the said Commissioners for observance of the said Articles under their Hands and Seals and the like reciprocally taken from the Commissioners of Mary Land shall bind this Countrey and every Inhabitant thereof to a full performance in the said Act. And that no scruple may remain are fully agreed That Two Instruments of one Tenor made one to the Governour of Virginia the other to the Lieutenant General of Mary Land from the Governour of Carolina That the Inhabitants of that Province will truly observe the Articles agreed upon between the Governours of Virginia and Mary Land Mary-Land to concur in the Cessation shall be accepted and reputed a sufficient Engagement for the Conformity of that Province in the observance of that Act And if there should appear to the Commissioners any emergent occasion for any thing or things in the aforesaid Treaty Concluded and Agreed upon to be added or altered they are by this Act impowered to proceed therein as they in their discretions shall find the necessity of Affairs to require And the Governours Honour is hereby requested by his Honours Commission and Instructions to confirm the full Power and Authority unto them and to the intent that Notice may be given to the Honourable Lieutenant General of Mary-Land of our Intentions to renew the Treaty the Governours Honour hereby requesting to send Message to the Lieutenant General of Mary-land to certifie to him that upon the 7th day of Dectember next or as soon after as Wind and Weather will permit the Commissioners of this Countrey will meet the Commissioners appointed for that Province at St. Maryes in Mary-Land to put in Execution the aforesaid act of Assembly by which means all Obstacles and Doubts will be taken away and the aforesaid Law receive a plenary and effectual Execution And it is further Enacted That the Governours Honour be requested so soon as possible after the Conclusion of the Treaty to publish and declare by his Honours Proclamation the full intent and tenor thereof to the several Counties of this Collony II. An Act shewing how Debts are to be paid the Cessation year WHereas it is apparent to all that the Establishment of a Cessation from Planting will certainly advance the Gains of the Merchant by giving him time to vend his Commodities And for that Consideration it might be justly expected that he should make some proportionate abatement in his Debts Yet this Assembly whose care it hath ever been to preserve the Rights and Properties of every Person free from the least violation have still continued the same entire and have only for the supply of peoples Necessities and enabling them to provide for their Subsistance in the Vacant year from Planting have Enacted and by the Governour Debts due the Cessation-year to be paid one half down Time to be allowed for the other half giving reasonable Security Council and Burgesses of this Grand Assembly and the Authority thereof Be it Enacted That for all Debts already Contracted to be paid this present year in Tobacco except publick Dues any Debtor paying one half of the said Debt in kind shall have liberty for the payment of the other half until the 10th of November 1668 giving reasonable Security if requested to pay the remaining half at the time aforesaid and in case the Creditor will not stay out that time but prosecute the Debtor for payment to be made sooner it shall be in the liberty and choice of the Debtor to make Tender of his Estate before the next Justice of Peace to legal valuation for Payment of the said Second Moiety Provided That if the said Debt be under Two Hogsheads of Tobacco it shall not be lawful for the Debtor to prejudice the Creditor by breaking a Hogshead of Tobacco and paying a Parcel thereof III. An Act for Valuation of Commodities for payment of Publick Dues BE it also further Enacted by the Authority aforesaid That all Publick Dues this year in regard of the Cessation and Cause that expectation of advancing the Value of Tobacco there be an abatement of the Sums formerly allowed And that all Publick and County Debts Ministers and Parish Dues Officers Fees Fines Quit Rents and all other Rates and Debts generally that shall be contracted and become due in the vacant year from Planting may be paid in the Countrey Commodities at the Rates here following Valuation of Commodities for payment of Publick Dues during the Cessation from Planting Viz. Wheat Garravances and English Pease per Bushell Forty pounds of Tobacco or Four Shillings Indian Corn shell'd Two Shillings or Twenty pounds of Tobacco Barley per Bushell Thirty five pounds of Tobacco or Three Shillings six pence Wound Silk per pound Two hundred pounds of Tobacco or Twenty Shillings Indian Pease of all sorts except Garravances per Bushell Thirty five pounds of Tobacco or Three Shillings six pence Oates per Bushell Thirty pounds of Tobacco or Three Shillings Provided That for prevention of Inconveniences that the Receiver is subject to if he have not Cask to carry his Grain it is further Enacted That the Debtor shall provide and pay the Grain in Cask and the Creditor to allow him Ten per Cent. as in case of Tobacco No rate is set upon Flax by reason of the uncertainty of the Quantity nor Beef not Pork because perishable but both these left to valuation according to Condition and Goodness IV. An Act for Rating of Ordinary Keepers Vide Act 3. Anno 1671 and Act 10. Anno 1676 7. V. An Act ascertaining Surveyors Fees VVHereas the Act concerning the Fees of Surveyors by reason of the low rates set therein which seems to have been first made above Twenty years since when Tobacco bore a greater value then can now be expected deters any Man of Parts Abilities or Integrity from exercising the said Functions in the faithful and well discharge whereof the peace and possession of the Inhabitants of this Countrey are so much concerned and yet for want of a Penalty therein expressed leaves a Liberty to every one to extort from the People what Sums they please Be it therefore Enacted by this present Grand Assembly and the Authority thereof That for encouragment of able Men in that Science to practice the same that the Fees limited in that Act be doubled viz. Fees formerly allowed to Surveyors doubled Forty pounds of Tobacco for measuring every Hundred Acres of Land if the whole Divident exceed not or amount to One thousand Acres but if under that Quantity then Four hundred pounds of Tobacco and for the same shall deliver an exact Plat of the Land Surveyed And if any Surveyor upon reasonable Demand Surveyors refusing to measure Land at the Rates herein appointed to be fined not being by Sickness or any other lawful Impediment hindred shall refuse to measure the Land of any Person whatsoever for the Consideration and Satisfaction aforesaid every such Surveyor shall be fined and pay for such his Refusal Four thousand
prosecuted at the Charge of the County but most by those Counties where the Offenders dwelt or the Fact was committed for avoidance of which Charge it is probable that many Lewd Livers by a too favourable Censure escape their deserved Punishments Be it therefore Enacted by the Grand Assembly and the Authority thereof That where the person committed hath Estate sufficient to defray the Charge of his Prosecution the Publick or County shall not be charged but the whole paid out of the Delinquents Estate and the Publick and County only then liable to satisfie where no Estate or not sufficient can be found and discovered XIV A Dispensation for Lower Norfolk to ship their Tobacco a private Act. XV. An Act repealing the Acts of Encouragement WHereas the Prudence and Care of the Publick Good in former Assemblies thought fit for the Advance and Promotion of Trade Manufactures and Staple Commodities in the Countrey to grant out of the Publick certain Encouragements for Building of Vessels making of Silk Cloth c. By which means divers people being induced to put the same in practice have by their success made evident demonstrations how beneficial the same will be This Assembly in hopes that all People now convinced of the Profits accruing thereby will of their own accord vigorously prosecute those apparent profitable designs Have therefore for the ease of the Publick Taxes thought fit to Enact and by this Grand Assembly and the Authority thereof All Acts of Encouragement repealed except the Act releasing the Imposition of 2 s. per Hogshead to the Inhabitants rf this Collony it is Enacted That all Acts of Encouragment of Silk Building of Vessels or any other things else henceforth be generally and totally Repealed and Void except the Act for release of the Impost of two Shillings per Hogshead to Inhabitants of this Countrey adventuring in Vessels belonging properly and solely to Virginia-Owners according to the 134th Act of Assembly And moreover That the Act for not planting Mulberry-Trees which every one intending to make Silk now voluntarily propagate be also repealed and made void XVI An Act for Millers to Grind according to Tourne WHereas divers Owners and Keepers of Publick Mills in this Country do refuse to Grind Corn according to Tourne for the Reward and Toll already set and appointed by Act Be it enacted by this Present Grand Assembly and the authority thereof that what person soever Master Owner or Lessee of any Mill shall refuse to grind as aforesaid shall be fined and amerced One Thousand Pounds of Tobacco for every such offence And if the Miller so refusing be a servant he shall be punished at the discretion of the County-Court where the offence shall be committed and complained of unless the said servant can prove that what he did was done by order of the Master which Fine shall be recovered by any person injured by Action of Debt in the Court of that County where the offence was committed XVII An Act Including Sheep in the 77th Act. WHereas the seventy seventh Act concerning the Insufficiency of Fences prohibits any injury to be done to several sorts of Beasts and Cattle amongst which Sheep are not Included It is hereby enacted Sheep Comprehended in the Act concerning insufficiency of Fences that from henceforth Sheep shall be comprehended in the said Act and dammages recovered for any injuries done to them by vertue of the Act aforesaid as for other Cattle is there provided XVIII An Act Ascertaining Dammages upon Protested Bills of Exchange WHereas it appears that many Bills of Exchange drawn upon persons in England by people resident in this Country in confidence that the Goods by them sent might produce effects sufficient to satisfy them which expectation being frustated sometimes by the miscarrying of the Ship sometimes by not sail of the Goods or pretence thereof by the Parties on whom they were drawn causes the said Bills to be protested and by the great dammage of thirty per Cent. Dammages upon protested Bills of Exchange shall not exceed 15. per Cent. given by Act against the Party that charged them is found to tend too much to the detriment and prejudice of the Inhabitants of this Country It is therefore enacted by this Present Grand Assembly and the authority thereof that from henceforth the dammage upon Bills of Exchange protested shall not exceed fifteen per Cent. and that the former Act giving thirty per Cent. be hereby repealed and made void XIX An Act declaring that no Justice shall take Fee VVHereas there is an Act intended for the Relief of poor people that Causes not exceeding the value of twenty shillings sterl or two hundred pounds of Tobacco might be determined by a Justice of the Peace without further suit and whereas Complaint hath been made that some of the Justices have contrary to the good intent of the said Act exacted Fees from the Parties coming before them for Justice to a greater value then the thing sued for amounted to It is enacted by this Grand Assembly the Authority thereof that it shall not be lawful for any Justice of the Peace to receive of any person any Fees for any Cause or Matters brought before him or determined by him XX. An Act declaring what is meant by Seating of Land VVHereas there is in all Pattents a provisional Clause for Planting or Seating the Land therein granted within three years but never yet by any Law declared what was meant by that Clause Building a house and keeping a stock one whole year upon Land shall be accounted sufficient seating thereof nor what should be accounted sufficient Seating or Planting This Grand Assembly for the better explanation thereof have declared and enacted and by the authority thereof do enact and declare That building a house and keeping a stock one whole year upon the Land shall be accounted Seating and that clearing Planting and Tending an Acre of ground for one year shall be accounted Planting and that either of these shall be adjudged as a sufficient performance of the condition required by the Patent and that after such Planting or Seating the Land as aforesaid and continuance of paying the Quit-Rents no Land shall be adjudged to be deserted XXI An Act concerning Imperfect Pattents VVHereas the Honourable Thomas Ludwell Esquire hath Informed the Assembly that he finds in the Records many Patents for great parcels of Land for which there appears not any Rights upon Record of them extant upon which the Assembly taking the Premises into serious consideration and also the great trouble and prejudice that may ensue to divers honest Inhabitants of this Country in asserting their Titles though in truth never so good yet by these neglects of the Clerk rendered in strictness of Law altogether invalid for Remedy whereof the Governour Council and Burgesses of this Present Grand Assembly have enacted and it is by the authority thereof Enacted and Ordained that for preservation of all Present Tytles and
several Counties not building such Prisons liable to the Sheriff for the escape of any person committed to his Custody which Acts have for want of a Penalty never been put into Execution for want whereof Felons may escape and Debtors for want of due restraint delay always and defraud oftentimes the Creditor of his just Dues and by means thereof the Law it self made wholly void which intended principally that all Men should by that restraint have been forced to make a speedier satisfaction For remedy whereof be it hereby Enacted A Prison to be built at the charge of the County That according to the said Acts a good strong Prison after the form of Virginia Houses be builded within Eight Months after the date of this Act by the Court at the charge of the County upon Penalty of being fined Five thousand pounds of Tobacco and be answerable for Escapes as aforesaid and the person breaking Prison Breaking of Prison shall be adjudged Felony shall according to the said Act. of the third of November 1647 be adjudged a Felon and that no person under Execution for Debt or imprisoned for Felony shall have the benefit of the Rules Who shall have the benefit of the Rules and all other persons having the benefit of the Rules shall be secured and lie in Prison every night at the Peril of the Sherriff XLIII Dwellers within the Rules of any Prison not to have any benefit thereof AND be it Enacted That if the Sheriff shall permit any person dwelling within the Rules of any Prison that is by Warrant or Order of Law committed to Prison to walk abroad out of Prison Such as dwell within the Rules shall not enjoy the benefit of them though with a Keeper and to have the benefit of the Rules or to lodge in his own House the said Sheriff upon Proof thereof made at the County Court by the Plantiff shall be ordered to pay the Debt as in case of Escapes XLIV Sheriff to be chosen in the Commission FOrasmuch as the Comissioners of the County Courts are by the Laws of this Country answerable for the Levies and Estreatments of each County of which the Sheriff is usually the Collector One of the Commissioners of each County shall be chosen Sheriff there be it therefore Enacted That none but one of the Commissioners of each County shall be Sheriff for that County And further That the Commissioners shall exercise the Office of Sheriff successively as they hold their places in Commission Sheriffs shall hold their Office a whole year and no longer every one a whole year and no longer Provided That every such Commissioner before he be admitted to take his Oath give in good Security for the due Execution of his Office and Performance of the Trust committed to him and then his Oath be administred to him And be it further Enacted That no Under Sheriff shall execute the Office of Under Sheriff in the same County above one Year The Vnder Sheriff Provided always That the Sheriffs of James City who are more immediate Officers than any other to the General Courts and the Publick shall be left to the Governours free Choice And further That if the Governour see cause for the better promoting any of his Majesties special Services it shall be left to his discretion to pass by any Person in any other Commission and to give the Place to those in the Commission he shall think most meet to supply the exigent of the present Occasions but because the Laws as well of England as of this Countrey prohibit the Executing the Office of Sheriff by any Person two years together the Governour is earnestly desired by the Assembly in any of his Elections not to infringe those Laws XLV Sheriffs not making Return VVHereas the Sheriffs often through neglect often for favour to the Debtors omit the serving the Process to them directed and making Returns thereof according to Law by means whereof the Courts are prolonged Justice is delayed and the Parties by their attendance and expences very much endamaged Be it therefore Enacted Sheriffs not making timely Returns fined 1000 l. of Tobacco That every Sheriff failing to make sufficient Return that is That the Writ is executed and the Name of the Bail taken of any Warrant to him directed three days at least before the day of the Return of the Writ in the General Court and two days before the County Courts shall be amerced One thousand Pounds of Tobacco one half to the Plaintiff if he sue for it and the other half to the County Provided That the said Plaintiff prove the delivery of the Warrant to the Sheriff XLVI Sheriffs to take Bail BE it also Enacted Sheriffs shall take sufficient Bail in Arrests That all Sheriffs shall take sufficient Bail of Persons arrested and perform the Award of the Court and if the Sheriffs shall neglect to take sufficient Bail of the Party arrested or otherwise consent to be the cause of his escape then the said Sheriff shall be liable to pay the Award of the Court himself and shall also pay in case the consent to the escape be proved One thousand Pounds of Tobacco one half to the Publick the other half to the Party grieved for his delay in recovering the Debt but if Bail be taken and the Party appear not to answer the Suit then Judgment shall be awarded against the Bail Always provided That the Sheriff or Bail shall if they desire it have an Attachment against the Estate of the Party arrested and not appearing And further That if the Sheriff or Bail shall the next Court after that to which the Arrest was made bring forth the Body of the Party so arrested to answer the Suit then the Sheriff or Bail shall be acquitted for the Judgment passed against them XLVII Non est Inventus BE it also Enacted That if any Sheriff shall return a Non est Inventus upon which an Atachment by a former Act hath been usually granted when perhaps neither the Sheriff nor his Officer have been at the house of the Defendants to the great damage and disparagement of the said Defendant by having his Goods attached Be it therefore Enacted The Method of Proceedings relating to a Non est Inventus That henceforth the Sheriff or his Officer shall declare upon one of their Oaths that he hath been at the house of the Defendants and hath there left a Copy of his Writ before his return of Non est inventus be admitted and if he shall refuse to make such Oath then Order to pass against him according to the Act for Non-Returns but if the Return be proved and allowed in Court then after thrice summoning the Defendant by Proclamation in Court an Attachment shall issue against his Estate returnable the Court following where if the Defendant appear not to replevin the Attachment Judgment shall be granted to the Plaintiff for his Debt being made
for his Majesties happy Inauguration and for the Deliverances of this Country from the too bloody Massacres nor at the times of General Musters or Election of Burgesses Prison-breakers Felons or Persons under suspicion of Fâ—lony or guiâ—ty of a Riot excepted Provided always That it shall and may be lawful for the Sheriff or any other Officer to apprehend and carry to Prison any person or persons for Riots Felony or Suspicion of Felony or escape out of Prison when under Execution upon any day at any place any thing in this Act to the contrary notwithstanding LIX Reward for killing of Wolves WHereas great Complaint is made of the frequent and many Injuries done by Wolves to the Cattle and Hogs of several Inhabitants of this Country It is therefore Enacted The Reward for k lling of Wolves what to be paid by the County for the Encouragment of those that will make it their business to kill and destroy them that they shall be paid by the County in which they are killed for every Woolf destroyed by Pit Trap or otherwise Two hundred pounds of Tobacco Provided he make Proof before the next Commissioner how the Woolf was killed and bring in his head and take from the said Commissioner a Certificate thereof which being produced to the Court when they are proportioning the Levy shall be sufficient to have the said Reward raised upon the County and to be paid to such persons as it is justly due LX. Commissioners to take Security of Sheriffs BE it also Enacted That the Commissioners of every County shall be answerable to the Publick for all Levies laid upon their County by Act of Assembly and for the Sheriffs performance of his place and in regard thereof are hereby Impowered before the admission of any Sheriff into his office The Sheriff shall give security to the County Commissioners for the faithful discharge of his Office to take such Security of him as they shall think fit and sufficient to save themselves harmless for the receiving and discharging all Publick Duties whether Quit-Rents Levies or Officers Fees committed to his Charge or Collection and for the due performance of his Office Provided That no Commissioner shall be lyable but such as were of the Commission when the defect was made LXI Judgment before Commissioners BE it Enacted Acknowledgment of a Debt before Two Commissioners shall be accounted in the nature of a Judgment and Execution shall issue in case of Non-payment That the voluntary Confession and Acknowledgment of a Debt by the Debtor under his Hand and Seal before two Commissioners of which one of the Quorum shall be accounted in Law in the nature of a Judgment the said Commissioners attesting the same under their Hands and so certifying it to the Clerk of the County Court to enter it upon Record upon which Writing so Acknowledged Attested and Recorded Execution shall issue in case the Debt be not paid as if Judgment had been granted for the same in open Court Provided That if no Execution issue within a Year after such acknowledgment then a Scire Facias shall issue before any Writ of Execution shall issue forth LXII Persons removing into the Bay FOR avoiding of Creditors charges and troubles in recovering their Debts by reason of divers Persons removing themselves from the Places where they contracted their Debts into remote Counties Be it Enacted That no Person whatsoever No Person shall remove out of the County where he dwells without setting up his Name on the Church or Chappel door three Sundays with his intent to remove and whither shall remove out of the County where he dwells unless he first set up his Name at the Door of the Parish Church or Chappel where he dwells three Sundays together and in the same express his intent of leaving the County and certifie the Place he is about to remove to and take Certificate thereof from the Minister or Reader of the said Church or Chappel and the Church-wardens of the Parish to the Clerk of the County Court who shall grant him thereupon a Licence to depart Provided always That if the said Person so removing pay not his Debts contracted before his removing according to the tenor of the specialties by which they are due it shall be lawful for any of his Creditors by a Warrant from the Secretaries Office to bring the Debtor personally before the Governour or any of the Council for what value soever the Debt be of and there put in sufficient security for performance of his Obligation according to the tenor thereof in case the day of payment be not past any restriction in any other Act to the contrary notwithstanding and then to take out Execution against his Body or Estate for satisfaction of the said Debt Cattle shall not be removed out of the County without notice first given to Four of the Neighbourhood And be it further Enacted That if any Person or Persons shall before or after Certificate obtained as aforesaid remove or transport any Cattle out of the County he dwelled in without notice given to Four of the nearest Inhabitants who are hereby required to take special notice of the Ear-Mark and Colour of the Cattle to be removed and make a List of them and their Marks and carry the same subscribed by the said Viewers to the Clerk of the County Court to be Recorded he shall upon lawful Conviction forfeit for every Beast transported contrary to the tenor of this Act No Merchant or Mariner shall transport any person out of the Countrey without Certificate One thousand Pounds of Tobacco one half to the Publick and the other half to him that shall make the complaint against the Party so offending And if any Merchant Mariner or any other Person whatsoever shall transport any Person or Persons out of his County without Certificate as aforesaid the said Merchant Mariner or other Person so offending shall be liable to the payment of all the Debts and Engagements of the Party transported being due at the time of his removal LXIII English VVeights and Measures WHereas daily Experience sheweth that much fraud and deceit is practised in this Collony by false Weights and Measures for prevention thereof English Weights and Measures shall be used in this Collony Be it Enacted That no Inhabitant nor Trader hither shall buy or sell or otherwise make use of in Trading any other Weights or Measures than are used and made according to the Statute of in that case provided and for discovery of abuses Be it further Enacted Every County shall be provided with Weights and Measures from England That the Commissioners of every County do provide at the charge of the County sealed Weights of Half hundreds Quarterns Half Quarterns Seven Pounds Four Pounds Two Pounds One Pound Measures of Ell and Yard of Bushel Half Bushel Peck and Gallon of Winchester Measure Gallon Pottle Quart Pint of Wine Measure out of England and
subsist by unless some other Course be speedily taken for Improvement of such other Commodities as the Country will produce and making as many of them as we can into Manufactures and giving Encouragement to all persons of what Ability soever to attempt it which the former Acts for Encouragement to make Staple Commodities have been defective in by only proposing Rewards to great quantities of every Commodity made which whoever goes about must if he fail be ruined or if he make the quantity proposed will have no need of the gratuity which is better to be suited proportionably to the meanest quantity Be it therefore Enacted That the Assembly this present year send into England for a considerable quantity of Flax Seed to be distributed into the several Counties Flax-Seed to be distributed into each County and deliver it to certain persons who may sell it out to several Inhabitants and the produce thereof be paid the Year following with the levy and the Country Stock by that means made good according to the Fifth Act of Assembly 1661 to make their proportions of Flax. And whoever will Spin the Flax and Cause the Yarn to to be Weaved into Cloth of a Yard wide shall for every Yard of Cloth so Woven of Yarn made of Flax grown in the Country Allowance for every Yard of Linnen and Woollen Cloth made of the product of the Country by the publick have Three Pounds of Tobacco And for every Yard of Woollen Cloth made of Yarn here Spun in the Country Five Pounds of Tobacco which upon produce of Certificate from some Justice of Peace in the County that he hath seen the same in Loome and that to his knowledg it was really made in the Country as aforesaid shall upon producing the same to the Governour and Council be paid so much in the publick levy in the same County where they dwell CIX An Act for Mulberry-Trees VVHereas by experience Silk will be the most Profitable Commodity for the Country if well managed And whereas the greatest conducement thereunto required is Provision of Mulberry-Trees Ten Mulberry Trees shall be Planted upon every hundred Acres of Land holden in Fee Be it Enacted and Confirmed by this present Grand Assembly That every Proprietor of Land within the Collony of Virginia shall for every hundred Acres of Land holden in Fee Plant upon the said Land Ten Mulberry-Trees at twelve foot distance each from other and secure them by Weeding and a sufficient Fence from Cattle and Horses c. between this and the last of December 1663 and for every Tree that shall be wanting and untended in manner aforesaid of the said Proportion at the said last of December 1663 The Penalty of delinquency he the said Proprietor that shall be so delinquent shall pay Twenty pounds of Tobacco to the publick Provided that this Act do not extend to Orphans until the Expiration of Five years after their full age and then if deliquent to be liable as aforesaid and no man planting more then his number shall excuse any that hath planted less Provided also that this Act extend not to such Proprietors as are not in actual possession And because his Majesty hath taken particular notice of the great folly and negligence of the Country in omitting the propagation of so Noble and Staple a Commodity It is Enacted That the Grand Jury do strictly inquire into the Breach of this Act and make Presentment thereof that the Offenders may accordingly be punished And be it further Enacted That for the encouragment of all Persons that shall endeavour to make Silk Fifty pound of Tobacco allowed by the Publick for every pound of Wound Silk there shall be allowed in the Publick Levy to any one for every pound of Wound Silk he shall make Fifty pound of Tobacco to be raised in the Publick Levy and paid in the County or Counties where they dwell that make it CX Encouragment to build Vessels FOr Encouragement of building Vessels in this Country and the promoting of Trade Be it Enacted That whoever shall build a Vessel of any burthen decked and fitted to go to Sea Fifty pound of Tobacco per Tun allowed by the Publick for all Vessels built in this Collony shall for every Tun burthen the said Vessel shall contain receive upon proof of her being so built Fifty pound of Tobacco out of the Publick Levy Whereas Collonel Edmund Scarbrough hath to his particular great Charge but to the Infinite good of the Country erected a Salt Work for which he hath received deserved Thanks the last Assembly this Assembly for his greater Encouragment hath thought fit to grant him the use of Money raised this year out of the Two Shillings per hundred in Northampton County Salt-Work with condition that he make repayment of the same to those the Assembly shall allot it the next year in Salt at Two Shillings and Sixpence per Bushel and Soap at And be it further Enacted That after the first of September 1663 no Master of Ship Barque or Vessel or any other person Merchant or Trader shall bring in any Salt into the Country of Northampton under the Penalty of confiscating his Ship Barque or Vessel and goods to the end that he and others may be encouraged in their industrious Endeavours to promote the Good of the Country CXI Tan-Houses to be Erected BE it also Enacted That according to the first Act of Assembly 1660 there be Erected in each County at the Charge of the County one or more Tan-Houses and that they Provide Tanners Curriers and Shoomakers to Tan Curry and make the Hides of the Country into Leather and Shooes and that the persons intrusted with the over sight of the Work-men and the managing the Trade do allow to the Inhabitants of the County for ever dry Hide they bring Prices to be allowed for Hides at the rate of Two pounds of Tobacco per pound and sell their Shooes for Thirty pounds of Tobacco for plain Shooes and Thirty five pounds of Tobacco for Wooden-heels and French-falls of the Six largest Sizes and Twenty pounds of Tobacco a pair for the smallest Shooes Rates for Shooes CXII Two Acres of Corn for each Tythable BE it hereby Enacted That all persons within this Collony shall Plant or Tend for every Tythable person tending a Crop in their Family Two Acres of Corn or Pulse under the Penalty of Five hundred pounds of Tobacco for every Acre neglected as aforsaid to be paid by the Delinquent and to be levied by the Sheriff for the Counties use and the Grand Jury in their several Limits to look strictly after the breach of this Act And for Encouragement for Men to sow English Wheat which may be a Staple Commodity to vent out of the Country Or one Acre of English Wheat It is further Enacted That the sowing of one Acre of Wheat shall excuse the planting of the two Acres of Indian Corn or other Corn
or Pulse as this Act enjoyns CXIII Stray-Horses c. FOr remedy of the great abuse and wrong done in taking up of Stray-Horses Cattel and Boats lost not only in concealing them but in using and imploying them to the hurt and damage of the Owners Be it Enacted by this present Grand Assembly That every person or persons that shall take up and keep any Stray-Horses Cattle or Boat shall cause the said Horses and Cattle with the Mark Stature and Colour and the said Boat Stray Horses Cattle c. shall within a Month after they are taken up be Cried publickly in all the Churches and Chappels of the County What to be done in case the Owner be not found with her Proportion and what was found in her to be cried publickly in all the Churches and Chappels in the County within one Month after the taking them up and in the mean time securely to lay up the said Boat And if no Owner appear upon this Publick Notice given then to publish the same and set it up in Writing at the next County Court where if no Owner appear then it shall be lawful for him to make use of the said Boat until the Owner do appear What to be done in case the Owner be not found who shall allow him for his pains One hundred pounds of Tobacco CXIV Free Trade BE it Enacted That Free-Trade be allowed to all the Inhabitants of this Country to buy and sell at their best advantage Trade permitted with the Indians and that all Acts concerning Ingrossing be from henceforth repealed and made void Provided always But not for Beaver Otter or any other Furs without Commission that no person or persons shall have any Commerce or Trade with any Indians for Beaver Otter or any other Furs except those commissionated by the Governour CXV Exportation of Hides WHereas the Exportation of Hides Wooll and Iron is generally conceived to be much prejudicial to the Common-Wealth and good of this Collony Be it therefore Enacted by the Authority of this present Grand Assembly Hides Wooll and Iron shall not be exported That what person or persons soever shall export out of this Country either Wooll Hides or Iron shall for every of their Offences in so doing pay as followeth viz. for every Hide so exported the Sum of One thousand pounds of Tobacco and for every pound of Iron Ten pounds of Tobacco and for every pound of Wooll Fifty pounds of Tobacco the one half of which said Payments and Forfeitures shall be paid to the Informer and the other half to the Publick CXVI Exportation of Money Pieces of Eight shall pass for Five Shillings Currant BE it hereby Enacted by this Grand Assembly That no false Money shall pass for Currant in this Countrey but pieces of Eight that are good and of Silver shall pass for Five Shillings Currant Money upon Penalty of Twenty Shillings to be paid by the Refusers of them No person shall export above the Sum of Forty Shillings And that none shall export Money out of this Country above the Sum of Forty Shillings If any shall exceed the same Sum to forfeit double thereof CXVII Size of Virginia-Hogsheads IT is Enacted upon the complaint of divers Masters and Merchants of Ships against the incertainty and extraordinary Size of Cask which hath been very much prejudicial to them That a certain Size of all Tobacco Cask of Virginia-Hogsheads shall be as followeth Virginia Hogsheads shall be 43 Inches in length and the heads 26 Inches over viz. Forty Three Inches in length and the head Twenty six Inches wide with the Bouge proportionable and whoever shall make Cask of a greater size shall pay upon proof made to any Court if he be a Freeman otherwise his Master or Mistriss that imploys him Three thousand Pounds of Tobacco the one half to the Informer the other half to the County where the Cask is made And it any Cask shall be made of Timber not seasoned then such Cask to be burnt CXVIII Against private taking away Boats FOrasmuch as divers persons suffer great Damages by private and concealed taking away Boats of Canoos without Licence from the Owners thereof It is Enacted and Confirmed by the Authority aforesaid That the Commissioners or each County Court shall be hereby impowered if required to order and give satisfaction from the party so trespassing to those injured by want of his or their Boat Boats or Canoos Five hundred Pounds of Tobacco Penalty to the Owner and what Damage the Boat sustains CXIX Against Shooting WHereas it is much to be doubted the common Enemy the Indians if opportunity serve will suddenly Invade this Country and bring it to a total Subjection of the same And whereas the only means for discovery of their Plots is by Alarums of which no certainty can be had in respect of the frequent Shooting of Guns in Drinkings whereby they proclaim and justifie that beastly Vice Be it therefore Enacted Shooting off Guns at Drinkings or Marriages forbidden That what Person or Persons soever shall after publication hereof Shoot any Guns at Drinkings or Marriages Burials excepted such person or persons so offending shall forfeit Two hundred Pounds of Tobacco to the publick to be levied by distress in Case of refusal CXX Supply of Ammunition BE it Enacted That a provident Supply be made of Guns Powder and Shot to our own people and this strictly to be looked to by the Officers of the Militia Every person able to bear Arms shall keep in his House a Gun 2 l. of Powder and 8 l. of Shot viz. That every man able to bear Arms have in his House a fixed Gun two pounds of Powder and eight pounds of Shot at least which are to be provided by every man for his Family before the last of March next And whosoever shall fail in making such provision to be fined Fifty pounds of Tobacco to be laid out by the County Courts for a Common Stock of Ammunition for the County the Enquiry referred to the Grand Jury CXXI Against Exacting Millers WHereas by a Second Act of a Grand Assembly Anno 1645 It was Ordered and Established for the Reforming the great abuse of Millers in Exacting Excessive and Illegal Toll That no Person or Persons using or occupying any Mill should take or receive for the Grinding of any Grain or exchanging it for Meal above the sixth part thereof for Toll which Act hath not taken such Effect as was intended thereby in respect as is conceived neither Penalty was imposed therein upon the Offendor Millers shall receive in Corn and deliver it out by Statute Weights and Scales nor the Execution thereof was given in direction to any particular Officer It is therefore thought fit to enlarge the said Act and by Vertue thereof to require all Millers and Owners of Mills to provide by the Five and twentieth day of June next come Twelve-month Stilhards or Statute Weights and
for prevention of the injuries done to the Indians by the said English Mens Hogs and Cattle shall send such number of hands as they shall be appointed by Commissioners to be authorized by the Governor to help the Indians to fence in a Corn Field proportionable to the number of Persons the said Indian Town doth consist of and that after such Fence once made sufficiently according to the Act of the Assembly if the Indians keep it not in repair what damages soever they shall afterwards sustain shall be at the hazard and sole loss of them the said Indians And be it further Enacted That for the better relief of the poor Indians whom the seating of the English hath forced from their wonted conveniences of Oystering Fishing and Gathering Tuchahoe Cortenions and other wild Fruits by which they were wonted for a great part of the year to subsist Be it therefore Enacted Granted and Confirmed That the said Indians Poor Indians may be licenced to Fish for Oysters and gather Wild Fruits Provided they come not Armed upon address made to Two of the Justices of that County they desiring to Oyster or Gather Wild Fruits in as aforesaid they the said Justices shall grant a Licence to the said Indians to Oyster or gather Wild Fruits as aforesaid Provided the said Justices limit the time the Indians are to stay and the Indians bring not with them any Guns or Ammunitions or other offensive Weapons but only such Tooles or Implements as serve for the end of their coming And if any English Man shall presume to take from the Indians so coming in any of their Goods or shall Kill Wound or Maim any Indian he shall suffer as if he had done the same to an English Man and be Fined for his contempt No person whatever shall buy or receive any Commodity of the Indians without licence And because many under-hand and unlicensed Traders do truck and trade with the Indians contrary to the Act of Assembly and to the great prejudice of all such as legally procure Commissions from the Governour under pretence that the things truckâ— for be given them by the Indians Be it therefore Enacted That what persons soever shall upon any pretence whatsoever buy take or receive any thing or commodity from an Indian shall upon proof thereof at any Court be ordered to pay treble the value of the thing received to the person injured thereby Differences arising in Trade with the Indians shall be referred to the Governour And because sometimes differences may arise between the Indians and those they trade with which if we should proceed by way of Arrest might tend much to the disturbance of the peace of the Countrey Be it therefore Enacted That any Commissionated Trader having a Difference with any Indian King or other shall repair to the Governour for him or such other as he shall appoint to determine the matter in controversie between them And because the imprisonment of an Indian may bring a War upon the Countrey No person shall Imprison any Indian King without Warrant from the Governour and two of the Council and consequently the making of Peace and War being wrested out of those hands it is by his Majesties Commission intrusted into the power of every Individual in the Countrey Be it therefore Enacted That no person of what quality soever presume to imprison any Indian King without a special Warrant from the Governour and two of the Council as they will answer the contrary at their uttermost peril And because this Act cannot be put in Execution without Commissioners to view the present Bounds of the English and Indians Be it therefore Enacted That the Honourable Governour be desired and authorized to appoint uninteressed persons Commissioners Bounds betwixt the English and the Indians shall be fixe And Commissioners thereto appointed shall view the same annually to go with parties of Horse to the several Indian Towns and there to proclaim these and the following Articles of Peace between us and the Indians to settle the Bounds between us and to appoint others of the most integrity to fix the time and assess the Work to help the Indians fence and all other things by this Act enjoyned And for prevention of future Intrenchments beyond the Bounds once fixed Be it further Enacted That the Governour be desired and authorized to commissionate certain Persons annually to visit the same and to take care that no intrenchment be henceforth made upon the Indians And because an interval between the Indians cannot in the present nearness of seating be so laid out as may wholly secure the English from the Indians coming in and pilfering things from them if a free entercourse be admitted Be it therefore Enacted for the prevention thereof and to the end that the Nations may be distinguished and so if they are taken in the manner of doing any injuries the sufferers know to what Kings to address themselves for remedy That Badges viz. Silver Plates and Copper Plates with the Name of the Town graven upon them be given to all adjacent Kings within our protection Indians shall not come within the bounds of the English without Badges and that all the said Kings give it in charge to their People that none of them presume upon what occasion soever to come within the English Bounds without those Badges upon them or one with a Badge in their company and if any damage or injury be done to any English Man by them or any of them that then the King or Great Man of the Place the Badges denote shall be answerable for it and if any shall notwithstanding this Injunction be found in our Bounds without any such Badge or not accompanied with one that shall have them that then it shall be lawful for any English Man to carry him or them before any Justice of the Peace who shall keep him or them in safe custody until their King or Great Man ransom them by paying One hundred Arms length of Roranoake for each Indian so taken to be disposed of by the Publick Provided always That if any English Man shall be found or proved to have taken away any of their Badges thereby to make the Indians guilty of breaking this Law That then the person so offending shall be set in the Pillory two hours on the Court-day in the County where they have committed the Offence with their Fault in great Letters written upon them and to be fined Five thousand Pounds of Tobacco to the use of the Publick and in case of disability lie Six Months in Prison without Bail or Main-prize And be it further Enacted That all Indian Kings Tributary to the English Indian Kings who are tributary to the English shall acquaint them of any Invasion they know of intended by any strange Indians upon this Collony when they have the least notice of any March by any strange Indians near our Quarters shall repair themselves or at least send
Fourteenth Year of our Sovereign Lord King CHARLES II. I. An Act concerning Sheriffs making false Returns WHereas the Sheriffs of the several respective Counties do often contrary to act of Assembly accept of the promise of the Party Arrested instead of taking Bail which by Act he is injoyned to do and yet to save himself Harmless doth make false Returns viz. That the Writ could not be Executed whereby the Creditor is delayed in the Suit or Non est inventus whereby Attachment Issues to the damage of the Defendant Be it therefore Enacted by this present Grand Assembly and the Authority thereof The Penalty of Sheriffs making false Returns That every Sheriff that shall be proved to have executed the Writ and yet make such false Return shall be fined Three thousand pounds of Tobacco one half to the Publick and the other half to the Party damaged or delayed as aforesaid II. An Act concerning Servants Owners of Goods WHereas many Servants imported into this Countrey being ignorant of the Customs here do sometimes bring in with them a small Parcel of Goods or have them sent afterwards by their Friends which usually either the party that Imports them or he to whom they are Assigned as Servants converted to their own use Be it therefore Enacted by this present Grand Assembly and the Authority thereof Servants Goods are to be disposed of for their own use That all Servants bringing Goods in with them not being their Own wearing Apparrel or having them Consigned to them during the time of their Service shall have the propriety in their own Goods and by permission of their Masters dispose of the same for their own future advantage III. An Act against Persons that refuse to have their Children Baptized WHereas many Scismatical Persons either out of aversness to the Orthodox Established Religion or out of the new-fangled conceits of their own Heretical inventions refuse to have their Children Baptized Be it therefore Enacted by this present Grand Assembly and the Authority thereof That all and every person and persons that in contempt of the Divine Sacrament of Baptism The Penalty of refusing to have Children Baptized shall refuse when he or they may carry their Children to a Lawful Minister in that County where he or they dwell to have them Baptized shall be amerced Two thousand pounds of Tobacco half to the Parish half to the Informer IV. An Act declaring how Judgment shall be passed upon a Non est Inventus Returned WHereas by the present Law when a Non est Inventus is Returned Attachment is granted Returnable the next Court and Judgment upon the Attachment the Court following yet if the Arrest be upon an Action of the Case upon Account prescribes no way of making proof of the Debt the Act for Accounts referring them to the Oath of the Debtor Proceedings in case of a Non est Inventus Be it therefore Enacted by the Authority aforesaid That henceforth in all such Cases the Creditors Oath shall be taken to his Account and Judgment pass for the same he deposeth to be due to him and in like manner where Bail is taken and the Defendant appears not upon proof made by the Oath of the Creditor as aforesaid Judgment shall pass against the Bail for the Debt V. An Act for Punishment of Scandalous Persons VVHereas many Babling Women slander and scandalize their Neighbours Babling and Slanderous Women to be punished by Ducking for which their poor Husbands are often involved in chargeable and vexatious Suits and cast in great Damages Be it therefore Enacted by the Authority aforesaid That in Actions of Slander occasioned by the Wife after Judgment passed for the Damages the Woman shall be punished by Ducking and if the Slander be so enormous as to be adjudged at greater Damages then Five hundred pounds of Tobacco then the Woman to suffer a Ducking for each Five hundred pounds of Tobacco adjudged against the Husband if he refuse to pay the Tobacco VI. An Act concerning VVomen-Servants got with Child by their Masters VVHereas by an Act of Assembly made the 23 of March 1661 every Woman-Servant having a Bastard is to repair the trouble and charges sustained by the Master to serve two years after her time by Indenture is expired and late experience shewing that some dissolute Masters having themselves gotten their Women-Servants with Child Women-Servants gotten with Child by their Masters how to be dealt withal yet have shamelesly claimed the benefit of their Service and on the other side if a Woman got with Child by her Master should be freed from that Service it might probably induce such loose persons to lay all their Bastards to their Masters It is therefore thought fit and acccordingly Enacted That from henceforward each Woman-Servant got with Child by her Master shall after her time by Indenture or Custom is expired be by the Church-Wardens of the Parish where she lived when she was brought to Bed of such Bastard sold for two years and the Tobacco be imployed by the Vestry for the use of the Parish VII An Act compelling VVitnesses Subpoenaed to deliver their Evidence upon Oath VVHereas the Law of the Countrey already made prescribes no way of compelling Witnesses to give in their Evidence upon Oath Refusal of giving Evidence punishable by Imprisonment Be it therefore Enacted That henceforth all Witnesses Subpoenaed to give Evidence in any cause if they refuse to declare it upon Oath shall be committed to Prison and there remain until they declare their Evidence upon Oath VIII An Act concerning Servants being the reputed Father of Bastard-Children VVHereas by the present Law of this Countrey the punishment of a reputed Father of a Bastard-Child is the keeping of the Child and saving the Parish harmless Reputed Fathers of Bastard-Children if Servants how to be dealt withal and if it should happen the reputed Father to be a Servant who can no ways accomplish the penalty of that act Be it therefore Enacted by the Authority aforesaid That where any Bastard-Child is gotten by a Servant the Parish shall take care to keep the Child during the time the reputed Father hath to serve by Indenture or Custom and that after the said reputed Father is Free he shall make Satisfaction to the Parish IX An Act enjoyning the recording all Conveyances made in England in the Secretaries Office VVHereas daily Experience sheweth that many Persons Inhabitants of this Countrey do privily make over their Estates to others in England and by that means defraud all their Creditors in this Countrey of their just Debts Be it therefore Enacted That all Conveyances of any Estates in this Countrey made over to any person in England or Authentique Copies All Conveyances shall be recorded in the Secretaries Office shall be sent over to this Countrey the next Shipping after they are made and be here manifested in the General-Court and recorded in the Secretaries Office or else to
be held for fraudulent and of no force to the barring the Claim of any Creditor in this Countrey X. An Act for Defendants in Appeals to give in Security to answer the Appeal WHereas by the Laws of this Countrey all Appelants from any Court are bound to Prosecute their Appeals but the Defendant left at liberty without Security for his Appearance All Defendants in Appeals shall give Bail for their Appearance Be it therefore Enacted That henceforth all Defendants in Appeals shall give Bail for their Appearance as in case of Arrests and the Sheriff and Bail to be responsible for Non-appearance as in case of Arrests XI An Act concerning Servants brought in under Sixteen years of age WHereas by act of Assembly the several Courts are appointed Judges of the age of Servants coming in without Indentures Servants brought in without Indentures what to be done in that Case but no time limited after their arrival for the bringing of them to those Courts Be it therefore Enacted That every Master buying or bringing in a Servant without Indentures shall be and hereby is enjoyned to carry him to the Court within four Months after he hath bought him when the best Judgment may be given of his Age or else the Servant shall not serve any longer than those of Sixteen years are to serve by the Custom of the Countrey XII An Act for Mulatto Children being bound or free according to Condition of the Mother WHereas some doubts have arisen whether Children got by an English Man upon a Negro Woman should be Slaves or Free Be it therefore Enacted and Declared by this present Grand Assembly That all Children born in this Countrey Fornication with a Negro-Man or Woman punishable shall be held Bond or Free according to the condition of the Mother and that if any Christian shall commit Fornication with a Negro Man or Woman he or she so offending shall pay double the Fines imposed on Fornication by the former Act. XIII An Act declaring VVomen-Servants Tythable WHereas divers persons purchase Women-Servants to work in the Ground that thereby they may avoid the payment of Levies Be it therefore Enacted Woman-Servants working in the Ground Tythable That all Women-Servants whose common Imployment is working in the Ground shall be reputed Tythable and Levies paid for them accordingly and that every Master of a Family not giving an accompt of such in his List of Tythables shall be fined as for other Concealments XIV An Act ascertaining Damages upon Bills protested Vide Act 18th Anno 1666. XV. An Act impowering Counties or Parishes to make By-Laws WHereas some particular Inconveniences may happen in a respective County or Parish which cannot well be concluded or remedied by a General Law It is therefore Enacted By-Laws to be obeyed by the Inhabitants of the said Counties That the respective Counties and the several Parishes in those Counties shall have and hereby are impowered to have liberty to make By-Laws for themselves which Laws so constituted and approved by the Major part of the said Counties or Parishes shall be binding upon them as fully as any General Act. XV. An Act for building a Town Vide Act 5th 1680. XVI An Act for the Imposition of 2 s. per Hogshead WHereas the Kings most Excellent Majesty hath been graciously pleased by his Instructions to the Right Honourable Sir William Berkley bearing date the 12th day of September 1662 Two Shillings to be paid for every Hogshead of Tobacco Exported Vpon default to be confiscated to confirm the Imposition of Two Shillings imposed by a former Act of Assembly upon every Hogshead of Tobacco exported out of this Collony with the Limitations offered to his Majesty by his Majesties Council of Trade for the Plantations Be it therefore Enacted by this present Grand Assembly That the Limitations of the said Order of his Majesties Council for Plantations be strictly observed And that no Merchant Master Mariner or any person or persons that shall receive and Ship on board any Ship Vessel Barque Sloop or Boat any Tobacco before the said Imposition of Two Shillings per Hogshead be duly paid in Moneys or in the value thereof in Goods or Merchandizes unto the Collector or Collectors appointed by the Right Honourable the Governour and due Certificate or Cocquet from him or them received And in Case any Master shall receive any Tobaccoes on board without such Cocquets or Certificates first had from the said Collector or Collectors all such goods to be Confiscated to the use of the Publick XVII An Act concerning Castle Duties WHereas the Act of Assembly enjoyning each Master of a Family to provide a certain quantity of Powder and Shot for each Tythable in his Family is rendred altogether ineffectual unless a Means be prescribed how such Powder should be procured Be it Enacted and Ordained by this present Grand Assembly That for the better Supply of the Countrey All Masters of Ships and Vessels may pay their Fort Duties in kind viz. Half a Pound of Merchantable Musquet Powder and Three Pound of Leaden Shot for each Tun their Ship or Vessel is of Burthen to the Captain of the Fort. The Masters of Ships may pay their Fort Duties in Musquet Powder and Shot And that the said Captain of the Fort shall be paid for what the said Powder and Shot shall amount to out of the Impost of 2 s. per Hogshead in Bills of Exchange at the rate he received it from the Masters viz. at One Shilling per Pound Powder and Two Pence per Pound Shot And it is further Enacted That if any of the Masters of Ships or other Vessels shall not pay their respective Fort Duties of Half a Pound of Powder and Three Pound of Shot and Six Pence per Poll all of them in their very kinds that then the said Masters shall pay the same to the said Captain of the Fort or in his Absence to his Attorney or Attorneys in Money or good Bills of Exchange any other Act to the contrary notwithstanding XVIII An Act Imposing a Tax upon Horses Repealed by the Second Act of Assembly Anno 1665. XIX An Act for Incouragement to Build Vessels Repealed by Act 15. 1666. XX. An Act for Handy-craft-men to pay Levies VVHereas the necessity of the Countrey requires the laying upon it extraordinary Taxes at present Handy-crafts-men shall pay Levies Be it therefore Enacted That the former Act exempting Trades-men and Handy-crafts-men from paying Levies be suspended for Five years and they to pay as formerly XXI An Act concerning Hides VVHereas the Act restraining the Exportation of Hides lays the Penalty only upon the Buyer and therefore produced not the Effect intended thereby which was the supply of the Countrey with Leather Be it therefore Enacted That whosoever shall sell or otherwise dispose of any Hides contrary to the intent of the â—ormer Act Such as sell Hides for Exportation fined 1000 l. of Tobacco for every Hide so sold
shall be Fined for every Hide so by him sold or oâ—herwise disposed of to be exported One Thousand Pounds of Tâ—bâ—â—co Provided 〈◊〉 Sale may be made of Hides to any person living in the Countrey the Clause in a former Act prohibiting the same to be sold in the Country to the contrary notwithstanding At a Grand Assembly held at JAMES CITY September 10th 1663 and in the Fifteenth Year of our Sovereign Lord King CHARLES II. I. An Act probibiting the unlawful Assembling of Quakers WHereas it is evident of late times that certain persons under the names of Quakers and other names of separation have taken up and maintained sundry dangerous Opinions and â—enets And whereas the said persons under pretence of Religious Worship do often Assemble themselves in great numbers in several parts of this Countrey to the great indangering its publick peace and safety and to the terror of the People by maintaining a secret and strict Correspondency amongst themselves and in the mean time separating themselves from the rest of his Majesties good and loyal Subjects and from the Publick Congregations and places of Divine Worship and Service for redressing whereof and better preventing the many Mischiefs and Dangers that may and do arise by such dangerous Tenets and unlawful Assemblies Be it Enacted by this present Grand Assembly and the Authority thereof That if any person or persons commonly called Quakers or any other Separatist whatsoever in this Collony shall at any time after the Publishing this Act in the several respective Counties depart from the place of their several Habitations and Assemble themselves to the number of Five or more Quakers â—y other Separatists Assembling to the number of five under a pretence of Religious Worship how to be punished of the age of Sixteen years or upwards at any one time in any one place under a pretence of joyning in a Religious Worship not Authorized of England nor of this Countrey That then in all and every such Case and Cases the Party so Offending being thereof Lawfully Convicted by the Verdict of Twelve Men or by his own Confession or by notorious Evidence of the Fact shall for the first Offence each Person forfeit and pay Two hundred pounds of Tobacco and if any such person or persons being once convicted shall again Offend therein and shall in form aforesaid be thereof lawfully Convicted shall for the Second Offence forfeit and pay Five hundred pounds of Tobacco to be levied by Distress or Sale of the Goods of the Party so convicted by Warrant from any one Justice of the Peace before whom they shall be so convicted rendring the Overplus to the Owners if any be and for want of such distress or for want of Ability of any Person amongst them to pay the said Fine or Fines then it shall be lawful to levy and recover the same from the rest of the Separatists or Quakers or any one of them then present that are of greater Abilities to pay the said Fine or Fines And if any person after he or she in form aforesaid Such persons being convicted the Third time shall be banished this Collony hath been twice convicted of any the said Offences shall Offend therein the third time and thereof lawfully convicted that then every such person so Offending and Convict as aforesaid shall for his or her third Offence be Banished this Collony of Virginia to the place the Governour and Council shall appoint And be it further Enacted by the Power and Authority aforesaid That each Master of Ship or Vessel that shall import or bring in any Quakers into this Collony to reside after the first day of July next unless by vertue of an Act of Parliament made in England the Nineteenth day of May in the Fourteenth year of the Reign of our Sovereign Lord the King shall be fined Five thousand pounds of Tobacco to be levied by Distress and Sale of the Masters Goods by Warrant from any Justice of the Peace in the County where any such person or persons shall arrive the same being proved by sufficient Evidence and the said Master shall be further enjoyned to carry him or them out of the Countrey again when his Ship returns and to take especial Care to secure him her or them so brought in as aforesaid from spreading any seditious Tenets whilst he she or they remain in the Countrey And be it further Enacted Inhabitants that shall entertain Preaching Quakers to be fined That any person or persons Inhabitants of this Countrey that shall entertain any Quakers in or near their Houses to teach or preach shall likewise be fined Five thousand pounds of Tobacco for each time they do so entertain them to be levied by Distress and Sale of the persons Goods by Order from the Justices of the Peace in the next County Court held for that County where the Fact was committed before whom the said Fact shall be by Evidence proved And be it further Enacted for prevention of Neglects in the due Execution of this Act by any Magistrate or Magistrates Officer or Officers of this Collony that in case any Justice of the Peace or any other Officer shall neglect the performance of their Duty in prosecuting this Act or shall directly or indirectly connive at any Breaches thereof he or they for every such Offence shall be fined Two thousand Pounds of Tobacco to be levied by Distress and Sale of the Gooods of the person so offending he or they being thereof lawfully convicted by the Virdict of Twelve men by his own confession or evidence of Fact Justices of Peace within the limits of their Commission to hear determine Offences of this kind and to grant their Warrants for levying of Fines And be it further Enacted by the Authority aforesaid That all the Justices the Peace in their several Counties shall be hereafter impowred to enquire hear and determine all and every the Offences aforesaid within the limits of their Commission and to give Warrant for the levying and distressing the Fines upon the Goods of the persons offending all which said Fines mentioned in this Act shall be disposed of to the use and uses purpose and purposes following viz The Two hundred and Five hundred Pounds of Tobacco imposed on the Quakers and other Separatists for unlawful Assembling shall be paid half to the Informer half to the use of the Parish where the Fact was committed that the Five thousand Pounds of Tobacco imposed on each Master that shall bring in any Quaker Levies and Fines for unlawful Assemblies how to be disposed of shall be paid half to the Informer half to the use of the Parishes in the County where the person or persons do arrive that the Five thousand pounds of Tobacco imposed upon every Inhabitant that shall entertain as aforesaid in or near his House any Quaker shall be paid half to the Informer half to the Parishes in the County where he lives for Pious uses Provided always
obtain Credit here and contract several Engagements notwithstanding which Engagements past for valuable Considerations it often happens that the whole Estate is by pretended Accounts out of England Debts contracted in Virginia shall be first satisfied and Forreign parts taken away and the Countrey Creditors deprived by that means of their just Dues which this present Grand Assembly taking into their serious consideration Have therefore Enacted That in such Cases all Courts shall give a priority in Judgments for Debts contracted in the Countrey if the Claim be made within Twelve Months before which time no Forreign Debt shall be Pleadable unless there be Effects remaining after the Countrey Debts are paid But this Assembly intending hereby but only the prevention of frauds not the prejudice of any just Creditor that hath bonâ fide adventured his Goods into this Countrey hath therefore further Enacted That if any Factor coming out of England or any other of his Majesties Plantations shall within two Months after his Arrival make Entry in any Court of Record of the name of the Person adventuring by him and the value of the Goods adventured every such Adventurer shall if the Factor die have equal Pleading with the Inhabitants of this Countrey But in case no such Entry be made all Goods imported shall be taken to be the proper Estate of the Possessor And to the end all Merchants and other Persons concerned may have notice hereof It is further Enacted That this Act shall not be in force until the first of March 1665. II. An Act for Frontiers to be seated with Four able Hands WHereas Experience hath evidenced that the weakness of the Frontier Plantations hath animated the Indians to commit several horrid Murders This Grand Assembly endeavouring as much as may be the prevention thereof for the future have Enacted Plantations on the Frontiers to be strengthened with Four able Men well armed and by these presents do Enact That no person shall hereafter seat above the Plantations already seated but with Four able Hands well Armed at his first seating down Provided That such Persons that have already patented Land in any remote Parts may have Seven years granted them to seat and strengthen each particular Plantation with the aforesaid number of Four Men or else desert their Land III. An Act for Liberty to Plant. VVHereas many Endeavours have been used to induce the Province of Mary-Land to comply with this Government in the Endeavours of lessening the Quantity and advancing the Value of Tobacco which could it have been effected had undoubtedly much augmented the Happiness and Prosperity of both Countries but since the Government of Mary-Land have after so many Treaties and frustrated Expectations still continued their aversness Acts restraining Planting Repealed This Grand Assembly not thinking fit to lay a restriction upon this Government while they have so great a liberty have therefore repealed and anulled and do by these Presents repeal and anull all Acts or Proclamations whatsoever any way restraining the Inhabitants of this Countrey from making their utmost benefit of their Labour the ensuing year IV. An Act for the proportioning all Actions to the Forenoon and Afternoon WHereas the dispatch of business to the General Courts is very much retarded by the liberty granted to all persons Arrested to the said Courts to appear at any time within the day assigned in the Writ by the Plantiff by which means most Causes are referred to the Afternoon and that time being insufficient to hear and determine the said Causes the Court is thereby necessitated to put Business out of Course by referring them to the next Morning For prevention of which Inconveniences this Grand Assembly have thought fit to Enact and it is by the Authority thereof Enacted The time for Issuing out of Writs regulated That all Writs that shall for the future issue out of the Secretaries Office returnable to the General Court shall be divided according to the respective days into Ten for the Forenoon and Ten for the Afternoon and if the Plantiff shall at that time fail in appearing to prosesecute a Non-suit shall be granted against him and Judgment against the Defendant or Bail or Sheriff in case the Defendant fail of his Attendance to Answer V. An Act concerning the regulating the Secretaries-Office WHereas it is evident that in all Countreys the well and ill keeping of the Records is of the highest Consequence as being the only means to preserve the Rights and Properties of all the Inhabitants of the same and since it appears that there hath been a great Neglect in keeping the Records in this Countrey For remedy whereof for the future the Grand Assembly at the instance of the present Secretary Thomas Ludwel Esq have thought fit to Enact and be it by the Authority thereof Enacted That Captain Robert Ellison The Records to be carefully Stated Mr. Walter Chiles and the Clerk of the Assembly be appointed by the House to examine and state the Records as they now are and that for the future as soon as there is a place convenient to receive them No person may be permitted to view them without publick Order except only the Clerks of the Office or whom else the Secretary shall appoint no Person may have a view of them unless upon publick Order but the Clerks of the Office or whom else the Secretary shall appoint it being impossible to keep the Records certain when they are prostituted to the view of every one that will look into them who may as their interest leads rend out what may make against them Provided That any Person having occasion may be with the Clerk when he makes the Search for which Search there shall be paid to the Clerk for his Fee One Shilling or Ten pounds of Tobacco besides paying for the Copy of the thing searched for The Clerks Fee for searching the Records And it is further Enacted That but half that Fee shall be paid to the Clerk for searching the County Court Records VI. An Act for conveneing of the People upon the Summons of the Burgesses to adjourn Assemblies VVHereas the principal end of the Convention of Assemblies is the making Provisions for the peoples Safety and redress of the Grievances which being usually made known to the Burgesses of the respective Counties at the place and time of their Elections which upon Adjournment of Alsemblies is not done Notice to be given to the people by Proclamation when the Assemblies are to be adjourned by reason the Sheriff does not make publication of their Summons It is Enacted That for Convention of the Burgesses at this or future Assemblies adjourned timely notice may be given to the people by publication in the Parish Churches of the day appointed by the Sheriff of their meeting at the usual places of Election to present their Grievances to the Burgesses VII An Act concerning VVidows Thirds WHereas some doubts have arisen about the proportioning and
assigning the Thirds of the Estates of persons Intestate to their Widdow All Estates of persons Intestated to be divided into Thirds and the Widow to have her Thirds and choice after Division It is for Explanation thereof Enacted by the Grand Assembly and the Authority thereof That the Estates of all Persons Intestate where the Will is doubtful whether personal or real viz. Land cleared or Wood Land and Housing may be according to the quantity or quality of the said Land and Housing divided equally into Thirds and the Widow to have her Thirds and choice after the Division VIII An Act Repealing the Act concerning Rumme WHereas there was by a former Act of Assembly made at James City March 20th 1661 The Act concerning Rumme and Paveal Sugars Repealed an Imposition laid upon Rumme and Paveal Sugars the House upon Consideration of the difficulties of collecting the said Impost and the defining Paveaâ— Sugars and principally the Obstructions it may bring to the Trade of the Countrey have thought fit to Enact That the said Act be totally repealed IX An Act concerning Arrests in Court times VVHereas divers persons repairing to James City in the time of Quarter Courts and Assemblies some about service of the Publick some to give Evidences No Arrests shall be served at James City during the General Assembly nor five days before and after except upon persons dwelling in James City County others to their other occasions which by the malice of some persons taking them at an advantage are arrested to a present Answer for fear whereof divers persons do absent themselves to the great prejudice of the Publick Affairs and the Obstruction of Justice It is therefore Ordered That no Arrests Five days before the General Courts or Assemblies or Five days after the General Courts or Assemblies be served upon any person at James City except he be an Inhabitant of James City-County At a Grand Assembly held at James City October the 20th Anno 1665. I. An Act Impowering a Justice of the Peace to grant Attachments WHereas it hath been scrupled whether a particular Justice of the Peace might in any case issue an Attachment this Assembly have thought fit to declare That in case of suspicion of any persons intentions to remove out of the County where he dwells either to conceal himself in the Countrey or with-draw himself out of the Countrey whereby the ordinary proceedings at Law cannot be had against him In what case one Justice of Peace may may grant Attachments It is and may be lawful for any Justice of the Peace to issue out an Attatchment against so much of the Estate of the person so suspected to remove as by the Claim made shall in his judgment appear due to the Creditor replievable by security given or appearance at the next Court Provided That the said Justice take sufficient Security of him that desires the Attachment to pay the Damages the Court shall award to the Defendant in case the Plantiff be cast in the Suit II. An Act for Repealing of the Act for defraying the Incouragement for killing VVoolves by a Tax upon Horses VVHereas the Act for Levying the Incouragement of killing of Woolves upon Horses The Act for Levying Money on Horses for encouraging the killing of Woolves repealed by reason of the great inequality thereof imposes too great a burthen upon those Frontier Counties which have most Woolves killed and fewest Horses to bear the Charge It is therefore Enacted by this present Grand Assembly and the Authority thereof That that Act shall be and hereby is repealed and the former Law for paying the Incouragement per Poll be revived and continued III. An Act prohibiting the Sale of Arms to the Indians VVHereas there was formerly a Law in force prohibiting the Sale of Arms Ammunition or Guns to the Indians which upon consideration of the said Indians being furnished by the Dutch was omitted It being then thought impolitick to debar our selves from so great an advantage as might accrue to us by the Indians Trade when we could not prevent the supply yet since those envious Neighbours are now by his Majesties Justice and Prudence removed from us and the Trade now likely to be in our hands and none to furnish them besides our own Nation which in these times of eminent Danger hath scarce ability to furnish our own wants It is therefore Enacted by this Grand Assembly and the Authority thereof That the Sale of Arms Guns Powder and Shot Any person selling Ammunition to Indians for the first Offence shall be fined 10000 l. of Tobacco and for the second be prosecuted as a Felon be wholy prohibited and that whosoever contrary to the intent of this Act shall by himself or any other sell or barter Powder Shot Guns or Ammunition to any Indâ—an shall be fined Ten thousand Pounds of Tobacco or suffer Two years Imprisonment without Bail or Mainprize for the first Offence and for the second to be proceeded against as Felons IV. An Additional Act for better restraining the Exportation of Hides Repealed by 12 Act Anno 1680. Vide. V. An Act concerning the intent of some former Penalties VVHereas certain doubts have arisen in giving Judgment upon a Penal Law as stealing of Hoggs taking away of Boats and the like where several persons may be Actors in committing the same Offences viz. whether the Penalties imposed are to be levied upon all the Actors in general Where several are Actors in the same Crime every one to be fined and the payment of the Penalty specified in the Act by any one should acquit the rest or else Judgment pass for the entire Sum against every particular and individual Offender Be it Enacted for the better deterring people from committing such Offences That in all such Cases every particular Offender may be singly prosecuted and have Judgment passed against him for the whole Fine And because the Laws have been silent in prescribing any way to punish Servants guilty of the Breaches of such Acts where Freemen are to pay a Fine of which they are during their Service wholly uncapable and might be encouraged to attempt it should their punishment be respited until their time of Service is expired Be it therefore Enacted Servants that are Offenders not being capable of paying a Fine are to receive Corporal Punishment That in all Cases where a Free-man is Punishable by Fine a Servant shall receive Corporal Punishment viz. For every Five hundred pounds of Tobacco Twenty Lashes and so many such several Punishments as are Five hundred Pounds of Tobacco included in the Fine unless their Master or other Acquaintance will Redeem them by making Payment And it is further Enacted That if any Person shall by procurement of the Servant upon promise and agreement for future Service pay the Fine and Release him from Punishment such Agreement made shall notwithstanding the Coverture bind such Servant to performance after his time by Indenture
pounds of Tobacco and for exceeding the Fee Two hundred pounds of Tobacco for every Hundred Acres half to the Party injured and the other half to the Informer to be recovered by Action of Debt in any Court of Judicature in Virginia But if the Surveyor go further from home then he can return in a day then such Satisfaction to be allowed him as by the former Act is allowed VI. An Act repealing the Act of Encouragement for Killing of VVoolves VVHereas in some Frontier Counties the number of Woolves killed and brought in by Indians though from never so remote places hath very much encreased the Taxes of the said Counties when no benefit hath accrued the Heads of the said Woolves being purchased by some Inhabitants there for Lucre of Encouragement given by Act to the insupportable burthen of the people Be it Enacted by this present Grand Assembly and the Authority thereof County Courts shall make By-Laws for rewarding the Killing of Woolves That the allowance for Woolves killed by Indians and the injury of the persons and places by whom and when they are killed be wholly left to the County Courts by their By-Laws to take care and provide for as shall be found most requisite for the conveniency and occasions of each County Notwithstanding the Governour and Council have assented to this at the desire of the Burgesses are of Opinion that this Act will be by the chief desire thereof quickly repealed VII An Act concerning the Salt-VVork at Accomack VVHereas the County of Northampton hath shewed That by a former Act of Assembly the importation of Salt into that County was prohibited for the greater Encouragment of Coll. Edmund Scarburgh Salt permitted to be again imported and sold in Northampton County who had erected a Salt-work at Accomack but he not furnishing the wants of the People in that County of Northampton according to expectation and the Law restraining their Relief from other places Be it therefore Enacted by this present Grand Assembly and the Authority thereof That the said Act for so much as relates to that County of Northampton be henceforth repealed and Liberty and Licence granted and given to any person to import and sell Salt there as freely as before that Act of restraint he might have done Collonel Scarburgh himself having given his full assent to this Repeal VIII An Act concerning Indians repealed by the 5th Act Anno 1671. IX An Act for Supply of Ammunition Each County impowered to make By-Laws for the provision of necessary Ammunition at the County Charge VVHereas there is a general Complaint of the want of Ammunition for defence of the Countrey in these times of eminent Danger It is Enacted by this Grand Assembly and the Authority thereof That each County shall by their By-Laws be impowered to make such Provision thereof at a County Charge as their several Occasions shall be found necessary to require X. An Act for Setting up Looms in each County WHereas the present obstruction of Trade and the nakedness of the Countrey do sufficiently Evidence the necessity of providing a supply of our Wants by improving all means of raising and promoting Manufactures among our selves and the Governours Honour having by apparent Demonstrations manifested that our Poverty and Necessity proceed more from want of Industry then defect of Ability since that Five Women or Children of Twelve or Thirteen years of age may with much ease provide sufficient Cloathing for Thirty persons if they would betake themselves to Spinning which cannot be Objected against if Weavers and Looms were once provided For the better Effecting whereof A Loom to be set up and a Weaver provided for each County within Two years Be it Enacted by the Authority of this Grand Assembly That within two years at furthest after the date of this Act the Commissioners of each County-Court shall provide and set up a Loom and a Weaver in each of the respective Counties of this Countrey at the charge of the County And that no private person setting up a Loom at his own Charge shall excuse the County from setting up a publick one but that every Court neglecting to perform the Tenor of this Act shall be fined Two thousand pounds of Tobacco to the use of the Publick and Informer Provided that the executing thereof in the Counties of Rappahanack Stafford Westmorland and Northumberland who by the newness of their Grounds pretend themselves uncapable of making Provision for the soon Employment of a Weaver be respited for Four years after the date hereof XI An Act Imposing a Fine for entertaining Run-aways WHereas divers ill disposed Persons not valuing the Fine imposed by Act which by the inconsiderableness thereof they think not worth the Pains or Charge of recovery do harbour and give Entertainment to Loitering Run-away Servants for two or three days or more thereby encouraging the said Servants in such lewd courses For prevention whereof Be it Enacted by the Authority of this present Grand Assembly Such as entertain Run-aways fined That what person-soever contrary to the Act in force shall harbour or entertain any such Run-away Servant shall be fined and pay Sixty pounds of Tobacco for each day and night he shall so harbour them to be recovered by the Master or Owner of the said Servant by Action of Debt in any Court of Judicature in this Countrey This Act extending only to those Servants that serve by their first Indenture XII An Act concerning Servants coming in without Indentures VVHereas the present Act in force prescribing how long Servants coming in without Indentures shall serve enjoyns all Servants adjudged by the Courts to be Sixteen years of Age to serve but Five years and all under to serve until they be Twenty four years old by which inequality a Servant if adjudged never so little under Sixteen years pays for that small time Three years Service and if he be adjudged more then the Master loses the like Be it therefore Enacted That the said Act be from henceforth altered and amended viz. That all Servants coming in without Indentures after the Expiration of this Session of Assembly The time Servants coming in without Indentures shall serve shall serve according to their Age viz. If adjudged Nineteen years or above then to serve Five years if under that Age then to serve so many years as he wants of Twenty four when his Age is adjudged by the Court And that every Master intending to Claim the benefit of this Act is hereby required within Two Courts at furthest after he hath bought or imported a Servant as aforesaid to carry him to the Court who by a present Inspection at that time will be best enabled to pass Judgment upon the Matter XIII An Act for Criminals to bear their own Charges WHereas the Charge of prosecuting Criminal Persons hath been hitherto usually defrayed part by the Publick Criminals having Estates shall defray the Charge of their own prosecution Otherwise to be
prevention of future Trouble That all Lands held by former Patents of which there is no Record extant or to which there are no Rights annexed in the Records until the date of this Present Assembly Fumer Patets shall remain firm and valid although no Record thereof be extant shall for ever be held valid and firm according to the claims of the several Patents those defects being found to have happened by the neglect of the Clerk in those times in not making present entry of the Rights delivered to them and the Casualty of of two several Fires whereby many of those Rights with other Papers were destroyed the Assembly hereby rendring Thanks to Mr. Secretary for his care of preventing future trouble All Patents shall for the future be composed with the Record be some they pass the Office and requesting him to continue it in not suffering any Patent hereafter to pass the Office before the Rights are entered and the Patent compared with the Record XXII An Act commanding Law-Books to be provided for each County VVHereas for the better Conformity of the Procedings of the Courts of this Country to the Laws of England it appears necessary that for the better direction therein all the former Statutes at large and those made since the beginning of the Raign of his most Sacred Majesty that now is and some other esteemed Books of Law be purchased It is therefore by this Grand Assembly and the authority thereof accordingly enacted that all the aforesaid Statute-Rooks and Daltons Justice of the Peace and Office of a Sheriff and Swainbournes Book of Wills and Testaments be sent for by Mr. Auditor and paid for out of the two shillings per Hogshead and the like Books to be sent for by some of the Commissioners of the County-Courts for the use of the Respective Counties and paid for out of the County-Levy XXIII An Act Imposing Fines on Refractory Persons VVHereas the Officers of the Militia have Complained that divers Refractory Persons have in Contempt of authority impowering them and to the ruine of all Military Discipline refused to appear upon the days of exercise and other times when required to attend upon publick service It is enacted by this Grand Assembly Such as refus to appear on the days appointed for the exercise of the Militia fined an hundred pounds of Tobacco that every person neglecting to appear shall for every such Neglect be amerced and fined one hundred pounds of Tobacco to be disposed of by the Militia for the use of the Regiment And that the Commanders return of such Fines to the Sheriffs of the Respective Counties shall be sufficient Warrant in case of the Parties denial of payment to levy the same by distress Provided that if before the laying of the Levy the Party Amerced do shew to his Commander such cause of his absence as by the Commander shall be adjudged reasonable then the Party to be excused and the Fine not returned XXIV An Act for the better explanation of the 16th Act in the Printed Book VVHereas the sixteenth Act for Sheriffs to take Bail was misinterpreted and some words left out It is Enacted that for prevention of Mistakes in Courts of Judicature a Copy be transcribed out of the Original for Correction of mistakes of the Printed Book which followeth Be it also hereby enacted That all Sheriffs shall take sufficient Bail of all persons Arrested with this condition to bring forth the Party Arrested or perform the award of the Court and if they shall neglect to take sufficient Bail of the Party arrested or otherwise consent to be the cause of his escape then the said Sheriff shall be lyable to pay the award of the Court himself Sheriffs neglecting to take Bail or consenting to the escape of the Prisoner shall pay the award of the Court shall be fined a 1000 l. of Tobacco if his consent to the escape be proved and shall also pay in case the Consent to the escape be proved one thousand pounds of Tobacco one half the Publick the other half to the Party grieved for his delay in recovering the Debt but if Bail be taken and the Party appears not to answer then Judgment shall be awarded against the Bail always provided that the Sheriff or Bail shall if he desire it have an Attachment against the Estate of the Party arrested and not appearing and further that if the Sheriff or Bail shall at the next Court to that which the arrest was made appear and bring forth the Body of the Party so arrested to answer the suit Then the Sheriff or Bail shall be acquitted from the Judgment past against them At a Grand Assembly held at JAMES CITY September 3. Anno 1667. I. An Act for Tobacco of Mary-land growth to be free from Duties WHereas there is an Order at present in force requiring that all Tobacco though of Mary-land growth shipped in Ships riding in any Harbour of Virginia should pay the Impost of two shillings per Hogshead and whereas at present the Inhabitants of the south-side of Virginia in Potomack River are inforced for their present necessity to lay out or Ship the greatest part of their Tobacco in Ships riding in the Government of Mary-land for which as is said they are to pay the like Duties of two shillings per Hogshead as is paid for Mary-land Tobacco shipped upon Ships riding in Virginia Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly and the authority thereof That for Relief of the said Inhabitants of Virginia who are otherwise likely to pay double Duties That no Tobaccoes of the growth of Mary-land though laden in Ships riding in any Harbour in Virginia shall be lyable to pay any Virginia Duties from the date of this Act until the first of October which shall be in the year of our Lord 1668. Nor after if the next Assembly find cause to continue it How long this Act shall continue in force and upon what conditions to be repealed Provided that if the Government of Mary-land do lay Impost upon Virginia-Tobacco shipped in Ships riding in their Harbour then this Act to be absolutely Void and Null and all Tobacco of Mary-land growth laden a board any Ship in Virginia to pay Duties as formerly Provided also that if any person shall fraudulently send on board any Ship in Virginia Tobacccoes of the growth of Virginia and pretend the same to be of the growth of Mary-Land intending thereby to defraud the Country of their Dues he shall forfeit the Tobacco so laden and concealed II. An Act declaring that Baptism of Slaves doth not exempt them from Bondage WHereas some doubts have arisen whether Children that are Slaves by Birth by the Charity Piety of the Owners made partakers of the Blessed Sacrament of Baptism should by vertue of their Baptism be made free It is enacted declared by this Present Grand Assembly and the authority thereof that the
conferring of Baptism doth not alter the condition of the person as to his Bondage or Freedom That divers Masters freed from this doubt may more Carefully endeavour the propagating of Christianity by permitting Children though Slaves or those of greater growth if capable to be admitted to that Sacrament III. An Act of encouragement for Erecting Mills WHereas it would conduce much to the Convenience of this Country both for grinding of Corn and nearer Roads if Mills were erected at convenient places which divers persons would willingly do if not obstructed by the perverseness of some persons not permitting others though not willing themselves to promote so publick a good It is enacted by this present Grand Assembly and the authority thereof Two Commisioners may be impowered by the County-Court to appoint conveninient places whereon to erect Mills that if any person willing to erect one or more Mills upon convenient places hath Land only on one side the said place and the Owner of the Land on the other side refuse to let him have an Acre of Land to the use aforesaid That then the Countie-Court upon request of the Party so refused shall order and impower two Commissioners or such other Credible Person as they shall think fit to view the said Land And if it take not away housing or Orchards or other immediate Conveniences then to vallue the said quantity of Land and to put the same into the possession of the Party building the said Mill or Mills he paying the consideration the Land is valued at And it is further enacted Also for building of Churches or Court-houses that the like liberty shall be granted for two Acres of Land and no more for erecting Churches or Court-houses Provided that in case of desertion of any Structure the Land shall revert to the first Proprietor he paying what he received for it IV. An Act for Roads to Houses VVHereas the dispatch of Business in this Country is much obstructed for want of Bridle wayes to the several houses and Plantations It is Enacted by this Grand Assembly and the authority thereof that every person having a Plantation Convenient passage for Man and Horse shall be made to every Plantation shall at the most plain and convenient place that leads to his house make a Gate in the Fence for the Convenience of passage of Man and Horse to his house about their Occasions at discretion of the Owners V. An Act against Exportation of Corn. Vide Act 3. Anno 1675 6. VI. An Act for Rating of Ordinary-Keepers Vide Act 10. Anno 1676. VII An Act for Forts to be built in each River Vide Act 2. Anno 1668. and Act 1. Anno 1672. At a Grand Assembly held at JAMES CITY September 17. 1668. I. An Act for Establishing a Fast WHereas the many Sins of this Country may justly provoke the Anger of Almighty God against us and draw down his Judgments upon us unless diverted by a timely and hearty Repentance The Governour Council and Burgesses taking the same into their serious consideration have enacted and do by these Presents enact That the 27th day of August next be set a part for a day of Humiliation hereby strictly requiring all persons on that day to repair to their Respective Parish-Churches with Fasting and Prayer to Implore Gods Mercy and deprecate the Evils justly impending over us And be it further enacted that if any person or persons in contempt hereof shall be found on that day Gaming Drinking or Working works of necessity excepted he or they so offending upon Presentment of the Churchwardens and proof thereof made to the Vestry shall be fined one hundred pounds of Tobacco half to the Informer half to the poor of the Parish And it is further enacted that all Ministers in the Parish where they reside be required to repair themselves to the solemnizing that day II. An Act for dispensation of Ship riding under the Forts WHereas the Act for erecting Forts enjoynes all Ships trading into this Country to ride within the command of the Forts now erected for security of the said Ships in times of War and Danger and since God hath restored to us the Blessing of an Universal Peace by which the necessity occasioning that injunction is taken away The Governour Council and Burgesses of this Grand Assembly for the ease and convenience of the Inhabitants and Traders have enacted and by these Presents do enact That Licence and Liberty shall be and hereby is granted to all Merchants and Masters of any Ship or Vessel that already is or hereafter shall come into any River of this Country Ships permitted to Ride in any part of the River where they may most conveniently unload to ride with their Ships in any part of that River they shall make choice of for better dispatch of their Affairs and this permission to continue in force until the Governours Honour find just cause to command the contrary III. An Act concerning Dammages in Appeals WHereas the present Act about Appeals seeming to take care only of the dammages sustained by Creditors in actions of Debt is difficult in prescribing a Remedy upon actions in the Case Trespass c. By which impunity litigious persons do more boldly persist in stirring up and prosecuting malitious and unjust suits to the great trouble vexation and dammage of many honest men and the breach of His Majesties Peace for Redressing whereof It is enacted by the Governour Council and Burgesses of this Grand Assembly Costs and Dammages given in County-Courts upon Appeal to the General Court if cast there shall be raised 50. per Cent. and the authority thereof That in all actions the dammages costs and reasonable expences of suit recovered against the Appellant in the County-Court by Judgment or Verdict of a Jury shall have fifty per Cent. raised upon all those costs and dammages in the General Court or Assembly if Appeal be made to the General Court against the person Appealing if cast in the suit IV. An Act about Correction of Runaways WHereas it hath been questioned whether Servants running away may be punnished with corporal punishment by their Master or Magistrate since the Act already made gives the Master satisfaction by prolonging their time of Service Corporal punishment may be inflicted on Runaways It is enacted and declared That corporal punishment moderately inflicted on a Runaway-Servant by Master or Magistrate shall not deprive the Master of the Satisfaction allowed by the Law the one being as necessary to reclaim them from further persisting in that idle course as the other is just to repair the Damages sustained by the Master V. An Act Impowering County-Courts to build Work Houses assisted by the Vestry Vide Act 10. An. 1666 VI An Act permitting the Exportation of Horses and Mares WHereas the numbers of Horses and Mares is so increased that there appears not any occasion to continue the Restraint of their Exportation It is enacted by this Grand
Assembly and the Authority thereof That the Exportation of Horses and Mares shall be from henceforth free and the Act prohibiting it Repealed VII An Act Continuing the Tax on Negro-Women WHereas some doubts have arisen whether Negro-Women set free were still to be accounted Tythable according to a former Act Negro-women though enjoying the priviledg of freedom not exempt from the payment of Taxes It is declared by this Grand Assembly That Negro-Women though permitted to enjoy the Priviledge of their Freedom yet ought not in all respects to be admitted a full fruition of the Exemptions and Immunities of the English and are therefore still liable to payment of Taxes VIII An Act concerning the Property of Tobacco WHereas some question hath been made whether weighing or marking or both Marking of Tobacco alone sufficient to Transfer the Property thereof transferred the property of Tobacco some persons having both by weight and mark received and yet by the alteration of their own occasions have after refused the Tobacco so received and upon pretence of non-acceptance having the Specialties still in their hands have recovered Judgments for sums that justly were discharged Therefore be it enacted by this present Grand Assembly and the Authority thereof That Marking alone being the usual way of appropriating all things without Weighing doth transfer the property of Tobacco to him that sets or causes to be set his mark upon it And that for ascertaining the sum paid if the Receiver have not convenience to weigh it when he marks it then he that pays it away may after ten days respite desire any Commissioner of that County to weigh the Tobacco or cause it to be weighed and the Attestation of the said Commissioner or the oath of the person or persons by him deputed shall oblige the Creditor to discount or allow the quantity IX An Act for Restraint of Tipling-Houses WHereas the excessive number of Ordinaries and Tipling-Houses set up for the advance of a private Gain are found to be full of mischief and ill-convenience by cherishing Idleness and Debauchedness in a sort of loose and careless persons who neglecting their Calling mispend their time in Drunkenness and having once contracted Debts beyond their Abilities of payment make Escapes out of the Countrey to the detriment of the Publick the loss of their particular Creditors Not above one or two Tipling-houses or Ordinaries to be in each County and often to the Charge of the Parish where they lived Be it enacted and declared That the Commissioners of each County-Court be required to take especial care for the Suppressing and Restraint of the exorbitant number of Ordinaries and Tipling-Houses in their respective Counties And not to permit in any County more then one or two Except on Great Roads Ports c. as the County Courts shall see necessary and those near the Court-House and no more unless in Publick Places as Ports Ferries and great Roads where they may be necessary for the Accommodation of Travellers according as their several Courts shall find the necessity of their Counties require And further That the said Commissioners take good Security for those to whom Licences are granted to conform themselves to the Laws Such as have Licences to keep them shall give security to the County-Court Commissioners And that all persons keeping Tipling-houses without Licence shall be fined two thousand pounds of Tobacco half to the County half to the Informer for each time he offends At a Grand Assembly held at JAMES CITY the 20th Day of October Anno 1669. I. An Act about the Casual Killing of Slaves WHEREAS the only Law in Force for Punishment of Refractory Persons Resisting their Masters Mistresses or Overseer cannot be Inflicted on Negroes Nor the Obstinance of many of them by other than violent means Suppressed Be it Enacted by this Grand Assembly and the Authority thereof That if any Slave resist his Master Slaves resisting when Corrected if they chance to be killed their death shall not be accounted Felony or others by his Masters order correcting him and by the Extremity of the Correction should chance to dye such death shall not be accounted Fellony But the Master or that other Person by his Master appointed to punish him be acquit from Molestation Since it cannot be presumed that Prepensive Malice which alone makes Murther Felony should induce any Man to destroy his own Estate II. An Act against the Importation of Horses and Mares WHereas the last Assembly partly to restrain the numerous increase of Horses now growing rather Burthensome then any way advantagious to the Countrey partly to encourage Trade did permit that Mares might be exported this Assembly taking Care that both the ends aforesaid might be advanced Have Enacted And by these presents do Enact No Horses or Mares to be Imported upon Penalty of Siezure That no Horses or Mares after the last of December next shall be by any Person or Persons Imported or brought into this Colony from any other Plantation or Government whatsoever And that if any other Person or Persons shall contrary to the Intent of this Act by any wayes or means bring into this Country any Horse or Mare after the last of December aforesaid The Sheriff of that County into which they shall be brought is hereby strictly required and enjoined to make present Siezure of the said Mares or Horses for the use of the Publick and to render an account thereof to the next Assembly and out of the Value the moyety thereof to be allowed to the Informers III. An Act for Re-examination of Orders in the County-Courts WHereas the Twenty Second Act of Assembly March 23. 1661. Prescribes a way of Re-examination of Orders in the General Court but no mention made in the County-Courts County-Courts shall re-examine their Orders It is hereby Enacted that the Course that Act prescribes for the General Courts shall be strictly Observed in the County-Courts and the County-Court omitting according to that Act to re-examine and Sign their Orders shall be fined for every such Omission One Thousand Pound of Tobacco whereof the Sheriff shall give Account to the next Assembly who are to dispose the same to the Use of the Publick IV. An Act for the Fee of a Dedimus Potestatem WHereas the Act granting Commission of Dedimus Potestatem omitting the Fee The Fee of a Dedimus Potestatem Assertained hath caused great extortion in divers Clerks It is Enacted that a Fee for a Dedimus Issuing from the General Court shall be ascertained at Fifty pounds of Tobacco and in the County-Court at Twenty five pounds of Tobacco each Commission V. An Act for freeing Virginia-Owners from Castle-Duties WHereas the Act for Encouragement of Virginia Virginia Owners exempted from Castle Duties Owners Exempts them from payment of the Two Shillings Per Hogshead It is hereby Enacted that they be also exempted from paying the Castle Duties for their greater Encouragement VI. An Act
Liquors Vide Act 10. Anno 1676 7 IV. An Act providing how Negroes belonging to Orphans of Intestates shall be disposed of WHereas in the former Act concerning the Estates of Persons dying Intestate It is Provided That Sheep Horses and Cattle should be delivered in kind to the Orphans when they come of Age according to the several Ages the said Cattle were of when the Guardian took them into his possession to which some have desired that Negroes might be added this Assembly considering the difficulty of procuring Negroes in kind as also the Vallue and Hazard of their Lives have doubted whether any sufficient men would be found who would engage themselves to deliver Negroes of equal ages if the specifical Negroes should dye or become by age or accident inserviceable be it therefore Enacted and Ordained by this Grand Assembly The Disposal of Negroes belonging to Orphans referred to the County-Courts and the Authority thereof That the consideration of this be referred to the County-Courts who are hereby Authorized and impowered either to cause such Negroes to be duly apprized sold at an Out-cry or preserved in kind as they shall find it most expedient for the preservation Improvement or advancement of the Estate and Interest of such Orphans V. An Act Repealing the Act making it death for Indians coming into Henrico-County WHereas the Burgesses for the County of Henrico have shewed several inconveniencies and hazards that may happen by the liberty granted to the English to kill any Indian coming within the bounds of that County Indians permitted to come into Henrico-County which this Assembly taking into consideration have Enacted and it is hereby Enacted and Ordained by the Authority thereof that the said Act be Repealed and the Indians permitted to come into the said County as well as others about their lawful occasions Provided they be no where entertained but by Licence legally obtained from the Right Honourable the Governour as in other places VI. An Act concerning Sheriffs Fees for Arrests WHereas Complaints have been made that some Sheriffs extorted greater Fees for Arrests then were allowed by Law viz. Twenty Pounds of Tobacco for commitment and Releasment whether the person were Imprisoned or not It is Enacted and Declared by this Grand Assembly That the just Fee for an Arrest is Ten Pounds of Tobacco for the Bond Five Pounds of Tobacco The Fee due to the Sheriff for an Arrest and not any thing for Commitment or Releasment unless the Person were actually put in Prison VII An Act for Naturalization Vide Act II. Anno 1680. At a Grand Assembly held at JAMES CITY the Four and Twentieth of September Anno 1672. I. An Act for the defence of the Country VVHereas for the necessary Defence of this Country and Security of the Ships and Vessels trading thereto It hath been Enacted that sundry Forts should be built in convenient places upon the Rivers which accordingly have been effected but forasmuch as the Materials wherewith the said Forts were built were not sufficient nor lasting some have sufferred utter Demolishment some very ruinous and some with some small charge are capable of Reparation This Grand Assembly taking the same into their serious consideration and desirous as much as in them lyes to provide for the safety of this his Majesties Country so far forth as the present Capacity thereof will admit Hath thought fit to enact and it is hereby Enacted and ordained Forts ruinated and demolished shall be built anew or repaired with Brick by the Governour Councel and Burgesses of this Grand Assembly and the Authority thereof that the Forts on all the Rivers be built substantially with Brick in all such places where the Demolishment or ruine of the former forts shall require to be built anew and that those Forts that are capable of being repaired shall also be done with Brick in all such places where the demolishment or Ruine of the former Forts shall require and that the Commissioners of the Respective Associations do take care that this Act be put into speedy and Effectual Execution and whereas the Moneys rising from the Fort-Duties have been design'd to remain in Stock for the use of the Respective Forts which at present is not sufficient to defray this charge of building and repairing Be it further enacted by the Authority aforesaid that it shall and may be Lawful for the Comissioners of each Association and they are hereby fully authorized and Impowered to Assess How Levies are to be made for effecting it and Levy so much Tobaccoes in their Respective Counties as shall be wanting and needful for the building and repairing of their Respective Forts as aforesaid and whereas the Act of 1667 hath provided for the Mannagement and Command of the Forts It is hereby further enacted by the Authority aforesaid that this additional be thereunto made viz. That upon all Alarms or sudden Invasions or Occasions in the absence of the Major Generals the next Colonel or adjacent Commander to any Fort shall draw down of his Regiment his or their Company or Companies sufficient for the defence thereof till further order of the Superiour Officers And forasmuch as against all times of danger it ought to be the care of all men to provide that their Arms and Habiliments of war be always kept fixt and fit for Service and that Armourers and Smiths may be encouraged to work It is also enacted by the Authority aforesaid The Rates of Smiths Armourers c. to be assertained that the Commissioners of the Respective Associations shall and do Ascertain the Rates for the work of Armourers and Smiths and such Artificers And for the prevention of the great trouble that usually accrues to Artificers in Collecting several small Parcels in payment for work done that the said Artificers shall take from under the hands of those for whom they work and return the same to the Commissioners aforesaid which accounts by them shall also be returned Rated into their Respective Countie Courts when the Levy is laid the Artificers to be paid intire by the Counties and the Counties Reimbursed The said Artificers to be paid by the Counties and the Counties to be Reinbursed by the Person for whom the work was done And that the said Artificers may not delay people which repair to them with their Arms be strictly enjoyned under a Fine to be imposed by the said Commissioners to lay aside all other works to go about this of Arms. And whereas it hath been a frequent and evil practice of many men upon sight of Ships or Vessels newly arriving to go on Board not knowing whether they be Friends or enemies by means whereof opportunity hath been given and taken by the Enemies to obtain intelligence to the great prejudice of the Country for prevention whereof for the future Be it Enacted by the Authority aforesaid That it shall not be lawful for any Cannooe-Boat or Sloop to go on Board any Ship or
are to deliver them to the Sheriffs and the Sheriffs be and hereby are authorized and enjoyned to collect and distrain for the same as in case of Levies and the courts are hereby authorized and impowered to dispose of the Tobaccoes to the best advantage of the country and be accountable to the Grand Assembly for the Uses aforesaid and that this clause of amercements be of force the next court after Publication hereof in each county and so remain until the next Assembly and no longer unless it be thought fit to continue it II. An Act Ascertaining allowances for evidences summoned to the General Court WHereas it hath been Considered that the allowance which the Law hath formerly given to witnesses who are often summoned from remote places to give in evidence at the General Courts is too little thirty pound of Tobacco per diem allowed to witnesses that come 20 miles and upwards to James City 60. pound per diem during their attendance there As also for their attendance and expence in town Be it enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof that thirty pounds of Tobacco per diem be paid to such witnesses as come to James City twenty miles and upwards and that all witnesses have sixty pounds of Tabacco per diem for their expences the time of their attendance there III. An Act prohibitting the Justices of the several County-Courts for Levying Tobaccoes upon the People for their accomodations and expences whilst they are keeping Court. WHereas it hath been Complained of to this Grand Assembly that it hath been the frequent practices of some of the Justices of the several County-Courts of this Countrey at the time of Laying their Levie to assess upon the People of their respective Counties certain summes of Tobacco for the paying and Satisfying their expences and accomodations whilst they are holding Courts and attending thereupon which practice is by the Grand Assembly adjudged illegal be it therefore enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof That no County from henceforth pay or allow for accomodation of the Justices at their County-Courts any Order usuage or Custom to the coâ—trary notwithstanding IV. An Act Commanding such Indians who keepe Hoggs to mark the same WHereas Complaint hath been made that divers the Inhabitants of this Countrey have received mischief by the Indians in their Stock of Hoggs against whom rarely any Legal proof can be produced to discover and Convict them Be it therefore enacted by the Governour Council and Burgesses of his Grand Assembly and the Authority thereof that Indian proof as well as other legal proof shall from henceforth be good against all such Indians to Convict them on the Act against Hoggs stealing The Hoggs of Indians shall be mark'd with a Particular mark signifying to what Town they belong And that those of the Indians who keepe Hoggs do and hereby are enjoyned and required to give such a particular mark for that town where they live as shall be appointed by the adjacent Counties V. An Act Impowering Feem Coverts to make good acknowledgment of Sales of Land WHereas the Legal way in England in passing Estates where the Inheritance in a Feem Covert Is by way of fine and recovery And it being the usual way in this Countrey for many years we having no fines and recoveries that Sales have been made by the Husband and wife of the Inheritance of the wife by Conveyance from them and the said Conveyance acknowledged in the General or County-Courts by the Husband and wife The Wife being first privately examined by the Court whether she acknowledgeth the same freely but there being no Act of Assembly to Authorize the same Be it therefore enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof that all such Sales and acknowledgements All Sales and acknowledgments that are made by Husband and wife to stand good in Law That by Husband and Wife have at any time hertofore been made in manner and form as aforesaid or shall hereafter be made shall be good and effectual against the said Husband and Wife their and every of their heirs and Assignes And against all other Persons Clayming by from or under them or any of them and that to all Intents and purposes As if the same had been done by fine or Recovery or by any other wayes whatsoever At a Grand Assembly held at JAMES CITY the 7th Day of March Anno 1675 6. I. An Act for the Safeguard and defence of the Country against the Indians Vide Act the Anno 1679. II. An Act prohibitting trade with Indians Vide Act the 3 d. Anno 1677. and Act 8. Anno 1680. III. An Act prohibitting the exportation of Corne c. WHereas the Countrys preparation for war in all likelyhood may cause a more then ordinary expence of Provisions It is therefore thought fit it be enacted and it is by the Governour Council and Burgesses of this Grand Assembly and Authority thereof enacted and Ordained that no Corne or other Provision from and after the fifth day of April next shall be exported out of this Colony under the penalty of two hundred pounds of Tobacco for every Barrell of Corne No Corn shall be exported under penalty of paying 200. pound of Tobacco for every Barrel thereof and twice the price of other Provisions and double the price of any other provision to be paid by the party exporting it Provided neverthelesse that it shall and may be Lawfull for those who have already loaden any Corne or Provisions on board and have purchased others to lade the same within the time afore limitted but not afterwards and the same so laden to export without Impeachment any thing in this Act to the Contrary notwithstanding And it is further enacted The terme this Act shall continue in force That this restraint Continue till the last day of July next and no longer unlesse the honourable Governour think fit to Continue the Restraint At a Grand Assembly held at JAMES CITY the fifth of June Anno 1676. ALL the Acts and Orders of this Assembly are Repealed made Void and Null by His most Sacred Majesties Instructions and Proclamation And also by the fourth Act of Assembly bearing date at Green-Spring the twentieth of February Anno 1676 7. At a Grand Assembly begun at Green-Spring the Twentieth of February Anno 1676 7. I An Act of Indemnity and free Pardon Repealed by his Excellencies Proclamation Anno 1680. II. An Act of Attainder Repealed by his Excellencies Proclamation Anno 1680. III. An Act inflicting Pains Penalties and Fines upon great Offenders Repealed by his Excellencies Proclamation Anno 1680. IV. An Act Declaring all the Acts Orders and Proceedings of a Grand Assembly held at James City in the Month of June 1676. Void Null and Repealed WHereas Nathaniel Bacon the younger in the Month
the Respective Marts and Fairs that the Clerk of the County-Court where such Mart or Fair is held Accounts to be taken by the Clerk of the County or whom else the Governour shall please to appoint of what is bought and sold in the Marts or Fair aforesaid or such other whom the Right Honourable the Governour for the time being shall appoint the Clerk thereof and take account and place the same in fair writing in a book of all what is bought sold Trucked Exchanged or dealt for and for his fee it shall be lawful to have receive and take to himself the one twentieth part of all Indian Commodities there Sold Trucked Traded or Dealt for Provided always that it shall and may be lawful for any Indian wanting Corn until such respective marts or fairs at the several respective places shall first begin but not after that time to buy such Indian Corn as they shall have need of from any Person or at any place where they can buy the same any thing in this Act to the contrary notwithstanding Provided also that the Wiccacommico Indians living in Northumberland County and the Chies-Lake-Indians living in Glocester County to have such Liberty and rules for their trading with the English as shall be set appointed and allowed them by order and appointment of the respective County-courts in each County any thing in this Act to the contrary notwithstanding Provided also that it shall not be lawful or permitted to any Indian or Indians resorting to or meeting at any those aforesaid marts or fairs to travel with or carry Armes Indians Resorting to the said Marts shall not come armed or appear there armed except only the carrying home such arms and Ammunition as they shall then and there purchase and shall be found registred in the Clerks Book for which they shall have with them his Certificate Provided alwayes and it is the true intent and meaning of this Act that no Person or Persons shall be hindred from entertaining any Indians in their Houses who shall have the right Honourable the Governours Licence so to do according to a former Law in that case provided any thing in this Law to the contrary notwithstanding IV. An Act Imposing Fines on Sheriffs concealing Tythables BE it enacted by the Governour Council and Burgesses of this present Grand Assembly and the authority thereof and it is hereby enacted that whatsoever Sheriff Collector or Receiver of the publick or County Levy shall be found to Levy and receive Tobaccoes due upon concealed Tythables and shall not give account to the next County-court thereof after his such Receipt or Collection of the â—…ame but shall convert or endeavour by such Concealment to convert the same to his own use and shall be thereof lawfully convict shall be fined and pay the Penalties enjoined in the former Act or Acts of Assembly for concealed Tythables V. An Act ascertaining the Price of double Patents FOrasmuch as divers persons making advantage thereof to themselves thereby to save the trouble and charge of seating new taken up Dividends of land do customarily add new Tracts of Land to former Patented Dividends Be it therefore Enacted by the Governour Council and Burgesses of this present Grand Assembly and the Authority thereof and it is hereby Enacted that it shall and may be lawful in such cases for Mr. Secretary to take as his due Fee so many times eighty pounds of Tobacco as there are several Tracts of land in such Patent but where several old Tracts of land fomerly Patented shall be drawn into one new Patent and no new lands not Patented before added thereunto in such cases the Fee for such patent shall not exceed eighty pounds of Tobacco VI. An Act for the Imposition of Two Shillings on every five hundred pounds of Bulk Tobacco Vide Act the third Anno 1680. VII An Act for Delivery of Strey-Horses c. Repealed by his Excellencies Proclamation Anno 1680. VIII An Act restraining the impress of Timber c. FOrasmuch as divers complaints have been made that it hath been heretofore practical to impress and take from any mans land such Timber trees as those who pretended to have such power were pleased to take to the great hurt and dammage of such persons Owners of the said land and Timber from whom the same hath been taken and contrary to the Right of Inheritance in and to the said Lands and Timber to the end no such abuses and Infringment of Properties may for the future be offered and done be it enacted by the Governour Council and Burgesses of this Grand Assembly and the authority thereof and it is hereby enacted that no Person or Persons under pretence of any power or Warrant whatsoever that shall be imployed for the time to come to procure or impress Timber for publick use Persons Impowered to Impress Timber shall first make composition or agreement with the Owners thereof or other purpose use or intent whatsoever shall or may take or impress any Timber from any mans land whatsoever before he or they so impowered or pretending to be impowered shall have first made Composition or Agreement with the Owner thereof for the price of the same and shall have made ready payment or given sufficient caution for payment according to such Composition and Agreement upon the Penalty of paying for each Timber-tree so taken without Composition or Agreement as aforesaid five pounds Sterlin according to a former Law in such like cases made and provided Provided alwayes that if the Owner of such Timber as shall be wanted for publick uses shall be unreasonable in his setting a price thereon finding the advantage of the necessity thereof Two men of the Neighborhood shall value Timber to be impressed for publick Service in case the Owner be unreasonable in his demands to be had and taken for publick uses that in such cases it shall be lawful to procure a Valuation thereof to be had and taken by two good and honest men of the Neighbourhood upon their Corporal Oaths which prices being paid or secured to be paid shall in such cases be final and Determinative and forasmuch as Divers Complaints have also been made to this Assembly of Divers injuries and abuses which have been lately perpetrated and done by persons imployed to impress necessaries for publick occasions and also divers complaints have been made that of late divers persons have presumed to impress sloopes Carts Boats Horses c. without lawful power so to do to rectify and prevent the like abuses for the time to come Be it further enacted by the Governour Such as shall Impress sloopes Shallops Boats Horses Carts Arms Provisions c. shall produce their Warrants for so doing to the Owners thereof Council and Burgesses of this Grand Assembly and the authority thereof and it is hereby enacted that from henceforth no person whatsoever shall presume to impress any sloop Shallop Boat or other Vessel Horses Carts Arms
as by reason of the late unhappy Rebellion all Judicial Proceedings were impeaded and hindred for the greatest part of the last year being the year of our Lord 1676. Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly and the Authority thereof and it is hereby Enacted That the year 1676. shall not be accounted as one year included and meant in the Statute of Limitations for Payment or Demand of Debts due by Bill Bond or Judgment or in the Clause and Proviso of Patents for Seating of Lands but that in those and such-like Cases the said year of our Lord be passed by and not accounted of for one of those years therein or thereby meant and mentioned XII An Act for Signing Executions on Judgments in the Assembly IT having been proposed in this Assembly how and by whom Executions issuing upon Judgments granted by the Grand Assembly shall issue and be signed Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly Executions on Judgments granted by the Assembly shall be drawn by the Clerk and signed by the Honourable Governour and the Authority thereof and it is hereby Enacted That all Executions issuing upon Judgments granted by the Grand Assembly shall be written and drawn by the Clerk of the Assembly and signed only by the Right Honourable the Governour his Honour being the Head of the Grand Assembly At a Grand Assembly begun at JAMES CITY the 25th of April Anno 1679. I. An Act for the Defence of the Countrey against the Incursions of the Indian-Enemy WHereas this Grand Assembly have taken into sad and serious consideration the sundry Murders Rapines and many Depredations lately committed and done by Indians on the Inhabitants of the Countrey and the great danger the Frontier-Counties are exposed to by the frequent incursions of Indians For prevention whereof Four houses for Stores and Garrisons ordered to be built at the publick charge and for the future security of the Country Be it Enacted by the Governour Council and Burgesses of this present Grand Assembly and the Authority thereof and it is hereby Enacted That four Houses for Stores or Garrisons be Erected and Built at the heads of the four great Rivers viz. At the head of Potomack-River Places where at Niapsco near Occoquan one store-house to be strongly built The Dimensions thereof and well covered to be sixty foot long and Twenty foot broad and one small house of ten-foot square strongly built for Ammunition both which to be built and paid for at the Publick Charge and that Major Isaack Allerton Collonel St. Legior Cod and Collonel George Mason take upon them to provide the several necessaries hereafter mentioned Necessaries to be provided for the said Store-houses and the persons appointed to procure the same for the said work and houses for which they shall be reimbursed by the Publick in the Respective Counties where they live that is to say eight thousand eight-penny-nails five thousand ten-penny-Nails four thousand Twenty-penny-Nails four Iron-pots of about eight gallons each with Pot-hooks four Iron-Pestles two Hair-Cifters course twelve Milk-Trays six Spades two Cross-cut-Saws six VVedges two broad Axes six falling Axes six Hilling-Hoes two drawing knives two Hand-Saws one Grindstone one Froe two Hammers six Gimblets two Augers one of an inch one of an inch and half two Files one Adz two Frying Pans two Stock-locks ten bushels of Salt and four washing-tubbs At the head of Rappahannack-River one Store-house or Garrison with a small House both of the demensions afore mentioned and that Major Lawrence-Smith do procure the several necessaries above mentioned for which he shall be allowed by the Publick in Tobaccoes in Glocester-County at the rate of Ten Shillings Per Hundred with Cask At the head of Mattapony at or above the Indian Towns one Store-house or Garrison with a small house for Ammunition of the demensions aforesaid and that Captain Richard Johnson do procure and provide the several necessaries above mentioned for which he shall be allowed by the Publick in Tobaccoes to be paid in New-Kent-County at the rate of ten shillings per hundred with Cask At the head of James River on the south-side above Captain William Birds one Store-house or Garrison with a small house for Ammunition of like demensions aforesaid and that Captain William Bird do procure and provide the several necessaries before mentioned for which he shall be paid by the Publick in Henrico-County And be it further Enacted by this Present Grand Assembly Every Forty Tythable shall be assessed to fit and set forth one Horse-man well Armed and the Authority thereof and it is hereby Enacted That every Forty Tythables within this Colony be assessed and oblieged to fit and set forth one able and sufficient man and horse with furniture well and compleatly Armed with a Case of good Pistols and Carabine or short Gun and a Sword together with two pound of Powder and ten pounds of Leaden Bullet or high Swan Shot and also that each Respective Forty Tythables do provide and send up to the said Store-houses five bushels of shell'd Indian-Corn and two bushels of Meal eighty pounds of good well salted Pork The Provision to be allow'd such Man and his Horse for four Months or one hundred pounds of good well salted Beef for four Months provision for such man and his Horse and so to supply him four months punctually And be it further Enacted by this Present Grand Assembly and the Authority thereof and it is hereby Enacted that immediately after the Publication of this Law the several Justices and Militia Officers of each County do Assemble themselves at some convenient place and consider of proportion and divide the Respective Tythables of their County into Fortyes which Forty Tythables so by them divided and appointed to find a Man Horse Arms The Militia-Officers of each County to Proportion a Division of the Tythables in their said Counties Ammunition and Provision as is before expressed shall either refuse neglect or be uncapable to fit out such Man and Horse Arms Provision and Ammunition in manner aforesaid that then the Justices and Militia-Officers of the said County do and they are hereby impowered to impress Man and Horse with Arms Ammunition and Provision as is beforesaid and send them to the said Store-house or Garrison and assess the said Delinquent Tythables the whole Charge thereof cause the same to be Levied and paid where the same shall be Due And be it further Enacted by this Present Grand Assembly and the Authority thereof and it is hereby Enacted that the Pay of each private Souldier or Trooper for his personal service shall be after the Rate of two hundred pounds of Tobacco and Cask per Month Private Soldiers Pay and so proportionabley for a greater or lesser time and for a Horse eighty pounds of Tobacco and Cask Per Month and so proportionably for a greater or lesser time and
least three or four Horses at a time and that the Commander in chief of each Respective Garrison be and he is hereby enabled to procure and bargain for such Boats and Oares to be accordingly paid for by the publick upon his Certificate of the price thereof a Boat and Oares for Mattapony Garison being already promised to be provided by Colonel John West And be it further enacted by this present Grand Assembly and the Authority thereof and it is hereby enacted that four of the Neighbouring Indians to each Garrison shall be commanded by the Commander in chief thereof Four of the Neighbouring Indians to each Garrison shall attend there to be alwayes attending at each Garrison and because there is no Neighbour Indians on Virginia side residing near the Garison in Potomack River the Commander in chief of that Garrison is hereby impowered and requested to hire four of the Matteoman-Indians in Mary Land for the service of that Garrison And to avoid all mistakes and harms that may ensue by being unacquainted with our Neighbour and Friendly Indians and to the end we may the better know them from our enemies in our Ranging and Marches be it enacted by this present Grand Assembly and the Authority thereof That all and every Indian Town have speedy notice that if at any time any of them or any of their Friends that may Repair to their Towns shall happen to meet with any of our Souldiers ranging in the Woods or shall come near any of our Plantations or People in any place or places whatsoever that they must not fly hide themselves or make any Opposition and that if they do they may be proceeded against with all manner of Hostility as enemies but if they shall stand peaceably and discourse the English and give true account who and what they are and upon their near approaches lay down their Arms that then they shall be civilly treated and no harm shall be done or offered to them And forasmuch as the said Garrisons may not be at any time left destitute of sufficient defence against any enemy that shall or may attempt the same Be it enacted Ammunition to be kept in the Garrisons for store that ten long Guns or Muskets be provided with one Barrel of Gunpowder and leaden shot or Bullet proportionable thereto for each Garrison to be kept in the Store-house belonging to it for a Reserve and Defence for the same and that the charge of such Armes powder or bullet if the same cannot be procured from his Majesties store be paid for and defrayed by the Publick And to the end that the Eastern Shore may not be altogether left without defence against the enemy if any shall attempt thereon or any Suspition of such attempts shall arise among the Inhabitants there be it enacted by this present Grand Assembly and the Authority thereof and it is hereby enacted that the Inhabitants on the Eastern Shore may have and it is hereby declared that they have the same Liberty to make Garrisons and raise Souldiers in manner and form as is allowed to the several Counties on the Western Shoar or to raise or imploy their Souldiers in Ranging as they find Occasion And be it further enacted by this present Grand Assembly and the Authority thereof and it is hereby Enacted that the several Associations on the South-side James-River shall and may as they see Occasion erect like Houses and Garrisons as is at the heads of the other great Rivers towards which they shall be equally allowed by the publick with the other Garrisons before mentioned and such Officers as are imployed in ranging either on the Eastern Shore on the South-side of James-River to be paid for the time of their Service by the Publick equally with other Officers at the Garrisons And for the better Encouragement and more orderly Government of the Souldiers What Indian Prisoners or plunder the soldiers take shall be free purchase that what Indian-Prisoners or Plunders shall be taken in War shall be free purchase to the Souldier taking the same and where any difference shall happen among the Souldiers in such or like matters the same to be adjudged decided and determined by their Respective chief Commander and all such Souldiers as shall be maimed or disabled in the Service have an annual Pension allowed them by the Publick at the Discretion of the Assembly Souldiers maimed or disabled in Service shall have an Annual pension and that the Articles of War be published and practiced as is directed in the Act of Assembly made in the year 1675. II. An Additional Act for the better Preventing stealing of Hogs WHereas notwithstanding the former Law against Hog-stealing the same is dayly practised to the great damage of the Inhabitants of this Countrey for prevention whereof Be it enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof and it is hereby enacted that this following Addition be made to the former Law viz. That for the first Offence of Hog-stealing whereof any person shall be convict the party shall be adjudged according to the said Law and if any Person having been once Convict of Hog-stealing Persons the second time convict of stealing Hogs shall stand in the Pillory with their Ears nailed thereto shall a second time be convict thereof then for such his default he shall stand two hours in the Pillory and have both his ears nailed thereto and at the Expiration of the said two hours have his Ears cut loose from the Nailes which Penalty and Punishment shall be adjudged and inflicted against and upon the Offendor by any County-court in Virginia any Law to the contrary notwithstanding And the third time shall be prosecuted as Felons and whosoever shall be taken a third time stealing of Hogs that then he be tryed by the Laws of England as in case of Felony III. An Additional and Declaratory Law Impowering County-Courts to make By-Laws VVHereas there is great necessities oftentimes of particular Counties to make By-Laws proper only to themselves and the former Act of Assembly to that purpose being too general and consequently not so easy to be put in practice Be it therefore Enacted by the Governour Council and Burgess of this Grand Assembly and the Authority thereof and it is hereby Enacted that for the future two men be made choice of Two men shall be chosen in each Parish by the Freeholders and House-keepers to sit with the Justices in County-Courts for making of By-Laws in each Parish by the Major Votes of the Freeholders and Housekeepers in the said Parish At such time and place as by the County-courts shall be appointed which two so chosen as aforesaid shall be Returned by the Church Wardens and shall sit in the several County-Courts and have their equal Votes with the several Justices for the making of By-Laws and where the County shall consist of one Parish only there four men shall be chosen
and Returned in manner as aforesaid and shall have equal Votes with the several Justices for the making By-Laws and all such By-Laws so made shall be firm and binding to the Inhabitants of such County any Law usuage or Custom to the contrary notwithstanding Inhabitants of the County shall obey the By-Laws thereof and for as much as divers great Parishes have in them several Chappels of ease Be it therefore Enacted by this Present Grand Assembly and the authority thereof and it is hereby Enacted that the Inhabitants within the Precincts of every such Chappel of ease may elect one Representative for every such Chappel to sit and vote with the Justices in making such By-Laws as aforesaid the time and place for such Election to be also appointed by the County-courts IV. An Act declaring how far Accounts are Pleadable against Dead Mens Estates VVHereas the 95th Act of Assembly in the Printed Laws making no Accounts pleadable against Dead Mens Estates is found too severe and that many Executors and Administrators of Dead mens Wills and Estates have had and taken too great an advantage thereby to the Defrauding and great Prejudice of many Creditors to such Estates for prevention whereof for the time to come and to the end all just debts may be recovered against the Debtors Estate Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the authority thereof and it is hereby enacted that from henceforward all accounts brought against a Dead Mans Estate for any Debt made and Contracted within one year before the Parties Death but no longer shall be pleadable and recoverable against the Debtors estate and for no longer time without prescription if the party in Debt shall after contracting such Debt remove or abscond himself from the County where he lived at contracting the same Provided always No Debts pleadable against dead mens Estates but such as were contracted within one year before their decease that all such accounts and claims as shall be brought against a dead mans estate be fairly proved in Court by the Oath of the Creditor and one Witness more and that the party claiming and Suing for such Debt do himself appear and in open Court make Oath upon the Holy Evangelist that the same is really due without any discount to be made or Credit to be given that he knows of V. An Act Repealing the 129th Act of Assembly in the Printed Book VVHereas the 129th Act of Assembly in the Printed Book of Laws enjoyning the Inhabitants on Potomack River and on the eastern shore not to make delivery of their Tobaccoes by them sold or paid away without certificate from the collector that the impost is paid thereof to him under the Penalty of Twenty Shillings for every Hogshead by them suffered to be taken out of their Possession is found grievous to the said Inhabitants all other the Inhabitants of Virginia being at their Liberty to sell and deliver their own Tobaccoes to the best advantage Be it enacted by this present Grand Assembly and the authority thereof and it is hereby enacted that the said 129th Act of Assembly be and from henceforth stand Repealed The Act Prohibiting the Inhabitants on Potomach River and on the Estern Shoar to Ship their Tobaccoes without Certificate Repealed and that the Inhabitants on Potomack River and on the Eastern Shore have like and equal Liberty and Priviledge with the rest his Majesties Subjects in this Colony to sell dispose pay and make Delivery of their Tobacco to their best advantage and Convenience VI. An Act Ascertaining Collectors Fees for entry and clearing Ships c. WHereas several Complaints have been made to this present Grand Assembly that several Collectors in this Colony have exacted and taken great and unreasonable Fees for entring and clearing Ships and smaller Vessels trading into this Countrey which if permitted and continued might prove prejudicial to trade for prevention whereof for the future Be it enacted by this present Grand Assembly and the Authority thereof and it is hereby enacted that from hence forward no Collector or Collectors shall or may demand or take other Fees for entring and clearing of any Ship or Vessel coming into this countrey then by this Law is ascertained and allowed to be taken that is to say for every Ship or smaller vessel Burthen twenty Tuns or under fifteen Shillings and no more and for every Ship and other vessel burthen above Twenty Tuns thirty Shillings and no more which Sums shall be in full Payment of his Fees for entring clearing Licence to Trade and for taking such Bonds as are by Law enjoyned to be given and taken at the entring and clearing of Ships and other vessels Trading hither VII An Act for Securing Orphans Estates WHereas the 66th Act of Assembly in the Printed Book Relating to Orphans Estates is found too short and deficient and that by the neglect of the Courts in taking Security upon granting Orders for Administrations great Prejudices have ensued and may ensue For the better prevention thereof for the future Be it Enacted by this present Grand Assembly and the Authority thereof and it is hereby enacted That before any order for Administrations shall be granted to issue forth from the Office so as Letters of Administration shall or may thereupon pass and be signed by the Justices as by the Laws is directed and enjoyned good security shall be taken for the Parties due Administration according to Law And be it further Enacted by this Present Grand Assembly and the Authority thereof and it is hereby Enacted that all Justices sitting in Court Administrators of Orphans Estates shall give good security whensoever Administrations are sued for and granted and shall upon granting Order or Orders of Administration neglect to make order for security as is before enjoyned to be taken shall thereby and for such their neglect become lyable to make good such Estate in case the same shall be imbezelled by such Administrators And it is also further Enacted that all Justices of the Peace stand enjoyned and are hereby required before they sign Letters of Administration to demand Certificate from the Clerk that security is given according to Law and duly entred upon Record to the end all Orphans c. may be secured in their Estates and the Justices safe in the due execution of their Office and Places VIII An Act prohibiting the Importation of Tobaccoes into this Colony FOr as much as the Importation of Tobaccoes into this Colony from Carolina and other Parts without the Capes hath been found very prejudicial to this Country and the Inhabitants thereof for prevention of like mischief and inconvenience for the future Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly and the Authority thereof and it is hereby Enacted that from and after the tenth day of October next after this present Sessions no Tobaccoes packt in Cask or otherways shall be brought from
and chief Magistrates of the said Colony raising false and Scandalous Reports without which our good Subjects there could not have been so easily led away which cannot but tend to the future Disturbance of the Peace and Welfare thereof if not timely prevented by Inflicting Punishments proportionate to the greatness of the Crime Be it therefore enacted by the authority aforesaid that whosoever shall after the passing of this Act maliciously and advisedly by writing speaking or otherwise express publish utter or declare any Words Sentences or other thing or things to incite or stir up the People to the dislike of any Person appointed by his Majeâ—â—y to be Governour or Commander in chief of the said Colony Any Person who shall either by words or writing defame the Governour shall suffer a years Imprisonment without Bail c. or tending to the dishonour or defaming of the said Governour or Commander in chief for the time being and being thereof legally convicted shall be imprisoned during one year without Bail or Mainprize and incur such Forfeitures as shall be adjudged not exceeding the sum of five hundred pounds to the Kings most Excellent Majesty his Heirs and Sucessors And it is in like manner Enacted that whosoever shall maliciously and advisedly by writing speaking or otherwise express publish utter and declare any words Sentences or other things to incite or stir up the People to the dislike of his Majesties Councellors Judges or other principal Officers within the said Colony tending to the dishonour or defaming of the said Councellors Judges or other principal Officers and being thereof Lawfully convicted shall be imprisoned during three Months without Baile or Mainprize and incur such Forfeiture as shall be adjudged not exceeding the sum of one hundred pounds to the Kings most Excellent Majesty his Heirs and Successors any Act or Acts Order or Orders to the contrary in any wise notwithstanding II. An Act for Naturalization WHereas nothing can contribute more to the speedy setling and peopling of this his Majesties Colony of Virginia then that all possible encouragement should be given to persons of different Nations to Transport themselves hither with their Families and Stocks for to settle plant or Reside by investing them with all the Rights and Priviledges of any of his Majesties natural Free-born Subjects within the said Colony Be it therefore Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the authority aforesaid that it shall and may be lawful for the Governour or Commander in chief for the time being or any of his Successors Governours of this Colony by a publick Instrument under the broad Seal thereof to declare any Alien or Aliens Forreigner or Forreigners being already setled or Inhabitants of this his Majesties Colony or such as shall hereafter come for to settle The Governor may naturalize such Forreigners as shall seat themselves in this Colony plant or reside in it and having taken the Oath of Alleigance before the Governour or commander in chief for the time being to be to all intents and purposes fully and compleatly naturalized and the said Persons so approved of and named in the said Letters Pattents as aforesaid shall by vertue of this Act have and enjoy to them and their Heirs the same Immunities and Rights of and unto the Laws and Priviledges of this Colony and as fully and amply as any other of his Majesties Natural born Subjects have or enjoy within the same as if they themselves had been born within any of his Majesties Realms or Dominions any former Law Act Ordinance usuage or custom to the contrary in any wise notwithstanding And to the intent the said Letters Patent and instrument under the Broad Seal of this Colony as aforesaid may be obtained without any great difficulty or charge be it further enacted that the Governour or Commander in chief shall have and receive for the same forty Shillings and his Clerk for writing of it ten Shillings and no more and whereas several Aliens and Forreigners that have formerly transported themselves to this his Majesties Colony and have taken up and Patented in their own Name several Parcels of Land or otherwise made purchase of Lands Houses Tenements or other real interest and have afterwards sold the same to some of his Majesties Leige People or Inhabitants of this Colony It is therefore hereby Enacted and Ordained by the authority aforesaid that all such person or persons that shall have so bought of any Alien or Aliens any Lands Houses or Tâ—nements be secured and by vertue of this present Act for ever confirmed in the quiet and peaceable Possession of the said Purchases unto them and their Heirs for ever any former Law Usuage or Custom to the contrary in any wise notwithstanding Provided that nothing in this Act contained shall be construed to enable or give power or Priviledge to any Forreigner to do or execute any matter or thing which by any of the Acts made in England concerning his Majesties Plantations he is disabled to do or execute III. An Act for raising a Publick Revenue for the better Support of the Government of this his Majesties Colony of Virginia WHereas there is a great and continual charge Required for the Maintenance of the Governour and several other Officers and Persons as also for the Fort and Fortifications besides many other contingent expences absolutely necessary for the Support of the Government of this Colony Be it therefore enacted and it is hereby enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly that for every Hogshead of Tobacco that shall at any time hereafter be exported out of this Colony by Land or water to any other place whatsoever Two Shillings to be paid for every Hogshead of Tobacco exported there shall be paid by the Exporter two Shillings of currant money of England as also for every five hundred pounds of Tobacco exported in Bulk or otherwise and so proportionable for a greater or lesser quantity the same to be to the Kings most Excellent Majesty his Heirs and Successors for ever to and for the better Support of the Government of this his Majesties Colony of Virginia in such manner as is herein before exprest and to and for no other use intent and purpose whatsoever And be it further Enacted by the Authority aforesaid that all Ships or vessels whatsoever coming to this Colony or any part thereof shall Respectively pay for every Tun such Ships or vessel shall contain one half pound of good and new Gunpowder and three pounds of Leaden Shot or one Shilling three pence Sterling in lieu thereof as also Sixpence per Poll for every person imported not being actually a Marriner in pay All Ships or Vessels whatever coming to this Colony shall pay ½ al. of Powder and 3 l. of Shot or 1 s. 3 d. money in Lieu thereof the same to be
also to the Kings most Excellent Majesty his Heirs and Successors for ever for the better support of the Government of this his Majesties Colony of Virginia in such manner as is herein before expressed and to and for no other use intent or purpose whatsoever And for the better discovery and preventing of Frauds Be it further Enacted by the Authority aforesaid Sixpence per Poll payable for all Persons imported Marriners excepted that the Master of every Ship or Vessel shall deliver his Boatswains Book to the perusal of the Respective Collectors and make Oath of the truth thereof to the best of his knowledg and that the Mate Boatswain Seamen or other persons be also sworn if there be cause for the discovery of the truth of the freight and if any Master shall wittingly or willingly conceal any part of his Freight or make false entry of the burthen of his Ship or Vessel or number of persons imported as aforesaid that then the said Master shall forfeit for every such Offence the sum of One Hundred Pounds Sterling as also the treble duties for every Hogshead or five hundred pounds of Tobacco and for every Tun concealed one Moitie to the Informer and the other Moitie to the Kings most Excellent Majesty his Heirs and Successors to and for the uses above mentioned and to be recovered by action of Debt Bill or Plaint by virtue of this Act against which no essoing wager of Law or protection to be allowed to any person so offending And it is hereby further Enacted by the Authority aforesaid that the Respective master of every Ship and Vessel shall enter into a Bond of Twenty Pounds Sterling to the Kings most Excellent Majesty his Heirs and Successors for the payment of the Duties of so many Hogsheads or five hundred pounds of Tobacco as shall upon due Certificate appear to be entred in the Custom-house in England more than shall be entered and paid to the Respective Collectors and other Officers in Virginia unless the said Collectors and Officers be fully satisfied of the true number of Hogsheads and Freight of the said Ships and Vessels the said Bond to be made without any Fee and to be void to all intents as if never made if not put in suit upon due Certificate to be procured by the Respective Collectors from the Custom-house in England within one year from the making thereof which said Collectors and other Officers are hereby required to use their utmost diligence in the due execution of this Act and shall be allowed their usual salleries or such other as by the Governour or Commander in Chief for the time being with the advice of the Council shall be adjudged necessary for Collecting the said imposition which said Governour or Commander in Chief for the time being is also hereby further Authorized and impowered from time to time with the advice of the Council as is before specified to give such reasonable allowances and encouragement as shall be adjudged fitting not exceeding ten per Centum to such Masters of Ships or other persons as shall give in true accounts and advance and pay down the above mentioned dutys either in money or good and sufficient Bills of Exchange to the satisfaction of the Respective Collectors Provided always and it is hereby Enacted and declared by the Authority aforesaid that the Act of Assembly in the Printed Book Intituled Imposition of two shillings per Hogshead made at a Grand Assembly held at James City the 23d of March 1661. also one other Act Intituled An Act for the imposition of two shillings per Hogshead made at James City the second of December 1662. also one Act in the Printed Book Intituled Castle-duties to be paid made at a Grand Assembly holden at James City the 23d of March 1661. and all other former Acts for the raising or levying of two shillings per Hogshead Impost upon Tobaccoes exported out of this his Majesties Colony of Virginia or for raising or levying Castle Duties Tunnage or head-money be and are hereby by vertue of this Act fully Repealed and made void to all intents and purposes any thing in this Act or any other Law Statute Custom Usuage or instructions whatsoever to the contrary notwithstanding Provided also and it is hereby Enacted and declared by the Authority aforesaid that the Priviledges of Virginia-Owners of Ships expressed and set down in the CXXXIIII Act in the Printed Book Intituled Priviledge of Virginia-Owners made at James City the 23d of March 1661. and one Act made at James-City the 20th of October 1669. Intituled An Act for freeing Virginia-Owners from Castle-Duties shall be and are hereby meant and intended to be in full force power and virtue to the benefit use and priviledge of all and every such Owner or Owners any thing in this Act or any other Act Law Statute Custom usuage or Instructions whatsoever to the contrary notwithstanding IV. An Act for continuation of the several Fortifications and Garrisons at the heads of the four great Rivers WHereas the number of Soldiers at the several Garrisons apointed by Act of Assembly made at James-City the 25th day of April 1679. is found too chargeable for the great poverty of the Inhabitants of this Countrey and longer to lye under and nevertheless the holding up any maintaining the said Garrisons and Fortifications against the incursions of the Indian-Enemy is deemed of absolute necessity Be it therefore Enacted and it is hereby Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly that the clause in the said Law appointing Forty Tithables to set forth one Souldier be from henceforth wholly repealed and made void and that the said Garrisons and Fortifications be continued and that from henceforward the number of Soldiers at each Garrison Each Garrison to have twenty Souldiers besides the chief Commander over and besides the Commander in chief thereof be twenty in number out of which number two Corporals to be chosen by each Respective Commander in chief and that such twenty Souldiers for each Garrison as aforesaid be appointed and chosen as also their Horses Arms and Furniture out of those who are now there or ought to be there by each Respective Commander proportionally out of the several Counties to which they appertain and that for a supply of the said twenty Souldiers Horses Arms or Furniture so made choice of as aforesaid and happening to dye or any ways become disabled by sickness or otherwaies that then such dificiency upon notice given by the Commander in chief to the Justices or first in Commission of such County-Court to which County such Souldier or Souldiers c. shall belong shall forthwith be supplied according as the aforesaid Act of Assembly made the 25th of April 1679. directs and it is further Enacted by the Authority aforesaid that each Officer and Souldiers pay shall be and continue as is set down in the said recited Act of Assembly which charge shall
be borne and allowed by the Publick and for the lessening the charge heretofore brought for transporting provisions and the better and more sure providing the same Be it Enacted by the Authority aforesaid that each Souldier be allowed such Proportions of Corn and Meat as is set down in the before recited Law and that Collonel William Bird as undertaker in this Present Assembly do forthwith begin and all along continue from four months to four months Persons intrusted to make Provision for the Souldiers belonging to the Garisons to provide and furnish the provision and Corn for the Garrisons and Souldiers at the head of James River and deliver the same so convenient to the Garrisons as that the same may be conveniently secured and fetcht in by the Souldiers thereof without further charge to the Country Their Allowanâ—â— For which Provisions he the said Colonel William Bird shall be paid and allowed by the publick after the rate of two Thousand pounds of Tobacco and Cask per Annum for each Souldier at the said Fort and that Captain John Langhorn as Undertaker in this present Grand Assembly make like Provisions and delivery thereof for York River Fort and have like pay from the publick and that Robert Beverly as Undertaker in this present Grand Assembly make like Provisions and Delivery thereof for Rapahannack River Fort and have like pay from the publick and that the Rules in the former Law be observed for providing Provisions for Potomack Fort and because by Reason of the Poverty of this Countrey the number of Souldiers appointed for each Garrison at the Countreys charge is so few and that in all likelyhood there may be found emergent Occasion to Reinforce each Garrison with one or more Souldiers his Excellency is humbly Requested as he shall see cause from time to time to place in each Garrison such Number of his Majesties Foot-souldiers now in the Countrey as from time to time shall be thought fit and needful and for such Souldiers so placed their Allowance of Provisions shall be from time to time made and provided at the Countrys charges as is proportioned and allowed for the other all such Souldiers being furnished and supplyed with his Majesties Arms and Ammunition and provided with their own Bedding to be carryed to such Garrison at the charge of the countrey and to the end such Provisions as aforesaid may be always ready and at hand it is hereby Enacted by the Authority aforesaid that every Undertaker hereby and herein in this Act nominated do for the first four Months and for every other succeeding four Months provide and lay in for each Garrison five Months proportionable Allowance and also from time to time furnish such other quantities proportionable and for each such Supernumerary Souldier as shall be sent according to the time such Souldiers shall be continued there Five Months Provisions in each Garrison and as the said Undertakers shall from time to time receive Notice thereof and Direction for the same from each Respective Commander in chief for such Garrison as he hath Undertaken for and for such Provisions he shall be paid by the publick according to the Rates before mentioned Provided always and his Excellency is desired if he see cause to draw off ten of the Souldiers from each Garrison for the ease of the Country supplying the same with ten of his Majesties Souldiers at each Garrison and such ten to have the Horses Arms and Furniture of those that shall be withdrawn V. An Act for Cohabitation and Encouragement of Trade and Manufacture THis present General Assembly having taken into their serious consideration the great necessity usefulness and advantages of Cohabitation in this his Majesties Colony of Virginia and observing and foreseeing the great extremities his Majesties Subjects here must necessarily fall under by the present and continued Lowness of the price of Tobacco the only Commodity and Manufacture of this Countrey if the same be not by all prudential wayes and means prevented and considering that the building of Store-houses for the reception of all Merchandizes imported and receiving Securing and laying ready all Tobaccoes for exportation and for Sales and disposal of all Goods Merchandizes and Tobaccos imported or exported into or from this his Majesties Colony of Virginia will be one great means of advancement thereof do pray your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majestie by and with the Consent of the General Assembly and it is hereby Enacted by the Authority aforesaid Fifty Acres of Land in each County shall be set apart to Erect Store-houses upon for the use of the said County that thereby within two Months next and imediatly after publication hereof in every respective County within this his Majesties Colony fifty Acres of Land purchased by the Feoffees of the several Counties at the rates herafter set down and measured about laid out and appointed for a Town for Store-houses c. for such County as is hereafter set down and Expressed that is to say Places in each County where the said Store-houses shall be built In Henrico County at Verina where the Court-house is In Charles-City County at Flower-de-hundred over against Swynyards In Surry County at Smiths Fort. In James-City County at James-City In Isle of Wight County at Pates-field at the parting of Pagan Creek In Nanzemund County at Collonel Dues Point alias Huffs-point In Warwick County at the mouth of Deep Creek on Mr. Mathew's Land In Elizabeth-City County on the West-side Hampton River on Mr. Thomas Jarvis his Plantation where he now lives In Lower Norfolk County on Nicholas Wise his Land on the Eastern Branch of Elizabeth River on the Entrance of the Branch In York County on Mrs. Redds Land where the Shipp Honours Store was including the Low Beach for Landing Wharfes c. and the Old field where Webber dwelt for Cohabitation In new Kent County at the Brick-house along the high Land in the old field from Marsh to Marsh In Glocester County at Tindalls Point on Tindalls Creek side on John Williams his Land In Middlesex County on the West-side of Ralph Wormleys Esquire his Creek against the Plantation where he now lives In Rappahannack County at Hobbs his hole In Stafford County at Peace point at the mouth of Aquia on the North-side In Westmorland County at Noming on the Land of Mr. William Hardridge In Accomack County at Colverts Neck on the North-west-side at the head of Anancock Creek In Northampton County at the North-side of Kings Creek beginning at the mouth and so along the Creek on the Land belonging to Mr. Secretarys Office In Lancaster County on the North-side Corotomen River against the place where the Ships ride on a point of Land belonging to Mr. Edward Carter about a quarter of a mile up the Creek which divides Mr. Thomas Chewnings and the Court-house In Northumberland County at Chickacony And Be it forther Enacted by the
Authority aforesaid and it is hereby Enacted That the price to be paid by each County for each respective Fifty Acres of Land nominated as aforesaid shall be ten thousand pounds of Tobacco and Cask which summ the Owner or Owners thereof shall be and are hereby constrained to accept What price the County shall pay for the said fifty Acres of Land take and receive as a full and valluable price and consideration for the said Land for ever and for which he shall pass and acknowledge an authentique Deed in Law to such person or persons his or their heirs and assignes for ever as shall be nominated by the Justices of the County-court as Feoffees in trust and to and for the use of the County And for Encouragement of all and every such person and persons as will build a dwelling House and a Ware-house thereupon every such person and persons shall have assigned him or them by the Justice or Justices of the County Feoffee or Feoffers in the Deed named or in case of the Death or absence of one or more of them then by such other as shall be appointed by the Court Encouragement to such as will build a Dwelling house on the aforesaid Land one half Acre of the said Land in Fee-simple he paying to the County one hundred pounds of Tobacco and Cask and building such Dweling-house and Ware-house thereupon as by this Act is enjoyned and in case any person shall desire more then one half Acre that then there be assigned him one half Acre more in manner aforesaid he building thereupon one other Dwelling-house and one Ware-house and paying the County one hundred pounds of Tabacco and Cask for the same And it is hereby further Enacted that every such person or persons as shall desire and purchase such Lands as aforesaid and shall not begin to build thereupon within three Months after such purchase and so continue to the finishing such building as by this Act is enjoyned shall forfeit all such Tobaccos and Land the same to revert to the County so as to be Sold and assigned to any other person or persons desiring the same on the prices Conditions aforesaid And it is hereby further Enacted that the Surveyor or Surveyors appointed to lay out the said fifty Acres in the several appointed places Surveyors of the said Land shall be paid by the Publick Their Allowance be paid and allowed by the Publique according to Act of Assembly and that every Surveyor for Laying out every Dividual half Acre and giving a Plot thereof shall be paid by him that shall imploy him twenty pounds of Tobacco and Cask and no more And such Surveyor as upon timely notice given him shall refuse to survey and lay out the same or shall demand more then what is herein allowed upon due proof thereof made shall pay to the party agrieved five hundred pounds of Tobacco to be recovered by Action of Debt in any Court of Judicature And be it further Enacted by the Authority aforesaid and it is hereby Enacted that all Tobaccoes whatsoever which shall be made within this his Majesties Country from and after the first day of January next ensuing All Tobaccoes and other Goods and Merchandizes what ever of the growth of this Colony to be exported shall be brought to the places aforesaid and all other Goods and Merchandizes whatsoever of the growth of this Colony to be Exported shall be brought to the said appointed places where all such Tobaccoe and all Goods and Merchandizes whatsoever of the growth or production of this Colony are to be bought sold Shipt off and freighted and whosoever shall presume to Buy Sell freight or Ship off any Tobacco or other Goods and Merchandizes aforesaid next after the time aforesaid before the same is brought to such appointed places upon due proof thereof made shall forfeit and lose all such Tobacco or other Merchandizes whatsoever one half to his Majestie and the other half to the informer any Law Usage or Custom to the Contrary notwithstanding And all Goods Wares English Servants Negroes and other Slaves and Merchandizes whatsoever that shall be imported into this Colony Goods Imported shall be Landed and sold there from or after the 29th Day of September which shall be in the year 1681. shall be landed and laid on shoar bought and Sold at such appointed places as aforesaid and at no other place whatsoever under like penalty and forfeiture thereof Provided alwayes that it shall and may be Lawfull for any person whatsoever to have liberty to buy and Sell between themselves any Horses Mares Cattle Horses Cattle English graine c. and other Provisions excepted Sheep Corne English graine or any other manner of provisions whatsoever and also liberty to carry Hides to the Tanners where the Tan-houses are any thing in this Act to the contrary notwithstanding And to prevent Exactions that may be used by Sloop-men who must necessarily be imployed to bring the said Tobaccoes to the said appointed places and for the Owners of Ware-houses for Storage thereof it is hereby Enacted that the Owner of the Tobacco bringing the same to the Waterside where it is to be taken on Board Prices appointed for sloop-hire from the said Warc-houses shall pay for Sloop-hire no more then Twenty Pounds of Tobacco and Cask for each Hogshead if the said Tobaccoes be within thirty miles of the said Ware-house to which it is to be brought and at what distance soever further forty pounds of Tobacco and Cask for each Hogshead and no more upon penalty of forfeiting one hundred pounds of Tobacco and Cask for each Hogshead by him who shall demand receive or take more to the use of the Party grieved and for Storage of any Hogshead of Tobacco in any Ware-house the Owner thereof shall pay to the Ware-house-keeper ten pounds of Tobacco for the first day or for a Month and for every month after six pounds of Tobacco and no more And whereas there are several persons who are so Remote from Landings proper for taking their Tobaccoes on Board the Soops or Boats for Transporting the same to the appointed places It is therefore hereby further Enacted that in case any Person or Persons Owners of such Lands which shall be convenient to build a house upon convenient for securing such Tobaccoes until the same can be shipped shall refuse to build such house for securing such Tobaccoes as aforesaid that in sucb cases liberty be granted and liberty is hereby granted to any person or persons whatsoever for so much Land as he or they may conveniently build such fitting house upon for securing such Tobaccoes as shall be brought thither in order to transporting the same to the Ware-houses appointed by this Act he or they who shall desire the same and build thereon according as by this Law is intended paying to the Owner thereof such Price and Prices as are set down and ordered to be paid in the
Ship or Vessel with all their Apparel and Furniture to them and every of them belonging and the Master Penalty upon such as are privy therâ—o Marriner or Seamen thereof knowing such offence or being aiding or assisting thereunto shall forfeit all their Goods and Chattels and have Imprisonment for the space of three months without Bail or Mainprize the one Moity of which said Penalties and Forfeitures shall be to the Kings Majesty his Heirs and Successors and the other Moity to him that will sue for the same by action of Debt Bill Plaint or Information in any Court of Record wherein no Essoin Protection or wager of Law shall be allowed And be it further enacted by the authority aforesaid That every offence that shall be done or committed contrary to this Act shall and may be enquired of heard examined tryed and determined in the County where such Iron Wool Wolfels Skins or Hides or any manner of Leather Tanned or Untanned of Deer Ox Steer Bull Cow or Calf respectively shall be so loaden or laid on Board as aforesaid contrary to this Act or else in the County where such Offender shall happen to be apprehended or arrested for such Offence in such manner and form and to such effects to all intents and purposes as if the same had been wholly and altogether commited at and in such County Provided always and be it Enacted by the authority aforesaid that no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid unlsss such person or persons shall be Prosecuted within two years next ensuing such offence committed Prosecution shall be made within two years after the Offence committed And be it further Enacted by the authority aforesaid that it shall and may be lawful to and for any person or persons to seize take and challenge to his and their own use and behoof and to the use of the King his Heirs and Successors all and all manner of such Iron Wool Woolfels Skins or Hides Tanned or Untanned of Deer Ox Steer Bull Any Person may make seizure of such Iron Wool Hides c. as are found on Boaod for exportatien and shall have the Moity thereof for so doing Cow or Calf as he or they shall happen to see find know of or discover to be laid on Board of any Ship or other Vessel or Boat to the intent and purpose to be exported or conveyed out of the Country contrary to the true meaning of this Act and that such person or persons that shall happen to seiz take or challenge any such Iron Wool Woolfels Skins or Hides Tanned or Untanned of Deer Ox Steer Bull Cow or Calf as aforesaid shall have the full Moiety thereof to all intents and purposes And be it further enacted by the authority aforesaid that whatever person or persons shall from and after the first day of January next sell or dispose vend or barter to or with any Merchant not being an Inhabitant of this Country or to or with any Master of or Marriner or other person belonging to any Ship Vessel Boat or Sloop any Iron Wool Woolfels Skins or Hides or any manner of Leather Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf the person or persons so offending and being thereof lawfully convicted shall forfeit and pay for every Hide or any manner of Leather Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf one hundred pounds of Tobacco and for every pound of VVool or Woolfels twenty pounds of Tobacco and for every pound of Iron five pound of Tobacco sold so disposed or batered as is aforesaid the one half to his Majesty his Heirs and Successors and the other half to him or them that will sue for the same by Action of Debt Plaint or Information in any Court of Record wherein no Essoin Protection or wager of Law shall be allowed or granted And for the better putting this Act into Execution Be it enacted by the authority aforesaid that all Justices of the Peace in every Respective County Justices of Peace shall sue Warrants to the Sheriffs or other Officers to be assisting in the seizure in case of Oposition be required and enjoyned upon notice to him or them given of any Skins Iron Wool VVoolfels Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf being on Board any Ship Sloop or Vessel or of any opposition resistance made in the seizure thereof to issue out his VVarrant to the High-Sheriff Under-Sheriff Constable or other Officer Requiring them to go on board such Ship Sloop or Vessel and there to make diligent search and seizure of the said Hides Skins Iron Wool Woolfels or any Leather Tanned or Untanned found on board the Ship Sloop or Vessel or if any Justice or Justices of the peace upon Request to him or them made Refuse or Neglect to Issue out Warrant or any Sheriff under-Sheriff or other Officer shall Refuse to execute such Warrant he or they so offending shall forfeit three thousand pound of Tobacco and Cask or if any person or persons Penalâ—ies upon such Justices Sheriffs and others as shall not give due obedience to this Act. shall upon command made to him in his Majesties Name refuse to be aiding or assisting to such Sheriff or other Officer in the Execution of such Warrant every such person so offending shall forfeit the sum of one thousand pounds of Tobacco with Cask one half of all such Fines and Forfeitures to be paid to the Kings Majesty and the other half to him or them that will inform to be recovered as is before directed And it is further Enacted by the authority aforesaid that every Collector in this Country shall at the entry of every Ship or Vessel acquaint every Master of such Ship or Vessel with this Act and enter a particular clause in the condition of their Entry-Bond for the performance of the same Provided alwayes and it is the true intent and meaning of this Act that if any person or persons shall hereafter be sued or impleaded by vertue hereof for the breach of any clause or prohibition herein contained upon the Forfeitures or Penalties herein before mentioned expressed or provided that then and in such case such person or persons so prosecuted sued or impleaded shall not be liablebe subject to be sued impleaded or Prosecuted by any other Law heretofore made or provided against the exportation of any of the Hides Iron Wool Skins or other things herein before enumerated any other or former Law The time this Act shall continue in force Custom or Usage to the contrary notwithstanding Provided also that this Act shall continue in force until the tenth day of November which shall be in the year of our Lord 1685. and from thence to the end of the next Session of Assembly V. An Act Directing how Commissions of Dedimus Potestatem and other Writs shall Issue WHereas the present course of
signing Commissions of Dedimus Potestatem Writs of Execution and Attachment by the Governour in causes depending in the General Court is found by experience to be very Burthensome and grievous to Suiters the Burgesses now assembled do pray That it may be enacted and be it enacted by the Governour Council and Burgesses of this present General Assembly and by the Authority thereof that all Writs or Commissions to examine witnesses called Dedimus Potestatem A Dedimus Potestatem may be signed by any Member of the Council at the Request of either of the Parties Plaintiff or Defendant in any cause now depending or which shall or may hereafter depend in the General Court shall and may be issued and signed by any one of the Honourable Council in such Form and according to such Rules and Directions as are by Law already prescribed and laid down and that all writs of Execution and writs of Attachment awarded by any Order or Judgment of the said Court shall and may be issued forth of the Secretaries Office by the Clerk there attending and for that purpose authorized by the Secretary and by him signed without putting the parties to the trouble of attending Writs of Execution and Writs of Attachment how to issue or sending to the Governour for his sign as hath been formerly used and all such writs to be Returnable to the Secretaries Office any former Law Custom or Usage to the contrary notwithstanding VI. An Act Repealing the sixth Act of Assembly of June 1680. about Attorneys FOrasmuch as the sixth Act of Assembly made at James-City the 8th day of June 1680. concerning Attorneys is found inconvenient Be it therefore enacted by the Governour Council and Burgesses of this General Assembly and it is enacted by the Authority aforesaid that the aforesaid Act of Assembly and every clause thereof from henceforth be Repealed and made Void VII An Act Disbanding the present Souldiers in Garrison in the Forts at the Heads of the several Rivers as also for the Raising of other Forces in their stead WHereas the present Garrisons in the several Forts built according to an Act of Assembly held at James-City the 8th day of June 1680. Intituled An Act for Continuation of the several Garrisons and Fortifications at the heads of the four great Rivers are by experience found very burthensom and chargeable to the Country and forasmuch as the apprehensions of Dangers from the Incursions of certain Indian-Enemies induced that Assembly to erect those Forts and place those Garrisons in them are for the most part removed by peace concluded with those Indians then our Enemies the House of Burgesses now assembled do pray that it may be enacted and be it enacted by the Governour Council and Burgesses of this General Assembly and by the authority thereof that the several Forts and Garrisons be dismantled and the Forces Officers and Souldiers therein and in each of them disbanded some time between this and the 30th day of this instant December and that each Officer and Souldier by the time aforesaid do actually deliver up his Horse Arms and Furniture to the Respective Owners of them and forasmuch as it may be dangerous and of evil Consequence to leave the frontiers of the Country and heads of the aforesaid Rivers altogether ungarded it is hereby enacted that twenty men well furnished with Horses and all other Accoutrements be raised and listed in each of the Counties of Henrico New-Kent Rappahannack and Stafford Twenty Men well furnished with Horses shall be raised in each County viz. of Henrico New-Kent Reppahanuack and Stafford of such House-keepers belonging to the said Counties as shall voluntarily offer themselves for this Service and for want of such or so many House-keepers that then the said Number shall be made up of such freemen as shall willingly offer themselves and give security to the Militia-Officers of that County to perform all services and other things as by this Act is enjoyned them but in case such twenty men quallified as aforesaid shall not be found in each of the said Counties then it shall and may be Lawful for the Militia-Officers of the said Counties to impress such and so many men furnished as aforesaid as shall be wanting to compleat the number required by this Act and his Excellency the Governour General or in his absence the Right Honourable the Lieutenant or Deputy Governour is hereby desired to make choice of and commissionate some fit and able Person in each of the aforesaid Counties who is a House-keeper therein to command lead train conduct and exercise the said Twenty souldiers to be raised in the said County of which he shall be appointed and commissionated by his Excellency the Governour General the Lieutenant or Deputy Governour as is aforesaid And it is further enacted That the chief Officers of the Militia in each of the said Respective Counties shall make choice of the most able and fittest person out of such twenty men as to them shall seem most fit and convenient to be Corporal of the said Troop of that County who in the absence of the Captain of the Troop occasioned by sickness or otherwise is to Lead Train Command and Exercise the said Troop or Company of Twenty Men and be it enacted by the Authority aforesaid That the pay of each Officer and Souldier shall be as followeth to the Captain of each Troop finding himself Horse Armes Ammunition and Provision eight Thousand pound of Tobacco with Cask out of the Publick Levy for one whole year and so after that Rate for a shorter or longer time The Captain of each such troop consisting of 20 men shall have 8000 l. of Tobacco and Cask per Annum To the Corporal of each Troop Three Thousand Pounds of Tobacco with Cask as aforesaid for one whole year and so after that Rate for a longer or shorter time to each Souldier finding himself Horse Armes Furniture Provision Ammunition and other necessaries as aforesaid two thousand pound of Tobacco in Cask as aforesaid and so after that Rate Corporals and private Souldiers pay for a longer or shorter time And be it enacted by the authority aforesaid that each Captain or in his absence his Corporal shall once every Month Muster Train Exercise Instruct and Discipline the Troop or Souldiers under his Command The said troops shall be trained and Exercised once a Month. on pain to forfeit five hundred pounds of Tobacco in Cask for every time he shall neglect such Muster or Exercise unless occasioned by sickness and that every Captain or in his absence occasioned by sickness his Corporal shall at the least once in every fourteen days Range and Scout And shall once in every 14. dayes range scout about the frontiers of the County for which they serve about the Frontiers of the County for which they serve and in such other places as shall be most likely for the Discovery of the Enemy under pain of forfeiting for
every time he shall neglect such Ranging and Scouting one Thousand pounds of Tobacco and Cask and that every Souldier that shall neglect or omit to appear at such Muster shall forfeit one hundred pounds of Tobacco in Cask and for not Scouting and Ranging as aforesaid two hundred pounds of Tobacco and Cask for every such default all which Forfeitures to be Recovered by Action of Debt by him or them that will inform the one half to the Informer and the other half to the use of the County And be it further enacted by the auhtority aforesaid that upon Notice Advice or Discovery of the Approach or Attempt of any Enemy the said Captain or Corporal of the Troop is hereby Required to give speedy Advice thereof to some one or more of the chief Officers of the Militia The Captain of the said troop upon approach of any Enemy shall give Notice thereof to the Officers of the Militia and he or they to his Excellency the Governour the Right Honourable the Deputy Governour or some one of the Honourable Council and in the mean time to observe and attend the Motion of the Enemy only unless he shall obstinately persist to commit Acts of Hostility and in such cases of Necessity to engage or destroy them if he see cause and in all things to attend and execute such Orders and Commands as he shall receive from the Governour and Council And it is further enacted That for their better Management and Orâ—ering their Horses and making them fit for service no Souldier presume to use or bring to service any other Horse then that only which shall be first Mustered and approved of of which each Captain is to take such Particular Notice as that he may know the Horse again unless in case such Horse shall be by some accident made unfit for service in which case such Souldier may provide himself of another able Horse in his stead which he is likewise not to part with unless for his first Horse again and this Act to continue in force for three years from the first day of January now next ensuing Provided always and be it enacted by the Authority aforesaid That the aforesaid Recited Act of the 8th of June 1680. Intituled An Act for the Continuation of the several Garrisons and Fortifications at the Heads of the four great Rivers be Repealed and it is hereby Repealed for three years under his Majesties good Liking and after until his Majesties Pleasure shall be signifyed to the contrary any thing herein to the contrary notwithstanding VIII An Act imposing further Penalties upon any person or persons that shall Publish or Declare that the Acts of Assembly of Virginia are not of force THis Assembly taking into their serious consideration that divers ill disposed persons wickedly intending to invalid the Laws of this Country and bring them into contempt and disrepute have moved and stirred certain doubts whether there be any Laws in force and efficacy so as to be binding to his Majesties Subjects being in this his Majesties Dominion of Virginia for preventing of such mischiefs Be it enacted by the Governour Council and Burgesses of this General Assembly and it is hereby Enacted and declared That if any person or persons shall at any times after the Publishing this Present Act maliciously and advisedly publish and declare by words or writing the Acts of Assembly of Virginia not repealed expired vacated or annulled by the Kings Most Excellent Majesty are not of force or binding within this his said Majesties Dominion to all his Majesties Subjects inhabiting or being therein such person or persons so offending shall be adjudged deemed and taken to be factious and seditious and contemners of the Laws and being thereof lawfully Convicted shall for the first offence be fined one Thousand Pounds of Tobacco and suffer one months Imprisonment without Bail or Mainprize and for the second offence Two Thousand Pounds of Tobacco and two months Imprisonment and for every such offence after double the Penalties and Forfeitures aforesaid one half of which Forfeitures to the Kings Majesty his Heirs and Successors and the other half to the Informer to be recovered by action of Debt in any of his Majesties Courts in this his Majesties Country which said Penalties are to be added and imposed over and besides all other Punishments that may be legally inflicted on such Offenders IX An Act Repealing an Exception in the 9th Act of Assembly made Anno 1664. WHereas the 9th Act of Assembly made at James City the twentieth day of September 1664. Intituled An Act concerning Arrests in Court-time exempt the Inhabitants of James-City-County from the benefit thereof leaving them lyable to Arrests in time of General Courts and Assemblies which is found injurious to many of the Inhabitants of the said County Be it therefore enacted by the Governour Council and Burgesses of this General Assembly and it it enacted by the authority aforesaid that the latter clause of the said Recited Act whereby the Inhabitants of the said County are excepted out of the said Act The Inhabitants of James-City-County freed from Arrests during the General Assembly be repealed and made void and that the Inhabitants of the said County have equal benefit of the said Recited Act with the other Inhabitants of this Country Provided alwayes nevertheless that this Act shall not extend to the Inhabitants of James-City but that they and every of them shall be lyable to Arrests in Court-time as though the Exception in the said Act of Assembly But not the Inhabitants of James-City Anno 1664. did still remain in full force any thing in this Act before mentioned to the contrary notwithstanding X. An Act that Witnesses be free from Arrests FOr asmuch as many Persons Summoned or Subpena'd as Evidences in Causes depending in the Courts of this Countrey many times fail in appearing for fear of being Arrested when they appear at Courts as Witnesses whereby many times many Inhabitants of this Countrey lose their Suits and just due Be it enacted by the Governour Council and Burgesses of this General Assembly and it is enacted by the Authority aforesaid that from henceforth all Persons Subpena'd as Evidences or Witnesses in any Cause or matter depending in any Court in Virginia shall be free from Arrests for any Debts or Trespass except at the Kings Suit during their Attendance at Courts and their direct coming to Court and Returning Home XI An Act for the Encouragement of the Manufactories of Linnen and Woollen Cloth BE it Enacted by the Governour Council and Burgesses of this General Assemby and it is hereby Enacted by the Authority aforesaid That what person or persons soever shall produce to the County-court where he or they shall Reside a Certificate under the hands of two Justices of the Peace of the same County whereof one to be of the Quorum that such Person or Persons have produced to them upon Oath of his or their own Growth or
they shall be Built ibid. The Dimensions thereof ibid. Necessaries to be provided for the said Store-Houses and the persons appointed to procure the same Page 230. The proportions of Men which the several Counties shall send to the Garrisons Page 233. Each Garrison shall be supplied with a good Boat and Oars Page 234. Four of the Neighbouring-Indians to each Garrison shall attend there ibid. Ammunition to be kept in Garrisons for store Page 235. An Act for the continuation of the several Fortifications and Garrisons at the heads of the Four great Rivers Page 257. Each Garrison to have Twenty Souldiers besides the Chief Commander Page 258. Persons intrusted to make Provision for the Souldiers belonging to the Garrisons ibid. Their Allowance ibid. Five Months Provision to be laid in for each Garrison Page 259. Grievances An Act for presentation and delivery of Grievances Page 273. Sheriffs of each County shall before every Session of Assembly appoint a time and place for receiving Presentments of Grievances Page 274. Such Presentments of Grievances shall be signed ibid. H. Hatts ALlowance by the Publick for Hatts made of Wooll or Furre of the growth of the Countrey Page 298. Hides and Skins Prices to be allowed for Hides Page 82. Hides not to be exported Page 83. Such as sell Hides for exportation fined 1000 l. of Tobacco for every Hide so sold Page 115. An Act prohibiting the exportation of Raw-Hides and Deer-Skins Page 274. Hides and Skins shall not be exported upon penalty of Forfeiture Page 285. Hogs Licences for hunting of Wild-Hogs Page 54. Stealers of Hogs shall pay Two hundred pound of Tobacco half to the Owner and half to the Informer Page 88. Or else shall serve two years one to the Owner and one to the Informer ibid. Hogs belonging to Indians shall have a particular mark signifying to what Town they belong Page 194. An additional Act for the better preventing Stealing of Hogs Page 236. Persons the Second time convicted of Stealing Hogs shall stand in the Pillory with their Ears nailed thereto ibid. And the third time shall be prosecuted as Felons ibid. Horses Stray-Horses Page 82. Stray-Horses Cattle c. shall within a Month after they are taken up be cried publickly in all the Churches and Chappels of the County Page 83. What is to be done in case the Owner be not found ibid. The Act levying Money on Horses for Encouraging the killing of Wolves repealed Page 131. No Horses or Mares to be exported upon penalty of Seizure Page 162. I. Impositions IMposition of Two Shillings upon every Hogshead of Tobacco shipped for Exportation Page 90. Imposition of 10 s. per Hogshead Page 93. Inhabitants of this Countrey trading on Bottoms belonging to Virginia-Owners freed from payment of the 10 s. per Hogshead Page 94 An Imposition of 2 s. per Hogshead upon Tobacco exported Page 112. Upon default of payment to be confiscated Page 113. The Imposition of 10 s. per Hogshead repealed Page 134. Who are exempted from the payment of Two Shillings per Hogshead Page 260. Impress The price for the Hire of things Impressed shall be ascertained Page 223. VVages allowed to men impressed for the Publick or County-Service ibid. Rates allowed for Horses impressed ibid. Horses dying or being killed or disabled in the Countries Service the Justices and Militia-Officers may Impress others in their room Page 231. Indians Acts concerning the Indians Page 96. No Englishman shall make purchase of any Lands now justly claimed or actually possessed by the Indians Page 97. No Injuries shall be done to the Indians ibid. The Indians shall be assisted in making a Fence ibid. Poor Indians permitted to Fish for Oysters and gather wild Fruits provided they come not Armed Page 98. None shall buy or receive any Commodities of the Indians without Licence ibid. Differences arising in Trading with the Indians shall be referred to the Governour ibid. No person shall Imprison an Indian King without Licence from the Governour and two of the Council Page 99. Indians shall not come within the Bounds of the English without Badges ibid. Indian Kings who are Tributary to the English shall acquaint them of any Invasion they know of intended by any strange Indians upon this Collony Page 100. Penalty of harbouring Run-away-Indians ibid. None shall entertain any of the Neighbouring Indians for Servants without Licence from the Governour Page 101. None of the English shall entertain Indians without Badges Page 120. Whosoever shall sell Arms to the Indians shall for the first offence be fined 10000 l. of Tobacco and for the second be prosecuted as a Felon Page 132. An Act concerning Murthers committed by the Indians Page 134. The Weromance or Chief Commander of the Indians shall be chosen by the Governour of Virginia Page 135. None shall entertain Indians without Licence from the Governour ibid. Indians and Negroes may buy their own Natives but not Christians Page 168. Indians permitted to come into Henrico-County Page 174. Trade permitted with the Indians Page 217. At what places and times Marts or Fairs shall be held for Trade with the Indians ibid. Hâ—w long such Marts or Fairs shall continue ibid. Penalty upon such as shall Trade with the Indians at other places or times than is appointed Page 218. Account shall be taken of what is bought and sold at such Fairs ibid. Indians resorting to the said Marts or Fairs shall not come Armed Page 219. An Act for Defence of the Countrey against the Incursions of the Indians Page 229. An Act Licensing a Free-Trade with the Indians Page 270. The time the said Act shall continue in force ibid. An Act concerning Indians made October 20th 1665 re-inforced Page 277. Indian-Slaves c. though afterwards converted to Christianity shall continue Slaves still Page 283. Indian-Women Servants Tythable Page 284. The Act of the 8th June 1680 for preventing Insurrections of the Indians appointed to be read publickly in all Churches and Chappels of Ease twice every year Page 285. No person shall permit an Indian or Slave not belonging to him to continue upon his Plantation above four hours at a time without leave of the said Indians or Slaves Master ibid. Informers The Informer shall have the half of all Fines Page 123. Interpreters made to the Countrey Page 104. Iron not to be Exported upon penalty of Forfeiture Page 285. Judgments Acknowledgment of a Debt before two Commissioners shall be accounted in the nature of a Judgment and Execution shall issue in case of Non-payment Page 45. Judgment upon return of Non est Inventus Page 107. Juries Juries shall be chosen out of the Neighbourhood Page 20. The manner of proceeding by Juries in Cases Criminal ibid. What allowance Jury-men shall have for their Charges ibid. Juries appointed as well in County Courts as in the General Court Page 30. Grand Jury shall in each County twice in the year make Presentments Page 31. Delinquency of Grand Juries Fined Page 214. Justices of the Peace In what case a
Insurrections Page 272. Negroes shall not go armed nor depart from off their Masters ground without Certificate Page 273. Resistance of Negroes or other Slaves how punished ibid. Fugitive Negroes resisting such as are employed to apprehend them may be killed ibid. News Divulgers of False News fined 200 l. of Tobacco and to give Security for their good Behaviour Page 68. A Publick Notary appointed Page 96. O. Offices NO person not born in Virginia shall be capable of bearing Office there till he has dwelt Three years in the Countrey unless commissionated by his Majesty Page 204. Persons convicted in England shall be held uncapable of bearing Office in Virginia ibid. Ordinaries Ordinary-Keepers Accounts Page 70. Ordinary-Keepers shall sell by English Measures Page 71. None shall retail Drink without Licence ibid. An Act for restraint of Tipling-houses Page 160. Not above one or two Ordinaries or Tipling-houses to be in each County ibid. Except on Great Roads Ports c. ibid. Such as have Licences to keep them shall give Security to the County Court Commissioners ibid. Not more than two Ordinaries shall be permitted to be kept in one County exceptin that where the General Court is held Page 206. What Prices shall be paid at Ordinaries for Liquors Diet and Lodging Page 207. Prices for Horse-Pastorage and Oats ibid. Orphans Orphans shall be maintained by the Interest and Increase of their Stock if sufficient if not shall be bound Apprentices Page 50. Cattle Sheep and Horses belonging to Orphans shall be returned to them in kind when they come to Age ibid. Plate and Money shall be also returned in kind other Houshould-Stuff shall be appraised and sold Page 51. Ten per Cent. allowed to Guardians for collecting Debts due to Orphans ibid. Orphans Land not to be Aliened Page 52. Timber upon Orphans Land shall not be wasted and the Houses shall be kept in repair ibid. The disposal of Negroes belonging to Orphans referred to the County Courts Page 174 County Courts authorized to dispose of Orphans Estates Page 178. The Bounds of Orphans Lands to be laid forth and by whom Page 187. An Act for securing Orphans Estates Page 241. Administrators of Orphans Estates shall give good security Page 242. P. Parish Levies AN Act for the more equal laying of Parish Levies Page 209. Six able House-keepers may assist the Vestry in assessing of Parish Taxes ibid. Passes No Master of a Ship shall transport any person out of this Collony except the said Person produce a Pass Page 89. The Method to be observed in granting such Passes Page 90. Patents An Act concerning imperfect Patents Page 151. Former Patents shall remain firm and valid although no Record thereof be extant Page 152. All Patents shall for the future be compared with the Record before they pass the Office ibid. The price of double Patents Page 220. An Act for the setting the Form of Patents Page 225. Planting An Act giving liberty to Plant Page 127. Prison A Prison shall be built in each County Page 33. Breaking Prison shall be accounted Felony ibid. Who shall have the benefit of the Rules ibid. Such as dwell within the Rules shall not have the benefit of them Page 34. What persons shall have the benefit of the Act made for the relief of poor Prisoners Page 37. Processions Days to be appointed upon which Procession shall be made Page 60. Processions ordered to be continued Page 167. Q. Quakers QUakers shall be prosecuted by the Statute of 23 Eliz. Page 7. The unlawful Assembling of Quakers prohibited Page 115. Quakers c. Assembling to the number of Five under a pretence of Religious Worship how to be punished Page 116. Persons so offending being the third time convicted shall be Banished the Countrey ibid. Inhabitants that shall entertain Preaching-Quakers to be Fined Page 117. Quit-Rents Quit-Rents shall be collected by the Sheriff Page 40. They shall be paid in Tobacco or Money ibid. Quit-Rents may be paid in Tobacco at Two pence per pound Page 57. R. Records THe Records shall be carefully Stated Page 128. No person may be permitted to view them without Publick Orders except only the Clerks of the Office or whom else the Secretary shall appoint ibid. The Clerks Fee for searching the Records ibid. Provision made for the Relief of such as were Sufferers by the late Rebellion Page 249. Rivers Justices of the County Courts shall annually appoint the Surveyors of the Rivers and Creeks to clear the same from Trees Logs Rubbish c. Page 278. Such as shall Fell Trees into the Rivers and not clear away the same fined 500 l. of Tob co ibid. Roads An Act for Roads to Houses Page 156. Convenient Passage for Man and Horse shall be made to every Plantation ibid. Rum c. To be sold only in places appointed Page 88. Six pence to be paid for every Gallon of Rum and One penny for every pound of Pavele Sugar brought on Shoar at any other Port than is appointed by the Assembly ibid. The Act concerning Rum and Pavele Sugars repealed Page 129. Run-aways Run-away-Servants shall serve their Masters twice the time of their Absence after their time by Indenture is Expired Page 75. English-Servants running away in Company with Negroes how to be dealt withal Page 76. An Act concerning the pursuit of Run-aways Page 122. Pursuit of Run-aways to be made at the County Charge ibid. Such as shall entertain Run-aways fined Page 146 Corporal punishment may be Inflicted on Run-aways Page 158. The Rewards for apprehending of Run-aways limited Page 165. How Masters are to deal with Run-aways Page 166. The Duty of Constables in conveying Run-aways to their Masters ibid. The Neighbouring Indians required to seize Run-aways Page 182. The Recompence allowed them for so doing Page 183. How long this Act to continue in force ibid. S. Salt SAlt-work Page 81. Salt permitted to be again imported and sold in Northampton County Page 147. Secretaries Fees Page 102. An Act regulating the Secretaries-Office Page 128. Servants Servants how long to serve Page 72. Servants coming in without Indenture shall serve Five years if above Sixteen years of Age and all under till they are Four and Twenty ibid. Servants guilty of Fornication how to be punished Page 73. Hired-Servants Page 74. Servants when their time is expired shall take a Certificate of their Freedom and produce the same when they are entertained by other Masters ibid. Servants too rigorously dealt withal or wanting Necessaries may make complaint to the Commissioners Page 76. Against Unruly-Servants Page 77. Against Trading with Servants ibid. No person shall Trade with Servants without Licence or consent of their Masters ibid. Servants Goods shall be disposed of to their own use Page 106. Women-Servants gotten with Child by their Masters how to be dealt withal Page 108. An Act concerning Servants being the reputed Fathers of Bastard Children Page 109. Servants brought in without Indentures Page 110. Servants for Offences committed to receive corporal Punishment Page 133. The
for Encouragement to make Silk WHereas the Advancement for the making of Silk will undoubtedly tend greatest as to the present Honour and Reputation so to the future great benefit and profit of the Country It is Enacted that the former Encourae-gment of Fifty Pounds of Tobacco for every pound of wound Silk be allowed as formerly out of the Publick Fifty pound of Tobacco allowed by the Publick for every pound of Wound-Silk VII An Act for each County to send two Burgesses WHereas several Inconveniences have arisen by the Act giving liberty to the Counties to choose one or two Burgesses at discretion as the Retarding the business of the House when those single Burgesses are upon Committees or have any Suit of their own or differences between divers Parishes in the Counties Or have their Appearance hindred by Sickness or otherwayes In all which occasions the County that sends or part of it are deprived of the priviledge of their Representatives Each County to send two Burgesses It is Enacted that each County after this present Session shall be enjoyned to return two Burgesses for the better service of the Publick VIII An Act for Encouragement to Apprehend Run-awayes Vide Act the first Anno 1670. IX An Act for destroying Wolves Repealed by Act 10. 1670. At a Grand Assembly held at JAMES CITY the Third of October Anno 1670. I. An Act concerning Runaways VVHereas the Act made the last Assembly for encouragement to Apprehend Runnawayes hath seemed too Burthensome to the Publick by the greatness of the Sum there granted to the taker of them up And also difficient in some things very necessary for the restraint of Run-awayes Upon Consideration whereof It is Enacted Ordained by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof That the former Act of October 1669. be Continued in its full force But the Sum of one Thousand Pounds of Tobacco therein granted to the Taker of them up Rewards for the Apprehending of Runawayes limited shall be and hereby is reduced to two Hundred Pounds of Tobacco if the Runaway be found above ten Miles from his Masters House And one hundred Pounds of Tobacco if found above five miles from his Masters house to be paid by the Publick in the County where the Party dwells If it can be for every servant of what quality soever And that the servant not being Slave who are also comprehended in this Act after the expiration of his full time due to his Master shall serve any person he shall be assigned to by the Assembly or any Commissioner from them the Term of 4 Months for every two hundred pounds of Tobacco paid for him The Assigne giving Commission to the said Commissioners to repay the Tobaceo to the Publick And the Commissioners receiving such Commission to return it to the County-Court and the County-Court to the Assembly And that the said Runaway may be the more easily detected It is further Enacted that every Master having a Servant that hath Runaway twice shall be and hereby is Enjoyned and Commanded to keep his Hair close cut And that every Master failing herein How Masters are to deal with Runawayes shall be fined One Hundred Pounds of Tobacco for every time the said Fugitive shall after the second time be taken up half to the Publick half to the Informer And for the better preventing such attempts It is further Enacted That every Constable into whose hands the said Fugitive shall by any Commissioners Warrant be first Committed The Duty of Counstables in Conveying Runawayes to their Masters shall be and hereby is enjoyned by vertue of this Act though omitted in the Warrant to whip him severely and then to Convey him to the next Constable towards his Masters House who is to give him the like Correction and so every Constable through whose Precincts he passeth to do the like And that Constables may be the more Careful in their Offices It is further Enacted That every Constable into whose Custody the Runaway shall be Committed shall give a Receipt to the Constable or Party he receives them from to the end that if the said Fugitive should by negligence of any Constable make an escape such negligence might be discovered and for the Offence pay Four Hundred Pounds of Tobacco half to the Publick half to the Informer and the Fine io the former Act of One Thousand Pounds of Tobacco to be Repealed And because such Runawayes after the expiration of their time may by vertue of their Masters Certificate Remove from the place they dwell in and by such Concealment defraud the Publick of what hath been disbursed for him It is further Enacted That every Respective Master Owner of such Servants indebted to the Publick shall immediately after the time of such Servant is expired deliver him to the next Justice who is to deliver him to the next Sheriff to be secured till the next County-Court there to be Proceeded with as the Law directs unless such Servant can procure sufficient Security to pay the Penalty laid on him by the Act And that every Master giving Certificate before such Delivery of such Servant to the Justice shall Repay the Publick whatsoever bath been disburst for the Recovery of his Servant during the time he served him II. An Act Concerning Fences VVHereas the Act for Fences doth not sufficiently provide for Remedy of those many dammages done by Unruly Horses breaking into Corn-fields it is by the Authority of this Grand Assembly Enacted That the Owner of such Horses shall be and hereby is required and enjoyned to take some effectual course for Restraining them from Trespassing their Neighbours from the Twentieth of July to the last of October in every year it being much fitter that Rich-men who have the benefit of such Horses should provide for their restraint then the Poor enjoyned to the impossibility of very high Fences and if any Horse or Horses shall at any time break into any Corn-Field the Fence being four foot and a half high Fences of Corn-fields to be four foot and a half high then the Owner of such Horse or Horses upon proof of the dammage shall pay for the First Trespass single dammages and for every Trespass afterwards double dammages to the Party Grieved And because question hath been made about the sufficiency of Fences Dammages for Trespass according to the former Act enjoyning them to be close to the bottom It is hereby Enacted that being so close as nothing mentioned in the former Act can creep through is onely by that Act intended III. An Act for the Election of Burgesses and by whom VVHereas many endeavours have been used for the publick good in the Election of Burgesses and whereas the usual way of choosing is by the Votes of all Persons who having served their time are Freemen of the Country who having little interest in the Country do oftner make Tumults at the Election to the great
Provisions goods or Merchandize whatsoever without sufficient Warrant and that such Warrant be shewed to such Person from whom they are about to impress such Sloops Boats c. and that whosoever shall by vertue of a Legal Warrant impress any Sloop-Boat Shallop or Vessel shall thereby have power to cause two men of the ablest of the Neighbourhood to view and appraise such Vessel in the best of their Judgment Things Impressed shall be appraised by two men of the Neighborhood to the full vallue and also to ascertain the vallue of the hire thereof either by the day or by the Month and that Instruments or Writings be drawn intimating the vallue and also the price of the hire by the day or by the Month of which a Duplicate to be drawn the one of which to remain with the appraisers and the other part with the Owner or Owners of such Sloop-Boat c. and such Owner to bring such Instrument or Writing to the next County-court where if such Sloop Boat c. were imprest for the use of that County then to be paid out of the County Levy according to the Tenor of the Writing or Instrument but if the same were impressed for the use of the Publick then the County-court is to return Certificate of such writing or Instrument to the next Assembly where Satisfaction shall be made according to the Tenor of the said writing or Instrument but if it shall happen that such Sloop Boat c. shall be cast away or lost in the Service that then the Owner of such Sloop Boat Vessel Horses c. shall be at his choice whether he will have the vallue according to appraisement And the wages for the hire thereof ascertained or the wages ascertained in the writing which the publick or County must see punctually paid and if it shall happen that the publick or County shall have occasion to impress Provisions of what Nature or kind soever the impressor is likewise impowered to cause two men of the ablest of the Neighbourhood to appraise the same and return a note Certifying the quantity and price to the next County-court where if imprest for the Counties use to be paid out of the County Levy and if for the publick use the County-court to return an account thereof to the next Assembly where full Satisfaction shall be made according to the appraisement and if the County or Publick shall impress any man that he be paid if betwixt the tenth of September and the tenth of March Wages allowed men impressed for the County or publick Service ten pounds of Tobacco per day and if betwixt the tenth of March and the tenth of September fifteen pounds of Tobacco per day for the first ten days and if he shall be continued in such Imployment more then ten days at a time then for all such time as he shall serve above ten days between September and March after the rate of two hundred pounds of Tobacco per Month and betwixt March and September after the rate of three hundred pound of Tobacco per Month and if any Horse or Horses be imprest by the publick or County Rates allowed for Horses impressed the Owner or Owners of such Horses shall receive fifteen pounds of Tobacco per day for the first Twenty days and if he be continued longer then twenty days then for all the time he shall be imployed over and above the twenty dayes after the rate of ten pounds of Tobacco per day and before the Impressor shall take such Horse or Horses impress away he shall first bring two able honest men of the Neighbourhood to appraise the said Horse or Horses and a writing shall be drawn and signed intimating the vallue and if such Horse or Horses be killed in the Service or otherways lost it shall be at the choice of the Owner of such Horse or Horses to receive the vallue as appraised or the wages for hire if for the use of the County to be paid by the County if for the use of the publick to be punctually paid upon returning Certificate from the County-court as in case of Sloops and in case any person or persons shall notwithstanding this Law presume to impress and carry away any Sloop-Boat or other Vessel or any Cart Horse Arms Provisions or any other matter or thing whatsoever contrary to the true intent and meaning thereof shall be fined and amerced double the vallue of any such Sloop-Boat c. Horses Arms Provisions or any other matter or thing so by him Impressed and taken away to the use of the Owner or Owners of such Goods to be recovered by Action of Trespass in any Court of Judicature in this Colony IX An Act for setling the Form of Pattents MR. Secretary Ludwell having presented a new Form of a Patent exactly agreeing with the new and late Charter under the Broad Seal of England in these following words To all to whom c. I c. send c. Whereas His Most Sacred Majesty hath been graciously pleased by his Royal Letters Patents under the Great Seal of England hearing Date at VVestminster the tenth day of October in the twenty eighth year of his Reign amongst other things in his said Letters Patents contained to continue and confirm the Antient Priviledges and Power of granting fifty Acres of Land for every person imported into this his Majesties Colony of Virginia now know ye that I the said c. do with the consent of the Council of State accordingly give and grant unto A. B. c. Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof and it is hereby Enacted That all Patents shall be drawn henceforward in the abovesaid Form and words to the end they may be firm sure and valid in Law X. An Act ascertaining Coroners-Fees FOr as much as some doubts have arisen concerning Coroners Fees in this Colony and it being necessary to declare by a Law what the same shall be Be it therefore Enacted by the Governour Council and Burgesses of this present Grand Assembly Thirteen shillings and four-pence or 30 and one hundred three pounds of Tobacco the Coroners Fee and the Authority thereof and it is hereby Enacted that a Fee for a Coroners-Inquest be thirteen shillings and four-pence according to the allowance in England in such Cases or one hundred thirty three pounds of Tobacco and Cask at the choice of the Coroners to be paid out of the Estate of the person Deceased In Counties where there is no Corner a Justice of Peace shall perform his Office and receive the Fee aforesaid if such there be and for want of such Estate by the County where the Party causing the Inquest shall dye and where there is no Coroner in the County that the Justice of Peace doing the Office shall have the Fee XI An Act declaring the year 1676. to be out of the Statute of Limitations FOr as much