts, quarter courts- Courts to be held by inhabitants of Appamattock 376. Two courts to be held in Northamp- ton 409. Two courts in Isle of Wight 409. Repealed 550. May be held in Bristol parish, with allowance of appeal to Charles City and Henrico 424. Of Charles City to be kept on the South side of the river 426, Adjournment of. forbidden 436. Two to be held in Charles City 497. CREDITORS Not to sue their debtors, if they have tendered satisfaction 264, Must prove demand before suit 264. Oath of demand sufficient 317. Non-residents to give se- curity for costs 522. CRIMES, Servitude for, abolished 259. CRIMINALS, How kept for trial 264-5, 444. Charges of, how paid 265, 285, 310, 449, 461. No longer to be tried in counties, but at quar- ter court or assembly only 397- 8, 476. Prisoners, how kept 398, 476. If convicted, his es- tate to remain with his wife and children 598, 476. CROMWELL, Oliver, when declared Protec- tor, 358, note. His death ibid. Letter from the pre- sident of his council, an- nouncing his death 509, 51.0. i) INDEX. D. Measures contemplated by him for settling the government of Virginia, frustrated by his death 509, 527, note. CROMWELL, Richard, appointed successor of Oliver 358, note 509, 511. His resignation 528, note. Letter from Oliver Cromwell's coun- cil announcing his death, and the accession of Richard 509, 510. The Assembly recog- nize him 511. Address to 512. CUSTOMS,— See Duties. Duty often shillings a hogshead imposed on all tobacco export- ed by foreigners during the commonwealth 469. DAMAGES.— See Appeals. On appeals 125, 272, 398, 477. After supersedeas 487. Fifty per cent, on all appeals ; and to be assessed by a jury 541. Awarded by the Assembly 549. DATE, According to old and new style 393, note. Variable manner of writing it before the adop- tion of the new style in England 494. DEACONS To be appointed by ministers 208. DEATHS, Register of, to be kept by minis- ter and church-wardens 155, 158, 180, 241, 433. Mode of keeping changed 542. DEBTORS. Transporting them without no- tice, masters of vessels liable for their debts 200, 243, 437. Relief of, for tobacco contracts 225, 226. Lately arrived from England, process against sus- pended 256. Not to be sued before demand made, nor if they tendered satisfaction 264. Creditor's oath of demand suffi- cient 317. Insolvent, how re- lieved 294, 346. DEBTS Contracted in money, not reco verable 262, 267-8. Except contracted for horses, mares &: sheep 268. For wine and li- quors not recoverable 287. The last act repealed 295. Revived with a proviso as to selling on board a ship 350. King's debt to be preferred 351. Order of paying, in administrations 400. Money debts again recoverable 417,474. Exception 417, 474. No debts recoverable of Indi- ans 541. The King of Wean- oak protected from, for a certain time 547. DECEDENTS' ESTATES, To be appraised in money 170 s 201. To be sold by outcry or auction 201, 400. Adminis- tration on, where to be taken 302. Allowance for appraise- ment 417. DECLARATION Of independence 32, 36. Of rights, of Virginia 47, 50. Of the gov'r, council and burges- ses of Virginia, against the com- pany 230, 236. Of the assem- bly, on assuming all the pow- ers of government 544. OfSr. William Berkeley, on accept- ing the office of governor 544. DEEDS Adjudged fraudulent, unless en- tered in some court 227, 417, 418. Deed from Sir William Berkeley to Richard Bennett, D. INDEX, D. -it)' lor a house and lot in James City 407. DEMAND Must be made by creditors be- fore suit brought •264. Oath of creditor sufficient proof 317. Tobacco debts, when to be de- manded 489. DEMURRAGE Not to be allowed 228. DENBIGH Parish, provision for uniting to Nutmeg Quarter 425. DENIZATION, How acquired 486. Privileges of children 486. Rights of, conferred on John Johnson, a Dutchman 8z Mill-Wright 545. DEPOSITIONS, How taken 304. DESERTED LAND. Lands deserted which have been seated may be taken up by o- thers 291. How acquired 468. Penalty for burning houses de- serted for sake of the nails 291. DEVASTAVIT vlust be proved before execution against an executor's or admi- nistrator's proper estate, on a judgment against the testator or intestate 447. DIGGES, Edward, nominated as one of the council ; approved by the assembly 388. Elected gover- nor 408. Requested to retain the reins of government dur- ing his stay in the country 426. His rank in the council, after the expiration of his office of governor 426. DISCOUNTS, How allowed in court 296, 449. Act for, made perpetual 314. Debts set off must be of like nature and value 449. DISCOVERIES Authorised and encouraged 262, 376-7, 381. 422, 548. DISPATCHES, Public, how conveyed 436. DISSOLUTION Of the Assembly ordered by the governor and council, opposed by the house of burgesses 499, 505. The burgesses declare that they are not dissolvable by any power in Virginia 502. DISTILLING, Exclusive privilege of, in wood- en vessels, granted to George Fletcher 374. DISTRESS.— See Clerks, Le- vies, Quit-Rents, Taxes. ' DIVIDENDS, Or lands, of each planter, to be surveyed 125, 173, 197. DIVINE SERVICE.— See Church. To be attended by governor and council 162. DOWER, Relinquished by lady Yeardley 145, note. How assigned, and what proportion of the land 405. DRUNKENNESS, Punishment for 126, 193-4, 43«. How presented 126,240,310. Forfeitures for, how collected 126,194. Statutes of England concerning, adopted 167. DUTCH Merchants encouraged 258. — Dutch trade regulated 469. — Duty of ten shillings a hogs- head imposed on tobacco ex- ported by them 469. To ex- tend to all foreigners 469. — How paid for apprehending & 568 E. INDEX. E. bringing in runaway servants 536. Dutch h all other stran- gers allowed a free trade 540. DUTIES, Payable in powder and shot at Point Comfort 176, 218, 247. in match and paper royal 229. Additional, of powder and shot 301. Payable in powder and shot at the fort, abolished, and additional, payable to the go- vernment 312, 301. Inhabi- tants not liable to, on export- ing tobacco during the com- monwealth 469. Extended to all persons not bound to Eng- land, except Virginians 536. — Two shillings a hogshead on all tobacco exported 491-2. Re- pealed 523. Power of commit- tee in settling accounts of 545. Certain captains of ships refus- ing to pay the duty of two shil- lings a hogshead on tobacco, ordered to be taken into custo- dy 512, 513. Henry Haines committed for not paying 514. EASE, Writ of, granted to a commissi- oner of a county court 546. EAST PARISH Formed, in upper Norfolk coun- ty 251. EASTERN SHORE, How inhabitants to conduct themselves in relation to Indi- ans 167, 192. EIGHT, Pieces of, to pass current, of whatever metal 410, 411. Law repealed and none but silver to pass 397. Value of 493. ELECTIONS. See Burgesses. Representation. Of Burgesses, where held 300. Notice of 300. To be by plu- rality of voices and not by sub- scription as heretofore 333-4. Penalty on freemen failing to attend 334. Election of bur- gesses, how to be 4 1 1 , 475. She- riff to give notice of time and place of election, ibid. Where and when held, ibid. Sheriff to attend, ibid. To make return when and how 412, 475. Penal- ty for neglect of duty 4 1 2, 475. Qualifications of electors, and elected, ibid. Right of suffrage abridged 412. Again extended to all free men 403, 475. Con- tested from Surry county, how- decided 514. ELIZABETH CITY, One of the original counties 224. Will of Benj'n. Symms giving lands in, for a free-school, con- firmed 252. ENGLAND, Recital of no government in, as a justification for assuming the powers of government by the assembly 530, 531. ENGLAND, Church of. See Church. ENGLISH GOODS, Exportation of prohibited, unless by those importing them 519. ENGLISH HISTORIANS, Their ignorance or misrepresen- tation of the public transactions in Virginia, during the com- monwealth of England 513, note. 526, note. ENTRY, Port of— See Port* EQUITY, How relief in, obtained 303. ESCHEAT. Lands escheated, how disposed of 548. E. INDEX. E. 569 EST RAYS, Proceedings on taking up stray horses or cattle, or lost boats 420-1,481. Penalty for failure 421. Not to prevent legal pro- secution of those feloniously taking 421. EVICTION.— See Lands. EXCLUSIVE PRIVILEGE. See Discoveries. Granted to George Fletcher, for brewing and distilling, in wood- en vessels, for 14 years 374. EXECUTION, Goods taken in, how appraised 259, 442. Poor men taken in. how relieved 294. Servants, arms, ammunition &; corn, ex- empted from 297. May issue on judgments confessed out of court 304, 447. Judgment in one county, how execution to issue in another 304, 448. May issue, without judgment, on contracts made within the li- mits of the market at James city 362. Not to issue on judg- ment, after one year, without scire facias 484. EXECUTORS & ADMINISTRA- TORS. Where to take administration on estate of their testator or intes- tate 302-3, 447. If executor re- fuses to qualify, how the estate disposed of 416. No execution against, upon a judgment a- gaint the estate of the testator or intestate, till a devastavit be proved 447. EXERCISE. Commanders to exercise their men on holydays, h take a cen- sus yearly 175, 200. EXPORTATION, Of hides and skin'. 174, 199, 307. 3 Furs excepted 199. Of female cattle prohibited 218. Leather prohibited 307. Act prohibit- ing exportation of hides and lea- ther repealed 314. Ol corn pro- hibited 347. Inhabitants not li- able to export duties on their tobacco 410. Of mares and sheep prohibited 463. Of hides, iron and wool prohibited 488. Repealed 525. Proceedings in house of burgesses, concerning 497. Of English goods prohi- bited, except by those who im- ported them 519. EX POST FACTO. Judgment of Surry court revers- ed by the assembly, for giving a law an ex post facto operation 516. EXPULSION, Of members of the house of bur- gesses 374. EXTORTION, In clerk or sheriff, how punisha- ble 295. FALSE NEWS, Divulgers of, under the provisi- onal government, how punish- ed 434-5. FANTLEROY, Moore, a member of the house of burgesses suspended, for a contempt to the house 507. Reinstated 507. FASTS. Monthly fasts ordained 289. FEES, Of Ministers. — See Ministers. Of secretary 176, 201, 220, 265, 463. Uf marshal 176,201,220. Of the secretary's clerk ol' quar- ter court 266. ( f the clerks of county courts 266, 305. Of she- riffs 266,465. Uf atlornies 275. £7U F. INDEX. Of clerks and sheriffs regulated 295. What fees sheriffs bound to collect 302, 313. Of survey- ors 125, 335, 452. Of clerks of courts, to be approved by the courts, and then distrained for 357. Clerks' to be collected by sheriffs and collectors and dis- trained for 465. Commission for collecting 465. Limitation of the recovery of clerks 1 and sheriffs' 4S4. Of clerk of assem- bly 490. FENCES. Every man's ground to be en- closed with sufficient 176, 199, 244, 332, 458. What fence deemed sufficient 332, 458. Pe- nalty for injuring cattle, he. where the fence is insufficient 332, 458. If insufficient, no re- dress 458. How to be viewed 458. FERRIES, Established, at public expense 269. Act establishing at public expense, repealed, and county courts may grant leave to indi- viduals, and fix the rates 348. May be licensed by county courts 411, 471. FINES, Imposed by county courts, how appropriated 399, 477. FISH. See Staple Commodities. FLAX, To be cultivated 21 S. Premium for making 470. FLOOD, Thomas, appointed Indian inter- preter, with the salary of his fa- ther, John Flood, former inter- preter 521. FOREIGNERS, Included under the term Dutch. & a duty of ten shillings a hogs- head imposed on all tobacco ex- ported bv them 469. FORESTALLING. See Ingrossing and Forestalling. Statutes of England against fore- stalling and ingrossing, adopted 172. Definition of, and how pu- nished 194-5, 217, 245. " Ex- ception 217, 245. FORFEITURES, On certain goods, remitted 382. Of the ship L.eopaldus, of Dun- kirk 382. Proceeds of sale of, appropriated 385. Bill of sale for 382, note 382. Not to at- tach, on conviction of criminals 398. FORM, Not to be regarded, in any writ, plaint, or process, or other pro- ceedings, but judgment to be given according to the right of the cause 486-7. FORNICATION. See Adultery. How presented 240, 310. With servants, how punishable 253. Punishment of 433. Singular judgment of the governor and council for 551-2. FORTIFICATIONS. The subject considered 143, 144. Fort to be built at Point Com- fort 1 50. FORTS.— See Point Comfort. Captain of, and guards at Point Comfort, how paid 226. Three forts to be built and garrisoned 293-4. Another fort to be erect- ed 315. Captains of, pressing tools from inhabitants, how to account for them 320. Proprie- tary of, granted to individuals on certain conditions 326-7, 453. F. INDEX. F. 571 Officers and soldiers, how long to continue in service in 329. FRAUDULENT DEEDS, What conveyances deemed frau- dulent, unless registered 227, 248-9,417-8,472-3. Extended to goods and chattels 41 S. 472-3, Alienations otherwise, declared not valid 473. No conveyance valid till 4 months after regis- tered 473. FREE-SCHOOL, Will of Benj'n. Symms, giving lands to, confirmed 252. FREE TRADE, Allowed to all persons, and all acts against ingrossing repealed 296, 463. Encouraged with the king's subjects in England 296, 463. During the commonwealth, with all foreigners, they paying an export duty of ten shillings a hogshead for tobacco 469, 540. Enjoyed by the people of Virginia, during the common- wealth of Engl'd 513, note. With Indians allow'd, for guns, powder and shot 525. Right of, under the articles of surrender, asserted 535. Masters of ves- sels to give bond and security not to interrupt 535. Form of the bond 535. Encouraged with the Dutch h all strangers, they paying the export duty of ten •JiiMings a hogshead on tobac- co exported, and entering into bond not to molest others 540. A duty of two shillings a hogs- head only paid on tobacco pro- duced by the sale of Negro slaves imported 540. FREIGHT. No vessel arriving empty, per- mitted to take in tobacco on freight, unless at £ 3. per ton 216-7. FRENCHMEN, Having failed in the culture of vines, not to plant tobacco 261. FRONTIERS, To be assisted, on alarms 174, 19S. FUNERALS, Guns may be shot at 401. Char- ges of, not to be excessive 417. GAME.— See Hunting. What game may be killed 199. Shot oft" another's land, may be pursued 24S, 437. GARDENS, To be fenced in 126. GENERAL ASSEMBLY. See Assembly. GLEBES, Parish levy for purchasing 400, 478. GLOUCESTER County 374. GOLD. See Staple Commodities. GOODS, Where to be landed 215. Con- veyance of goods and chattels deemed fraudulent unless regis- tered 418. Exportation of En- glish goods prohibited, except bv those importing them 519. GOVERNMENT.— See Pro- visional Government. Civil government, during the Commonwealth 371, 373, 514. Church government 433. Go- vernment of Virginia, during the commonwealth of England, entirely provisional 517, note. Measures contemplated by O- liver Cromwell for settling it, frustrated by his death 509, 527, note. Supreme power of 572 G. INDEX. G. declared to be in the Assembly 530. Recital of none, in Eng- land 530, 531. GOVERNOR. Limitation of his power as to taxes 124, 171, 196 244. As to withdrawing inhabitants from their private pursuits 124, 172, 196. To attend divine service at beat of drum 162. — Five or six men allowed to the governor 172. Duty of secre- tary during absence of 223. — To reside at James City 226. His power as to the induction of ministers 241-2. Special le- vy for his accomodation, in consequence of the civu war in England 280-1. Of what to consist, and by what counties payable 281-2. Expenses of transporting such provisions, how paid 284. A guard allow- ed to 354. Richard Bennett, elected first governor under the provisional government 371. Communications between him and the house of Burgesses on the choice of a speaker 377. — Salary of 393. Edward Digges, second governor, during the commonwealth 408. Stated salary of governor 423. His perquisities, castle-duties, mar- riage licenses, &ic. 423. Ed- ward Digges requested to re- tain the reins of government during his stay in the country 126. Rank of, in council, after expiration of his office 426. — Samuel Mathewes, governor elect 426. His rank in the council 426. Samuel ,\at- thewes, the third governor e- lccted under the provisional go- vernment 431-2, 504. Elected again, by act of assembly 517. Oath of, prescribed by the house of burgesses, during a conflict between the governor and coun- cil and house of burgesses as to their constitutional power to dis- solve the assembly 504. May convene the assembly in cases of emergency 517. Sir William Berkeley, the fourth governor, elected under the provisional go- vernment526. Elected by actof assemblv 530. Tocallanassem- bly once in two years, or oftener 531. Restriction as to his power in dissolving the assem- bly 531. Governors of Virgi- nia, during the commonwealth of England, appointed by the house of burgesses 527, 529, note. Were the mere crea- tures of the house of burges- ses 528, note. Period of the election of the several gover- nors of Virginia, during the ex- istence of the commonwealth of England 529. note. During vacancy of, how port-charges and castle duties payable, and appropriated 533-4. — Salary of Sr. Win. Berkeley 546. To appoint collectors of export du- ties 547, 549. To appoint a secretary of state &s council, with approbation of assembly 547. GOVERNOR & COUNCIL. Limitation of their power as to taxes 171, 195, 244. To be members of the house of bur- gesses 373. Their choice of councillors during the recess of the assembly confirmed 422. — Their pay, while attending G. INDEX. H. 573 quarter courts and assemblies 423. Contest between, &. house of burgesses, as to the constitu- tional power of the former to dissolve the assembly 499, 505. Elected in 1657-8, pa. 504-5. Consult the assembly as to the right of appeal 515, 516. E- lected for 1658 9, pa. 517.— Tenure of their offices 617. — How appointed, and removed 517. To compose a court of admiralty 437. Their juris- diction 537-8. GRANARY.— See Public Gra- nary. GRAND ASSEMBLY.— See Assembly. GRAND JURY To be impanndled at Midsum- mer and \larch county courts 304. What to present 304.— At every county court 463. — Acts for, repealed 521. GRANTS.— See Patents. GREGORIAN CALEN- DAR 393, note. GROUND.— See Lands. GROUND LEAVES, Tobacco mixed with no longer merchantable 487-8. Prior debts, how discharged 488. — Penalty for mixing ground leaves with top tobacco 488.- Proceedings in the house of burgesses concerning 496. — Judgment of the Assembly con- cerning 516. Not to be dispos- ed of 524. Penalty 524. Pro- vision in case of previous con- tracts 524. GUARDIANS Consent to marriage, when ne- cessary 156, 181, Their duty in relation to the persons and estates of their wards 267. To educate their wards on the in- terest of their estates 41 6. — To return cattle &c. in kind, to their wards 416. To give sufficient security 416. Power of courts over 4i6, 417. Their commissions 417. GUN CARRIAGES.— See Or- dinance. GUNS. — See Indians. Not to be shot at drinkings, ex- cept marriages and funerals 401. Penalty for bartering or selling to Indians 441. For lending 441. Indians may use their own, within their limits 518. Free trade allowed with Indians for 525. Every man to be provided with, and a cer- tain proportion of powder and shot 525. HAINES, Henry, committed by the house of burgesses, for refusing to pay the duty of two shillings a hogshead on tobacco export- ed 514. HAIR Of runaway servants to be cut close above the ears 517, 518. HAMMOND, Manwaring, appointed Major- General of Virginia 545. HAMPTON PARISH, Chescajte, changed to 251. HARROP Parish established 317. HARVEY. An assembly called to receive complaints against Sir John Harvey 223. Thrust out of his government and Capt. John West provisionally appointed 223. 574 H. INDEX. I. HATCHER, William, proceedings against, for slandering the speaker, Ed- ward Hill 387. HEMP To be cultivated 218. HENRICO, One of the original counties 224. „ A HIDES. No hides or skins to be export- ed 1 74, 199, 307. Beaver and otter skins and furs of all kinds excepted 199. Act prohibit- ing exportation of, repealed 314. HIGHWAYS, How laid out 199, 436. Sur- veyors of, to be annually ap- pointed 436. HILL, Edward, proceedings against Wm. Hatcher for slandering 387. Suspended for improper conduct, in the war with the Richahecrian Indians 422. A- braham Wood appointed Co- lonel of the regiment of Charles Citty and Henrico, in his room 426. HISTORIANS, Their ignorance of the public transactions of Virginia during the commonwealth of England 513 note, 526 note. HOGSHEAD OF TOBACCO. Size of 435, 456. HOGS. Wild hogs not to be killed, but by license from the governor 199, 244, but for every wolf killed, one wild hog may be killed 199. To be confined at night, and have keepers by day 228. Felony to steal and kill a tame hog 244. Altered to a pecuniary fine 351. Ears of hogs killed how viewed 244. HOGSTEALING, Felony, 244. Altered to a pecu- niary fine 351. HOLY DAYS. The 22d of March 123, 177, 202, 263, 459. The 18th of April 290, 459. HOMICIDE, Per misadventure, case of 406. Pardon for 406. HOPS, Premium for making 470. HOUSES, Penalty for burning, for the sake of nails 291. HUE and CRY, Proceedings upon, against run- away servants 483. HUNTING. What game may be killed 199. No wild Hogs, unless as a re- ward for killing wolves 199. — But deer, he. may be killed 199. Not to hunt or shoot on other men's land, seated and bounded 228. 248, 437. Game shot off another's land may be pursued on it 248, 437. Inha- bitants restrained from hunting in small parties 300-1. IMPORTATION RIGHTS. Lands for importing servants, how obtained 274, 444. IMPRESSMENT Of soldiers justified 355. IMPROVEMENTS To be paid for, where lands are settled through mistake 260, 443. Exception 349, 444. INC LOS U RES.— See Fences. INCONTINENCE.— See A dulterv. r. INDEX. I. 576 INDEMNITY, Act of, at the surrender of the | colony of Virginia to the parli- ament of Engfand 367, 472. INDENTURES, Servants imported without, how long to serve 257, 441. INDEPENDENCE, Declaration of 32, 30. INDIANS, Trade with, for corn, prohibited 126. So, of every kind 173, 255. Dwelling houses palisad- ed for defence against 127. — Precautions as to arms, he. 127, 173, 198. Shooting guns 401. When to fall upon them 128, 176. Commanders of planta- tions to levy a force to repel them 140, 193. War against 140, 141. New comers not exempted from war 141. Cer- tain Indians to be supported at public expense 143. War against 153. None to speak or parley with 167, 192. Penalty ibid. Exception as to Eastern Shore, ibid. Penalty for sel- ling arms or ammunition to 219, 255. Cloth not to be sold to 219. Punishment for trading with 227. Felony for runaway servants to carry aims or am- munition to 255. Expense of war against, how paid 287. — Persons wounded -mi expediti- on against, how provided for 287. Tax, for expenses of war against Pamunky &. Chickaho- miny 287. Certain counties to be associated to carry on the war against the Indians 292. Number of men, how raised, their pay, subsistence, &.c. 292- 3. Inhabitants not to hijnl or strap-- 1 * abroad in small parties for fear of 300-1. War against Nansimum Indians 315. Ar- rangements for a general war 317, 318, 319. Treaty with Necotowance, king of 323, 326. Places to repair to, when com- ing on messages 348. Act de- claring there should be no peace with, and for cutting down their corn, repealed 333. Act for marching against, re- pealed 333. Extraordinary tax to defray the expense of an In- dian war 337. Provision for Tottopottomoy 380. Settlers on lands of the Pamunky or Chickahominy to be removed 380. Of Gloucester &. Lancas- ter counties to have lands & hun- ting grounds assigned to them 382. Act of indemnity to those who have lent guns to 382. — War with Rappahannock 38S- 9. Not to be employed with guns, without license 391, 470. Commissioners of North'n. to take acknowledgment of their lands 391, 470. ^To be approv- ed by governor and council 391, 470. Not to be killed, unless doing mischief 410. Re- pealed 415. Not to be killed, unless for what would be felonv in an Englishman 415. Not to be entertained without li- cense 410, 471. Children of, how taken as servants, and edu- cated 410, 471. Plan of civili- zation of 393, 476. Reward to, for killing wolves 395. — Treatment of Indian children 396. Lands of, not alienable without consent of assemblv 396. Western and Inland, seat- ed near the falls of James Ri- ver, war against 402-3. How 576 I. INDEX. I. punishable for trespasses 415. Not to come within inclosures without a ticket 415. Free trade with 415. Disputes with, how settled 415. War with Richahecrians 422. Penalty for bartering or selling arms to 441. For lending 441. Chil- dren of, not to be assigned over 455-6. When to be free 456. To be first served with lands 456-7. Hunting ground al- lowed them 457. Their lands included in patents to be relin- quished, or purchased 457. — To be employed to kill wolves 457. Their titles to land con- firmed 467. None to eucroach upon lands claimed by them 467. Commissioners respon- sible for wrongs done to the Indians 468. To be assisted in removing to vacant lands 468. Not to sell their lands except at quarter courts 468. Settlers on Pamunky & Chick- ahominy recalled 468. Per- mission to Indians to hunt 468. Exception 468. No pa- tent to be valid which encroach- es on Indians' lauds 468. Pe- nalty for stealing Indians 482. For purchasing them 482. Wiccacomico, desertion & sale of their lands 515. May use their own guns, within their limits 518. Thomas Flood ap- pointed interpreter 521. Free trade with, allowed, for guns, powder and shot 525. No debts recoverable from 541. Permission given to carry an Indian boy into Englaad, with leave of his parents 546. The king of Weanoak protected from arrests for a certain time 547 INDUCTION Of ministers 241-2. INFANTS.— See Orphans. Penalty for dealing with 269, 270. INGROSSING and FORE- STALL 1NG, Penalty for, and regulations a- gainst 150-1, 166, 190. Sta- tutes of England against, adop- ted 172. Definition of, and how punished 194-5, 217, 245. Exception 217, 245. All acts against ingrossing repealed 296. INHABITANTS, Not to go abroad in such num- bers as to endanger the planta- tion, 127. Permitted to dis- perse and form distinct settle- ments 285-6. Not to hunt or straggle abroad in small parties 300-1. Not to migrate from the collony 321. Not liable to export duties 410. Exempted from castle-duties 402. INSOLVENT DEBTORS, How relieved 294, 346. 453. INSPECTION of TOBAC- CO. — See Tobacco. First inspection law 152. By whom tobacco tendered in pay- ment, to be viewed 152. Bad tobacco to be burnt 152. A- mendment tin inspection law 165,190. Another amendment 204, 211. INSPECTORS— See Tobacco. INTERPRETER For the governor, his salary 222, 328. Thomas Flood appoint- ed with the salary of his father, John Flood, former interpreter 521. . 1. INDEX. I. S11 INTERREGNUM, State of, in Virginia .529. note. Laws arising from 5:31. INVALIDS, Provision for 287. Alteration in law concerning 31 1. Act con- cerning, repealed 334. INVASIONS.— See Alarms. INVENTORY, Of ail estates, together with a census to be taken yearly 175, 200. IRISH SERVANTS, Their time of service 411. Ex- tended to all aliens 471. The act repealed 538-9. IRON, Exportation of, prohibited 488. Again permitted 525. ISLE OF WIGHT, i Warrosqnoyacke changed to in 1637.) Boundaries of 228. Fi- nally determined 247. Divid- ed into parishes 278-9. Com- missioners to ascertain bounda- ries of, and of Nansimum 404. Two courts held in 409. Re- pealed 550. Part of Upper Nor- folk added to 423. JAMES CITY, One of the original counties 224. Sole port of entry 126, 163, 191, 206, 214, 245-6. To be the chief town 226. Unimproved lots in, how &t upon what terms taken up 252. Merchants not to retail wines or strong waters in 319. Weekly markets estab- lished in 362. ' JEOFAILS, Act of 486. JOURNALS, Extracts from, in March 1657-8, pa. 495. On the subject of law- yers 495. Ground leaves 49t;. 4 Time of planting tobacco 496, Adjournment or dissolution of the assembly 496. Exportation of hides, wool and iron 497. How subjects to be discussed in the assembly 497. Charles City county, not to be divided, but two courts to be held in it 497. Reasons for laying a duty on to- bacco exported 498. Salary of governor 498. Allowance of accommodation to councillors at quarter courts & assemblies, rescinded 498. Proposition to reduce the number of burgess- es for a county, negatived 498. Middletown parish established 498. Contest between the go- vernor and house of burgesses, as to the power of dissolving the assembly 499, 505. Extract from journals of March 1658-9, pa. 505, 516. . JUDGES, Of monthly courts, who 125. JUDGMENTS, To be in money, and not tobacco 216. May be confessed out of court 304, 447, 455. Certified from one county, execution may issue in another 304, 4! 8. Of the assembly, in civil actions 375. Against Nathaniel iiatt- son 383, 385. Confession of when to be recorded 455. Of no force after 5 years 484. Must be renewed by scire facias, af- ter one year 483. To be given according to the right of the case, without regard to form 486-7. Of the Assembly revers- ing a judgment of Surry court, for giving a law an ex post '".tcto operation 5 16. Against a public collector 547. >?8 K. INDEX. JUDICIAL PROCEEDINGS, Of the assembly 375-6,510, 545, &c. JULIAN CALENDAR, 393, Note. JURISDICTION. See Appeals, Assembly, county, monthly and quarter courts. Of monthly courts 125. Of a sin- gle magistrate 273, 335, 399, 462. During the commonwealth 435, 462, 477. Of two magis- trates 435. Of comity courts, during the commonwealth 477. Of the quarter courts 477. Pe- nalty for suing otherwise 477. JURORS, The number used in criminal prosecutions 146. Of matrons 209. Their qualifications 303. Allowance 313. Demeanor 314. JURY, Trial by,secur'd to those who de- sire it 273, 303, 474. Of whom to consist 303. How to be kept 303. Allowance to 313, 474. Their demeanor 314, 474. — Grand, to attend at midsummer and March county courts 304. To attend every court 463. — Acts for grand juries repealed 521. To assess damages on ap- peals 541. JUSTICES OF THE PEACE, Same as commiss'rs of monthly courts 169. Jurisdiction of a single one 273, 335, 399, 435, 402, 477. Of two justices 435. KING, His debts to be preferred 351. execution of Charles I. p. 35S, note. Penalty for aspersing his memory 360. Treason to deny the right of Charles IT. to the crown 359, 360. K1SKYACKE, When and how settled 139. En couragenrt. to adventurers 140. LANCASTER County 374, Divided, and Rap- pahannock formed 427. LANDS, Of each planter to be surveyed 125,173,197. Bounds tobere- corded, ibid. How disputes a- bout, decided, ibid. To be en- closed with sufficient fences 176. Of orphans protected irom saie, forfeiture, he. 260, 443. Settled through mistake, the occupant to be paid for his improvements 260, 443. Exception 349, 444. if the improvements amount to more than the land, the settler compelled to take the land at valuation 260, 443. Orphans' land excepted 260, 444. No per- son bound to re-survcy 262. How obtained for importing servants 274. On Rappahannock, settle- ment of, postponed, ib. Grants for lands in Rappahannock, how obtained, ibid. Deserted, may be taken up 291. Limitation of actions for 331,451. Excepti- on in favor of orphans 331, 451. Also femes covert and lunatics 451. Further time for seating allowed, on account of tie mas- sacre and scarcity of corn 349. Commissioners of North'n to take acknowledgment of Indi- ans' lauds 39 1. How confirmed 391. Of Indians, not alienable, but by consent of assembly 396. To be first assigned to Indians 456-7. Proportion 457. Hunt- ing grounds allowed, ibid. In- cluded in patents, to be relin- quished or purchased, ibid. — Indians' lands confirmed 467 L. INDEX. L. 579 Various regulations concerning j ibid. No patent valid which en- j croaclies upon Indians', ibid. — Lapsed, or deserted land, how acquired 468. No plat of, to be delivered till six months after made from the survey 5 IS. To he plainly marked Si bound- ed ■ibid. Penalty ibid. Elder pa- tentees to shew their bounds to those wishing to survey adjoin- ing 519. Consequence of neg- lect, ibid. Exception as to or- phans and non-residents, ibid. Bounds of, to be renewed from time to time, ibid. LAPSED LAND. Lands deserted by inhabitants, may be taken up by others 291. How acquired 468. LAWNE'S CREEK, Parish of, established 229. — Boundaries altered 277. LAW HENCE, Henry, president of Oliv. Crom- well's council 510. His charac- ter 510, note. LAWS, May be enacted by Northamp- ton county, concerning Indians and manufactures, to be con- firmed by the assembly 396. — Provision for revisal 421, 425, 427. All laws contravening the provisional government repeal- ed 531. LAWYERS. See Attomies at Law. Conference between the house of burgesses, and governor and council, as to the constitutional right of expelling them 495-6. LEAD. Act requiring all lead to be melt- ed into shot repealed 319. LEAP YEAR, 393, note. LEATHER, Exportation of, prohibited 307. Act prohibiting exportation of, repealed 314. LECTURER, May be used, in absence of mi- nister 290. LETTERS, Answer to the king's, on the sub- ject of staple commodities 131. To be written to Samuel Mat- thews & Rich'd Bennett, while in England 425. To the protec- tor and secretary of state 426. Public, how conveyed 436. — From the president of Oliver Cromwell's council, announc- ing his death, and the accession of Richard Cromwell 509-10. Proceedings of the house of buraesses thereon 511. LEVIES.— See Taxes. Duty of church-wardens in re- lation to 241. Poor exempted from, except parish duties 242. Special levy for the governor's accommodation, in consequence of the civil war in Engl'd 280, 281-2. When public levies payable 319, 334. Sheriffs may distrain for 320. None to be raised, but by a grand assembly 320. To have a preference over all other debts 330, 450. To be received by collectors, instead of sherriffs 342-3. Arrears of, in Isle of Wight, how collected 383. During vacancy of minis- ter, for building church, Si pur- chasing glebe 400. John West and family exempted from pay- ment of, in consequence of the services of his ancestors 547. LEOPALpUS, Ship, forfeited 382-3. Proceeds of sale of. appropriated 385. obo L. INDEX. M. LICENSE, Marriage, how obtained 156, 181, 241, 433. Penalty on mi- nisters for marrying without 332, 433. LIMITATION. Of actions on accounts and book debts 301. Exception 302.— Further exception 312. Of suits for land 331, 451. Exception in favor of orphans $31, 451. Al- so femes covert, &,c. 451. No bills, bonds, or written engage- ments recoverable, after three years from their date, unless renewed, sued upon or n coi r ! 390. Extended to judgments also, and limited to five years 483-4. Exfcept where the deb- tor removes out cf the county 484. Of clerks' and sheriffs' fees, and county and public le- vies 484. LISTS, Of passengers to be delivered at Point Comfort 166, 191, 392. Of taxable property, how taken 306. Of tithables, when h how taken 361,388, 454-5. LITURGY, Of the church of England, to be observed 241. LORD'S DAY.— See Sabbath. No journeys to be performed on, nor goods laden, nor guns fired 434. Penally ibid. Servants h others to attend church on, ibid. LOWER NORFOLK, Boundaries of 228. Finally de- termined 247. May elect bur- gesses in each parish 277. LYNIIAVEN, Boundaries of Lynhaven parish 250. Inhabitants not to be ex- ercised out of the limits of the parish, ibid. May choose bur- gesses, ibid. MAIDS, Two, got with child at sea, or- dered to be sent back 552. MAJOR GENERAL, Of Virginia, appointed 545. MANSLAUGHTER, Woman found guilty of, and pleads pregnancy, jury of ma- trons find her not pregnant 209. MARES, Exportation of, prohibited 463. MARITIME CAUSES, County courts to havejurisdiction of 466-7. MARKETS, Weekly, established in James City 362. Limits 363. Con- tiacts madp within, how enfor- ced 362. Ports & markets es- tablished in each county 412, 414. The last act repealed 397, 476. MARRIAGES, Register of, to be kept by minis- ter &. church- wardens 155, 158, 180, 241, 433. Fees for 160, 184. Where celebrated 183. How 156, 181, 241. Of ser- vants, without leave of owners, how punishable 252-3, 438.— Penalty on minister for marry- ing without license or banns 332j 433. Guns may be shot at 401. Fees for marriage licenses payable to governor 423. — Mode of keeping register of, changed 542. MARSHAL, His fees 176, 201, 220. MARSHART. Compensation to capt. Marshart, for gun carriages 171, 195. — Donation to his wife and chil- dren 171, 195. M. INDEX. M. 581 MARSTON PARISH 388. MARTIN, Solomon, committed for slander- ing a member of the council 515. MARYLAND, Compact with the governor of. as to commerce 276. Dispute with, as to boundaries 425. MASSACRE, Holy days in commemoration of escape from, the 22d of March 123, 177, 202, 263. The 18th of April 290. The 22d of March and 18th of April 459. MATRIMONY, How to be celebrated 156, 181, 241, 433. At what hours of the day ibid. Consent of pa- rents and guardians ibid. — Where 158, 183. MATTHEWES, SAMUEL, How to proceed in building fort at Point Comfort 150, 175. — Guard allowed at 175. Fur- ther allowance to 177. How paid 221. Letters to, while in England 425. Governor elect 426. His rank in council 426. The third governor elected under the provisional govern- ment 431-2, 504, 516. His death 528, note. Suits against his executors removed before the governor and council 546. MASTERS OF VESSELS, Transporting debtors without previous notice, liable for their debts 200, 243. So, without a pass 437. To give bond and security not to molest any per- son trading under the protection of the laws of Virginia 535. MEASURES.— See Barrels, Weights and Measures. MECHANICS To follow their trades, and not plant tobacco or corn 208. MERCHANDIZE, Where to be landed 215. MERCHANTS Encouraged to supply the co- lony with goods 216, 217. — Dutch encouraged 258. Not to retail wines or strong waters within James City 319. To be encouraged 476. MIDDLE PLANTATION, Encouragement for settling 208. M1DDLETOWN Parish 498 9. MIGRATION Of inhabitants prohibited 321. MILITIA, Officers of, to see that every man is furnished with a gun and a certain quantity of powder and shot 525. MILLERS, What toll they may take 301, 485. To provide statute wei'ts and scales 348. Penalty for not sufficiently grinding, or for exacting more than legal toll 348. To provide statute weights or steelyards 485. Penalty for not grinding or exchanging, or for exacting more than legal toll ibid. MINISTERS Absenting themselves from church 123. Penalty for dis- paraging 124, 156, 181. To be first paid 124, 207. Who to pay them tithes 144, 241, 361-2. To conform to the ca- nons of the church of England 149, 277. When to make their presentments, and return a re- gister of marriages, births and 532 M. INDEX. M. burials 155, ISO. How to ce- lebrate matrimony 156, 181, 241. To preach a sermon eve- ry Sunday 157, 181, 290, 311. To catechise children ibid. — To visit the sick 157-8, 182, 290. Their deportment 158, 183. To administer the com- munion 158, 1S3. Their al- lowance 159, 242. How col- lected 160, 184, 207, 243 — Tithes of calves, Sic. 159, !84, 207. How collected ibid. Their fees for marriages, &c. 160, 184, 243. Church-wardens li- able for their dues, if tiny fail to collect them 160, 185. Their tobacco to be carried to ware houses 207. Altered as to pay- ment of tobacco 243. To ap- point deacons 208. Act allow- ing tithes repealed 220. How paid in 1639, pa. 226. How presented, inducted, and remov- ed 241-2. To reside within their cure 290. When a lec- turer may be used 290. Ves- tries may augment their sala- ries 328. Penally for marry- ing without license or banns 332, 433. Refusing to read prayers not entitled to their sa- lary 341-2. During vacancy of, all parishes to pay levies, for building a church and pur- chasing a giebe 400. Reward for importing 418. Minister and six of his family exempted from public levies 424. I low and by whom examined ibid. None but, to celeb.ate the rites of matrimony during the com- monwealth 433. MINORS. See Infants. MONCK, General, his reserved conduct 528-9, note. MONEY. Contracts and pleadings to be in money and not in tobacco 216. Not to be in money 262. Mo- ney debts not recoverable, un- less contracted for horses, mares or sheep 267-8. Again re- coverable 417, 473. Law for coinage of 308-9. Pieces of eight of whatever metal, to piss current 410. Law repeal- ed 397. Value of pieces of eight 493. Not to be exported above the value of forty shil- lings 493. MONTHLY COURTS, Origin of 125. Jurisdiction ib. Judges of ibid. Appeal from ibid. Double damages on ap- peals ibid. May fine persons of quality who are delinquent as to powder 127. Form of commission to commissioners of 132. Jurisdiction of, as to offences against the act limit- ing the price of tobacco 163. Where held 168, 185. Com- mission to certain commission- ers 168-9, 186. Power and ju- risdiction ibid. Oath of com- missioners 169,187. May pu- nish for taking away boats, canoes or weirs 170. To pro- vide for sealing barrels ibid. — Jurisdiction extended 224. Name of, changed to county courts 273. MORATLCK.— See Roan- oake. MORTGAGES Deemed fraudulent, unless en- tered In some court 227. To N. INDEX. N. 583 be registered in a quarter or monthly court, or be void 248- 9. Not to extend to a bill of sale of estate to a creditor, ac- companied by delivery of pos- session 249. MULBERRY TREES To be planted 126, 420, 481. Act for planting repealed 520. MUSTER Of inhabitants 175, 200. No writ or warrant to be executed on a Sabbath day, or at a mus- ter 457. MUSTER MASTER GENERAL, How paid 226. NAILS. Penalty for burning houses for the sake of nails 291. NANSIMUM, Name of Upper Norfolk coun- ty changed to 321. Commis- sioners appointed to ascertain buundaries of, and of Isle of Wight 404. NAVIGATION, Act of, passed in 1651, never en- forced in Virginia 5.13, note. NECOTOWANCE, Treaty with 323, 326, 453. NEGROES. Singular judgments of the go- vernor and council for lying with a negro 146, 552 When first introduced in Virginia 146, note.. Not to have fire arms 226. Duty payable on tobacco exported, produced by the sale of them 540. NEWCOMERS Not restrained from planting to- bacco, or exempted from the Indian war 141. Exempted for the first year, from the war, but must contribute to the ex- pense 150. Tax on, for the fort 222. NEW ENGLAND, No person to remove to, with- out a pass from the governor 200. NEW-KENT County 387-8. NEWS, Divulgers of false, how punish- ed 434-5. NEW STYLE 393, note. When adopted in England, and the colonies 393, note. Vari- able and irregular manner of writing the date of the year before 494. NON-CON FOR MISTS Compelled to depart the colony 277. NON EST INVENTUS, Proceedings upon return of 466. NON-RESIDENTS, Their lands protected from loca- tion 519. To give security for costs 522. NORFOLK.— See Upper and Lower Norfolk. NORTHAMPTON, Accawmacke changed to 249. Divided into parishes 249. — A paper subscribed by inhabi- tants of, deemed scandalous &. seditious 380. Governor and secretary to quiet the discon- tents of the people of 380. — Certain commissioners to at- tend them 384. Their powers ibid. Commissioners of, may take acknowledgment of Indi- ans' lands 391. Two courts held in 409. May enact laws concerning Indians and manu- factures 396, 476. Appeals from 520, 541. 584 O. INDEX. O. NORTHUMBERLAND, Inhabitants of, to pay taxes or be called off from the settlement 337-8. County of, established 352. To elect burgesses 353. Patents to issue for their lands 353. To be rated for public taxes 353. What inhabitants included in 362. NUTMEG QUARTER Parish, provision for uniting to Denbigh 425. OATHS Of members of the council 116. Of allegiance and supremacy administered to the governor and council and burgesses 149. To be taken by persons arriv- ing at Point Comfort 166, 191. Of church wardens 156, 182. Of commissioners of monthly courts 169. Of burgesses 371, 378, 508. Administered by the council ibid. Of sheriffs and constables during the com- monwealth 467. Oath of se- crecy enjoined by the house of burgesses, during a contest with the governor and council as to their constitutional pow- er to dissolve the assembly 500. Oath of governor pre- cribed by the house of burgesses 504. OBEDIENCE To superiors enjoined 121, 174, 198. OCQUIIANOCKE, Parish of, established 374. OLD PLANTERS, Privileges of 124, 172, 197, 263, 460. OLD STYLE 393, note. When discontinued in England, and the colonies 393, note. Vari- able and irregular manner of' writing the dates of the year 494. ORCHARDS, Act concerning 226. ORDERS. See Resolutions, Rules. ORDINARIES, Rates of diet and beer at 229. Keeper of, how licensed 287, 411,471. Rates of 487, 300>. 446. Debts for liquors not re- coverable 287. Penalty for fraudulently, mixing liquors 300. For exceeding the legal rates 300. xMay be licensed by coun- ty courts 411, 471. Rates to be fixed annually by the assembly 446. How rated during the ses- sion of 1657-8, pa. 489. Rates to be fixed by county courts, from time to time, as the price of tobacco may rise or fall 522. License to be taken out, & bond and security given 522. ORDNANCE, Compensation for carriages for 171. Carriages to be removed to a dry place 175. ORPHANS, Their estates protected from sale, forfeiture, &c. 260, 443, 519. Duty of their guardians 260-1, 443. Penalty for dealing with 269. Excepted in the act of li- mitations 331. To be bound to trades, if the interest of estate be insufficient for their educati- on 416. To receive from their guardians their estates in kind 416. To have the produce of their labor, after 17 years of age 417. Leases of their lands, how to be made 443. Sheriffs to summon persons to render ac- counts of their estates, &, clerks to enter them ex officio 550. p. INDEX. P. 585 OUTCRY.— See Auction. OVERSEERS OF DECE- DENTS' ESTATES. See Executors, Guardian?. OVERSEERS OF SERVANTS AND SLAVES. See Servants. Penalty on a ser- vant for resisting his overseer .038. OWNERS.— See Virginian Owner-. PALISADES To be around every dwelling house 127. PAMPHLETS, Penalty for disposing of or pub- lishing those containing the ten- ets ot the quakers 533. PARDON Granted for homicide, per mis- adventure 406 PARENTS' Consent to marriage, when ne- cessary 156, 181. PARISHES. Kiskiacke established 228. — Lawne's creek 229. Bounda- ries altered 2; 7. Wallingford 249. Boundaries of, altered 278. North'n. county divided into 249. Lynhaven, bounda- ries of 250. Upper Norfolk divided into 250-1 Names of certain parishes changed, & new ones formed 251. Chip- poaks 278. Waters's creek 278. Isle of Wight county di- vided into ibid. Harrop 317. Certain inhabitants of James City may form one 298. South- wark, established 347. Oc- quhanocke, established 374. — Westover, enlarged 375. Mars- ton 388. Stratton Major 101. All counties to be laid out in ^ 400, 478. Parish levy for buil- ding churches & purchasing glebes ibid. To pay the ex- penses of their own burgesses 4 21. Bristol, may hold courts. with allowance of appeal to Charles Citty ami Henrico 42 1. Provision for uniting Nutmeg Quarter to Denbigh 425. May be laid off by county courts 469. Middletown, established 198-'J„ PARISH REGISTER To be kept by minister and church wardens 155, 15 8, 180, 182-3, 4.33. When and how certified 241. To be kept in each parish of marriages, births and burials, by an officer ap- pointed for that purpose, who is to certify annually to the clerk of the county court, there to be recorded 542. PARLIAMENT, Surrender of the colony of Vii- ginia to the authority of 367. 472. PARLIAMEXARY PRO- CEEDINGS, In the house of burgesses dur- ing the commonwealth 495, 497, 505, 516. PAROCHIAL BURGESSES. Their wages paid by the parish 421. Vestry may order pay- ment of 520. Collectors may distrain for 521. Sheriffs can- not refuse to hold elections for 545. PASS, How obtained, for debtor remov- ing 200, 243. Penally for trans- porting a person without 436-7. Prc-rcquisites of, 437. PASSENGERS, List of, to be delivered to com mander at Point Comfort or 4B 586 P. INDEX. P. arrival of ship 166, 191, 247, 392. To take the oaths of al- legiance and supremacy 166, 191, 214. To have a suffici- ency of stores from England here 435. PATENTS, For importation rights of ser- vants, how obtained 274, 444, Exception as to Rappahannock 274. Form of, during the commonwealth 472. Owners of elder, compelled to shew their bounds to those wishing to survey adjoining 519. How formerly granted under the Lon- don company 552. PAY Of officers and men at Point Comfort 222. PETIT TREASON, Judgment for 146. PETITION To the Assembly by W. Parry, for relief, rejected 512. PHYSICIANS AND SURGE- ONS Compellable to declare on oath the valui of the If drugs and rr.e- dicines 316 450. Courts may allow what is reasonable ibid. Penalty on, and on surgeons for neglecting their patients or refusing their assistance ibid. Jurisdiction given to county courts 317. Jurisdiction to all courts 450. PIPE-STAVES.— See staple commodities. P T JH. — See staple commodi ties. PLANTATIONS.— See Repre- sentation. PLANTERS, Privileges of old 124, 172, 197, 263, 460. PLAT, Not to be delivered by surveyoi till six months after it is drawn from the survey 518. PLEADINGS, Want of form no bar in 486-7. PLEAS To be in money, and not tobac- co 216. POINT COMFORT, Fort to be built at 150. Regu- lations to be observed by ves- sels arriving there 166. Fort, when finished to be viewed 175. Guard at ibid. Powder and shot payable at 176, 218, 247. Waiters to be put on board ves- sels arriving at 215. Tax on new-comers for 222. Pay of officers and men at ibid. New fort to be built at 226. Duties payable at, in match and paper royal 229, 247. Also in pow- der and shot 247. Duties of powder and shot payable at, a- bolished, and additional duties payable to the government 301, 312. Salary of Captain Mor- rison, commander of 320. POLL-TAX.— See Taxes. Abolished, and tax on property substituted 305-6. Tax on property abolished, and poll- taxes revived 356. POOR Exempted from public charges, except parish duties 242. Pro- vision for educating poor chil- dren 336-7. POPERY, Statute of England against, en- forced 268-9. Priests to be banished 269. POPISH RECUSANTS, Statute of England against, en- forced 268-9. p. INDEX. P. 587 PORT-DUTIES, Payable in powder and shot 176, 191, 218, 247. Repealed, and additional paid to the govern- ment 301, 312. How payable and appropriated, during va- cancy of a governor 533-4. — Where to be paid 534. Col- lectors of, to be appointed 534. Port-charges payable to Sir W. Berkeley 543. Provision as to those accruing after the death of Matthewes ibid. PORTS. James City sole port of entry 126, 163, 191. 206, 214, 245-6. Ports and places of market in each county established 412, 414. The last act repealed 397. POTASHES.— See staple com- modities. POTT. Doct'r. John Pott, late govern- or, found guilty of stealing cat- tle 145. POUNTIS, John, sent to England 128. POWDER & SHOT To be provided for each planta- tion 127. Not to be wasted ibid, and 173, 198. Duty in powder and shot, payabie at Point Comfort 176, 191, 218, 247. Repealed 312. Not to be sold to Indians 219. Or lent to Indians 255. A barrel of powder allotted to each coun- ty 277. To be purchased 297. Additional duty in 301. Made perpetual 312. Commission- ers to render an account to as- sembly, for the levy for 387. Proportion of, to each regi- ment 425. Penalty for barter- ing or selling to Indians 441. For lending ibid. Free trade allowed with Indians for 525. Every man to be provided with a gun and a certain proportion of 525. POWER Of government assumed by the assembly, there being no abso- lute, general confessed power in England 530, 531. PRAYERS, Minister refusing to read, not entitled to his salary 341-2. PREACHING To be in the church 158, 183. In the forenoon and catechising in the afternoon 290. Penalty on masters of families for not sending their children and ser- vants 311. PREGNANCY Pleaded 209. Oath administer- ed by a midwife to a pregnant woman and the child born in marriage adjudged another man's 552. PREMIUMS For making wheat, silk, flax, hops, wine and other staple commodities, except tobacco 469, 470. For silk increased 487, 521. PRESENTMENTS.— See Church-Wardens, Grand Jury. What presentments to be made by church-wardens 240. Mi- nisters, how presented and in- ducted 241-2. PRESS. — See Impressment. PRIESTS. Popish Priests, to be banished within five davs after their ar- rival 269. 588 P. INDEX. P. PRISON BOUNDS, How assigned 341. Prisoner breaking them to be kept in close custody 341. PRISON BREAKING, Felony, and county and sheriffs exonerated 340-1. PRISONERS, How kept for trial 264-5. Charges of, how paid 265, 2S5, 310, 449. 460. Poor, how relieved 294, 346, 452. Not to be tri- ed in county, but before quarter court or assembly only 307-8. How kept 398, 444. If con- victed, his estate to remain with his wife and children, till fur- ther order 398. PRISONS, Sufficient, to be built 265, 444. What deemed sufficient 340, 452. County courts liable for neglect 265, 460. Persons breaking, deemed felons, and county courts, and sheriffs ex- onerated 340-1. PROCESS Against debtors lately arrived from England, suspended 256. exception 257. From quarter courts by whom signed 272. How to issue during the com- monwealth 434, 530. PROCLAMATIONS, At one period, supplied the place of legislative acts 120. Against swearing and drunkenness con- firmed 126. Proclamation to be read on board each ship, on their arrival, restricting them to the port of James City ibid. Concerning rates of commodi- ties ib. Effect of 129. Form of to be affixed at main-mast of each ship 166, 191, 214, 215. Not to contravene a law 264, 447. Prohibiting migration 321. PROTECTION, Writ of, granted to the king of Weanoak, from arrests for debt 547. PROTECTOR, Oliver Cromwell declared 358, note. Succession of Richard 509,511. Measures contemp- lated by Oliver Cromwell for settling the government of Vir- ginia, frustrated by his death 509, 527, note. The influence of the protectorship never felt in Virginia 527. PROVISIONAL GOVERN- MENT Adopted in Virginia, on the sur- render of the colony to the par- liament of England 37 1 . Rich- ard Bennett, elected governor ibid. Secretary of state elect- ed ibid. Members of the coun- cil 371-2. Powers of govern- or and council 372. Commis- sioners of counties, how ap- pointed ibid. All other offi- cers ibid. Governor and coun- cil to be members of assembly 373. Provisional government recited and recognized 428, 431. Government, after the death of Oliver Cromwell 511, 5 1 4, 526, 529. Supreme pow- er declared to be in the assem- bly, till a commission shall come out of England 530. All laws contravening, repealed 531. Penalty for speaking in derogation of ibid, PUBLIC CREDITORS, How paid 143. PUBLIC GRANARY, Established in each parish 125. H INDEX. R. 58!4 PUBLIC LETTERS, How conveyed 436. QUAKERS, Penalty on masters of vessels for bringing them in 532-3. All Quakers to be apprehended & committed to prison, till they give security to leave the colo- ny 533. Penalty lor returning, ibid. Fur returning a third time to be proceeded against as fe- lons ibid. Penalty f<>r enter- taining or permitting assem- blies of Quakers, ibid. All of- ficers bound to enforce this act, ibid. Penalty fur disposing of, or publishing books or pam- phlets containing their tenets, ibid. QUARTER COURTS, How constituted 145, note. — Terms of 174, 187, 270, 401. Where held 174, 187, 401.— Fees of clerk of 200. Rules of proceeding in 270-1, 401. Ju- risdiction of 345-0, 477. Com- pensation fur the use of a house in which the quarter courts held 425. June term abolished 524. Terms of March, September and November altered 524. QUEEN'S CREEK, Encouragement for settling be- tween Archer's Hope & Q'ns. Creek 199. QUIETUS, How obtained by administrators 303. When 401. QUIT RENTS, When and what payable 228. — When to commence 280. How appropriated 300-7. Kates of tobacco, received for 310. May be distrained for, and replevied 361. RAPPAHANNOCK. Excepted as to importation rights of servants 274. Settlement postponed, ibid. Count}- form- ed from upper part of Lancas- ter, 427. RATES. See Corn, Ordinaries, Tobacco. Of commodities, proclamation for 120. Of tavern keepers 221* 2S7, 300. 440. 522. RECEIPTS, To be given by clerks for all pa- pers received by them 408. RECORDS, Ancient, relating to Virginia, some account of 70. To be kept by clerks of county courts 303-4 . RECUSANTS. See Popish Recusants. REGISTER. See Parish Register. REGISTERING OF DEEDS. Deeds and mortgages to be re- gistered in court, or deemed fraudulent 227, 248-9. Exccp tion 249. Extended to convex ances of goods &c chattels 418. REMONSTRANCE. Of the grand assembly 236, 238. REMOVAL. No person to remove to IVcw England, or elsewhere without a pass from the governor 200 437, 4G5. REPRESENTATION. First by boroughs 121, note: .Se- cond/*/ by plantations or settle ments 138, 147, 153, 17S, 30 Thirdly by counties 224, 339 282. 288, 298,322,339, and all subsequent sessions. Election of burgesses, how to be 411. 412, 475. Right of suffragt bridged 412. Again extent to all free men 403. 475. 590 R. INDEX. S. REPRESENTATIVES. See Burgesses. RESTORATION, Of Charles II. when 528-9, note. REVENUE. See appropriation. Taxes. REVISAL, First Revisal of the laws 178, 202. Second Revisal 238, 282. Third Revisal 429, 494. Com- mittee appointed for 421. Cotia- pesation to clerk of revisors 425. Revised laws to be digested into one volume 427. Committee to compare them, ibid. How, and by whom copied from the origi- nals, ibid. Motives for revisal of 1657-8, p. 432. Of March 1657-8, how adopted 495. ROADS, How laid out 199,436. ROANOAKE, Or Moratuck, settled 380-1. A species of coin 397. ROBERTSON, His misrepresentations, as to the election of Sir Wm. Berkeley, governor, and the other public transactions in Virginia, during the commonwealth of England 513, note. 526-7, &tc. note. — Quotation from replete with er- ror 526-7, note. RULES, Of proceeding, in the house of burgesses 507-8. RUNAWAYS, Penalty for hiring runaway ser- vants 253, 440. How punished 254-5, 440. To be branded on the cheek with the letter R, 254-5. On the shoulder 440. For ill usage, how redressed 255,440. Felony to carry arms or ammunition to the Indians 255. Penalty for second oflence 401. For harboring 401, 440. Hue and cry against 4S3. The hair of runaway servants to be cut close above the ears 517-8. How the Dutch paid for appre- hending & bringing in runaway servants 539. SABBATH, Not to be profaned 144, 434. — Profanation of, how presented 240, 434. How kept 261, 434. No arrest on 457. SACRAMENT, To be administered three times a year 158, 183 In the church ibid. According to the book of common prayer 241. SALARIES. (See the respective officers.) Of the governor &t council, while attending quarter courts Sz, as- semblies 423. Of the governor ibid. His perquisites, ibid. Of the speaker of the house of bur- gesses 424. Of the clerk, ibid. Of the members of council, to be paid for actual attendance only 523. SALTPETRE, Experiments in 151. SAVAGES. See Indians. SCIRE FACIAS, Must be sued out after a judg- ment has been a year and a day without execution 484. SEARCHERS, Of vessels, appointed 207. SEA STORES, Sufficient, from England here, to be provided by masters of ves- sels 435. SECONDS, Of tobacco, not to be tended, an- INDEX. 591 der a penalty 399, 478. Penal- ty 478. SECRETARY, His fees 176, 201, 220, 265, 463. His office- hours 223. His du- ties daring' vacancy of governor 223. Fees of his clerk of quar- ter court 266. Fir?t secretary of state, under provisional go- vernment 371. To issue sum- monses for assemblies ex officio 551- SECRETARY OF STATE, Directed to deliver the public re- cords to the speaker of the house of burgesses, during a contest between the governor &i coun- cil, and house of burgesses, as to the constitutional power of dissolving the assembly 503. — Wm. Claiborne appointed 523, 547. How appointed on the election of Sir Win. Berkeley as governor 531. SECURITY FOR COSTS, To be given by non-resid't plain- tiffs 522. SEDITION, in Northampton and Accomack 380. Certain commissioners to attend governor and council, to quiet disturbances of the people 384. SERJEANTS, When appointed 224. SERMON, Minister to preach one, every Sunday 157. SERVANTS, Penalty on, for secret marriages 252-3, 438. For hiring run- aways 253-4, 439. Punishment of runaways 253-4, 401, 440. Redress, for ill usage 255, 440. Felony for runaway servants to carry arms or ammunition to the Indians 255. Brought in without indentures, how long to serve 257, 441. How patents, for importation rights of, to is- sue 274, 444. Penalty for deal- ing with other men's 274-5,445. Indian children, upon what con- ditions taken 410. Irish serv- ants, how long to serve 411. — Repealed 53S. For harbouring runaway 401. Tohavesufficient accommodations from England here 435. Fornication by ser- vants 438. Having bastards, how punishable 438-9. Hue So cry against runaway 483 Run- aways, to have their hair cut close above the ears 517-8. Pe- nalty for resisting their master, mistress or overseer 538. How Dutch paid, for apprehending and bringing in runaway 539. SERVITUDE, For offences, abolished 259, 459. SETTLEMENTS, On others' lands, how compen- sation to be made for improve- ments 260, 443. Exception 349, 444. Inhabitants permitted to disperse &. form distinct 285-6. On the north side of York river, when allowed 328-9. Further time allowed for 349. On the north side of Charles and Rap- pahannock rivers, authorised 353. On Moratuck or Roan- oake, h Choan rivers 380. SETT- OFF, How allowed in court 296, 449. Act for, made perpetual 314. Debts sett-off must be of like nature and value 449 i92 S. INDEX. S. SEXTON, How paid 226. Hon- appointed 241. SHEEP, Exportatiorrof, prohibited 463. SHERIFFS, When first appointed 223. Their power, the same as in En- gland 224. No writ to be di- rected to more than one she- riff 257-8. To continue in of- fice, one year, only 259, 442. When to settle their accounts with the public 259, 442. To give good security 259, 284, 442, 445. How to keep prison- ers for trial 264-5. Their fees 266,465. Fined for non-appear- ance of defendant 27]. That act repealed 272. Certain she- riffs fined for not producing their accounts to the assembly 2S4. Their fees regulated 295. Sum- mary redress against, for cer- tain taxes 297. Whatfeesbound to collect 302, 313. Sheriff to take bail, on arrests, or be liable to the judgment of the court 305, 443. How he may dis- charge himself, if defend't fails to appear448. May have an at- tachment448. When to distrain for taxes 320. To give a prefer- ence to public &; couniy levies, in their collections 330, 450. — Not to plead as attorney in the court to which he belongs 330, 523. Penalty for disobeying any command of the general assembly 333, 452. Or not making return of any warrant or precept 452. When to re- turn lists of taxable property 1 ! . Collectors to receive pub- lic levies, instead of 342-3. — To be recommended by county courts, and approved by the go- vernor & council 392, 471. To collect and distrain for clerks' fees 465. Their commission for collecting, ibid. Form of their oath, during the commonwealth 467. Limitation in recovery of their fees. 484. To take lists of tithables as formerly 521. Ad- ditional penalty on, for not mak- ing due return of burgesses 532. Cannot refuse to hold elections for parochial burgesses, on the request of the vestry 545. To summon persons to render ac- counts of orphans' estates, ex officio 550. When to return lists of tithables 551. SHIPS, Not to break bulk or make sales till thev arrive at James City 126, 163, 191, 214,245-6. Ex- ception 246. Duty of captain of, on arrival at Point Comfort 166, 141, 392. Proclamation to be fixed at the main mast of 166, 191, 214. Copy of act to be fixed to 245-6. If arrive empty, limited in their freight back 216-7. Leopaldus, for- feited 382-3. Proceeds of sale of, appropriated 385. Bill of sale of 362, note. To report to governor, on their arrival 392, 470. To douse sail on passing the fort 392, 470. Masters of, to provide sufticient stores for passengers, from England here 435. Certain captains of, refus- ing to pay the duty of two shil- lings a hogshead, on tobacco, ordered to be taken into custo- s. INDEX. S. 593 dy 512-3. Masters of, to give bond and security not to molest any person trading under the protection of the laws of Virgi- nia 535. Form of the bond 537. SHIRES, Names and number of shires ©r counties first established in Virerinia 224. SHOOTING, On other men's land, seated and bounded, prohibited 228. Pe- nalty for 294, 437. But deer or game shot off another's land may be pursued on it 248, 437. Not to be on the Sabbath 261. Nor at entertainments 401, 480. Exception, ibid. SICK, To be visited by the ministers 157-8, 182. SILK. Donation to George, the Arme- nian, for encouragement to slay in the country and make silk 425. Premium for making 470, 487,521. SILVER, See Staple commodities. SKINS. No skins or hides to be exported 174, 199. Furs excepted lb9. Act prohibiting exportation of hides repealed 314. SLAVES.— See Negroes*. Indian children not to be treated as 396. SOUTH PARISH, Formed in Upper Norfolk coun- ty 251. SOUTHWARK, Parish, established 347. SPEAKER, Communication from governor Bennett, on the choice of 377. Message from the house of Bur- posses on the same subject 378. The house permit their speaker to resign, ibid. Punishment of Wm. Hatcher for slandering col. Edw. Hill, speaker, ibid. Salary of 424. Power and duty of, during contest between the governor & council, and house of burgesses, as to the constitu- tional power of the former to dissolve the assembly 503-4. SPECIFIC PERFORM- ANCE Decreed 405. SPIRITUOUS LIQUORS, Act against buying repealed 226. Debts for, not recoverable 287. The last act repealed 295. Re- vived 350. Prices of, in taverns 300, 446. Not to be retailed by merchants within James City 31 9. STAPLE COMMODITIES, Answer to the king's letter con- cerning, viz. Tobacco, pitch, tar, pot-ashes, pipe-staves, bar- rel-boards, clap-boards, gold, silver, copper, fish, 134. En- couragement of 151. P ro uii- ums for, except tobacco 469. STATE HOUSE, Provision for 226. STEALING, See Cattle — Hog Stealing. STEELYARDS, To be provided for the ware- houses 221. Penalty for using false 39 1 , 470. To be tried by standard weights kept at the courthouses 391. 470. STINT. See Tobacco. 4C 594 S. INDEX. S. Price of corn not to be stinted 125 173. ' STORE-KEEPERS, See Tobacco. To be appointed at warehouses 204. Their commission, and how paid 22 i. STRATTON MAJOR, Parish 404. STRAYS.— See Estrays. STRONG WATERS. See Spirituous Liquors. STYLE, Old and new 393, note. When the new style, adopted in En- gland, & the colonies 393, note. Variable and irregular man- ner of writing ihe date before 494. SUBPOENA, May be served by the parties, or any private person 295. SUFFRAGE, Right of, by whom exercised 412. Enlarged 403, 475. SUMMARY PROCEED- INGS, Against sheriffs & commission- ers for converting certain taxes to their own use 297. SUNDAY.— See Sabbath. SUPERSEDEAS, Damages, on affirmance of judg- ment, after 487. Not to be granted except where an appeal will lie 522. One awarded 549. SUPREMACY. — See Oaths. Oath of, to be administered to each passenger, on his arrival at Point Comfort 166, 191. Pu- nishment for refusing to take it 166, 191, 214. SURGEONS. See Physicians and Surgeons. SURPLUS, Of decedent's estate, where no kin, how disposed of 401, 447. SURRENDER. Articles at the surrender of the country to the parliament of England 363, 367. Act of in- demnity at 367, 472. Right to free trade under articles of, as- serted by the assembly of Vir- ginia 535. SURRY County 373. SURVEYORS, Their fees 125, 335, 452. Their duties 335, 452. Penalty for refusing to survey, ibid. How appointed 404. Incompetent, to be removed, ibid. Of high- ways, to be annually appointed 436. Not to deliver a plat, till six months after it is drawn ac- cording to the survey 519. To mark the lands plainly 518-9. SURVEYS, To be made of each planter's land 125, 173, 197. How dis- putes about boundaries decided ibid. All former confirmed 262, 459. No plat to be delivered till six months after taken from the survey 518-9. Owners of elder patents compelled to shew their bounds to those wishing to sur- vey .adjoining 519. SWEARING, Punishment for 126, 1G7, 194, 433. How presented 126, 240, Forfeitures for, how collected 126,194. SYMMS, BENJAMIN, His will giving lands for a free- school, in Elizabeth City, con- firmed 252. I. INDEX. T. 595 TAR. — See staple commodities. TAVERNS.— See Ordinaries. TAXABLE PROPERTY, Lists of, how taken 306. New comissioners appointed to take lists of 309. Penalty for con- cealing 329. For giving fal e lists ibid. When lists of return- able 341. Taxes on property abolished and poll-taxes reviv- ed 353. Who to be listed as tithables 361. Lists of titha- bles, when to be taken 361. — Penalty for concealing 361. TAXES, Limitation of governor's power as to 124, 171, 196,244. Im- position of 128. Poll tax 143. To be collected by the barges- ses 143. How paid ibid. Tax- es for 1632, pa. 196. On new- comers, poyable for the fort 222. Taxes for 1639, pa. 229. For 1642-3, pa. 279. Councillors exempted from 279. Laid for the governor's accommodation, in consequence of the civil war in England 380-1-2. Expenses of transporting, how paid 284. Heads of families liable for taxes of its members 286. Ad- ditional levy for defraying ex- penses of Sir Wm. Berkeley's voyage, and for purchase of powder 286. To defray ex- penses of the war against Pa- munkey and Cbiekahominy In- dians 287. Poll-tax abolished and tax on properly substitut- ed 305. List of, how taken 306. When payable 319, 334. Sheriffs may distrain for 320. None to be raised hut by a grand assembly 320. New commissioners appointed to take lists of taxable property 329. Penalty for concealing ibid. — For false lists ibid. To have a preference over all other debts 330, 450. Extraordinary tax to defray the expense of an In- dian war 337. Inhabitants of Chicawane or Northumberland to contribute 337. To be re- ceived by collectors instead of sheriffs 342-3. Counties liable for, in default of sheriffs 354. On property, abolished, and poll-taxes revived 356. Who to be listed as tithables 361. When lists to be taken ibid. Penalty for concealing 361-2. Taxes "for 1655, pa. 403. TENDER, If made before suit brought, pltf. to pay costs 264. Credi- tor must demand before suit 254. Oath of demand suffici- ent 317. TITHABLES.— See Taxable Property, Taxes. List of, to be returned by the burgesses 143. New mode of taking lists of 306, 329. Tax on revived, and tax on proper- ty abolished 356. Who to be listed as 361. When to be ta- ken ibid. Penalty for conceal- ing 361-2. Commissioners to examine lists of, and fine she- riffs for neglect therein 376. Lists of, how corrected, and taken 388. What persons are ttthable 454. When lists to be taken ibid. How given in ibid. Penalty for concealing or ren dering a false list 455. Act for returning, by heads of familic 596 T. INDEX. T. repealed, and sheriffs to take lists of, as formerly 521. When sheriffs to return lists of 551. TITHES, By whom payable to the minis- ters 144, 241, 361-2. Of calves, kids and pigs 159, 184. How collected ibid. Further conti- nued 207. Act allowing, re- pealed 220. TOBACCO, Act concerning 126. Answer to king's letter concerning 134. Newcomers notrestrained from making 141. Limitation as to planting 141-2, 152, 164, 189. Bad tobacco tendered in pay- ment to be viewed by comman- der of plantation, with two or three discreet men, &2 burnt 152. Party delinquent not to plant any more till authorised by the general assembly ibid. 3N(it to be planted by French- men, who failed in culture of vines 161. Price limited 162, 183. Penalty for violation ibid. Limitation of prosecution 163, 188. Proceedings ibid. How many leaves to a plant 164, 189, No seconds to be tended ibid. When to be taken down 165. Assembly to be called concern- ing ibid*. How inspected, when bad tendered in payment 165, 190. Bad tobacco to be burnt ibid. Viewers, how appoint- ed ibid. Penalty for refusing to act ibid. Former acts con- cerning, repealed 204, 210. — Warehouses established 204, 211. Inspectors, who ibid. When to attend, ib. To burn bad tobacco ib. Good tobacco to be received and entered 204. 212. No tobacco to be paid away till inspected and entered ib. x\ll payments to be made at the warehouses 204. How warehouses built and store- keepers appointed 204, 211. All tobacco to be brought to warehouses, on oath, before last day of December 204-5, 211. Except what is reserved for family use 205, 212. At what places warehouses estab- lished 205, 211. When, and what tobacco may be made up in rolls 205, 212. Limitation as to planting ib. What sort to plant ib. Craps to be view- ed and counted 206, 212. For excess, whole crop to be cut downe 206. Further penalties 206, 213. Goods to be landed and contracts for tobacco made at James City 206, 213, 214. Price of tobacco limited 206. 210. Invoices of goods to be delivered 206, 213. Searchers appointed 207, 213. Contracts and pleadings to be no longer in tobacco, but in money only 216. Commission allowed store-keepers at James City 221. How paid ib. Sealed weights and measures to be provided for ib. Plan for im- proving the value of; half the good and all the bad to be de- stroyed 225. Creditors to re- ceive a certain portion of ib. Contracts for freight of, re- duced ib. Relief of debtors for ib. Price of tobacco in 1639 limited ib. Contents of a ton of tobacco ib. Freight T. INDEX. T. 597 per tun limited ib. How to- bacco to be tendered ib. Pria of crop of 1640 limited 226 Who permitted to cultivate it 228. No tobacco brought from Maryland and sold in Virginia 276. Casks for, to be purchased of coopers only 330. That act repealed, and merchant to allow for cask 351-2. Inhabitants not liable to export duties on 410. No seconds to be tended 399, 478. Penalty, and how appropriated 399. Size of a hogshead of 435, 456. Penal- ty for exceeding the legal size 456. For making casks of tim- ber not seasoned 456. Duty of ten shillings a hogshead im- posed on all foreigners export- ing tobacco dining common- wealth 469. Extended to ali persons not bound to an Eng- lish port, except Virginian own- ers 536-7. .Mixed with ground leaves no longer merchantable 487. Ground leaves not to be disposed of 524. How former tobacco debts to be paid 488, 524. Proceedings when the creditor will not accept 488. — Public levies, clerks' fees, &tc. to be paid in good tobacco 4S8. Penalty for packing ground leaves with good tobacco 488. Such tobacco to be burnt 488. No tobacco to be planted after the 10th of July 488. Penalty ib. Tobacco debts not demand- ed between 10th of October &. last of January not recoverable till next crop ; but suit may be brought for securing the debt 489. Duty of two shil- lings a hogshead on all tobacco exported 492-3. That act re- pealed 523. Proceedings in the house of burgesses as to the time of planting 496. Reasons for laying a duty on exporta- tion of 498. Certain captains of vessels, refusing to pay the duty of two shillings a hogshead on, ordered to be taken into custody 512, SI 3. TOLL. What toll millers may take 301. Penalty for exceeding 348, 485. TRADE.— See Free Trade. Act for regulating trade & es- tablishing ports and markets in each county 412, 414. Repeal- ed 397. TRADESMEN To follow their trades and not to plant tobacco or corn 208. TRANSPORTATION Of debtors without notice, liable for their debts 200, 243. So without a pass 437. Penalty for transporting persons to the bay or elsewhere, without no- tice 466. How cattle to be transported 466. TREASON To doubt the right of succession of Charles II, pa. 360. To propose a change of govern- ment, in Virginia, or to doubt the power of the existing go- vernment 361. TREASURER, His salary 307. TREATIES. Treaty with Necotowance, king of the Indians 323, 326, 453. Between the commissioners of the parliament of England, and 598 V. INDEX. the colony of Virginia 363, 367. Act of indemnity 367. TRESPASSES.— See Fences. By cattle, Sic. over fences 244-5, 332, 458. TONNAGE Duty, payable in powder and shot 301. TREATY Between the commonwealth of England, and th'- colon v of ' Virginia, 363. Additional trea- ty 365. Act of indemnity, in- cluding the treatv 367. UNDER SHERIFF.— See Sheriff. Not to plead as attorney in the court to which he belongs 523. UNIFORMITY— See Chun h. To church of England enjoined i 123, 155, 180. UPPER NORFOLK. Boundaries of 223. Finally de- termined 247. Divided into three parishes 250-1. May elect buruesses in each parish 277. Name of. changed to Nansinittm 321. Part of, add- ed to Isle of Wight 423. URINE, To be saved, in each family for experiments in saltpetre 151. VESSELS.— See Ships. VESTRY, How appointed 240. By a ma- jority of parishioners 290. — May order payment of wages, by the parish, of parochial bur- gesses 520. VIEVVERS.-See Inspection, Tobacco. VINES. — See staple commodi- ties. To be planted 126. Frenchmen in culture of, not to tailing plant tobacco 161. Proportion ot to be planted bv inhabitants 161, 192. Act for planting, repealed 218. VIRGINIANS, Old their privileges 124, 172, 107. 26:^. 460 VI [GINIAN OWNERS Exempted from castle duties 402, 480 From export duty on tob- 31. I ATTON Of minis and church-war- dens, yearlv 240, 241. VOYAGE Not to be taken on the Sabbath 261. Of discovery of naviga- ble rivers between Cape Hat- teras and Cape Fear 422. WAGES, Of burgesses, paid by the coun- ties 267, 421 . Ofparochial bur- gesses by the parish 421. How collected 520 1. Of members of the council, for actual atten- dance only 523. Of chaplain to the assembly 549. WAITERS, To be put on board all vessels, on their arrival at Point Com- fort 215. Their duty 215-6. WALLINGFORD. Boundaries of Wallingford pa- rish 249. Altered 278. WARDS. See Orphans. WAREHOUSES. See tobacco. When & where established 204, 205, 211. Store-keepers ap- pointed at 205, 211. Their commission 221. Sealed wts. and steelyards to be kept at ibid. WARRANTS. No blank warrant to issue, or be w. INDEX. W. 599 executed 257, 459. Origin of .warrants for small debts 272. — Warrants, how to issue, during the commonwealth 434. Not to be executed on Sabbath days or at a muster 457. WARROSQJJOYACKE, One of the original counties 224. (Changed to Isle of Wight in 1637.) WARS.— See Indians. WARWICK RIVER, One of the original counties 224. Changed to Warwick 249. WARWICK, Warwick River county, changed to 249. Boundaries of 250. WATCH, To be kept at night 127, 1 73. 1 98. WATERS' CREEK, ' Parish established 278. WEIGHTS & MEASURES, To be sealed by officers 126. Pe- nalty for using defective wts. 171, 195. To be provided for the warehouses 221. To con- form to act of parliament 331, 473. Millers to provide sta- tute 348. Standard to be kept at the courthouses 391. WEIRS, Taking awny, how punishable 170. WEST, John, and family exempted from levies, in consideration of the services of his ancestors 547. WESTMORELAND, County, boundaries of 381. WESTOVER, Parish, enlarged 375. WEST PARISH, Formed in Upp. Norfolk coun- ty 251. WEYANOAKE PARISH. Boundaries of 251. WHEAT, Premium for making 470. WICCACOMICO, Indians, desertion of, and sale of their lands, in Northumberland 515. WILLS, Where to be proved 302-3. Proceedings upon 303. Con- struction of a will, which not using words of perpetuity, held an estate for life only 405. Administrator, with will annex- ed, when appointed 416, 480. WINES, Act against buying repealed 226. Debts for, not recoverable 287. The last act repealed 295. Re- vived 350. Prices of in taverns 300, 446. Penalty for fraudu- lently mixing, ibid. For ex- ceeding legal rates, ibid. Not to be retailed by merchants within James City 319. Pre- mium for making 470. WITNESSES, How their depositions taken 304. In criminal cases to be paid by the county 449. WOLVES, First reward for killing, permis- sion to kill a wild hog 199. Reward for killing, payable in tobacco 328. County courts may establish rewards for 456. Indians to be employed to kill 457. WOMPOMPEEKE, A species of coin 397. WOOL, Exportation of prohibited 488. Again permitted 525. 600 w. INDEX. W. WORKMEN, Not to forsake their work, unless for non-payment 193. To fol- low their trades only 208. WRIT, Of ease, granted to a commis- sioner of a county court 546. WRITINGS, OBLIGATORY, Actions on, limited to 3 years, unless renewed, sued upon or recorded 390. Extended to 5 years 483. WRITS, Not to be directed to more than one sheriff, unless against run- aways and felons 257-8. How to issue 306, 434. Under what teste 346, 434. Not to be exe- cuted on a sabbath day, or at musters 457. To issue in the name of the grand assembly 530. YORK, Charles River county, changed to 249. Settlers on, their lands confirmed 257. * KfV t v./ from which it was borrowed. 3- w FAO fc 13 R ETURNED m 50m-5,'64(E5474s8)9482 3 1205 002 4 6585 J UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 191955 4