first purchase of such servants by some Christian although afterwards and before such their importation and bringing into this Country they shall be converted to the Christian Faith and all Indians which shall hereafter be sold by our Neighbouring Indians or any other Trafficquing with us and for as slaves are hereby adjudged deemed and taken and shall be adjudged deemed and taken to be slaves to all intents and purposes any Law Usage or Custome to the contrary notwithstanding II. An Act declaring Indian-Women-Servants Tythables WHereas it hath been doubted whether Indian-Women-Servants sold to the English above the age of sixteen years be Tythables Be it enacted and declared and it is hereby enacted and declared by the Governour Council and Burgesses of this General Assembly and the authority thereof That all Indian-Women are and shall be Tythables and ought to pay Levies in like manner as Negro Women brought into this Country do and ought to pay III. An Additional Act for the better preventing Insurrections by Negroes WHereas a certain Act of Assembly held at James City the eighth day of June in the year of our Lord 1680. Entituled An Act preventing Negroes Insurrections hath not had its intended effect for want of due notice thereof being taken It is enacted by the Governour Council and Burgesses of this Present General Assembly and by the authority thereof that for the better putting the said Act in due execution the Church-Wardens of each Parish in this Country at the charge of the Parish by the first day of January next provide True Copies of this and the aforesaid Act and make or cause entry thereof to be made in the Register Book of the said Parish The Act of the eighth of June 1680. for preventing Insurrections of the Indians shall be read publickly in all Churches and Chappels of Ease twice every year and that the Minister or Reader of each Parish shall twice every year viz. Some one Sunday or Lords-day in each of the Months of September and March in each Parish-Church or Chappel of Ease in each Parish in the time of Divine Service after the Reading of the Second Lesson Read and Publish both this present and the aforesaid recited Act under Pain such Church-Warden Minister or Reader making default to forfeit each of them six hundred pounds of Tobacco one half to the Informer and the other half to the use of the Poor of the said Parish And for the further better preventing of such Insurrections by Negroes or Slaves Be it likewise Enacted No person shall permit any Indian or Slave not belonging to him to continue on this Plantation above four hours without leave of the said Indians or slaves Master and it is hereby Enacted by the authority aforesaid that no Master or Overseer shall at any time after the twentieth day of January next knowingly permit or suffer without the leave or licence of his or their Master or Overseer any Negro or Slave not properly belonging to him or them to remain or be upon his or their Plantation above the space of four hours at any one time contrary to the intent of the before recited Act upon pain to forfeit being thereof lawfully convicted before some one Justice of the Peace within the County where the Fact shall be committed by the Oath of Two Witnesses at the least the Sum of two hundred pounds of Tobacco in Cask for each time so offending to him or them that will sue for the same for which the said Justice is hereby impowered to award Judgment and Execution IV. An Act Prohibiting the Exportation of any Iron Wool Wolfels Skins Hides or Leather VVHereas it is found by experience that Iron Wool Wolfels Skins and Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf are very necessary and profitable for the use and support of the Country and would be found profitable for the setting to work many men women and children in this Country which lye idle for want of Employment some naked for want of such Necessaries as might be wrought out of the same which they are kept from by Reason of the great quantities of them Yearly exported out of the Country to the great Impoverishment of the Inhabitants thereof for the better preventing and avoiding such Losses and Inconveniencies that have happened and do and may happen to this Dominion by and through the carrying and conveying away the Exportation and Transportation of Iron Wool Woolfs-Skins or Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf out of and from this Country and for the better setting on work the poorer and weaker sort of People of this Country and to the intent that the full and best use and benefit of such principal Native Commodities may come and redound and be unto and amongst the Inhabitants of the same the House of Burgesses now assembled do pray that it may be enacted and be it enacted by the Governour Council and Burgesses of this General Assembly and by the Authority of the same That no person or persons whatsoever from and after the first day of January next shall directly or indirectly export transport carry or convey or cause to be exported transported carryed or conveyed out of or from the Dominion or country of Virginia into any parts or places out of the same any Iron Wool Wolfels Skins or Hides or any manner of Leather Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf nor shall directly nor indirectly load or lay on board or cause to be loaden or laid on board in any Ship Sloop Boat or other Vessel in any place or port within this Dominion any such Iron Wool Woolfels Skins or Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf except only such Hides and Iron as shall appear by the Oath of the Owner to be directly transporting to some Tan-house or Smiths in this Country to be there wrought up And be it further enacted by the Authority aforesaid that all and every the Offender and Offenders Offence and Offences aforesaid shall be Subject and Lyable to the Respective Pains Penalties Forfeiture of Iron Wool Hides c. Tanned or Vntanned put on Board for Exportation and Forfeiture hereafter following that is to say the said Iron Wool Woolfels Skins or Hides or any manner of Leather Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf so put on board to be Exported Transported carryed conveyed or loaden contrary to this Act shall be forfeited and that every Offender and Offenders therein shall forfeit forty pounds of Tobacco for every pound of Wool and Woolfels and one hundred and fifty pounds of Tobacco for every Skin or Hide or any manner of Leather Tanned or Untanned of any Deer Ox Bull Cow or Calf and Ten Pounds of Tobacco for every pound of Iron and also the Owner or Owners of such Ship or Vessel knowing such Offence shall forfeit all their Interest in the said
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
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
granted in open Court at the times and places by Law appointed Provided always That it shall and may be lawful for the d spatch of Merchants and other Sea affairs A Proviso made which cannot without much prejudice and detriment to the said Merchants or Masters be deferred till the Courts in course should come it is Enacted That it shall be lawful for any Justice of the Quorum by his Warrant directed to the Sheriff to call a particular Court and to summon any person or persons before them XXXVII Trials by Juries WHereas the Seventieth Act made in 1642 and continued by the Ninety first Act 1657 seems to restrain both Plantiff and Defendant from trial by Juries unless the Plantiff in his Declaration or the Defendant upon entry of his Appearance do desire the same which restriction is quite contrary to the Law of England by which the trial of all matters of Fact is as appropriate and inherent in the Jury as matter of Law is in the Judges for which causes and that we may in all our Trials come as near as may be to the Laws of England by which we are to be governed as our present Capacities will admit Be it Enacted That every morning the Court sits whether the General or County Courts Juries appointed as well in County Courts as in the General Courts the Sheriff of the County in which it sits shall impannel a Jury to attend the Court that day to try such Causes as the Court shall find proper to be referred to them and that when ever a Jury is sent out an Officer sworn to that purpose shall keep them from Meat and Drink until they have agreed on their Verdict XXXVIII Grand Juries to present Offenders WHereas the several Laws instituted and made for the redress of several Misdemeanors and Offences either through the remissness of the County Courts or the Justices that keep the same or else through the Defect of the Laws in not appointing some peculiar Officers to look narrowly after the Offenders and to make presentment thereof to the said Justices at their County Courts by which means the Laws themselves are slighted and contemned and become wholely useless and ineffectual Be it therefore Enacted and Confirmed That Juries of Inquest be Impanneled and Sworn in every County to enquire of breach of all Penal Laws in their several Counties and that they make Presentment thereof to the General County Courts twice yearly Viz. in April Court and December Court Grand Juries shall in each County twice a year make Presentments when the Justices are to receive them and find them according to Law and to take for Evidence the Presentment of the Jury if made upon the certain knowledge of any of them or otherwise the Parties that inform the Jury to give their Evidence to the next Justice in presence of the Party presented which Deposition being produced by the Jury with their Presentment shall be sufficient ground for the Court to pass Judgment against the Offenders XXXIX Pillories to be Erected at each Court WHereas many Offences are punishable by the Laws of England and of this Countrey with Corporal Punishments A Pillory a Whipping Post and a Pair of Stocks c. to be set up in every County for executing whereof no such Provision hath been made as the said Laws require Be it therefore Enacted That in every County the Court cause to be set up a Pillory a pair of Stocks and a Whipping-Post near the Court House and a Ducking-Stool in such place as they shall think convenient that such Offenders as by the Laws are to suffer by any of them may be punished according to their Demerits and the Court not causing the said Pillory Whipping-Post Stocks and Ducking-stool to be erected within Six Months after the Date of this Act shall be fined Five thousand pounds of Tobacco to the use of the Publick XL. Fines to be disposed of by the Assembly WHereas divers Trespasses against the Publick are punishable by Fines which are by the present Law to be disposed of to the use of the Counties in which the Trespass is committed and yet nothing done for the good of any County as was intended whereby it may be presumed that the said Fines are either not gathered whereby the Trespassers by this lenity and impunity are encouraged to persist in their contempts of the Laws or else the said Fines are by some evil Common-Wealths-men perverted to their private uses for prevention whereof for the future Courts only shall impose and collect Fines Be it Enacted That the Courts shall only lay and collect the Fines and that they cause the Clerk of their respective Courts to keep an Account thereof and to return the Estreatments to the Clerk of the Assembly at James City by the third of the General Court held there in March yearly And it is further Enacted That the said Clerk of the Assembly do annually attend accordingly during the time at the place aforesaid to receive them and at the next Assembly to present them to the Burgesses who are to order the disposal of the said Fines as to them shall seem most necessary for the good and benefit of the several respective Counties wherein they accrued due always proportioning to every County the use of all the Fines which were levied therein XLI Supersedeas by whom and how grantable WHereas the Writ of Supersedeas hath of late been too frequently granted upon slight pretences of Error in the Court thereby not only injuriously delaying Justice and keeping Men from their just Dues but also bringing Calumnies and Aspersions upon the Courts themselves Be it therefore Enacted That no Supersedeas whatsoever shall hereafter be granted No Supersedeas shall be granted but by the Governour and two of the Council but by the Governour and two of the Council nor by them unless the party desiring it make it probably appear to them that there is Error in the Judgment and shall then also give good Security to make good his Plea and if he be cast at the next General Court to pay the Principal with Five and Twenty per Cent. Damages besides Costs XLII Prisons to be built in each County WHereas the first Act of the Assembly held at James City the 3d of November 1647 and continued by the Assembly held there the third of March 1657 for prevention of Escapes for Prisoners hath Enacted That suffiicent Prisons should be built in each County and that an House built after the form of a Virginia House our Abilities not extending to build stronger should be accounted a sufficient Prison and that any person being a Prisoner for Debt or Crime And breaking one of those Prisons should be proceeded against as a Felon and that neither Court Commissioner nor Sheriff should be answerable for such escape and whereas the Sixty first Act of the Assembly held at James City the said Thirteenth of March 1657 makes the
that he be fined for such neglect at the discretion of the Assembly Always provided he have the Writs signed Forty days before the day of the Return LXXXIV Burgesses ascertained WHereas the charge of the Assemblies is much augmented by the great number of Burgesses unnecessarily chosen by several Parishes Be it Enacted Two Burgesses from each County That hereafter no County shall send above two Burgesses who shall be Elected at those places in each County where the County Courts are usually kept Provided always That James City being the Metropolis of the Country One for James City in particular shall have the Priviledge to Elect a Burgess for themselves and every County that will lay out One hundred Acres of Land and people it with One hundred Tythable persons that place shall enjoy the like Priviledge LXXXV Burgesses Charges ascertained WHereas the immoderate Expences of the Burgesses causing divers heart-burnings between them and the People occasioned an Injunction to make agreement for the allowance before the Election which may hereafter probably induce interested persons to purchase Votes by offering to serve at low Rates by which means that Candour and Freedom which should be in the Choice of persons credited with so honourable and great a trust might be very much prejudiced and the place it self become mercenary and contemptible Be it therefore Enacted That the maintainance of every Burgess shall be One hundred and Fifty pounds of Tobacco and Cask per day besides the necessary charge of going to the Assembly and returning LXXXVI Burgesses to appear upon the Day VVHereas many Inconveniences happen by the not appearing of Burgesses upon the precise day of the Return of the Writ as leaving the business of the greatest Importance the prudent choice of a Speaker to a small party that first appears upon which divers Animosities may arise in some that dislike the Election to the great detriment of the Publick Affairs which by this means are retarded and the charges of those Counties whose Burgesses first appeared increased Be it therefore Enacted That what Burgess soever shall fail in making his Appearance and attending the Assembly precisely upon the day of the return of the Writ shall be fined for every days Absence Fine laid upon Burgesses for not appearing on the precise day of the Writ Three hundred pounds of Tobacco to be disposed of by the Assembly unless he be obstructed by some such Impediment as the House shall judge might be a lawful and reasonable Cause to hinder his Coming LXXXVII Burgesses not to be Arrested FOR the dispatch and reputation of the Publick Business Be it Enacted That none of the Burgesses of any Assembly nor any of their Attendants shall be Arrested from the time of their Election until Ten Days after the Dissolution of the Assembly wherein he serves as a Burgess Provided That if the Assembly be Adjourned for above a Month Burgesses not to be Arrested unless the Assembly be adjourned for above a Month. the several Burgesses shall Ten days after that Session be liable to Arrests and other Processes and if in the interval of Sessions they be Arrested and Prosecuted to Execution and that served the Execution shall be suspended Ten days before the next Session of that Assembly and continue so until Ten days after it at which time the priviledge of Burgess shall cease and determine LXXXVIII No Order to contradict an Act. BE it Enacted and Confirmed That no Act of Court or Proclamation No act of Court or Proclamation shall contradict an Act of Assembly shall upon any pretence whatsoever enjoyn Obedience thereunto contrary to any Act of an Assembly until the reversal of that Act by a succeeding Assembly LXXXIX Assemblies to enquire after the Breach of Laws WHereas several Laws have been by divers Assemblies made for the good of this Country which for want of due Observation have not produced the desired Effect And whereas it is by this Assembly Enacted That the Grand Jury of Inquests should twice annually make Presentment of the breach of all Penal Laws and that the Assembly should dispose of the Fines levied upon the several Offenders for the use of the Counties wherein they accrued due Be it Enacted That for the future the first day of every succeeding Assembly shall be imployed in receiving the said Presentments of the Grand Jury and to enquire into the remissness of Juries and Courts and how the Laws have been put in Execution and disposing the Fines that by that means the Laws may be restored to their due Vigor and Offenders be deterred from Neglect or Contempt when they shall find a severe Account of their Observation is so diligently enquired into XC Publick Letters how to be Conveyed WHereas the remoteness of divers places in the Country from James City and the necessity of communicating divers Businesses to the utmost limits of it would if messengers were pressed purposely put the Country to an annual great expence for prevention thereof Be it Enacted That all Letters superscribed for the use of his Majesty or the Publick shall be immediately conveyed from Plantation to Plantation to the place and person they are directed to under the penalty of Three hundred and Fifty pounds of Tobacco to each default and if any Person be put thereby to any extraordinary Charge Extraordinary Charges in conveying publick Letters to be allowed by the County Courts the Court of each County is hereby authorized to judge thereof and to levy payment for the same the Superscriptions being signed by the Governour some one of the Quorum or the Collonel Lieutenant Collonel or Major of a Regiment and where any person in the Family the said Letters come to can Write such person is required to endorse the day and hour he received them that the neglect or contempt of any person stopping them may be the better known and be punished accordingly XCI Divulgers of false News WHereas many idle and busie-headed People do forge and divulge false Rumors and Reports to the great disturbance of the Peace of his Royal Majesties leige People in this Collony Be it Enacted That what person or persons soever shall forge or divulge any such false Reports tending to the trouble of the Country Divulgers of false News fined Two thousand pounds of Tobacco and to give Security for their good Behaviour he shall be by the next Justice of the Peace sent for and bound over to the next County Court where if he produce not his Author he shall be fined Two thousand pound of Tobacco or less if the Court think fit to lessen it and besides give Bond for his Behaviour if it appear to the Court that he did maliciously publish or invent it XCII Chirurgeons Accounts regulated VVHereas the excessive and immoderate Prices exacted by divers a varitious and griping practicioners in Physick and Chirurgery hath caused several hard-hearted Masters swayed by profitable more than charitable respects rather to expose
some one of their Great Men to the next of the Militia which shall be nominated and appointed by the Governour for that purpose and acquaint him with as much as they know concerning the Nation the Numbers and which Way they conceive they will bend their Course and if they then shall desire any aid from us to secure them that a Party be sent presently out by the Collonel of the Militia to that purpose which by this our assistance and reciprocal care will make them and us have an equal interest in each others preservation while on the other side we being ignorant of the Marches of Forreigners impute all damages we then receive which is then commonly most to our Neighbours how innocent soever And it is further Enacted That if any Indian by the inveigling of any English or of his own will shall without leave of the King or great Man of the Place come within the bounds limitted them and there procure harbour or entertainment Penalty of harbouring Run-away Indians it shall be lawful for any English Man to take the said Indian and to convey him to his Town to be punished and to recover of the English Man that harboured or entertained him so much per day as by the Law for entertaining other run-aways is recoverable And be it further Enacted That what English Man Trader or other shall bring in any Indians as Servants and shall assign them over to any other shall not sell them for Slaves nor for any other time than English of the like ages should serve by Act of Assembly And because heretofore many entertained Indians by Licences of particular Persons No person shall entertain any of the Neighbouring Indians for Servants without Licence from the Governour who did much damage to their Neighbours Be it henceforth Enacted That no Person of what Quality soever shall entertain any of our Neighbouring Indians as servants or otherwise unless by a Licence obtained from the Governour himself upon their Obligation that desire it to be answerable for all the injuries and damages that the Indians by them entertained shall do to any English CXXXVII Clerks Fees to be paid WHereas by a former Act of Assembly Clerks of Courts were made uncapable of recovering their Fees after they had been Two Years due Be it Enacted That the said Act be repealed and that all their Accounts shall be Three years pleadable Clerks Fees shall be pleadable Three years and that hereafter all Sheriffs or Collectors shall either receive distrain for or secure by Bill all Secretary or Clerk of Courts Accounts delivered them and be allowed Ten per Cent. for what is received and Five per Cent. for what Bills are taken and the Sheriff or other Collector not receiving or securing as aforesaid to be responsible for the Account omitted Provided That they the said Sheriff or Collector shall not be liable for the Account of any Person removing out of the County before the laying the Levy unless they receive the Levies or Sheriffs Fees and then to be acccountable for the Clerks Fees also Provided also That the Clerks deliver or send their Accounts attested under their Hands to the said Sheriff or Collectors within four days after laying the Levy in their several Counties The Secretaries Fees BE it Enacted and Confirmed by this present Grand Assembly That the Secretaries Fees shall be as followeth viz. Â l. Tob. pounds of tobacco Imprimis For a Patent and recording it 80 For a Commission of Administration and recording it 60 For a Probate and recording it 60 For a Commission to trade 50 For a Deposition 15 For a Bond and recording it 40 For a Copy of a Patent 30 For recording a Letter of Attorney 30 For recording a Will 30 For a common Warrant 15 For an Order 15 For a Copy of an Order 15 For recording a Bill or Receipt 10 For an Execution 30 For a Pass 30 For a Subpoena 15 For a Petition if writ 15 For a Certificate for Lands 15 For a Copy of an Act of Assembly 15 For recording a Bill of Sale or such like 30 For a Commission for the Militia or Court 50 County-Court-Clerks-Fees BE it also further Enacted That the County-Court-Clerks-Fees be as followeth viz. Â l. Tob. pounds of tobacco Imprimis For an Action 8 For entring an Order 8 For the Copy of an Order 8 For an Execution 15 For an Attatchment 15 For a Deposition 10 For a Copy of a Deposition 10 For Administrations and Probates both at 60 For a Subpoena 10 For a Petition if they write it 10 For Entry of a Petition 3 For a Certificate for Land 20 For any other Certificate 10 For recording of any Business Orphans excepted 20 For recording Inventories and Conveyances 30 For a Scire Facias in any Court 10 And if any thing else be done by them then what is here expressed the Commissioners to adjudge the Fee The Sheriffs Fees BE it also Enacted That the Sheriffs Fees shall be as followeth viz. Â l. Tob. pounds of tobacco Imprimis For an Arrest 10 For Bond 15 For going into Prison 10 For Whipping 20 For Pillory 20 For serving a Subpoena 10 For serving an Execution if under 100 l. of Tobacco 10 If above 100 to 500 20 If above 500 to a Thousand 40 If unto Two Thousand 60 If above Two Thousand Ten Pounds per Thousand For Summoning and Impannelling a Jury for every Cause Twelve Pounds of Tobacco and for every person Summoned Five Pounds of Tobacco Attatchments as for Arrests And if further trouble to be allowed by the Court. And whereas some of the Sheriffs Fees upon Execution have heretofore seemed to have been Arbitrary this Assembly have thought fit to ascertain them and to Enact That he shall have for Summoning every Appraizer Ten Pounds of Tobacco and the Appraizer to have Thirty Pounds of Tobacco per Cause if they finish it in one day and 30 per day if thay are longer about it The Clerk of the Assemblies Fees BE it Enacted by this present Grand Assembly That the Clerk of the Assemblies Fees shall be as followeth viz. Â l. Tob. pounds of tobacco Imprimis For Entry of a Cause by Return Plea or Petition 20 For an Order and Copy of an Order 20 For Denization 50 For Naturalizing 50 For County Courts Commissions 50 For Militia Commissions if granted by Assembly 50 For Copying the Acts of every Assembly 300 For the whole Body of the Acts Writing 300 For Attesting Act of Assembly copying Answer and Replies CXXXVIII Interpreters made of the Countrey WHereas Coll. John Flood hath long and faithfully served this Countrey in the Office of an Interpreter and being now deceased It is Enacted That Thomas Flood Son of the said Coll. John Flood shall be received into the place of his Father and that Henry Newcombe be likewise made Interpreter for the Norwood At a Grand Assembly held at JAMES CITY the 23d of December 1662 and in the
is Expired And further that the Master have like Remedy against the Servant in Case of his Trespassing against him VI. An Act concerning Bounding of Counties and Parishes VVHereas there is a Law that binds us to the Bounding of our Lands Counties and Parishes to be Bounded Be it Enacted by this present Grand Assembly and the Authority thereof That the same Law be in force to the Bounding of our Counties and Parishes VII An Act repealing the Act of 10 s. per Hogshead WHereas the imposition of Ten Shillings per Hogshead on Vessels trading from New-England and the adjacent Plantations hath probably hindred their trading in this Countrey The Act for Payment of 10 s. per Hogshead repealed and drawn much trading to Mary-Land which the Burgesses taking into their serious Consideration and requesting the Right Honourable Sir William Berkley Knight and Governour who most heartily and willingly granted the taking off the said imposition of 10 s. per Hogshead Be it therefore Enacted by this present Grand Assembly That all Vessels trading here out of New-England or any other the adjacient Plantations in America shall from henceforth be free from the imposition of 10 s. per Hogshead and pay no other Dues Duties or Customs then any other Ships or Vessels trading here out of England or any other his Majesties Dominions VIII An Act concerning the Indians The Act concerning Murders committed by Indians made General WHereas at a Grand Assembly held at James City September the 10th 1663 it was provided That where any Murder was committed by the Indians upon the English the next Town of Indians was to use their uttermost Endeavour for the bringing in and discovering the Actors and Doers thereof and in regard the said Act was only limited upon the Northern-Indians This Grand Assembly have thought fit to Enact and be it Enacted That the said Law be made a General Law against all Indians whatsoever and where any Murders shall be committed upon the English the next Town is to use all their care and diligence in finding the Doers and Actors of the said Murders And be it further Enacted That if any English-man be murdered the next Town shall be answerable for it with their Lives and Liberties to the use of the publick and that the Honourable Governour be humbly requested forthwith to impower such persons as his Honour shall think fit in each County on such occasions for putting the said Law into immediate execution And that it be made known to all Indians whatsoever by those persons so commissioned within Two Months after the said Law is in force And be it further Enacted by this Grand Assembly That the said Indians shall not have power within themselves The Weromance or chief Commander of the Indians shall be chosen by the Governour of Virginia to elect or constitute their own Weromance or Chief Commander but the present Honourable Governour and his Successors from time to time shall constitute and authorize such Persons in whose Fidelity they may find greatest cause to repose a confidence to be Commander of the respective Towns and in case the Indians shall refuse their Obedience to or Murder such person then that Nation of Indians so refusing or offending to be accounted Enemies and Rebels and be proceeded against accordingly And whereas the careless manner of the English in going un-armed to Churches Courts and other Publick Meetings may probably in time incite the Indians to make some desperate attempt upon them It is further Enacted That the Honourable Governour be requested to issue his Commands to the Officers of the Militia to take care to prevent the same And it is further Enacted No person shall harbour or imploy any Indian without having first given Security and obtained Licence of the Governour That any person or persons that shall harbour entertain or imploy any Indian shall be fined Five thousand pounds of Tobacco or suffer one years Imprisonment without Bail or Mainprize unless such as shall give sufficient Security to the County Court and upon such security obtain a Certificate from the said Court and upon that Certificate a Licence from the Governour And whereas by the former Articles of Agreement it was provided that no Indians which were seated on the South-side of James River should come over the Black-Water or the Southern Branches thereof It is hereby Enacted That the said Southern Branches of Black-Water be from the head of those Branches to the present Appomattuck Indian Town and thence cross the River by a continued Line to the present Monakin Town be the bounds of the Indians on the South-side of James River IX An Act concerning the Building of a Fort. A Fort ordered to be Built IN Obedience to his Majesties Royal Commands and for the better defence of the Countrey this Assembly have thought fit to Enact and be it Enacted That a Fort be Built with all convenient Expedition where the Right Honourable the Governour shall think most convenient and that Fourscore thousand Pounds of Tobacco be levied to that purpose The Governour to direct where besides the sale of the King of Potomacks-Land Be it further Enacted That his Honour give power to press Carpenters Labourers and other Work-men and that the Carpenters finding themselves Diet and Lodging be allowed Forty five Pounds of Tobacco per day And for the better expediting and finishing the said Fort Provisions for Building the same It is hereby Enacted That it shall be lawful for the Surveyor of the Workmen to cause Pines to be fallen in any mans Land for that use paying to the Proprietor of the Land Six pence for each Tree And it is further Enacted That each person of the Trained-Bands in James City and Surrey Counties contribute Six days Work towards the perfecting the said Fort and to bring their own Provisions with them And be it further Enacted That Capt. William Bassett be Authorized Surveyor of the whole Work and have Command of the Work-men therein imployed the County gratifying him the said Capt. Bassett with Ten thousand pounds of Tobacco And the Assembly taking into Consideration what persons be fit to keep the Fort and be Captain of the same Have Enacted and it is hereby Enacted That the said Soldiers that attend the Governour at General Courts be ordered to keep the Fort those Courts excepted where a single Centinel will be sufficient and that the Capt. of the Guard have the Command of the Fort and receive a fitting Annual Satisfaction for the same and that the Souldiers likewise may have a competent Addition to the former pay And it is further Enacted That no Tobaccoes for these occasions be levied this year X. An Act Preparatory to a Stint or Cessation Vide Act 1. October 23d 1666. At a Grand Assembly held at JAMES CITY June 5th 1666. I. An Act for a Cessation Vide Act 1. Octob. 23. Anno 1666. II. An Act concerning Tenders of Tobacco WHereas it hath
the said Commissioners for observance of the said Articles under their Hands and Seals and the like reciprocally taken from the Commissioners of Mary Land shall bind this Countrey and every Inhabitant thereof to a full performance in the said Act. And that no scruple may remain are fully agreed That Two Instruments of one Tenor made one to the Governour of Virginia the other to the Lieutenant General of Mary Land from the Governour of Carolina That the Inhabitants of that Province will truly observe the Articles agreed upon between the Governours of Virginia and Mary Land Mary-Land to concur in the Cessation shall be accepted and reputed a sufficient Engagement for the Conformity of that Province in the observance of that Act And if there should appear to the Commissioners any emergent occasion for any thing or things in the aforesaid Treaty Concluded and Agreed upon to be added or altered they are by this Act impowered to proceed therein as they in their discretions shall find the necessity of Affairs to require And the Governours Honour is hereby requested by his Honours Commission and Instructions to confirm the full Power and Authority unto them and to the intent that Notice may be given to the Honourable Lieutenant General of Mary-Land of our Intentions to renew the Treaty the Governours Honour hereby requesting to send Message to the Lieutenant General of Mary-land to certifie to him that upon the 7th day of Dectember next or as soon after as Wind and Weather will permit the Commissioners of this Countrey will meet the Commissioners appointed for that Province at St. Maryes in Mary-Land to put in Execution the aforesaid act of Assembly by which means all Obstacles and Doubts will be taken away and the aforesaid Law receive a plenary and effectual Execution And it is further Enacted That the Governours Honour be requested so soon as possible after the Conclusion of the Treaty to publish and declare by his Honours Proclamation the full intent and tenor thereof to the several Counties of this Collony II. An Act shewing how Debts are to be paid the Cessation year WHereas it is apparent to all that the Establishment of a Cessation from Planting will certainly advance the Gains of the Merchant by giving him time to vend his Commodities And for that Consideration it might be justly expected that he should make some proportionate abatement in his Debts Yet this Assembly whose care it hath ever been to preserve the Rights and Properties of every Person free from the least violation have still continued the same entire and have only for the supply of peoples Necessities and enabling them to provide for their Subsistance in the Vacant year from Planting have Enacted and by the Governour Debts due the Cessation-year to be paid one half down Time to be allowed for the other half giving reasonable Security Council and Burgesses of this Grand Assembly and the Authority thereof Be it Enacted That for all Debts already Contracted to be paid this present year in Tobacco except publick Dues any Debtor paying one half of the said Debt in kind shall have liberty for the payment of the other half until the 10th of November 1668 giving reasonable Security if requested to pay the remaining half at the time aforesaid and in case the Creditor will not stay out that time but prosecute the Debtor for payment to be made sooner it shall be in the liberty and choice of the Debtor to make Tender of his Estate before the next Justice of Peace to legal valuation for Payment of the said Second Moiety Provided That if the said Debt be under Two Hogsheads of Tobacco it shall not be lawful for the Debtor to prejudice the Creditor by breaking a Hogshead of Tobacco and paying a Parcel thereof III. An Act for Valuation of Commodities for payment of Publick Dues BE it also further Enacted by the Authority aforesaid That all Publick Dues this year in regard of the Cessation and Cause that expectation of advancing the Value of Tobacco there be an abatement of the Sums formerly allowed And that all Publick and County Debts Ministers and Parish Dues Officers Fees Fines Quit Rents and all other Rates and Debts generally that shall be contracted and become due in the vacant year from Planting may be paid in the Countrey Commodities at the Rates here following Valuation of Commodities for payment of Publick Dues during the Cessation from Planting Viz. Wheat Garravances and English Pease per Bushell Forty pounds of Tobacco or Four Shillings Indian Corn shell'd Two Shillings or Twenty pounds of Tobacco Barley per Bushell Thirty five pounds of Tobacco or Three Shillings six pence Wound Silk per pound Two hundred pounds of Tobacco or Twenty Shillings Indian Pease of all sorts except Garravances per Bushell Thirty five pounds of Tobacco or Three Shillings six pence Oates per Bushell Thirty pounds of Tobacco or Three Shillings Provided That for prevention of Inconveniences that the Receiver is subject to if he have not Cask to carry his Grain it is further Enacted That the Debtor shall provide and pay the Grain in Cask and the Creditor to allow him Ten per Cent. as in case of Tobacco No rate is set upon Flax by reason of the uncertainty of the Quantity nor Beef not Pork because perishable but both these left to valuation according to Condition and Goodness IV. An Act for Rating of Ordinary Keepers Vide Act 3. Anno 1671 and Act 10. Anno 1676 7. V. An Act ascertaining Surveyors Fees VVHereas the Act concerning the Fees of Surveyors by reason of the low rates set therein which seems to have been first made above Twenty years since when Tobacco bore a greater value then can now be expected deters any Man of Parts Abilities or Integrity from exercising the said Functions in the faithful and well discharge whereof the peace and possession of the Inhabitants of this Countrey are so much concerned and yet for want of a Penalty therein expressed leaves a Liberty to every one to extort from the People what Sums they please Be it therefore Enacted by this present Grand Assembly and the Authority thereof That for encouragment of able Men in that Science to practice the same that the Fees limited in that Act be doubled viz. Fees formerly allowed to Surveyors doubled Forty pounds of Tobacco for measuring every Hundred Acres of Land if the whole Divident exceed not or amount to One thousand Acres but if under that Quantity then Four hundred pounds of Tobacco and for the same shall deliver an exact Plat of the Land Surveyed And if any Surveyor upon reasonable Demand Surveyors refusing to measure Land at the Rates herein appointed to be fined not being by Sickness or any other lawful Impediment hindred shall refuse to measure the Land of any Person whatsoever for the Consideration and Satisfaction aforesaid every such Surveyor shall be fined and pay for such his Refusal Four thousand
prosecuted at the Charge of the County but most by those Counties where the Offenders dwelt or the Fact was committed for avoidance of which Charge it is probable that many Lewd Livers by a too favourable Censure escape their deserved Punishments Be it therefore Enacted by the Grand Assembly and the Authority thereof That where the person committed hath Estate sufficient to defray the Charge of his Prosecution the Publick or County shall not be charged but the whole paid out of the Delinquents Estate and the Publick and County only then liable to satisfie where no Estate or not sufficient can be found and discovered XIV A Dispensation for Lower Norfolk to ship their Tobacco a private Act. XV. An Act repealing the Acts of Encouragement WHereas the Prudence and Care of the Publick Good in former Assemblies thought fit for the Advance and Promotion of Trade Manufactures and Staple Commodities in the Countrey to grant out of the Publick certain Encouragements for Building of Vessels making of Silk Cloth c. By which means divers people being induced to put the same in practice have by their success made evident demonstrations how beneficial the same will be This Assembly in hopes that all People now convinced of the Profits accruing thereby will of their own accord vigorously prosecute those apparent profitable designs Have therefore for the ease of the Publick Taxes thought fit to Enact and by this Grand Assembly and the Authority thereof All Acts of Encouragement repealed except the Act releasing the Imposition of 2 s. per Hogshead to the Inhabitants rf this Collony it is Enacted That all Acts of Encouragment of Silk Building of Vessels or any other things else henceforth be generally and totally Repealed and Void except the Act for release of the Impost of two Shillings per Hogshead to Inhabitants of this Countrey adventuring in Vessels belonging properly and solely to Virginia-Owners according to the 134th Act of Assembly And moreover That the Act for not planting Mulberry-Trees which every one intending to make Silk now voluntarily propagate be also repealed and made void XVI An Act for Millers to Grind according to Tourne WHereas divers Owners and Keepers of Publick Mills in this Country do refuse to Grind Corn according to Tourne for the Reward and Toll already set and appointed by Act Be it enacted by this Present Grand Assembly and the authority thereof that what person soever Master Owner or Lessee of any Mill shall refuse to grind as aforesaid shall be fined and amerced One Thousand Pounds of Tobacco for every such offence And if the Miller so refusing be a servant he shall be punished at the discretion of the County-Court where the offence shall be committed and complained of unless the said servant can prove that what he did was done by order of the Master which Fine shall be recovered by any person injured by Action of Debt in the Court of that County where the offence was committed XVII An Act Including Sheep in the 77th Act. WHereas the seventy seventh Act concerning the Insufficiency of Fences prohibits any injury to be done to several sorts of Beasts and Cattle amongst which Sheep are not Included It is hereby enacted Sheep Comprehended in the Act concerning insufficiency of Fences that from henceforth Sheep shall be comprehended in the said Act and dammages recovered for any injuries done to them by vertue of the Act aforesaid as for other Cattle is there provided XVIII An Act Ascertaining Dammages upon Protested Bills of Exchange WHereas it appears that many Bills of Exchange drawn upon persons in England by people resident in this Country in confidence that the Goods by them sent might produce effects sufficient to satisfy them which expectation being frustated sometimes by the miscarrying of the Ship sometimes by not sail of the Goods or pretence thereof by the Parties on whom they were drawn causes the said Bills to be protested and by the great dammage of thirty per Cent. Dammages upon protested Bills of Exchange shall not exceed 15. per Cent. given by Act against the Party that charged them is found to tend too much to the detriment and prejudice of the Inhabitants of this Country It is therefore enacted by this Present Grand Assembly and the authority thereof that from henceforth the dammage upon Bills of Exchange protested shall not exceed fifteen per Cent. and that the former Act giving thirty per Cent. be hereby repealed and made void XIX An Act declaring that no Justice shall take Fee VVHereas there is an Act intended for the Relief of poor people that Causes not exceeding the value of twenty shillings sterl or two hundred pounds of Tobacco might be determined by a Justice of the Peace without further suit and whereas Complaint hath been made that some of the Justices have contrary to the good intent of the said Act exacted Fees from the Parties coming before them for Justice to a greater value then the thing sued for amounted to It is enacted by this Grand Assembly the Authority thereof that it shall not be lawful for any Justice of the Peace to receive of any person any Fees for any Cause or Matters brought before him or determined by him XX. An Act declaring what is meant by Seating of Land VVHereas there is in all Pattents a provisional Clause for Planting or Seating the Land therein granted within three years but never yet by any Law declared what was meant by that Clause Building a house and keeping a stock one whole year upon Land shall be accounted sufficient seating thereof nor what should be accounted sufficient Seating or Planting This Grand Assembly for the better explanation thereof have declared and enacted and by the authority thereof do enact and declare That building a house and keeping a stock one whole year upon the Land shall be accounted Seating and that clearing Planting and Tending an Acre of ground for one year shall be accounted Planting and that either of these shall be adjudged as a sufficient performance of the condition required by the Patent and that after such Planting or Seating the Land as aforesaid and continuance of paying the Quit-Rents no Land shall be adjudged to be deserted XXI An Act concerning Imperfect Pattents VVHereas the Honourable Thomas Ludwell Esquire hath Informed the Assembly that he finds in the Records many Patents for great parcels of Land for which there appears not any Rights upon Record of them extant upon which the Assembly taking the Premises into serious consideration and also the great trouble and prejudice that may ensue to divers honest Inhabitants of this Country in asserting their Titles though in truth never so good yet by these neglects of the Clerk rendered in strictness of Law altogether invalid for Remedy whereof the Governour Council and Burgesses of this Present Grand Assembly have enacted and it is by the authority thereof Enacted and Ordained that for preservation of all Present Tytles and
devise more to his wife than is above determined but not less II. An Act providing for the supply of Arms and Ammunition FOr the better supply of the Countrey with Arms and Ammunition Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof Captains of Foot and Horse to take an account of what Arms and Ammunition are wanting that the Captains of Foot and Horse in each Countie do take a strict and particular account of what Arms and Ammunition are wanting in their several Companies and Troops and represent the same to their Respective Collonels at the next Countie-Court after January next But if there be not any Collonel of Horse within their Countie then the Captain of Horse to represent the said wants immediately to the Countie-Courts unto which Courts at the next Sessions following the Collonels aforesaid are by this Ast enjoyned to return and represent the wants of the Militia in their said Counties as they shall receive the same from their subordinate Officers aforesaid an Acconut thereof shall be given to the County-Courts and if any Captain of a Foot Company or Horse or Collonel of any Regiment shall fail to perform his or their duty herein shall be fined namely every Captain One Thousand Pounds of Tobacco And Collonel Two Thousand Pounds of Tobacco Officers neglecting their duty therein to be Fined And be it further Enacted by the Authority aforesaid That the particular Countie-Courts be impowered upon their Respective Counties to raise and lay a Leavy for the providing of Arms and Ammunition for supplying the wants aforesaid That is to say Muskets and Swords for the Foot and Pistols Swords Carabines for Horse And also for every Listed Souldier at the least Two Pounds of Powder Levies to be raised by County-Courts for providing of Ammunition in their Respective Counties and six pounds of Shot The said Arms and Ammunition by the Courts provided as aforesaid to remain in the hands of the Officers of the Militia for them to distribute the same as there shall be occasion and that those to whom distribution of Arms and Ammunition shall be made do pay for the same at a Reasonable Rate What Ammunition shall be provided to be Collected by the Sheriff or Collector as in Case of Levies and publick dues to the use and towards the Reimbursement of the Counties And if any Court or Courts shall fail in their duties to provide within one year after such presentment made by the Officers of the Militia aforesaid of their wants aforesaid for the full supplying thereof in manner aforesaid they shall be fined ten Thousand Pounds of Tobacco to be paid as also the other Fines imposed by this Act to the use of the Respective Counties and that the Burgesses of the several Counties be required and are hereby enjoyned to give an account unto the Assembly how this Act is put into Execution III. An Act for the better putting into execution the Act for Processions VVHereas it hath been Represented to this Assembly that the Act for Processions hath been hindred to be put in Execution for that the ascertaining the Bounds of Orphans Land is not thereby provided for Processions shall be continued Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority of the same that the Lands of the Orphans be also Comprized in that Act that is to say The Bounds of Orphans Lands to be layed forth and by whom when difference shall happen to arise concerning the Bounds of Orphans Lands and that the said differences cannot otherwise be determined nor the bounds of the adjacent Lands discovered that then such Orphans Lands be layed forth by two honest able Surveyers in presence of the Neighbourhood and two such men as shall be appointed by the Countie-Courts on the behalf of the Orphan and the charge thereby accruing sustained in manner following viz. The Orphan to pay one half of the Survey of his own Land and the Owner or Owners of the Land adjacent whose bounds are thereby also ascertained the other half and the whole charge of surveying his or their Lands IV. An Act for the Advancement of the Manufactory of Flax and Hemp. FOrasmuch as it much conduceth to the well being of any Country that the necessities thereof be supplyed from their own Industry within themselves And that the less they have occasion for from abroad the less will be depending on forreign supplies whereof the Calamity of Way and other Accidents may prevent them And whereas this Assembly having taken into their Consideration the low and contemptable price we are allowed for our Tobaccoes occasioned chiefly by the great quantities yearly made Provision made for the Manufacture of Flax and Hemp. have thought fit if it may be to abate that quantity by advancing the more usefull and necessary Manufactory of Flax and Hemp And in order thereunto have Enacted and Ordained And it is by the Governour Council and Burgesses of this Grand Assembly and by the authority of the same Enacted and Ordained That the Respective County-courts within this colony do at the cost and charge of their Counties at or before the twentieth day of October which shall be in the year 1675. procure one quart of Flax seed One quart of Flaxseed and the like quantity of Hemp-seed shall be distributed to every tythable Person in each County and one quart of Hemp seed for every tythable Person within their Counties and the same cause to be distributed among the Inhabitants and that the courts failing to procure the said Flax seed or Hemp seed and thereof to make Distribution in manner as aforesaid be fined five thousand pounds of Tobacco And be it further Enacted by the Authority aforesaid that every tythable within this Country the next year after the Distribution do make or cause to be made one pound of drest Flax and one pound of drest Hemp or two pounds of either and so yearly and every year under the Penalty of sixty pounds of Tobacco One Pound of Dressed Flax or Hemp to be yearly delivered for every quart of seed for every pound of Flax or Hemp neglected to be made as aforesaid The same to be made by such Master owner or overseer of any Family or Company of Servants or any other tythable that shall be found defficient in the Premisses and for the better discovery of such neglect and difficiency that all Masters owners or overseers who have the charge of Families Companies of Servants and other tythables at the time of laying the Levies in their Counties do produce uâ—â—o those Persons who are appointed to take the lists of tythables in each county the said quantity of Flax or Hemp or either of them by this act enjoyned to be made and the same deliver'd upon oath that it is of his or their own growth V. An Act concerning Tradesmen and other Artificers
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
Bills of Lading not containing above 20 Hogsheads ibid. In Bills of Lading exceeding that number Twelve Pence for every Cocquet ibid. Corn. Two Acres of Corn for each Tythable Page 82. Or one Acre of English Wheat ibid. Corn shall not be Exported upon penalty of paying 200 l. of Tobacco for every Barrel thereof and twice the price of other provisions Page 197. Coroner An Act ascertaining Coroners Fees Page 226. In Counties where there is no Coroner a Justice of Peace shall perform his Office and receive the Fee due to the Coroner ibid. County A Pillory a Whipping Post a pair of Stocks c. to be set up in each County Page 31. No person shall remove out of the County where he dwells without first setting up his Name on the Church-door three Sundays with his intention of removeing and whither Page 46. Cattle shall not be removed out of the County withoue notice first given to four of the Neighbourhood ibid. Counties or Parishes to make By-Laws which Laws shall be obeyed by the Inhabitants of the said Counties or Parishes Page 112. Inhabitants of the County shall obey the By-Laws thereof Page 237. Where two or more Counties lie conveniently one publick Ware-house may serve in common between them Page 266. Courts Courts formerly called Quarter Courts to be hence forth stiled General-Courts Page 14. Rules for the beginning continuance and proceedings in Courts Page 15. How the Stile of the Court shall be entred ibid. Warrants for Proceedings in Courts to be issued by the Clerk Page 16. How long Courts shall sit each day Page 18. Criminal Causes shall be tryed only at the General Courts and on the Fourth day Page 20. County-Courts appointed and how to be formed Page 26. Members of County-Courts shall take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace ibid. An what places and when County Courts shall be held ibid. Form for entring the Stile of the County-Courts Page 28. Court shall not take Cognizance of any thing under 200 l. of Tobacco ibid. Private-Courts prohibited Page 29. County Courts may grant Probates of Wills and Administrations upon the Estates of Persons dying intestate Page 48. Discounts to be made in Courts Page 69. The General Court to be held the 15th of April Page 139. Land alloted for building Court Houses Page 156. County Courts shall re-examine their Orders Page 162. An Act for opening Courts of Judicature Page 213. An Act impowering County-Courts to make By-Laws Page 237. Two Men of each Parish chose by the Free-holders and House-keepers shall sit with the Justices in County Courts for making By-Laws ibid. Criminals When several are Actors in the same Crime every one shall be fined Page 132. Criminals having Estates shall defray the Charge of their own Prosecution Page 147. Otherwise to be prosecuted at the Charge of the County ibid. D Debts NO Debts pleadable in Virginia for Goods Imported thither Page 123. Debts contracted in Virginia shall be the first paid Page 125. No Debts pleadable against Dead Mens Estates but such as were contracted within One year before their decease Page 239. Declaration Plantiff shall file his Declaration three days before the day of Hearing Page 18. Defendant shall put in his Appeal to the Plantiffs Declaration Page 28. Dedimus Potestatem How a Dedimus-Potestatem shall issue Page 24. In what Cases to be granted by whom and to whom it shall be directed ibid. The Fee for a Dedimus Potestatem Page 163. A Dedimus Potestatem may be signed by any Member of the Council Page 290. Defamation What Defamations are Actionable Page 29. Babling and Slanderous Women to be punished by Ducking Page 107. Persons provoking others by Aggravations or Terms of Distinctions fined 400 l. of Tobacco Page 216. Any person who shall either by Words or Writing Defame the Governour shall suffer a years Imprisonment without Bail c. Page 250. E. Errors A Amendment thereof Page 18. Evidence Evidence shall be given Viva Voce in Cases Criminal Page 24. Penalties of Non-appearance upon Subpoenas Page 25. Allowance for Evidences summoned to the General Court Page 193. Execution An Act permitting persons under Execution to redeem their Bodies with their Estates Page 123. Proceedings in case of an Execution for Debt and what relief may be had therein Page 124. Executions issuing upon Judgment granted by the Assembly shall be drawn by the Clerk and signed by the Governour Page 228. Writs of Execution and Writs of Attachment how to issue Page 290. Exportation No Merchant or Mariner shall Transport any person out of this Collony without Certificate Page 46 Against Exportation of English-Goods Page 87. Mares and Sheep not to be Transported ibid. Exportation of Iron Wooll Wollfells Skins Hides or Leather prohibited Page 285. F. Fasts c. A Fast to be kept annually on the 30th of January Page 7. The 29th of May appointed to be kept Holy Page 8. The 13th of September to be annually kept Holy Page 125. A Fast appointed Page 157. Fences Fences shall be four foot and a half high or else no Damages to be allowed for Trespass Page 58. Sheep comprehended in the Act concerning insufficiency of Fences Page 149. Fences of Corn-Fields shall be four foot and a half high Page 167. Fines Courts only shall impose and collect Fines Page 32. An account thereof shall be kept by the Clerk ibid. Fish An Act restraining the striking and killing of Fish between the first of April and first of November Page 281. Flax and Hemp. Flax-seed to be distributed into each County Page 79. An Act for the Manufacture thereof Page 188. One Quart of Flax-seed and the like quantity of Hemp-seed to be distributed to every Tythable person in each County ibid. One pound of dressed Flax or Hemp to be yearly made for every Quart of Seed received ibid. Twenty four pound of Tobacco allowed by the publick for every Peck of Flax-seed of the growth of the Countrey and Twenty pounds of Tobacco for every Peck of Hemp-seed Page 296. 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 Page 297. Fornication An Act against Fornication Page 73 Persons convicted of Fornication fined 500 l. of Tobacco ibid. Fornication with a Negro-man or Woman punishable Page 111. Forts and Fort-duties Three pence per Hogshead payable for Fort-Duties in Accomack c. Page 93. Masters of Ships may pay their Fort-Duties in Musquet-Powder and Shot Page 113. A Fort ordered to be Built Page 136. Forts ruinated and demolished shall be built a-new or repaired with Brick Page 176. Levies for building and repairing Forts ibid. Frontiers Plantations on the Frontiers to be strengthened with four able hands well Armed Page 126. An Act giving Seven years time for seating Frontier-Lands Page 210. G. Garisons FOur Houses for Stores and Garrisons ordered to be built at the publick Charge Page 229. Places where