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
signed by the Secretary which shall remain upon File in the Office for the full justification of the Clerk who is to enter them in the Book of Records XXII The Plaintiff to File his Declaration Three days before the day of Hearing Declarations to be filed three days at least before Pleading ANd whereas the Clerk is enjoyned to enter Twenty Actions for each day and the Court to sit at certain hours so also it is hereby Enacted That the Plantiff File his Declaration in the Office at least three days before the day of Hearing in which time the Defendant may take a Copy thereof the Original still remaining in the Office and provide his Answer in writing ready to present to the Governour and Council at the day of Hearing And further That if the Plantiff fail either in not appearing to prosecute or in neglecting to File his Declaration as is hereby enjoyned he shall pay to the Defendant if he lived within Fifty miles of James City The Penalty of a Default One hundred and Fifty pounds of Tobacco for a Non-suit and if he dwell further off then Three hundred and Fifty pounds of Tobacco besides his Amercement to the Publick And if the Defendant make default the Judgment to pass against the Bail for the thing sued for or if no Bail be returned then against the Sheriff besides his Amercement of One thousand pounds of Tobacco laid upon him by Act for not making Returns Provided that the Bail and Sheriff have respite of Execution until the next Court when if they bring in the person of the Party the Judgment of the first Court granted to be reversed but the Amercement awarded against the Sheriff to continue and not be remitted XXIII Adjournment to the two last days for Determination of References by Avisare Volumus or Actions entred in Court time ANd whereas this Act enjoyns the proportioning so many Actions to a day but gives liberty to Arrest in Court time to the last days of the Court and whereas some Cases of Difficulty may be presented Adjournment to the two last days for determination oâ— References by Avisare Volumus upon which the Court may desire to advise Be it therefore Enacted That as soon as the Court hath sat so many days as are filled with Actions it shall be Adjourned to the two last days of that Court and whatever the Court hath referred by their Avisare Volumus and all Actions entred in Court time as aforesaid shall be then tried and determined XXIV Criminal Causes to be tried at the General Court Crimminal causes to be Tried only at General Courts and on the Fourth day WHereas men of the greatest Abilities both of Judgement and Integrity do usually meet at the General Courts whither their Ocasions do frequently call them and because any thing that concerneth Life or Limb requires the ablest Juries to enquire of it Be it Enacted That all Criminal Causes that concern either Life or Member shall be tried at the General Courts only the Fourth day of the said Courts Juries to be Chosen out of the Neighbour-hood And because the Laws of England do enjoyn Juries to be chosen out of the Neighbour-hood where the Fact was committed according to which the remoteness of our Habitations doth not admit us so fully to practice as we desire yet that we may come to them as near as possible we may and because it is very requisite that part of the Jury at least should come from thence who by reason of their nearer acquaintance with the business may give information of divers Circumstances to the rest of the Jury Be it therefore Enacted That immediately after the commitment of any person found Criminal by the Grand Inquest The manner of proceeding by Juries in Cases Criminal the Sheriff of the County to whose Custody he is committed shall give notice thereof to the Secretaries Office at James City and the Clerk of that Office shall presently send a Venire Facias to the said Sheriff to impannel Six men of the ablest and nearest of the Inhabitants of his County Sheriffs to Impanel Juries to that place where the Fact was committed to be of the Jury for Trial of that Cause returnable the said Fourth day of the next General Court where the said Jury-men are bound to appear What Allowance Jury-men shall have for their Charges and for their Charges the Countrey shall allow to each Man Twenty pounds of Tobacco per day for each day they may be reasonably coming to and returning from James City and Fifty pounds of Tobacco per day during their Attendance there about it Viz. from the day they are by the Writ to appear until they be discharged and that the rest of the Jury be made up of the By-standers XXV The Governour and Two of the Council to go the Circuit VVHereas the Honourable Governour out of his singular care of his due Administration of Justice in all Courts and that he might be the better enabled to render his Majesty an exact account of the Government hath been pleased to take upon him and the Council the pains of Visiting all the County Courts of the Countrey Be it therefore Enacted That the Honourable Governour and one of the Council or upon the urgent Affairs of the Countrey hindering the Governour The Governour or Two of the Council wh m he shall Commissionate to go the Circuit yearly that the Governour commissionate too of the Council for every River yearly in August to set Judges in all the County Courts and there hear and determine all Causes then depending in them by Action or Reference from any other preceeding Court in that County Provided no Councellor be appointed to go the Circuit in the River wherein he doth inhabit XXVI Appeals how to be made VVHereas many appeals are made from County Courts to General Courts and from General Courts to Assemblies whereby the speedy Execution of Justice is often retarded and many persons disabled by the Charge of going to James City to prosecute are forced many times to desist from the Claim of their just Rights Be it therefore Enacted Appeals from County Courts how to be made and to whom That for the avoiding Delays and for the ease of the Inhabitants all Appeals made in any Court after the General Court in March be referred to the Hearing of the Governour or Itenerary Councils in their Circuit from whose Sentence there if any person will appeal if the Governour be present shall be made to the next Assembly if two of the Council then to the next General Court from which the said Councellors during the Trial of such Cause or Causes in which they had at the County Courts given their Opinions shall be suspended but because in the Winter time the General Courts are more frequent and all Causes there receive a speedier determination and because Tobacco being only then payable may be paid in kind
Non-appearance upon Sub-poena ' s. be One thousand Pounds of Tobacco and for like Default of the County Courts Three hundred and Fifty Pound of Tobacco and that all Witnesses summoned to give in their Evidences at either of the said Courts Charges allowed to Witnesses shall be allowed for their necessary time spent in coming and going to and from the said Courts Twenty Pounds of Tobacco per day and for the time they attend there until they have given in their Evidences Forty Pounds of Tobacco per day and because many maliciously to aggravate the charge of the Suit summon many more Witnesses then are needful Be it therefore further Enacted That there shall not be allowed in any Bill of Costs the charge of above Three Witnesses to any one Action The number of Witnesses limited unless for proof of several Matters incident thereunto which severally may require the attestation of Two Witnesses XXXI County Courts Appointed BE it also Enacted for the more due Administration of Justice in the several Counties and the greater ease of the People in obtaining the same the Courts be continued in each County County Courts their Institution and how to be formed as of long time hath been accustomed and that the said Courts do consist of Eight of the most able honest and judicious Persons in the County which Eight or any Four of them whereof one to be always of the Quorum are to be impowered by Commission from the Governour for the time being to act according to the Laws of England and of this Countrey and to impower them severally and out of Court to act and do all such things as by the Laws of England are to be done by Justices of the Peace there And be it further Enacted That the Persons thus Commissionated Members of County Courts shall take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace that they be called Justices of Peace that the Courts be stilled County Courts and further That the Justices do keep the said Courts precisely upon the days appointed by this and former Acts of Assembly viz. At what places and when County Courts shall be held Henrico the 1 day Charles City the 3 day James City the 6 day Isle of Wight the 9 day Nanzemond the 12 day Lower Norfolk 15 day Elizabeth City the 18 day Warwick County the 21 day York County the 24 day Nothampton the 28 day New Kent the 28 day Gloucester the 16 day Lancaster the Rappahanoch the Surry the Northumberland the Westmorland the And all Adjournments by all means possible be avoided and that all the Justices of the said Courts respectively shall duly attend the same and shall not depart or absent themselves from thence without the licence and consent of the rest of the Justices there present and if any of them shall happen to have a lawful Cause of absence it is thought fit that in such Cases they shall upon the First day of the Court signify the same to the Court by Writing and that they make good proof of the Truth thereof at the next ensuing Court or else being delinquent in the premises every Justice so offending shall forfeit for every time of his absence Three hundred pounds of Tobacco to be imposed by the Court and disposed of to the good of the County XXXII No Arrest without Entry of Action BE it also Enacted That all Actions to the County Courts and Subpoenas for Witnesses or in Chancery be first entred with the Clerk of the County or his known Deputy before any Arrest made or Summons served under Penalty of Five hundred pound of Tobacco to be levied upon the Sheriff that shall presume to serve any Process contrary to the Tenor hereof And be it Enacted That the Plantiff in any Action shall at least the day before the Court enter his Bill of Complaint Actions to be entred before Arrests and leave it in the Clerks hands that the Defendant if he will may have a Copy thereof and accordingly provide his Answer but the Original Declaration or Bill to be always filed in the Office XXXIII The Defendant to put in his Answer ANd be it further Enacted That for the better regulating and keeping the Records and transfering the President to Posterity as also for prevention of new Suits upon mistake of the grounds of others that as the Plantiff both in General Courts and County Courts files his Declaration so the Defendant in both those Courts shall also put in his Answer in writing Answers to Declarations shall be filed and that the Judgement if for the Plantiff be endorsed on the Declaration if for the Defendant on the Answer and further that all Evidences concerning that Cause be filed together with them and by the Clerk carefully preserved XXXIV Form of Entring the Court. BE it also Enacted That the Form for Entring the Stile of the Court Form of Entry in County Courts Proclamation for Silence the Cryers calling the Plantiff and the Defendant to Answer be observed in the County Courts as well as in the General Courts varying only in the Title of the Court and the Assessors XXXV Court not to take Cognizance of any thing under Two hundred Pounds of Tobacco AND be it also Enacted That the Court shall not take Cognizance of any Cause under the value of Two hundred pounds of Tobacco or Twenty Shillings Sterling which a private Justice may and is hereby authorized and impovvered to hear and determine And whereas many Vexatious persons do very much trouble the Courts and their Neighbours for babbling words Of what things Courts shall take Cognizance sometimes passionately but not maliciously spoken Be it therefore Enacted What Defamations are actionable That no Action be admitted for Defamation in any Court where the words are not Actionable and further that there be no words Actionable but such as if true might have brought the person to suffer Punishment by Law any other to be cast out of the Court and the Plantiff to be Non-suited not that liberty is hereby given or intended to any scurrilous person to abuse others at his pleasure but that his Majesties Courts be not for such Brawls forced to wave matters of greater consequence and because offences of this Nature may be determined by a particular Justice who is hereby impowered to bind the persons so offending to the good Behaviour or if they find not good security for the same to commit them to Prison till they find it XXXVI Private Courts Prohibited WHereas many things are acted and Administrations granted at private Courts which tends to the apparent Damage of divers of the Inhabitants of this Country Be it therefore Enacted Private Courts prohibited That no private Courts be kept but that all business triable or grantable by or at the County Courts be tried and
to pay Levies FOr Explication of the Laws which have seemed to Exempt Artificers c. from paying Levies Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof All Merchants Tradesmen Artificers above the age of 16 shall pay Levies that no Tradesmen Merchants nor any Artificers whatever above the age of sixteen years be exempted for the future from payment of Levies any Act Custom or usuage to the contrary notwithstanding At a Grand Assembly held at JAMES CITY the Twenty first of September Anno 1674. I. An Act for an Address and Supplication to be made to the Kings most excellent Majesty An Act for an Address and Supplication to his Majesty WHereas this Grand Assembly are deeply sensible of the many and grievous Pressures that are dayly growing and still likely to grow and be imposed upon the Inhabitants of this his Majesties Colony of Virginia by certain Lords Pattentees who under Colouâ— and pretence of promoting the good of the Colony and augmenting his Majesties Revenues have obtained certain Letters Pattents and grants derogating and in prejudice of many Royal Concessions and grants from time to time granted by his Majesty and his royal Progenitors in favour to this Colony all which may be justly feared the said Lords by their Deputies and Ministers will endeavour to make void and of none effect by imposing new rents and Services altering the form of our Tennors compelling us to new Surveys and new Patents imposing fines and Compositions on Surplusage Lands and Lapses at their will and pleasure by Nominating of Sheriffs Escheators Surveyors and other Officers and in effect devesting the Government of those just Powers and Authority by which this Colony hath hitherto been kept in Peace and Tranquillity and all mens rights and Properties preserved unto them and whereas the said Grand Assembly on great Deliberation have considered by what convenient ways and means those Agrievances might be removed how our Liberties Priviledges immunities rights and Properties might be had made and established to us and our Posterity have thought fit that an humble Address and Supplication be made to his Sacred Majesty by this Grand Assembly in the name of this his Majesties most Loyal Colony setting forth as well by what Legal Grants and Concessions his Majesty and his Royal Progenitors have from time to time been graciously pleased to indulge this Colony the grievous Pressures likely to grow on us by reason of the late Grants to the Lords That his Majesty would graciously please to Revoke the said Grants to the Lords and for securing us from our fears in time to come of being removed from his Majesties immediate Protection To confirm our Liberties Priviledges Immunities rights and Properties as aforesaid by his Majesties Royal Charter that certain Gentlemen in whose honour integrity Care for promoting the good of this Country this Grand Assembly have a just Confidence be desired to Address themselves to his Majesty in the name of the Grand Assembly and Negotiate in England all other publick affairs of this Country and because it is manifest that a work of this Nature is not to be undertook nor effectually prosecuted without money and that we be not imprudently wanting to our selves in a matter of so great Importance this Grand Assembly have thought fit that a sum of Money be raised of and from the Inhabitants of this Country to be used and Imployed towards the Accomplishment of the ends and Purposes aforesaid Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof that fifty pounds of Tobacco besides Cask and Sallary be Levyed from every tythable person within this Colony this present year Levies to be made for carrying on the same and fifty pounds of Tobacco besides cask and Sallary the next year and that this be disposed to several Undertakers at the rate of Eight Shillings per Cent. for producing Money as aforesaid and Accomplishing the ends and Purposes aforesaid in manner and Form following viz. The Fifty pounds of Tobacco to be Levyed this present year in the Counties of York New-Kent Glocester and Middlesex be paid to the several Undertakers of those Counties at eight Shillings per Cent How to be raised by the Sheriff or Collectors of those Respective Counties They paying double the money this present year That Fifty pounds of Tobacco per Poll doth amount to at Eight Shillings per Cent. and to accept of their full Compensation of their present disbursments Fifty pounds of Tobacco per Poll. of the same Counties aforesaid the next year and that the Undertakers for the rest of the Counties in Virginia pay no more money then Fifty pounds of Tobacco doth amount to at Eight Shilling per Cent. this present year to be paid them by the Sheriffs or Collectors of those Counties aforesaid and the like summ of money next year upon payment made to them of fifty pounds of Tobacco per Poll. and ordered them to be Levyed and that all Sheriffs and Collectors who have the charge of those Payments to the Undertakers be and are hereby strictly required to cause Payment to be made of the best Tobaccoes and as convenient as may be Provided alwayes that if no Undertakers do present themselves for any of those remaining Counties that then the Respective County-courts are hereby required and commanded to Ship the Tobaccoes within the Counties for England and consigne it to sufficient Merchants and to cause the neat produce of it to be paid unto Mr. Secretary Ludwel and Colonel Daniel Park for the Account of the Grand Assembly of Virginia And be it further Enacted by the Authority aforesaid that the money which shall be found due on the ballance of the Account of the two Shillings per Hogshead be also remitted into England to the Order of the Grand Assembly as aforesaid And whereas this Grand Assembly are also sensible by the lowness of the publick Revenue that money may yet be wanting for the advance and carrying on this most necessary work Be it also further Enacted by this Grand Assembly and the Authority thereof that seventy pounds of Tobacco per cause in the general Courts and fifty pounds of Tobacco per cause in the County-courts shall be amerced in the name of the Penalty upon every Person that shall be cast in any suit except in Action of debt in which if any be cast he or they so cast as aforesaid shall be Amerced in the general court Fifty pounds of Tobacco if in the county-County-court thirty pounds of Tobacco and in case of appeals double Provided nevertheless that all causes of Orphans be out of this clause of amercements utterly excused and foreprized and be it further Enacted by the authority aforesaid that the clerks of the county courts give account of the said amercements also of all lines arising on Penal Laws at the raising of the Levy when the courts
Appeals when they shall be made to the General Court It is Enacted That all Appeals made from October December and other intervening County Courts be made to the next succeeding General Court and from thence to the Assembly and because there may be as great Errors of Judgement or Will in matters of small value as in the greatest It is further Enacted That Appeals shall lie open as aforesaid for any thing of what value soever Always provided That the Appellant put in good Security for Prosecuting the Appeal and payment of Fifty per Cent. Damages to the Defendant if the Appellant be cast in the Suit for his unjust molestation Proviso's in ease of Appeals Provided also That no Appeals be made from Northampton County whose remoteness and dangerousness of passage is such as is not for inconsiderable Causes to be attempted under the value limited by former Acts of Assembly In whaâ— Cases only Appâ—als are to be mâ—â—â— from Nâ—â—â—hâ—mpton County being Three thousand pounds of Tobacco or Thirty pound Sterling any thing in this Act to the contrary notwithstanding And be it further Enacted That all Causes of what Value or Nature soever not touching Life or Member may be tried at the County Courts and that no Arrest be made to the General Court in any Action under the value of Sixteen hundred pound of Tobacco No Appeals from County Courts to the General Court save only in Cases Criminal or Sixteen pounds Sterling upon penalty of Five hundred pound of Tobacco to be paid by the Plantiff to the Defendant for his Charges XXVII Amerciaments in the General Courts Fifty Pound of Tobacco per Cause in County Courts Thirty per Cause WHereas many Suits are raised upon frivolous occasions by Litigous persons for prevention thereof for the future be it Enacted and Confirmed That all persons whatsoever that are cast in any Cause be they Plantiffs or Defendants Amerciaments in General and County Courts stated shall be amerced besides the Damages and Costs to the Recoverers Fifty pounds of Tobacco in General Courts to the use of the Publick and in the County Courts Thirty pounds of Tobacco for the maintainance of the Commissioners for the due Collecting whereof be it Enacted That the Clerks of the General Courts and the several County Courts An Account to be kept of Amerciaments keep an exact Account of the Amerciaments and deliver or send the same to the several Sheriffs of the particular Counties who are hereby required to collect the same with the Levies and are accordingly impowered for Default of payment to make Distress Sheriffs to collect them and commanded not to return any Arrears Executors and Administrators who cannot pay without Orders always excepted XXVIII Subpoena's to be issued by the Clerk BE it also Enacted When the Clerk shall issue Subpoena's and when a Dedimus Potestatem That the Clerk of the General Court shall issue Subpoena's from the Secretaries Office for all Evidences required in the Trial of any Cause there depending if the Witnesses required do not dwell beyond the Bay or the North side of James River and if they do that then a Dedimus Potestatem shall issue for taking the Deposition in the County or Counties where the Witnesses do dwell Evidence shall be given viva voce in Cases Criminal Provided always That in Criminal Causes all Witnesses be bound over to give in their Evidences viva voce at the Trial in the General Court XXIX Dedimus Potestatem how to issue WHereas many Causes between parties and parties are lost for want of Evidence who living so far remote cannot but at a Charge and Expence far exceeding the value of the Cause be brought to give it viva voce at the General Court or at the County Courts if the party dwell out of the County or else a greater mischief is introduced by the partial and illegal Examination of Witnesses in presence of but one party before some one Commissioner perhaps too favourably inclined to the party in whose behalf the Depositions are taken besides the trouble expence and hindrance of the Witnesses themselves who many times are forced One hundred Miles from the Place of their Residence for a small allowance to give Evidence in Trials of petty and inconsiderable values for remedy whereof and that all Parties may with more convenience less trouble and cost have their Evidences impartially and legally taken Be it Enacted and Confirmed That if the Cause to be tried at the General Court the Governour if in any County Court any one of the Council or the Judge of the Court A Dedimus Potestatem in what Cases to be granted by whom and to whom it shall be directed shall Grant and Sign a Writ of Dedimus Potestatem for Examination of Witnesses in the Counties where they dwell directed to Three such Persons as the Plaintiff and Defendant if they both desire the Writ shall by consent make choice of and nominate but if it be the single request of either Plaintiff or Defendant then the Governour Councellor or Judge of the County Court out of Court time shall nominate and appoint three or more such indifferent Persons to Examine all such Witnesses as by the Party desiring the Writ they shall be moved to Summon before them and to this end the Commissioners thus made choice of or appointed to execute the Writ or any two of them shall by the said Writ be impowered and required to appoint a time and place when and where they will receive the Evidences and to issue out Subpoena's for their Appearances accordingly and if upon such Summons any of the Witnesses refuse and neglect to come and give in their Evidences then the Commissioners or any two of them The Non-appearance of Witnesses in case of a Dedimus Potestatem finable be further impowered by this Act to lay such a Fine upon them as the Act of Assembly gives in such Cases for Non-appearance of Witnesses at the General or County Courts Provided always That the Parties procuring the Writ shall give the Party concerned against him notice of the time and place when and where the Commissioners intend to sit at least ten days before the day appointed by the said Commissioners for putting it into Execution And be it further Enacted That the said Commissioners or any two of them which take the said Examinations shall immediately subscribe them seal them and the Writ up and return them with the Writ so sealed up to the Clerk of the General Court if the writ issue from the Governour or else to the Clerk of the County Court whence the Warrant issued by either of the said Clerks to be read at the time of the Tryals of the Cause in either of the said Courts XXX Penalties for Non-appearance of Evidences BE it also Enacted That the Penalties to be inserted in Sub-poena's to the General Courts for Non-appearance of the Evidences summoned Penalty of
Act of Assembly providing for Lands for Churches and Mills and that there be allowed free liberty of ingress and egress to and from such house or houses not committing any Trespass Tobaccoes during their Transporting unto and whilst they are continued in the houses aforesaid are exempt from any Execution or Attachment for Debts contracted before the making this Act. for encouragement of all that shall Transport their Tobaccoes to the appointed places mentioned in this Act it is also hereby Enacted that no Execution Attachment or other Process in Law shall be executed or laid upon any the said Tobaccoeâ— in the time of the Transportation thereof to the said appointed places or in the Ware-houses for any Debt contracted before the passing this Act the party that removes or transports such Tobaccoes having first made Oath before a Magistrate that he is really and Bona fide Transporting the same to one of the said Ware-houses and for encouragement of Carpenters Sawyers Brickmakers Briclayers Labourers and all other Tradesmen whatsoever that will cohabit dwell and exercise their Trades within the said appointed places or any of them it is hereby enacted by the Authority aforesaid that all such persons so inhabiting shall within the limits and bounds of the several respective places be wholly free from any arrest of their persons or seizure of their Estates for such Debts as were formerly contracted for and during the term of five years to come next after the publication of this Law Tradesmen who will dwell in the places aforesaid shall be freed from the payment of former Debts of five years not barring the Creditor or Creditors to sue for and recover their Debts when the time of five years is expired any Law Custome or Usage to the contrary notwithstanding And it is hereby further Enacted that all such Tradesmen and Labourers cohabiting in the places aforesaid not planting tending or making Tobacco shall be free and acquit from paying any Publick Levy during the term of five years from the Publication of this Act. Provided always and it is hereby meant and intended to be meant Such persons not Planting Tobacco shall also-be freed from the pay-men of publick Levyes for 5. years that all such Debts as shall accrew by any bargain or contract made or to be made within the limits of the said appointed places or any one of them immediate Process may be granted thereon any thing in this Law to the contrary notwithstanding and for the more sure reserving all such Tobaccoes as shall be brought to the aforesaid Stores or Ware-houses No Collector shall make seizure of any Tobaccoes while in such places for publick County or Parish Levies to the use and advantage of the Owners thereof it is hereby further Enacted by the Authority aforesaid that no Collector or Collectors of Levy or Parish-Tiths shall make distress or seizure of any Tobaccoes in such places for publick County or Parish-Levies or for Sheriffs or Clerks-Fees but that all Sheriffs and Publick Collectors shall be and hereby are enjoyned to Collect and receive the Tobaccoes Due in their Collections as heretofore was usual and the Publick or other Creditor to receive the same accordingly And be it further Enacted by the Authority aforesaid and it is hereby Enacted that for the better adnavcement of the Price of Tobacco and lessening of Freight that no Merchant Facture or Adventurer whatsoever arriving with any Goods VVares Servants Slaves or other Merchandize whatsoever into this Colony shall presume to buy Ship off or Freight any Tobacco whatsoever from any of the before appointed places at any time or times before the twentieth day of March 1681. by which time it may be presumed and believed all Tobaccoes whatsoever which shall be made in this Colony may be brought to the said appointed places under the Penalty of forfeiting and losing all such Goods VVares c. and all Tobaccoes so purchased one half to his Majesty and the other half to him or them that shall or will inform or sue for the same any Law Usage or Custom to the contrary in any wise notwithstanding Persons dwelling within the said appointed places have liberty to sell their Tobacco at any time Provided always and it is hereby meant and intended that this Restriction shall continue two years from the said twentieth of March and no longer Provided always that notwithstanding any thing in this Act contained any Inhabitant dwelling within the said appointed places have liberty to fell such Goods and Merchandizes as they have of their own at any time Provided also and it is hereby Enacted that if two or more Counties lying convenient to each other shall within the two months before recited agree together on one common place and Town for each their Counties and lay out the ground for the same in Common betwixt and amongst them Where two or more Counties lye conveniently one such Ware-house may serve in Common and there build houses as by this Act is enjoyned that then such one Town so agreed on appointed laid out and built upon shall serve and be sufficient for such two or more Counties any thing in this Law to the contray notwithstanding and it is hereby further Enacted that all Magistrates take due care to see this Act be strictly observed and put in Eâ—ecution VI. An Act Ascertaining Attorneys Fees VVHereas all Courts in this Countrey are many times hindred and troubled in their Judicial proceedings by the impertinent discourses of many busy and ignorant men who will pretend to assist their Friend in his business and to clear the matter more plainly to the court although never desired or Requested thereunto by the person whom they pretend to assist and many times to the Destruction of his cause No Person not licenced by the Governor shall plead as an Atorney in the General or County-Courts and great trouble and hinderance of the court for prevention whereof for the future 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 no Person or Persons whatsoever shall practise as an Attorney or appear to plead in the General court or any County-court in this countrey but such as shall be first Licenced by his Excellency or Successors thereunto and that any one that shall presume to plead in the General court or any County or other Court without such Licence first obtained and had shall forfeit for every such Offence committed in the County-court six hundred pounds of Tobacco The Penalty and in the general court 2000 pounds of Tobacco the one half to our Soveraign Lord the King his Heirs and Successors and the other half to the Informer to be Recovered by Action of Debt Bill Plaint or Information in the said court or courts where such Offence shall be committed and be it further enacted by the authority aforesaid that no Attorney
or Attorneys so Licenced as aforesaid take demand or receive from any persons for any cause in the general court Five hundred pound of Tobacco the Attorney Fee for pleading a Cause in the General Court and 150 for every cause in County-courts and bringing the same to Judgment more then five hundred pounds of Tobacco and Cask and for any cause in the County-court and bringing the same there to Jugdement more then one hundred and fifty pounds of Tobacco and Cask and it is hereby declared and enacted that every Attorney or Attorneys shall have for every cause he undertakes in the general court five hundred pounds of Tobacco and Cask and for every cause he undertakes in the County-court one hundred and fifty pounds of Tobacco and Cask which he may Lawfully claim without any Pre-agreement made with the parties for the same and be it further Enacted by the Authority aforesaid and it is hereby Enacted that all such Attorney or Attorneys that shall refuse to plead any cause in the general court for the aforesaid ascertained Fee of five hundred pounds of Tobacco and Cask shall forfeit and pay to the person grieved five hundred pounds of Tobacco and Cask after Legal conviction on due proof thereof made to be Recovered by due Process of Law Fine laid on Attorneys Refusing to plead for the Fee aforesaid and upon Refusal of any cause in the County-Court shall pay to the party grieved one hundred and fifty pounds of Tobacco and Cask after legal conviction as aforesaid to be Recovered by due process of Law Any Person may notwithstanding plead his own cause Provided always that this Act or any clause therein shall not extend to debar any man that is capable of pleading and managing his own cause in any the said general or County-courts but that he may be permitted and allowed to plead and manage his own business any thing in this Act to the contrary notwithstanding VII An Act Ascertaining the time when Negro-Children shall be Tythable WHereas it is deemed too hard and severe that children as well Christian as Slaves imported into this Colony should be lyable to Taxes before they are capable of working 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 all Negro Children imported or to be imported into this Colony shall within three months after the publication of this Law or after their arrival be brought to the County-Court where their Age shall be adjudged of by the Judges holding Court and put upon Record which said Negro or other Slave so brought to Court Adjudged and Recorded shall not be accounted Tythable until he attains the age of twelve years Negro Children imported shall not be accounted Tythable till 12 years of Age. any former Law Usuage or Custom to the contrary notwithstanding And be it further enacted by the Authority aforesaid and it is hereby enacted that no Christian Servants imported into this Country And Christian Servants Imported not till they are 14. shall be Tythable before they attain to the age of fourteen years any former Law Usage or Custom to the contrary notwithstanding VIII An Act Licensing a Free Trade with Indians BE it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly that all former Acts of Assembly Restraining Limiting and Forbidding Trading with Indians be and stand hereby Repealed and they are hereby Repealed and that henceforth there be a free and open Trade The time this Act shall continue in force for all persons at all times and places with our friendly Indians and that this Act continue in force until the end of the next Sessions of Assembly IX An Act ascertaining Allowance for Cask BE it enacted by the Kings most excellent Majesty and with the consent of the General Assembly and it is hereby Enacted that from and after the Publication of this Law the allowance of Cask for Publick County and Parrish-Levys and for Clerks and Sheriffs Fees be eight per Cent. and no more Allowance of Cask for Publick and County Levys c. shall be eight per Cent. and no more and that all Sheriffs or other Collectors of the same shall allow the Planter or others eight per Cent. for his Cask as aforesaid upon Penalty of paying for refusing so to do one hundred pounds of Tobacco to the Party grieved and to whom he shall deny such allowance on due proof thereof made to be recovered by action of Debt in any Court of Record or before one single Justice of the Peace if the same exceed not Two Hundred Pounds of Tobacco X An Act for preventing Negroes Insurrection WHereas the frequent meeting of considerable numbers of Negro-Slaves under pretence of Feasts and Burials is judged and deemed of dangerous consequence for prevention whereof for the future 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 it shall not be lawful for any Negro or other Slave to carry or arm himself with any Club Staff Gun Sword or any other Weapon of Defence Negroes shall not go armed nor depart from off their masters ground without Certificate or offence nor to go or depart from off his Masters Ground without a Certificate from his Master Mistress or Overseer And such permission not to be granted but upon particular and necessary occasions and every Negro or Slave so offending not having Certificate as aforesaid shall be sent to the next Constable who is hereby enjoyned and required to give the said Negro twenty lashes on the bare back well laid on and so sent home to his said Master Mistress or Overseer Resistance of Negroes or any other slaves punished and it is further enacted by the Authority aforesaid That if any Negro or other Slave shall presume to lift up his hand in opposition against any Christian shall for every such Offence upon due proof made thereof by the Oath of the Party before a Magistrate have and receive thirty lashes on the bare back well layed on And it is hereby further enacted by the Authority aforesaid that if any Negroe or other Slave shall absent himself from his masters service and lye hid and lurking in obscure places committing injuries to the Inhabitants shall resist any person or persons that shall by any lawful authority be imploied to apprehend take the said Negroe that then in case of such resistance Fugitive-Negroes resisting such as are imployed to apprehend them may be killed it shall be lawful for such person or persons to kill the said Negroe or Slave so lying out and resisting and that this Law be once every six months published at the Respective County-Courts and Parish Churches within this Colony XI An