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
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
whence many mischiefs of very dangerous consequence may arise to the Country if either other Negroes Indians or Servants should happen to fly forth and joyn with them for the Prevention whereof Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof that if any Negroe Mulatto Indian Slave or Servant for life runaway and shall be persued by Hue and Cry Runaway Negooes and Slaves shall be persued by Hue and Cry It shall and may be Lawful for any Person who shall endeavour to take them upon the Resistance of such Negroe Mulatto Indian Slave or Servant for life to kill or wound him or them so Resisting Provided alwayes and it is the true intent and meaning thereof That such Negroe Mulatto Indian Slave or Servant for life be named and described in the Hue and cry Runaway Negroes Mulatto Indians Slaves or Servants for life resisting may be killed which is also to be signed by the Master or owner of the said Run-away And if it happen that such Negroe Mulatto Indian Slave or Servant for life do dye of any wound in such their Resistance obtained The Master or owner of such shall receive Satisfaction from the Publick The Master shall receive Satisfaction from the Publick for his Negroe Mulatto Indian Slave or Servant for life so killed or dying of such wounds and the Persons who shall kill or wound by vertue of any such Hue and cry any such so resisting in manner as aforesaid shall not be questioned for the same he forthwith giving notice thereof and returning the Hue and cry or warrant to the Master or owner of him or them so killed or wounded or to the next Justice of the Peace And it is further Enacted by the Authority aforesaid At what rates such Negroes and Slaves shall be vallued that all such Negroes and Slaves shall be vallued at four thousand five hundred Pounds of Tobacco and cask a piece and Indians at three thousand pounds of Tobacco and cask and further if it shall happen that any Negroe Mulatto Indian Slave or Servant for Life in such their Resistance to receive any wound whereof they may not happen to dye but shall lye any considerable time sick or disabled Then also the Master or owner of the same so sick or disabled shall receive from the publick a Reasonable Satisfaction for such damages as they shall make appear they have sustained thereby at the County-court VVho shall thereupon grant the Master or owner a Certificate to the next Assembly of what damages they shall make appear The Neighbour Indians required to sieze Runaways and bring them before some Justice of the Peace And it is further Enacted that the Neighbour Indians do and they are hereby required and enjoyned to sieze all Runaways whatsoever that shall happen to come amongst them and to bring them before some Justice of the Peace who upon the Receipt of such servant or servants slave or slaves from the Indians shall pay unto the said Indian or Indians for a Recompence for each twenty Armes length of Rhoanoke or the value thereof The Recompence allowed for so doing as the Indian shall like of for which the said Justice of the Peace shall receive from the publick two hundred and fifty pounds of Tobacco and the said Justice is to proceed in conveying the runaway to his Master according to the Law How long this Act shall continue in Force in such cases already provided this act to continue in force until the next assembly and no longer unless then it be thought fit to continue it IX An Act concerning Swamps and Marshes WHereas several Inconveniencies may arise to many of the Inhabitants of this Countrey who have Lands adjoining to Swamps Marshes and sunken Lands unpattented If any others who are disjoyned from the same may be admitted presently to take up and Patent them This Grand Assembly taking the same into their Consideration and being willing that mens very Conveniencies be preserved unto them from which in this case they need not depart but by their own default have Enacted and ordained and it is by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof enacted and ordained That it shall not be lawful for any Person whatsoever to take up any Marshes swamps or sunken Lands adjoining to any mans Land who may take up Swamps Marshes or sunken Lands but shall first give notice to the Owner or owners of the Land to which it adjoineth who shall have one years time to resolve whether he or they will take up the same or no and in Case at the Expiration of that term the owner or owners of the Land adjoining to the said Land Marsh or Swain shall then refuse to survey and Patent the same The method to be followed in that case It shall then be lawful for the first person who gave notice as aforesaid to survey and Patent the same acording to Law X. An Act declaring mens Notes how far pleadable against their Estates if dead WHereas it hath been Controverted whether Notes charged on persons by a Man in his life time are pleadable after his decease for Determination whereof Notes pleadable after Decease of the Party the Governour Council and Burgesses of this Grand Assembly have Enacted and Ordained and by the Authority aforesaid It is Enacted and Ordained That all such Notes shall be pleadable if by Comparing of hands or otherwise it shall appear to have been the Act of the Decedent A proviso in that Case and the person who claimeth make Oath of the Justice thereof And that he hath not received satisfaction for the same or any part thereof Provided alwayes it be sued for within Twelve Months after the Parties decease and within three years at most after the Date of this Act. At a Grand Assembly held at JAMES CITY the 20th Day of October Anno 1673 I. An Act for the Establishing the Dowers of Widdows VVHereas many Doubts have arisen concerning the Estates of persons dying intestate and of what part thereof ought to appertain to the Widdow for the Clearing whereof Be it Enacted by the Governour Council and Burgesses of this Grand Assembly Intestate Estates and the Authority thereof that where persons dye intestate the Widdow shall be endowed with the third part of the real Estate to be equally divided as to Housing Fenced Grounds Orchards Widdows shall be endowed with the third part of Estate Real Woods and other valuable Conveniences during her natural life And the third part of the Estate personal if there be but one or two Children But if there be any number of Children more how many soever in that Case the personal Estate to be divided amongst the widdow and all her Children The provision for Children in such Cases share and share alike And in Case the Husband make Will that he hath it in his power to
publick or Countie-Dues or other Fees as aforesaid any Sheriff or Collector shall at any time make seizure or distress of more Tobaccoes then is at that time due from the Debtor That in all such Cases A Regulation of Seizures made of Tobacco due to the Publick the person seizing shall make immediate satisfaction to the party from whom they shall make such seizure or otherways that he be allowed to take his Over-plus Tobaccoes out of the Hogshead so seized and that no Sheriff or other publick Collector shall or may from or after the publication of this Act presume to make seizure of any Hogshead of Tobacco before that time paid away and marked And if there be at that time other Merchantable Tobaccoes ready in such Plantation where such seizure was made and which shall be offered and tendred by the Debtor And be it further Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof And it is hereby Enacted That the Justices holding Court be by vertue of this Act for the time to come fully impowered to Commissionate and appoint the Respective Collector or Collectors of the publick and Countie-Levies And whereas Complaint hath been made that sometimes one and the same person hath officiated at the same time in the Office of Justice as Justice of the Peace and Clerk of the Countie-Court which hath been found inconvenient for the prevention whereof for the future Be it Enacted by this present Grand Assembly No person shall be Justice of the Peace or High Sheriff and Clerk of the County-Court at the same time and the authority thereof That no person whatsoever shall be capable at the same time of being a Justice of the Peace and Clerk of the County-Court or being at one and the same time High Sheriff of the Countie and County-Court-Clerks and for the greater ease of the Inhabitants of this Countrey Be it enacted by this present Grand Assembly The County-Clerk may depute the High Sheriff or Vnder-Sheriff to enter Actions and the authority thereof And it is hereby enacted that from and after the publication of this Act it shall and may be lawful for the County-Court Clerk to depute the High Sheriff or Under-Sheriff of the Countie to enter such actions as shall be brought to them or either of them and that such Entry be held good in Law And for the better guide of the County-Courts and more sure administration of Justice be it enacted by this present Grand Assembly and the authority thereof That such of the Honourable Council of State as will please at any time to fit in any Court of Virginia shall and may have equal vote with every Justice of the Peace of or belonging to the said Court and that such Councellour so sitting with the Court be by the Clerk entred to sit there Members of the Council of State may sit in any Court in Virginia and be equally liable and responsible with every other Justice of Peace for all such Acts or Orders of Court he shall at any time of such sitting with the Court give Vote and assent to And be it further enacted by this Grand Assembly and the Authority thereof No person not born in Virginia shall be capable of bearing any Office there till they have dwelt three years in the Country unless Commissionated by His Majesty and it is hereby enacted that no person whatsoever not born in this Country from and after the publication of this Act shall be capable of bearing any Office within this Colony of Virginia whether Civil or Military unless Commissionated by his Most Sacred Majesty before such person have been dwelling and residing three years in this Colony And be it further enacted by the Governour Council and Burgesses of this Grand Assembly and the authority thereof and it is hereby enacted that all such persons as have been Convicted in England or elsewhere are either now Residing or shall hereafter come into this Countrey Persons Convicted in England shall be held uncapable of bearing Office in Virginia be for ever uncapable of bearing any Office Civil or Military within this his Majesties Colony of Virginia And be it further Enacted by this present Grand Assembly and the Authority thereof that whereas the 64th Act in the printed book doth impower the County-Courts to grant probates and administrations which probates and administrations are usually signed by the Right Honourable the Governour Any two Justices of the Quorum may sign probates of Wills and Letters of administration which is not only burthensome to his Honour but inconvenient to the Inhabitants Be it Enacted that from after publication hereof it shall and may be lawful for any two Justices of the Quorum in their Respective Counties to sign such probates and letters of administration and the same so signed shall be held and deemed good in Law provided always that Certificates thereof be sent to Mr. Secretataries Office as is provided by the aforesaid Act of Assembly IX An Act Repealing the Act allowing free Tythables to divers Persons VVHereas by several Acts of Assembly it is provided that every Respective Councellor and ten of his Family shall be free from paying any publick or County-Levies and also that every Minister and six Tythables for their attendance at James City in General Court-times and times of Assembly be free from paying Levies which Laws are found unequal and inconvenient Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof And it is hereby Enacted that all former Laws relating hereunto be henceforth Repealed and that instead thereof there be annually paid and allowed out of the Moneys arising upon the Impost of two Shillings per Hogshead to the Councellors attending General Courts and Assemblies over and besides the two hundred and Fifty pounds Sterling according to several Acts and Orders of Assembly usually heretofore paid them one hundred pounds Sterling which together with the said two hundred and fifty pounds Sterling makes in the whole three hundred and fifty pounds Sterling and that all the said three hundred and fifty pounds Sterling to be annually paid as aforesaid Allowance to the Councellors attending at General Courts shall be distributed and proportioned amongst the several Councellors attending at General Courts and Assemblies according to their Attendance at the same proportionably which distribution and proportioning shall be annually made by the right honourable the Governour and the several Councellors according to their attendance more or less at General Courts or Assemblies And be it further Enacted by this Grand Assembly and the Authority thereof that there be annually paid out of the said Impost money to such Minister or Ministers as by the Right Honourable the Governour shall be appointed and shall attend at General Courts or Assemblies five pounds Sterling for their attendance Minister to have 5 pound allowed him for his
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
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
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
Attendance on the General Court for every General Court or Assembly they shall attend and that no Person or Persons heretofore tythable by any Law Custom or usuage be from henceforth exempted from paying publick or County-Levies the Right Honourable the Governour and his Servants excepted Who only are exempted from the payment of publick or County-Levies the Single Persons of every one of the Council and also all Ministers beneficed in this Countrey and such Lame or Impotent Persons as either already are or shall from time to time be ordered to be exempted out of the Lists by the County-courts where they dwell X. An Act Regulating Ordinaries and the Prices of Liquors VVHereas the Multiplicity of Ordinaries in this Colony is found to be pernitious and hurtful to the Inhabitants Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof Not more than two Ordinarys in any one County except in that where the General Court is held and it is hereby Enacted that from and after the Publication of this Act there shall not be admitted suffered or licenced above two Ordinaries in any one County of this Colony at one time except in that County where the general court shall be held and that the power of granting Licences be in the Respective County courts the Right Honourable the Governour being paid for such Licences according to former Laws in such cases and that no Person be Licenced to keep Ordinaries but such as are accountable and will enter into sufficient bond to find and provide constantly for Travellers good Dyet Lodging and horsmeat and will rate and sell their Provisions and Liquors according to the rates and prices hereafter set down and allowed by this Law upon such Penalties and Forfeitures as shall be therein provided and inflicted which Penalties shall be and belong the one half to the person or persons who shall inform of and sue for the same and the other half to the County wherein the same shall be forfeited And be it Enacted by this Grand Assembly and the Authority thereof that all Ordinaries selling Liquors do demand or take no more for Virginia Drams Strong Beer or Ale then is set down in the Act of Assembly What prices shall be paid at Ordinaries for Liquors Diet and Lodging made in September 1671. that the rate for Cyder and Perry if boyled be twenty pounds of Tobacco for one Gallon and if Raw eighteen pounds of Tobacco per Gallon that the price of lodging be three pounds of Tobacco for one Night that the price of Dyet where the general court of Assembly is held be twelve pounds of Tobacco each meal for the Master and eight pound for the Servant and in all other Ordinaries in the Countreys ten pounds of Tobacco each meal for the Master and six pound for the Servant that the rate of Horse-Pastorage be six pounds of Tobacco for one day and Night and if housed Horse-Pastorage Hay and Oates for straw and Hay eight pounds of Tobacco the day and night and for Indian Corn after the rate of forty pounds of Tobacco per Bushel and for Oats after the rate of sixty pounds of Tobacco per Bushel and that all Ordinary-keepers be and are hereby enjoyned to secure all Horses that they have charge of Justices to appoint the prices of Liquors twice in the year from running away and being stoln upon the Penalty of paying the charge of finding the Horse or Horses or paying for them if lost and that the Justices of every Respective Court within this Colony be enjoyned in the Months of May and November yearly to meet at their County-court-house and assess and set the rates on all Liquors as are not herein mentioned and rated according as the Market price then rules for such Liquors and that no Ordinary-keeper presume to advance and take for such Liquors so by the Justices rated above Cent per Cent Profit upon the Penalty and forfeit of Ten-fold such Exactions and over rates by them demanded or taken and that all such Persons buying and Expending at Ordinaries who shall at any time pay greater rates then is hereby allowed and set down forfeit and pay for every such Payment or Obligation for Payment Five fold the sum so overpaid and that all those County-courts neglecting to meet and assess the Rates and Prices as aforesaid be fined five thousand pounds of Tobacco and cask all which fines shall come and belong the one half to the use of the County where such Forfeiture is made the other half to him or them who shall inform of or sue for the same XI An Act disposing Amerciaments upon cast Actions WHereas by an Act of Assembly made in the year 1674. It was Enacted that certain Amerciaments therein set down shall be paid upon Actions cast at Law and that an account of such Amerciaments be returned to the Assembly to be by them disposed of Be it therefore Enacted by this present Grand Assembly and the authority thereof and it is hereby Enacted that the said Act be from henceforth Repealed and that all Tobaccoes which have been received and are become due by reason of the said Act of Assembly Amerciaments upon Actions cast at Law repealed and Amerciaments be paid and disposed to the use of the Counties where the same became due towards the Defraying of that Countys-charge and that the several Respective County-Courts enquire into the same and dispose of them accordingly XII An Act concerning Servants who were out in Rebellion Repealed by his Excellencies Proclamation Anno 1680. XIII An Act for the laying of Parish Levies FOr the better and more equal laying of Parish Levies and dues be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the authority thereof and it is hereby Enacted that the Freeholders and House keepers in each Respective County shall and may after Publication hereof have Liberty to choose fix able discreet House-keepers or Freeholders to sit with the Vestry and have their equal Votes with the other Vestry men at the assessing the Parish Taxes Six able house-keepers may assist the vestry in the assessing of Parish Taxes and where the Parishes shall either refuse or neglect to choose such men or being chosen they shall not appear and attend the time appointed by the Vestry for assessing the same having had Notice thereof by Publication at the Court or Parish Church the Vestry to proceed without them and that there be a day nominated and appointed annually in September by the Eldest Justice in Commission in the Parish for such Election as aforesaid and in case no one Justice shall recide in that Parish then the day to be Nominated and appointed by the Judge of the Court. XIV An Act Repealing the Act of Encouragement for killing Wolves BE it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof that all Acts giving
Encouragement for killing of Wolves be Repealed Particular Counties Authorized to make by-Laws for the killing of Wolves and that in place thereof there be Liberty granted to each Respective County to make such By-Laws for Encouragement of killing Wolves as they shall-think fit XV. An Act giving Seven Years time to seat Frontier Lands WHereas by reason of the late Murders Comitted by Barbarous Indians which they continue daily to commit and also by reason of the frequent Incursions and the late destructions and troubles amongst us very many of the Inhabitants of this Countrey his Majesties Leige People have been inforced to forsake their Plantations and leave their Lands uninhabited especially in the Frontier Counties Be it therefore Enacted by this present Grand Assembly and the Authority thereof and it is hereby Enacted that all Lands or Tracts of Land forsaken or uninhabited by reason of the Incursions of the Indians and the late troubles and distractions amongst us shall not lie desart by want of due Seating and planting such Lands in less time then seven years from the date of this Act. And that for the time to come Frontier Counties to be planted and inhabited seven years time be allowed from the date of this Act for the Seating and planting such Lands as are already taken up and patented in the frontier Counties of this Colony XVI An Act Regulating Burgesses Expences WHereas by former Acts and Orders of Assembly it is provided Enacted and Ordered that the Allowance to every respective Burgess for his necessary Expence and charge attending at Assemblies be for every day one hundred and Fifty pounds of Tobacco over and besides the necessary charge and expences of his coming to and returning from the Assembly and also the inavoidable cost and necessary charges of his waiting Servant and Horses is complained of as grievous and burthensome to the people This Assembly having taken the same into their serious consideration Do enact and Be it enacted by the Governour Council and Burgesses of this grand Assembly and the authority thereof and It is hereby enacted That for the time to come the allowance to each and every respective Burgess which shall attend at any Assembly hereafter to be called be one hundred and twenty pound of Tobacco and Cask per day and for such allowance to commence and begin two days before the first day of every Assembly What Allowance Burgesses shall have during their attendance at the Grand Assembly and two days after for convenient time for every Burgess to return home And to prevent the great charge and abuse that may accrue by Burgesses coming to Assemblies by Sloops and Boats Be it enacted by this present Grand Assembly and the authority thereof and it is hereby enacted That over and above the one hundred and twenty pounds of Tobacco per day allowed to each Burgess for his expense there be allowed for the charge of a Sloop two men to sail the said Sloop and their provisions for the two Counties of Northampton and Accomack sixty pounds of Tobacco per day and no more and that the charge of a Boat two men to row and their Provisions bringing such Burgesses as can come none other way but by water be thirty six pounds of Tobacco per day and no more and that the charge for Horse-hire for such Burgesses as come by land be ten pounds of Tobacco per day for each Horse so used and that their unavoidable charge and payments for passage by Ferry over the Rivers in their coming to Assemblies returning home be also allowed them And be it further enacted by this present Grand Assembly and the authority thereof And it is hereby enacted that if emergent occasion shall require that an Assembly be called before there are houses of entertainment built that then those Burgesses that must of necessity come by water in sloopes have the same allowance with the Eastern Shore Burgesses and those other Burgesses who must necessitously use Boats to bring their Provisions and other necessaries and that for the time to come no expence of Committees be allowed of or brought to the publick account XVII An Act for opening Courts of Judicature VVHereas by reason of the late horrid Rebellion all Courts of Judicature have been shut up and the rightful and due course of Justice could not possibly be taken and administred Be it therefore enacted by this present Grand Assembly and the Authority thereof that from and after the date of this Act all Courts of Judicature may be opened and that the Respective Justices of the several County-Courts do assemble themselves together and hold Courts according to the Laws and according to the usual manner and Custom of the Countrey at the usual places and days appointed by Law or by them accustomed to be held that Justice may again be freely exercised and done in all cases where it shall be required At a Grand Assembly begun at Middle-Plantation October the Tenth Anno 1677. I. An Act imposing Fines upon Delinquency of Grand Juries FOr as much as the thirty eighth Act of Assembly in the Printed Laws directing and commanding that Juries of Inquest be Impanelled and Sworn in every Countie to the ends and purposes therein mentioned is by reason there is no Fine set upon the Justices neglecting to appoint and swear the same Nor upon the Jurors not making due enquiry and Presentment according to the true intent and meaning thereof become generally neglected and unexecuted Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof and it is hereby enacted Fines laid on Justices of Peace for neglecting to Impanel Grand-Juries That the Justices of Peace of each Countie of Virginia neglecting and omitting once every year before or upon the last day of April to make Choice of and swear a Jury of Inquest according to the true intent and meaning of the before Recited Law shall be Fined for every such omission Two Thousand Pounds of Tobacco the one half to the Informer and the other half to the Counties use And each Jury of Inquest not making appearance at the time appointed in the Law or not making Inquest and Presentment according to the intent and meaning thereof shall be Fined each Juryman making such default Two Hundred Pounds of Tobacco the one half of which Fines to be paid to the Informer and the other half to the use of the Counties for each such default whereof they shall be lawfully Convict II. An Act Prohibitting private Compositions FOr as much as very many Complaints have been made of the unreasonable Compositions made by divers persons for Trespasses done in time of the late Rebellion for prevention whereof 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 for the time to come no Composition shall be made with any person whatsoever for any
if after the proportioning the Tythables of each or any County into Forties and less number shall remain such Tythables shall be assessed by the Justices proportionably to the rest to help to defray the whole Charge And be it further Enacted by the Authority aforesaid and it is hereby Enacted that whensoever it shall happen that any one or more such Soldier or Soldiers so fitted out as aforesaid shall dye or become unable or unfit for service or if such Horse sent to such service as aforesaid Horses dying or being killed or disabled in service the Justices and Militia-Officers may impress others in their Room shall happen to dye be killed lost or disabled for service or if any Arms so fitted and sent out shall be lost broken spoiled or become unserviceable and that the Forty Tythables to whom they or any of them appertained shall be delinquent in fitting and sending out other in their stead that then in such case the Respective Justices and Militia-Officers shall impress and are hereby impowered to impress others in their Room but if such Horse shall dye or be killed in the Country service and good Certificate be made thereof by the Commander in Chief of the Garrison to which he belonged to the Assembly or that such Arms as are lost and broken were lost broken in the service not by neglect or fault of the Souldier to whom they belonged and then such Horses or Arms shall be paid for by the Publick according to the Certificate of the Chief Commander but in case any Soldier shall wilfully or carelesly spoil his Horse or kill or lose him or spoil lose or imbezil his Arms in such case such Souldier shall be lyable he is hereby made lyable to make full satisfaction for the same to the said Forty Tythables who fitted the same out And be it further Enacted by the Authority thereof and it is hereby Enacted that in case any Souldier Horse or Arms fitted out and sent by any Respective number of Tythables shall by the Justices and Militia-Officers be judged unfit for such services that then in such case the said Justices and Militia-Officers do return such man Horse or Arms and immediately impress others in their Room and assess the Pay and Cost to whom the other belonged or by whom they were sent out And be it further Enacted by this Present Grand Assembly and tha Authority thereof and it is hereby Enacted that forasmuch as the present necessity of the times require able and prudent Commanders who have both Courage and good conduct that a Captains Pay be Twelve hundred Pounds of Tobacco and Cask Per Month he finding himself Horse A Captains pay to be 1200 l. of Tobacco and Cask per Month. Arms Provision c. and that one of the Listed Souldiers which he shall make choice of do wait and attend him that a Lieutenants pay be 850 l. of Tobacco and Cask Per Month the Cornets pay 600 l. of Tobacco and Cask Per Month the Chirurgeons Pay 850 l. of Tobacco and Cask Per Month The Lievtenants pay 850 l. of Tobacco and Cask per Month. each of those Respective Officers finding themselves horses arms ammunition and Provision and if any of the said Officers shall lose or have any of their horses killed in the service that in such case such horses so lost or killed to be paid for by the Publick The Cornets and Chirurgions Pay And be it further Enacted by this Present Grand Assembly and the Authority thereof and it is hereby Enacted that a box of Medicines be bought or imprest by the Commander in Chief of each Garrison to the vallue of five Pounds sterling ot thereabouts not exceeding the said sum for the use of the Garrisons and the Payment thereof such Captain drawing a note upon the next Collector of two Shillings per Hogshead to be by him paid and allowed to him in the publick account And be it further Enacted by the Authority aforesaid Corporals and Trumpeters pay and it is hereby enacted that a Corporals pay and a Trumpeters pay be fifty pounds of Tobacco per Month over and above a private Souldiers pay which Overplus pay of fifty per Month together with other Officers pay before mentioned shall be paid and defrayed by the publick And whereas divers Counties who are to send Provisions c. to the Respective Garrisons lye far Remote from the said Garrisons it is hereby Enacted that the Justices and Militia-Officers of such Counties take care to send up their Provisions and ammunition with the best Convenience and greatest Security which charge shall be paid for and defrayed by the publick And be it further Enacted by this present Grand Assembly and the authority thereof and it is hereby enacted that the Souldiers to be raised in each Respective County by vertue of this Act are forthwith with all possible convenience to be raised and are to Repair to the several Garrisons and to be upon the place on the Twentieth day of June next at furthest and if possible sooner and that each Respective County send their Proportions of men as is hereafter set down and expressed viz. Henrico County Northside of Charles-City County Warrick County The proportions of men which the several Countyes shall send to the Garrisons Elizabeth-City County James-City County together with four Souldiers from Lower Norfolk County four from Nanzemund four from the Isle of Wight three from Surrey and two from the South-side of Charles-City County be sent to the Garrison at the head of James-River New-Kent County York County and one 3d. part of Glocester County Souldiers be sent to the Garrison at the head of Mattopony Middlesex County Rapahannack County and two third parts of Glocester County Souldiers be sent to the Garrison at the head of Rapahannack River Stafford Westmerland Northumberland Lancaster County Souldiers to be sent to Potomack Garrison _____ Lower Norfolk Nanzemund Isle of Wight Surrey and the South-side of Charles City Counties Souldiers to be Rangers for the Security of their Respective Counties according to such Orders and Directions as shall be agreed upon and made by their Militia-Officers And be it further Enacted by this present Grand Assembly and the Authority thereof and it is hereby Enacted that for the ease of publick charge each Respective Souldier be and he is hereby enjoyned to be Assistant by all convenient and possible wayes for the securing themselves and building the Guard House and Store-house or Houses that is to say in falling malling or doing any other matter or thing requisite or necessary and also in fencing to make Pasture to secure their Horses c. And be it also further Enacted by this present Grand Assembly and the Authority thereof Each Garrison shall be supplyed with a good Boat and Oars and it is hereby enacted that each Garrison be supplyed with a good Boat and Oars such as may be sufficent to pass over at
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
Act for Presentation and Delivery of Grievances FOr as much as it hath been the frequent practice of ill disposed and seditious persons to deliver to their Burgesses and they to the Assembly scandalous and seditious Papers and to intitle or call them the Grievances of such Countie or Counties wherein they dwell neither giveing or presenting the same in lawfull manner nor in truth being known to any other of his Majesties good Subjects of such County whose Title they bear Be it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly Sberiffs of each County shall before every Sessions of Assembly appoint a time and place for receiving Presentments of Grievances Such Presentments shall be signed and it is hereby enacted by the Authority aforesaid that the Sheriffs of each County shall before every Session of Assembly appoint a time and place for presenting giving and receiving all County-Grievances which shall be signed by the Parties giving the same and attested by the Clerk of the County-Court or Chief Magistrate so to be and all other private Propositions or particular Ag-grievance shall be signed by the Party delivering the same or not to be received into the Assembly XII An Act prohibiting the exportation of Raw-Hides and Deer-Skins BE it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly and it is hereby enacted that from and after Publication of this Act it shall not be lawful for any person or persons whatsoever to export out of this his Majesties Colony of Virginia any Untainted-Hides or Deer-Skins upon the Penalty of paying for every Raw-Hide or Deer-Skin one hundred Pounds of Tobacco and Cask that shall be found on Board any Ship Boat Sloop or other Vessel in order to such Exportation over and besides the forfeiture of all such Raw-Hides or Deer-Skins so found in exportation the one half to his Majesty his Heirs and Successors and the other half to him that shall make Information thereof And all Collectors of the two shillings per Hogshead and penny per Pound Customes are hereby required and enjoyned on every Information and Suspition of such exportation to make diligent search and seizure accordingly XIII An Act Prohibiting Vnlawful Disturbances of Divine Service BE it 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 whosoever from and after the publication of this Act Any Person that shall disturb the Minister during the Exercise of his Ministerial Function shall for the first Offence be fined 200 l. of Tobacco and 500 for every such Offence after shall appear in any Church or Chappel within this his Majesties Colony whilst the Minister is exercising his Ministerial Function and shall disturb him by Words or any other manner of means whatsoever or shall there appear in any unseemly or undecent Gesture any Justice Sheriff or other Officers then present shall put such person or persons so offending under Restraint during Divine Service who shall also for the first Offence be fined two hundred pounds of Tobacco and Cask And for every such Offence as shall be by them or any of them committed after in the like Quallity shall be fined five hundred pounds of like Tobacco and Cask for every such Offence which Fines shall be Levyed by the Sheriff upon the Estate of the person or persons so offending by vertue of a Warrant from a Justice of the peace and such Justice of the peace that shall refuse or neglect to put this Law into severe Execution shall be fined five hundred pounds of Tobacco and Cask to the use of the Parish for every such neglect XIV An Act Reviving and Reinforcing an Act made at JAMES-CITY the 20 th of October 1665. and putting the same in Due Execution BE it 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 the eighth Act of Assembly made at JAMES-CITY the 20th of October 1665. Intituled An Act concerning Indians Be and hereby is Revived and Re-inforced to the end the same be put in due and Effectual Execution XV. An Act for the well clearing the Heads of the Rivers and Creeks from Loggs and Trees for the more safe Passage of Sloops and Boats VVHereas the Neglect of clearing the Heads and others parts of Rivers and Creeks from Loggs Trees Roots of Trees and other Rubbish hath occasioned and endangered the loss of several Sloopes Boats Tobaccoes and Merchandizing Goods in Carriage thereof to and from the Ships for the better prevention thereof for the future Justices of the Country Courts shall annually appoint the Surveyors of the Rivers and Creeks to clear the same from all trees Loggs Rubbish c. Be it 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 from and after the Publication of this Law the Respective Justices of the several County-Courts do annually in June or July-Courts appoint and order the Surveyors for the Rivers to clear all and all manner of Loggs Trees Roots of Trees and other Rubbish as may any ways hurt and endanger any Sloop Boat or other Vessel from out of the Respective Rivers or Creeks heads or parts of any River or Rivers Creek or Creeks within their County and limited bounds as Surveyors which said clearing and Removeal of all Loggs Trees Roots of Trees and other Rubbish shall be as aforesaid annually performed according to the true intent and meaning of this Act under such pains and penalties for every Delinquent and Offender as are set down in 97th Act of Assembly in the Printed Book Intituled Such as shall fall Trees into the Rivers and not clear away the same fined 500 l. of Tobacco Surveyors for High-ways And if any shall presume to fall Trees into the Rivers or Creeks and not clear the same the Offendor shall be fined five hundred pounds of Tobacco the first Offence to the use of the County And for the second one Thousand pounds of Tobacco to the use aforesaid XVI Additional Fees Ascertained to County-Court Clerks BE it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby enacted that Those Additional Fees hereafter set down over and besides the fees nominated in the Printed Book be demanded and taken by County-court Clerks as just fees and none other viz. Â l. Tobacco pounds of tobacco For writing a pair of Indentures if amongst the parties as they can agree if bound by the Court. 40. For a Bond. 10. For a Retraxit 4. For siling endorsing Bill Accompt Petition or such like 3. For all Answers to Petitions if writ by themselves 10. If not writ by them and so for a Petition 5. For a Warrant
Manufacture a greater or lesser Quantity of Flax Seed Hemp-Seed or either of them shall have given and allowed him or them for encouragement to persist in so useful a Manufacture for every peck of flax-seed four and twenty pounds of Tobacco and for every Peck of Hemp-seed twenty pounds of Tobacco for which the County-Court is impowered to give every person or persons Certificate thereof 24 l. of Tobacco allowed by the publick for every peck of Flax-Seed of the Growth of the Country and 20 l. of Tobacco for every peck of Hemp-seed attested by their Clerk which shall be a sufficient proof to the General Assembly to order the said person or persons their said encouragement out of the Publick Levy provided such Certificate from the Justices to the County-Court be filed at the Court and fixed up there to the intent that all persons whatever may have a view of the same And be it further Enacted by the authority aforesaid that what person or persons soever shall by his industry of his own growth and manufacture work up his flax and Hemp fit for the spindle and produce the same to the next County-Court Allowance for Flax or Hemp wrought or make the same appear by Certificate as aforesaid for every pound so wrought up either of Flax or Hemp he or they shall be allowed two pounds of Tobacco for his or their encouragement by the Publick and a Certificate thereof shall be given from the said County-Court to the General Assembly which Certificate shall be a sufficient proof for him to be allowed out of the Publick Levy And be it further Enacted by the authority aforesaid that for the further and better encouragement of the aforesaid Manufacture of Hemp and Flax and for the working up our Wool into Cloth that every person that shall make or cause to be made the said Hemp or Flax so wrought to the Spindle as aforesaid into Linnen-Cloth that such person or Persons shall be allowed for every Ell of such Linnen that shall be three quarters of a yard wide or more six pounds of Tobacco and for every yard of Woolen-Cloth or Linsey Woolsey of the like breadth six pounds of Tobacco to be paid by the Publick Allowance for the same made into Cloth also for Woollen Cloth and for Linsey-Woolsey such person or persons producing the said Linnen or Woolen-Cloth or Linsey Woolsey to the County-Court where he or they shall reside who are hereby required and empowered to examine and enquire and take proof that the said Linnen or Woolen or Linsey-Woolsey are of their proper growth and manufacture and accordingly Certifie the same to the next Assembly which Certificate shall be received as proof to the Assembly for the allowing thereof out of the Publick Levy And whereas it is well hoped that by the encouragement aforesaid there will be such great quantities of Flax-Seed and Hemp-Seed produced in this Country as will abundantly furnish the Inhabitants for the end ands purposes hereafter mentioned and that the Inhabitants be remembred carefully to provide themselves seed the next ensuing year for the year following Be it further enacted by the authority aforesaid That every Tythable Person that shall be in the Countrey in the year 1684. according as he is usually noted or set down in the List of Tythables For Every Tythable in the year 1684. shall be made one pound of Flax and one pound of Hemp dressed or two pounds of either and so yearly after shall make or cause to be made one pound of Dressed Flax and one pound of dressed Hemp or two pounds of either and yearly and every year thereafter under the Penalty of fifty pounds of Tobacco for every pound of Flax or Hemp neglected or omittted to be made as aforesaid the same to be paid the one half to the County the other to the Informer by such Master Owner or Overseer of any family or company of Servants or any other Tythable that shall be found to neglect or omit as aforesaid for the better discovery of such neglect or omission that all Masters Owners or Overseers who have the charge of Families and company of Servants and other Tythables shall at some convenient time before the laying of the Levy in the Respective Counties The Penalty of a Default produce before some Justice of the Peace of the County the aforesaid quantity of Hemp or Flax as is herein enjoyned to be made and the same deliver upon Oath which Oath the said Justice is hereby impowered to administer that the Flax or Hemp so produced is of his own growth and manufacture And be it further enacted by the authority aforesaid Allowance by the Publick for Hats made of Wool or Furr of the growth of this Country that there shall be allowed and paid out of the Publick Levy for every well-wrought Hat made of Wool or Furr in this Country to the maker thereof ten pounds of Tobacco and for every dozen pairs of mens or womens woolen or worsted Hose twelve pounds of Tobacco to be proved and certified in such manner and form as in this Act before is expressed for Linnen and Woolen-cloth The time this Act shall continue in force Provided alwayes nevertheless and it is the true intent and meaning of this Act that this Law shall continue in force until the tenth day of November which shall be in the year of our Lord 1685. and no longer any thing in this Act before contained to the contrary notwithstanding XII An Act for the Advancement of Manufactures of the growth of this Country and for the better and more speedy payment of Debts and Levies FOr encouragement of Manufactures and improvement of Commodities of the growth of the Country and also ascertaining the Rates and Prices Be it enacted by the Governour Council and Burgesses of this General Assembly that all Debts either in Money or Tobacco contracted after publication hereof in this his Majesties Colony and Dominion of Virginia where the Debtor upon demand of the Creditor cannot pay the same in specie or kind and shall upon his Oath declare before some one Justice of the Peace which Oath the said Justice is hereby impowered and required to administer the summ of money or quantity of Tobacco he hath here or else-where and shall make tender of so much toward payment of his Debt that then and in such case it shall and may be lawful for every such Debtor to make payment of his Debt or the Remainder thereof in the Commodities and Manufactures of this Country hereafter mentioned Debts may be paid in Commodities of the growth and Mnnufocturos of this Country at the Rates and Prices hereafter following viz. Tobacco at ten shillings per Cent Wheat English Pease and Galavances at four shillings or forty pound of Tobacco per Bushel Barley Oates and all other Indian Pease at three shillings seven pence farthing or thirty six pound of Tobacco per Bushel