Treasurer or his Deputy shall give him order to receive in his County and that the said Quit-Rents be paid as the Levies in the direct specie of Tobacco or Money And that no particular Fees or Debts be preferred before them under like penalty as for the payment of other Debts before the Levies LIII List of Tythables how to be taken WHereas the fraud of Sheriffs in bringing in the List of the Tythables hath very much augmented the Taxes of the Countrey Be it Enacted That for the better discovery of the Number of Tythables Each County to be divided into several Precincts for the more exact discovery of Tythables each County shall be divided into several Precincts in each of which a Commissioner shall be by the Court appointed to take a List of the Tythables to be brought or sent in under the hand of the Master of every Family of the names and number of Tythables he hath in his Family and if he bring in a false List the said Master shall pay treble Duties Treble Duties shall be paid for every Tythable person concealed for every person so by him concealed And be it further Enacted That the said Commissioner give publick notice in Writing to be read and set up at the door of the Church or Chappel of Ease of the Precincts he is to take Account of and of the day he will receive them Provided the day be before the Tenth of June at farthest at which time every person neglecting to bring in his List as aforesaid shall be adjudged a concealer and pay accordingly and every Commissioner failing in giving notice neglecting to take the List conniving at others concealment or not giving a true List of his own Tythables shall also pay treble Duties as aforesaid And be it further Enacted That every Commissioner in August Court following shall deliver the Accompt so taken by him and the Subscriptions of the several Masters of Families to the Clerk of the County Court who shall return an exact List of the Families to the Clerk of the Assembly the first or second day of every September General Court LIV. What Persons are Tythable WHereas several disputes have been made of what persons were Tythable It is hereby Enacted and Declared That all Male persons of what Age soever imported into this Countrey shall be brought into the List and be liable to the Payment of all Taxes Who shall be liable to the payment of Taxes and all Negroes Male or Famale being imported shall be accompted Tythable and all Indian servants Male or Famale however procured being adjudged Sixteen years of Age shall be likewise Tythable from which none shall be exempted but such Christians only as are either Natives of this Countrey or are imported Free by their Parents or others who shall not be lyable to the payment of Levies What Persons are exempted until they be Sixteen years of Age or such others as by particular Acts of Assembly are exempted LV. Councellors and Ten Persons to be exempted out of the Levy Councellors of State and Ten Persons of their Family exempted from all publick Charges and Taxes BE it Enacted That each Councellor of State for this Countrey shall be freely exempted from all publick Charges and Taxes for themselves and Ten of their Family the Ministers and Church-Duties excepted and further That all Ministers officiateing in any Cure of this Countrey shall for their attendance on the General Courts and Assemblies be exempted themselves and Six of their Family from paying any publick Taxes and further Some others also exempted That all persons that come into this Countrey at the last coming in of Sir Thomas Yates shall have their own persons exempted from paying of any publick Taxes Church Duties excepted and also from their personal Service in the Wars LVI Artificers not planting Tobacco freed from payment of the Levy Artificers or Handy-crafts men who plant no Tobacco are freed from the payment of Levies for Three Years ANd whereas all Persons Artificers and others are forced to neglect their Trades and to plant Tobacco meerly for the payment of their Levies Be it Enacted That what Artificer or Handycrafts-man soever will imploy himself and Servants only about their Trades and not plant any Tobacco at all every such Artificer and Handycrafts-man so following his Trade and not Planting Tobacco Such Persons if they shall plant Tobacco contrary to the Tenor of thhis Act shall pay double Levies either by himself or servants shall for his Encouragment be exempted from paying any Levies either for himself or servants for the Term of Three years except it be for the Ministers Dues and Church Duties Provided always That if any person claiming the benefit of this Act shall directly or indirectly at home or abroad plant or tend or cause to be planted or tended any Tobacco contrary to the intent of this Act or hire out his Servant or Servants to others to plant or tend Tobacco he shall be censuered to pay double Levies for himself and all his Tythables to the use of the County LVII Councellors to raise a Levy WHereas the necessary Charge of the Country doth enforce the raising of an Annual Levy which being commonly done by an Assembly the charge of which doth most times equal if not exceed all other Taxes of the Country Be it therefore Enacted That the Governour and Council in September 1662 The Governour and Council shall have power to raise and proportion a Levy for defraying the Country Debts and Sallaries shall have power to raise and proportion a Levy to defray the Country Debts and Sallaries allowed by the Assembly and such other Debts also as they shall find justly and necessarily due according to the number of Tythables Provided the whole amount not to more then Twenty pounds of Tobacco per pole And this Act to continue for three years unless some urgent occasion present in the mean time of calling an Assembly and that the Levy may be truly proportoned Be it Enacted further That every Clerk of a County Court transmit the Certificate of the number of Tythables in his County to the Secretarys Office in every September Court LVIII No Arrests to be made on the Sabbath-days WHereas it hath been the frequent practice of Sheriffs and their Officers for their own ease and benefit to repair to the Churches and other places of Publick Meetings on purpose to serve Warrants and Executions and other Writs by which means Men in danger of Arrests have been deterred from the Service of God and the King Be it Enacted That no Sheriff nor his Officer shall from henceforth execute any Writ or Warrant upon any person or persons No Arrests shall be made on Sundays nor on the 30th of January or 29th of May c. either upon the Sabbath-day or upon the day of Humiliation for the Death of the late King of ever blessed Memmory or upon the days appointed for Thanksgiving
be held for fraudulent and of no force to the barring the Claim of any Creditor in this Countrey X. An Act for Defendants in Appeals to give in Security to answer the Appeal WHereas by the Laws of this Countrey all Appelants from any Court are bound to Prosecute their Appeals but the Defendant left at liberty without Security for his Appearance All Defendants in Appeals shall give Bail for their Appearance Be it therefore Enacted That henceforth all Defendants in Appeals shall give Bail for their Appearance as in case of Arrests and the Sheriff and Bail to be responsible for Non-appearance as in case of Arrests XI An Act concerning Servants brought in under Sixteen years of age WHereas by act of Assembly the several Courts are appointed Judges of the age of Servants coming in without Indentures Servants brought in without Indentures what to be done in that Case but no time limited after their arrival for the bringing of them to those Courts Be it therefore Enacted That every Master buying or bringing in a Servant without Indentures shall be and hereby is enjoyned to carry him to the Court within four Months after he hath bought him when the best Judgment may be given of his Age or else the Servant shall not serve any longer than those of Sixteen years are to serve by the Custom of the Countrey XII An Act for Mulatto Children being bound or free according to Condition of the Mother WHereas some doubts have arisen whether Children got by an English Man upon a Negro Woman should be Slaves or Free Be it therefore Enacted and Declared by this present Grand Assembly That all Children born in this Countrey Fornication with a Negro-Man or Woman punishable shall be held Bond or Free according to the condition of the Mother and that if any Christian shall commit Fornication with a Negro Man or Woman he or she so offending shall pay double the Fines imposed on Fornication by the former Act. XIII An Act declaring VVomen-Servants Tythable WHereas divers persons purchase Women-Servants to work in the Ground that thereby they may avoid the payment of Levies Be it therefore Enacted Woman-Servants working in the Ground Tythable That all Women-Servants whose common Imployment is working in the Ground shall be reputed Tythable and Levies paid for them accordingly and that every Master of a Family not giving an accompt of such in his List of Tythables shall be fined as for other Concealments XIV An Act ascertaining Damages upon Bills protested Vide Act 18th Anno 1666. XV. An Act impowering Counties or Parishes to make By-Laws WHereas some particular Inconveniences may happen in a respective County or Parish which cannot well be concluded or remedied by a General Law It is therefore Enacted By-Laws to be obeyed by the Inhabitants of the said Counties That the respective Counties and the several Parishes in those Counties shall have and hereby are impowered to have liberty to make By-Laws for themselves which Laws so constituted and approved by the Major part of the said Counties or Parishes shall be binding upon them as fully as any General Act. XV. An Act for building a Town Vide Act 5th 1680. XVI An Act for the Imposition of 2 s. per Hogshead WHereas the Kings most Excellent Majesty hath been graciously pleased by his Instructions to the Right Honourable Sir William Berkley bearing date the 12th day of September 1662 Two Shillings to be paid for every Hogshead of Tobacco Exported Vpon default to be confiscated to confirm the Imposition of Two Shillings imposed by a former Act of Assembly upon every Hogshead of Tobacco exported out of this Collony with the Limitations offered to his Majesty by his Majesties Council of Trade for the Plantations Be it therefore Enacted by this present Grand Assembly That the Limitations of the said Order of his Majesties Council for Plantations be strictly observed And that no Merchant Master Mariner or any person or persons that shall receive and Ship on board any Ship Vessel Barque Sloop or Boat any Tobacco before the said Imposition of Two Shillings per Hogshead be duly paid in Moneys or in the value thereof in Goods or Merchandizes unto the Collector or Collectors appointed by the Right Honourable the Governour and due Certificate or Cocquet from him or them received And in Case any Master shall receive any Tobaccoes on board without such Cocquets or Certificates first had from the said Collector or Collectors all such goods to be Confiscated to the use of the Publick XVII An Act concerning Castle Duties WHereas the Act of Assembly enjoyning each Master of a Family to provide a certain quantity of Powder and Shot for each Tythable in his Family is rendred altogether ineffectual unless a Means be prescribed how such Powder should be procured Be it Enacted and Ordained by this present Grand Assembly That for the better Supply of the Countrey All Masters of Ships and Vessels may pay their Fort Duties in kind viz. Half a Pound of Merchantable Musquet Powder and Three Pound of Leaden Shot for each Tun their Ship or Vessel is of Burthen to the Captain of the Fort. The Masters of Ships may pay their Fort Duties in Musquet Powder and Shot And that the said Captain of the Fort shall be paid for what the said Powder and Shot shall amount to out of the Impost of 2 s. per Hogshead in Bills of Exchange at the rate he received it from the Masters viz. at One Shilling per Pound Powder and Two Pence per Pound Shot And it is further Enacted That if any of the Masters of Ships or other Vessels shall not pay their respective Fort Duties of Half a Pound of Powder and Three Pound of Shot and Six Pence per Poll all of them in their very kinds that then the said Masters shall pay the same to the said Captain of the Fort or in his Absence to his Attorney or Attorneys in Money or good Bills of Exchange any other Act to the contrary notwithstanding XVIII An Act Imposing a Tax upon Horses Repealed by the Second Act of Assembly Anno 1665. XIX An Act for Incouragement to Build Vessels Repealed by Act 15. 1666. XX. An Act for Handy-craft-men to pay Levies VVHereas the necessity of the Countrey requires the laying upon it extraordinary Taxes at present Handy-crafts-men shall pay Levies Be it therefore Enacted That the former Act exempting Trades-men and Handy-crafts-men from paying Levies be suspended for Five years and they to pay as formerly XXI An Act concerning Hides VVHereas the Act restraining the Exportation of Hides lays the Penalty only upon the Buyer and therefore produced not the Effect intended thereby which was the supply of the Countrey with Leather Be it therefore Enacted That whosoever shall sell or otherwise dispose of any Hides contrary to the intent of the â—ormer Act Such as sell Hides for Exportation fined 1000 l. of Tobacco for every Hide so sold
prevention of future Trouble That all Lands held by former Patents of which there is no Record extant or to which there are no Rights annexed in the Records until the date of this Present Assembly Fumer Patets shall remain firm and valid although no Record thereof be extant shall for ever be held valid and firm according to the claims of the several Patents those defects being found to have happened by the neglect of the Clerk in those times in not making present entry of the Rights delivered to them and the Casualty of of two several Fires whereby many of those Rights with other Papers were destroyed the Assembly hereby rendring Thanks to Mr. Secretary for his care of preventing future trouble All Patents shall for the future be composed with the Record be some they pass the Office and requesting him to continue it in not suffering any Patent hereafter to pass the Office before the Rights are entered and the Patent compared with the Record XXII An Act commanding Law-Books to be provided for each County VVHereas for the better Conformity of the Procedings of the Courts of this Country to the Laws of England it appears necessary that for the better direction therein all the former Statutes at large and those made since the beginning of the Raign of his most Sacred Majesty that now is and some other esteemed Books of Law be purchased It is therefore by this Grand Assembly and the authority thereof accordingly enacted that all the aforesaid Statute-Rooks and Daltons Justice of the Peace and Office of a Sheriff and Swainbournes Book of Wills and Testaments be sent for by Mr. Auditor and paid for out of the two shillings per Hogshead and the like Books to be sent for by some of the Commissioners of the County-Courts for the use of the Respective Counties and paid for out of the County-Levy XXIII An Act Imposing Fines on Refractory Persons VVHereas the Officers of the Militia have Complained that divers Refractory Persons have in Contempt of authority impowering them and to the ruine of all Military Discipline refused to appear upon the days of exercise and other times when required to attend upon publick service It is enacted by this Grand Assembly Such as refus to appear on the days appointed for the exercise of the Militia fined an hundred pounds of Tobacco that every person neglecting to appear shall for every such Neglect be amerced and fined one hundred pounds of Tobacco to be disposed of by the Militia for the use of the Regiment And that the Commanders return of such Fines to the Sheriffs of the Respective Counties shall be sufficient Warrant in case of the Parties denial of payment to levy the same by distress Provided that if before the laying of the Levy the Party Amerced do shew to his Commander such cause of his absence as by the Commander shall be adjudged reasonable then the Party to be excused and the Fine not returned XXIV An Act for the better explanation of the 16th Act in the Printed Book VVHereas the sixteenth Act for Sheriffs to take Bail was misinterpreted and some words left out It is Enacted that for prevention of Mistakes in Courts of Judicature a Copy be transcribed out of the Original for Correction of mistakes of the Printed Book which followeth Be it also hereby enacted That all Sheriffs shall take sufficient Bail of all persons Arrested with this condition to bring forth the Party Arrested or perform the award of the Court and if they shall neglect to take sufficient Bail of the Party arrested or otherwise consent to be the cause of his escape then the said Sheriff shall be lyable to pay the award of the Court himself Sheriffs neglecting to take Bail or consenting to the escape of the Prisoner shall pay the award of the Court shall be fined a 1000 l. of Tobacco if his consent to the escape be proved and shall also pay in case the Consent to the escape be proved one thousand pounds of Tobacco one half the Publick the other half to the Party grieved for his delay in recovering the Debt but if Bail be taken and the Party appears not to answer then Judgment shall be awarded against the Bail always provided that the Sheriff or Bail shall if he desire it have an Attachment against the Estate of the Party arrested and not appearing and further that if the Sheriff or Bail shall at the next Court to that which the arrest was made appear and bring forth the Body of the Party so arrested to answer the suit Then the Sheriff or Bail shall be acquitted from the Judgment past against them At a Grand Assembly held at JAMES CITY September 3. Anno 1667. I. An Act for Tobacco of Mary-land growth to be free from Duties WHereas there is an Order at present in force requiring that all Tobacco though of Mary-land growth shipped in Ships riding in any Harbour of Virginia should pay the Impost of two shillings per Hogshead and whereas at present the Inhabitants of the south-side of Virginia in Potomack River are inforced for their present necessity to lay out or Ship the greatest part of their Tobacco in Ships riding in the Government of Mary-land for which as is said they are to pay the like Duties of two shillings per Hogshead as is paid for Mary-land Tobacco shipped upon Ships riding in Virginia Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly and the authority thereof That for Relief of the said Inhabitants of Virginia who are otherwise likely to pay double Duties That no Tobaccoes of the growth of Mary-land though laden in Ships riding in any Harbour in Virginia shall be lyable to pay any Virginia Duties from the date of this Act until the first of October which shall be in the year of our Lord 1668. Nor after if the next Assembly find cause to continue it How long this Act shall continue in force and upon what conditions to be repealed Provided that if the Government of Mary-land do lay Impost upon Virginia-Tobacco shipped in Ships riding in their Harbour then this Act to be absolutely Void and Null and all Tobacco of Mary-land growth laden a board any Ship in Virginia to pay Duties as formerly Provided also that if any person shall fraudulently send on board any Ship in Virginia Tobacccoes of the growth of Virginia and pretend the same to be of the growth of Mary-Land intending thereby to defraud the Country of their Dues he shall forfeit the Tobacco so laden and concealed II. An Act declaring that Baptism of Slaves doth not exempt them from Bondage WHereas some doubts have arisen whether Children that are Slaves by Birth by the Charity Piety of the Owners made partakers of the Blessed Sacrament of Baptism should by vertue of their Baptism be made free It is enacted declared by this Present Grand Assembly and the authority thereof that the
also to the Kings most Excellent Majesty his Heirs and Successors for ever for the better support of the Government of this his Majesties Colony of Virginia in such manner as is herein before expressed and to and for no other use intent or purpose whatsoever And for the better discovery and preventing of Frauds Be it further Enacted by the Authority aforesaid Sixpence per Poll payable for all Persons imported Marriners excepted that the Master of every Ship or Vessel shall deliver his Boatswains Book to the perusal of the Respective Collectors and make Oath of the truth thereof to the best of his knowledg and that the Mate Boatswain Seamen or other persons be also sworn if there be cause for the discovery of the truth of the freight and if any Master shall wittingly or willingly conceal any part of his Freight or make false entry of the burthen of his Ship or Vessel or number of persons imported as aforesaid that then the said Master shall forfeit for every such Offence the sum of One Hundred Pounds Sterling as also the treble duties for every Hogshead or five hundred pounds of Tobacco and for every Tun concealed one Moitie to the Informer and the other Moitie to the Kings most Excellent Majesty his Heirs and Successors to and for the uses above mentioned and to be recovered by action of Debt Bill or Plaint by virtue of this Act against which no essoing wager of Law or protection to be allowed to any person so offending And it is hereby further Enacted by the Authority aforesaid that the Respective master of every Ship and Vessel shall enter into a Bond of Twenty Pounds Sterling to the Kings most Excellent Majesty his Heirs and Successors for the payment of the Duties of so many Hogsheads or five hundred pounds of Tobacco as shall upon due Certificate appear to be entred in the Custom-house in England more than shall be entered and paid to the Respective Collectors and other Officers in Virginia unless the said Collectors and Officers be fully satisfied of the true number of Hogsheads and Freight of the said Ships and Vessels the said Bond to be made without any Fee and to be void to all intents as if never made if not put in suit upon due Certificate to be procured by the Respective Collectors from the Custom-house in England within one year from the making thereof which said Collectors and other Officers are hereby required to use their utmost diligence in the due execution of this Act and shall be allowed their usual salleries or such other as by the Governour or Commander in Chief for the time being with the advice of the Council shall be adjudged necessary for Collecting the said imposition which said Governour or Commander in Chief for the time being is also hereby further Authorized and impowered from time to time with the advice of the Council as is before specified to give such reasonable allowances and encouragement as shall be adjudged fitting not exceeding ten per Centum to such Masters of Ships or other persons as shall give in true accounts and advance and pay down the above mentioned dutys either in money or good and sufficient Bills of Exchange to the satisfaction of the Respective Collectors Provided always and it is hereby Enacted and declared by the Authority aforesaid that the Act of Assembly in the Printed Book Intituled Imposition of two shillings per Hogshead made at a Grand Assembly held at James City the 23d of March 1661. also one other Act Intituled An Act for the imposition of two shillings per Hogshead made at James City the second of December 1662. also one Act in the Printed Book Intituled castle-Castle-duties to be paid made at a Grand Assembly holden at James City the 23d of March 1661. and all other former Acts for the raising or levying of two shillings per Hogshead Impost upon Tobaccoes exported out of this his Majesties Colony of Virginia or for raising or levying Castle Duties Tunnage or head-money be and are hereby by vertue of this Act fully Repealed and made void to all intents and purposes any thing in this Act or any other Law Statute Custom Usuage or instructions whatsoever to the contrary notwithstanding Provided also and it is hereby Enacted and declared by the Authority aforesaid that the Priviledges of Virginia-Owners of Ships expressed and set down in the CXXXIIII Act in the Printed Book Intituled Priviledge of Virginia-Owners made at James City the 23d of March 1661. and one Act made at James-City the 20th of October 1669. Intituled An Act for freeing Virginia-Owners from castle-Castle-Duties shall be and are hereby meant and intended to be in full force power and virtue to the benefit use and priviledge of all and every such Owner or Owners any thing in this Act or any other Act Law Statute Custom usuage or Instructions whatsoever to the contrary notwithstanding IV. An Act for continuation of the several Fortifications and Garrisons at the heads of the four great Rivers WHereas the number of Soldiers at the several Garrisons apointed by Act of Assembly made at James-City the 25th day of April 1679. is found too chargeable for the great poverty of the Inhabitants of this Countrey and longer to lye under and nevertheless the holding up any maintaining the said Garrisons and Fortifications against the incursions of the Indian-Enemy is deemed of absolute necessity Be it therefore Enacted and it is hereby Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly that the clause in the said Law appointing Forty Tithables to set forth one Souldier be from henceforth wholly repealed and made void and that the said Garrisons and Fortifications be continued and that from henceforward the number of Soldiers at each Garrison Each Garrison to have twenty Souldiers besides the chief Commander over and besides the Commander in chief thereof be twenty in number out of which number two Corporals to be chosen by each Respective Commander in chief and that such twenty Souldiers for each Garrison as aforesaid be appointed and chosen as also their Horses Arms and Furniture out of those who are now there or ought to be there by each Respective Commander proportionally out of the several Counties to which they appertain and that for a supply of the said twenty Souldiers Horses Arms or Furniture so made choice of as aforesaid and happening to dye or any ways become disabled by sickness or otherwaies that then such dificiency upon notice given by the Commander in chief to the Justices or first in Commission of such County-Court to which County such Souldier or Souldiers c. shall belong shall forthwith be supplied according as the aforesaid Act of Assembly made the 25th of April 1679. directs and it is further Enacted by the Authority aforesaid that each Officer and Souldiers pay shall be and continue as is set down in the said recited Act of Assembly which charge shall
by order of Assembly be impowered to receive the said Imposition from every Ship or Vessel enter into security to pay such Collector or Collectors two Shillings for every Hogshead of Tobacco that shall upon any account whatsoever be Shipped on Board his Ship or Vessel to be exported The said Payment either to be made in Money Bills of Exchange or Goods at Thirty per Cent. Advance upon the Price of such Goods at the first Penny and all Freighters to be accomptable to the said Masters for the Tobacco by them Shipped Be it also Ordained and Enacted by the Authority aforesaid Masters of Ships shall give an Account of their Freight to the Collector upon Oath for the discovery of the number of Hogsheads each Ship or Vessel contains that the Master of such Ship or Vessel shall deliver his Boats-swains Book to the perusal of the Collector and make Oath of the Truth of the same so far as he knoweth and that the Mates Boats-swain or any other Sea man be sworn if the Collectors see cause to discover the Truth of the said Freight And if any Master of Ship or Vessel shall wittingly or willingly conceal any part of his Freight from the Collector Masters of Ships concealing any part of their Freight fined 100 l. Sterling and shall thereof be lawfully convicted then the said Master shall forfeit for every such Offence the Sum of One hundred pounds Sterling one Moiety thereof to go to the Informer and the other to the Publick and to be recovered by Action of Debt Bill or Plaint in General Court or County Court by vertue of this Act against which no Assoin Wager of Law or Protection to be allowed to any Person so offending Be it further Enacted and Ordained That if any Masters shall pass Bills of Exchange for the said Imposition that then the Collectors are hereby required to take sufficient Caution of the said Master for the true and good Payment of the same It is hereby also Ordained and Enacted That the Collectors of the several Rivers and Places in Virginia for the Receiving of the said Two Shillings per Hogshead be appointed and confirmed by this present Grand Assembly and give sufficient Security and Caution for the due Execution of the trust thereby reposed in them and to be accomptable to the next Assembly according to the tenor of this Act The Collectors Sallary and the said Collectors to be allowed Ten per Cent. sallery for collecting the said Imposition Provided always and it is hereby Ordained and Enacted by the authority aforesaid That this present Act of Assembly be and remain in force CXXIX Every Inhabitant in Northumberland and VVestmorland Counties to give an Account how many Hogsheads of Tobacco they made and to whom sold WHereas the Imposition of Two Shillings per Hogshead cannot conveniently be levied upon Masters of Ships that come into Potomack River by reason of their Anchoring in the Dominions of the Lord Baltemore whence they send their Sloops and Boats to fetch the Tobacco made in this Country without paying the said Imposition Be it therefore Enacted That every Planter in the Counties of Northumberland and Westmorland shall certify into the Collectors Office or unto his Deputy the number of Hogsheads of Tobacco made by him and his Family and to whom they are sold and shall not suffer any of the said Hogsheads of Tobacco to be carried out of his House until he receive Certificate from the said Collector that the Imposition of the said Tobacco is paid And if any Planter shall contrary to this Act suffer any of his Tobacco to be carried on board any Ship Boat or Sloop without such Certificate then the said Planter to be Fined 20 s. for every Hogshead so carried away without Certificate as aforesaid Whereas the like inconveniences are incident to Northampton County and lower Norfolk in recovering the Impositions of Two and Ten Shillings per Hogshead as to the River of Potomack by reason of the transportation of much of the Tobacco made in those places in Sloops to Mary-Land Be it Enacted That the Provitional Act made the last Assembly for Payment of those Duties in Potomack River extend and be in force in the said Counties of Lower Norfolk and Northampton and that the Collectors appoint certain Persons to take accompt of the Planters according to the tenor of this Act. CXXX Payment of Fort-Duties in Accomack c. VVHereas there is an Act of the last Assembly providing for the securing of the payment of the 2 s. per Hdd. due to the Countrey but no Provision made therein for the securing the payment of Fort Duties of Potomack Accomack and Lyn Haven Three pence per Hogshead payable for Fort Duties in Accomack c. from whence they fetch their Tobacco in Sloops Be it Enacted That the said Act shall extend as well to cause the Planters loading it to reserve and make payment of Three Pence per Hogshead for Fort Duties of the said Tobacco as for the payment of the 2 s. per Hogshead CXXXI Ten Shillings per Hogshead WHereas the prudence of all Nations hath provided for the defraying the publick necessary Charges of the Countrey rather by laying an Imposition upon the Adventurers for the Staple Commodities of the Countrey by the exportation of which the greatest advantage accrues then by taxing the persons of the Inhabitants this present Grand Assembly endeavouring as much as in them lies to ease the burthen of the People and taking into Consideration the great benefit that accrues to other Countreys by the Customs arising from our Commodity Tobacco and that Virginia whose particular Staple it is hath from it nor from the Adventurers hither no publick advantage We have thought it necessary and convenient and accordingly have Enacted and Confirmed That all Merchants Masters of Ships and Mariners trading to Virginia and not bound by Charter-party to return and discharge in any of the English Dominions in Europe shall pay for every Hogshead of Tobacco they shall load aboard any Ship Barque or other Vessel arriving here after the First of August next and not bound as aforesaid Ten Shillings Sterling either in Money or good Bills of Exchange Inhabitants of this Countrey trading on Bottoms belonging to Virginia-Owners freed from payment of the 10 s. per Hogshead with good Caution or in good valuable Commodities at 25 per Cent. Advance Provided always That all Adventurers Inhabitants of this Countrey trading in Bottoms belonging to Virginia-Owners shall be free from the said Imposition it tending to the advancement of Trade here and the incouragement of the Inhabitants to purchase Vessels and of Mariners to make this their place of Residence CXXXII Castle-Duties to be Paid WHereas the Castle-Duties granted by his Majesty to Collonel Francis Morrison Captain of the Fort at Point-Comfort are rendred of no value by the Charge of Boat and hands going to Collect them and the inconsiderableness of the Commodities
Assembly and the Authority thereof That the Exportation of Horses and Mares shall be from henceforth free and the Act prohibiting it Repealed VII An Act Continuing the Tax on Negro-Women WHereas some doubts have arisen whether Negro-Women set free were still to be accounted Tythable according to a former Act Negro-women though enjoying the priviledg of freedom not exempt from the payment of Taxes It is declared by this Grand Assembly That Negro-Women though permitted to enjoy the Priviledge of their Freedom yet ought not in all respects to be admitted a full fruition of the Exemptions and Immunities of the English and are therefore still liable to payment of Taxes VIII An Act concerning the Property of Tobacco WHereas some question hath been made whether weighing or marking or both Marking of Tobacco alone sufficient to Transfer the Property thereof transferred the property of Tobacco some persons having both by weight and mark received and yet by the alteration of their own occasions have after refused the Tobacco so received and upon pretence of non-acceptance having the Specialties still in their hands have recovered Judgments for sums that justly were discharged Therefore be it enacted by this present Grand Assembly and the Authority thereof That Marking alone being the usual way of appropriating all things without Weighing doth transfer the property of Tobacco to him that sets or causes to be set his mark upon it And that for ascertaining the sum paid if the Receiver have not convenience to weigh it when he marks it then he that pays it away may after ten days respite desire any Commissioner of that County to weigh the Tobacco or cause it to be weighed and the Attestation of the said Commissioner or the oath of the person or persons by him deputed shall oblige the Creditor to discount or allow the quantity IX An Act for Restraint of Tipling-Houses WHereas the excessive number of Ordinaries and Tipling-Houses set up for the advance of a private Gain are found to be full of mischief and ill-convenience by cherishing Idleness and Debauchedness in a sort of loose and careless persons who neglecting their Calling mispend their time in Drunkenness and having once contracted Debts beyond their Abilities of payment make Escapes out of the Countrey to the detriment of the Publick the loss of their particular Creditors Not above one or two Tipling-houses or Ordinaries to be in each County and often to the Charge of the Parish where they lived Be it enacted and declared That the Commissioners of each County-Court be required to take especial care for the Suppressing and Restraint of the exorbitant number of Ordinaries and Tipling-Houses in their respective Counties And not to permit in any County more then one or two Except on Great Roads Ports c. as the County Courts shall see necessary and those near the Court-House and no more unless in Publick Places as Ports Ferries and great Roads where they may be necessary for the Accommodation of Travellers according as their several Courts shall find the necessity of their Counties require And further That the said Commissioners take good Security for those to whom Licences are granted to conform themselves to the Laws Such as have Licences to keep them shall give security to the County-Court Commissioners And that all persons keeping Tipling-houses without Licence shall be fined two thousand pounds of Tobacco half to the County half to the Informer for each time he offends At a Grand Assembly held at JAMES CITY the 20th Day of October Anno 1669. I. An Act about the Casual Killing of Slaves WHEREAS the only Law in Force for Punishment of Refractory Persons Resisting their Masters Mistresses or Overseer cannot be Inflicted on Negroes Nor the Obstinance of many of them by other than violent means Suppressed Be it Enacted by this Grand Assembly and the Authority thereof That if any Slave resist his Master Slaves resisting when Corrected if they chance to be killed their death shall not be accounted Felony or others by his Masters order correcting him and by the Extremity of the Correction should chance to dye such death shall not be accounted Fellony But the Master or that other Person by his Master appointed to punish him be acquit from Molestation Since it cannot be presumed that Prepensive Malice which alone makes Murther Felony should induce any Man to destroy his own Estate II. An Act against the Importation of Horses and Mares WHereas the last Assembly partly to restrain the numerous increase of Horses now growing rather Burthensome then any way advantagious to the Countrey partly to encourage Trade did permit that Mares might be exported this Assembly taking Care that both the ends aforesaid might be advanced Have Enacted And by these presents do Enact No Horses or Mares to be Imported upon Penalty of Siezure That no Horses or Mares after the last of December next shall be by any Person or Persons Imported or brought into this Colony from any other Plantation or Government whatsoever And that if any other Person or Persons shall contrary to the Intent of this Act by any wayes or means bring into this Country any Horse or Mare after the last of December aforesaid The Sheriff of that County into which they shall be brought is hereby strictly required and enjoined to make present Siezure of the said Mares or Horses for the use of the Publick and to render an account thereof to the next Assembly and out of the Value the moyety thereof to be allowed to the Informers III. An Act for Re-examination of Orders in the County-Courts WHereas the Twenty Second Act of Assembly March 23. 1661. Prescribes a way of Re-examination of Orders in the General Court but no mention made in the County-Courts County-Courts shall re-examine their Orders It is hereby Enacted that the Course that Act prescribes for the General Courts shall be strictly Observed in the County-Courts and the County-Court omitting according to that Act to re-examine and Sign their Orders shall be fined for every such Omission One Thousand Pound of Tobacco whereof the Sheriff shall give Account to the next Assembly who are to dispose the same to the Use of the Publick IV. An Act for the Fee of a Dedimus Potestatem WHereas the Act granting Commission of Dedimus Potestatem omitting the Fee The Fee of a Dedimus Potestatem Assertained hath caused great extortion in divers Clerks It is Enacted that a Fee for a Dedimus Issuing from the General Court shall be ascertained at Fifty pounds of Tobacco and in the County-Court at Twenty five pounds of Tobacco each Commission V. An Act for freeing Virginia-Owners from castle-Castle-Duties WHereas the Act for Encouragement of Virginia Virginia Owners exempted from Castle Duties Owners Exempts them from payment of the Two Shillings Per Hogshead It is hereby Enacted that they be also exempted from paying the Castle Duties for their greater Encouragement VI. An Act
the benefit of this Act and Transgress Page 43. Handicrafts-men shall pay Levies Page 114. The Rates of Smiths Armorers c. ascertained Page 176. Artificers to be paid by the County and the County reimbursed ibid. Artificers Merchants and Tradesman above the Age of Sixteen shall pay Levies Page 189. Tradesmen dwelling in the places appointed for County-Warehouses freed from the payment of former Debts for Five years Page 265. Also from publick Levies if they plant no Tobacco ibid. Assemblies Assemblies to enquire after the breach of Laws Page 66. Notice to be given to the people by Proclamation when the Assemblies are to be Adjourned Page 128. Attorneys No Commissioner Clerk or Sheriff shall Plead as an Attorney in that Court wherein he Officiates Page 38. Attorneys out of England shall give security to pay Costs and Damages if cast in Law Suits Page 63. No person not being Licenced by the Governour shall Plead as an Attorney in the General or County Courts Page 267. Any person may notwithstanding Plead his own Cause Page 268. Five hundred pounds of Tobacco the Attorneys Fee for pleading a Cause in the General Court and One hundred and Fifty for every Cause in County Courts ibid. Fine laid on Attorneys for refusing to Plead for the Fees aforesaid ibid. Avisare Volumus Page 19. B. Baptisme THe Penalty of refusing to have Children Baptized Page 106. Baptisme of Slaves doth not exempt them from Bondage Page 155. Bills and Bonds Bills and Bonds of persons Deceased how long recoverable Page 63. Damages upon protested Bills of Exchange shall not exceed 15 per Cent. Page 150. Notes of dead persons how far Pleadable against their Estates Page 184. Births shall be Registred Page 11. Boats and Sloops Against private taking away of Boats Page 85. No Boat shall go on Board a Vessel newly Arrived before the said Vessel send on Shoar Page 177. Such as shall impress Boats c. shall produce their Warrants for so doing to the Owners thereof Page 222. Sloop-hire from the County-Warehouse to the Water side Page 264. Bounds Bounds betwixt the English and the Indians to be fixed Page 99 Commissioners shall view the same Annually ibid. Bounds of this Collony on the Eastern-Shoar Page 118. Counties and Parishes to be Bounded Page 133. Burgesses Writs for Election of Burgesses shall be read publickly in Churches Page 38. Free-men neglecting to give their Votes at the Election of Burgesses fined 200 l. of Tobacco Page 39. The Secretary shall convey Writs to the Sheriffs of each County for the Election of Burgesses Page 64. Two Burgesses from each County ibid. One for James City in particular ibid. Burgesses shall appear on the precise day of the return of the Writ Page 65. Burgesses shall not be Arrested unless the Assembly be adjourned for above a Month Page 66. Each County shall send two Burgesses Page 164. None but Free-holders and House-keepers shall have a voice in Elections of Burgesses Page 168. Penalties on Counties not sending two Burgesses Page 171. Expences of Burgesses regulated Page 211. The Allowance Burgesses shall have during their Attendance at the Grand Assembly Page 212. Burials Private Burials prohibited Page 9. Places to be set apart for publick Burials Page 10. Burials shall be Registred Page 11. C. Cask THe Size of Virginia Hogsheads Page 84. Virginia Hogsheads shall be 43 Inches in length and the heads 26 Inches over ibid. Allowance of Cask for Publick and County Levies c. shall be 8. per Cent. and no more Page 271. Castle Duties Castle Duties to be paid Page 94. Half a pound of Powder and three pound of Leaden Shot per Tun and 6 d. per Poll payable for Castle Duties ibid. An Act concerning Castle Duties Page 113. Virginia-Owners exempted from Castle Duties Page 163. Cessation The Act for a Cessation from Planting Tobacco from the First of Feb. 1666 to the First Feb. 1667. declared to remain in force Page 140. Debts due the Cessation Year to be paid one half down and time to be allowed for the other half Page 143. Valua ion of Commodities for payment of publick Duties during the Cessation from Planting Page 144. Children Mulatto Children to be Bond or Free according to the Condition of their Mother Page 111. Poor Children to be provided for Page 181. Provision for Children when Persons die Intestate Page 185. When Negro Children shall be accounted Tythable Page 269. Church A Church to be built in each Parish Page 3. In small Parishes Chappels of Ease ibid. Church Catechism only to be used Page 6. Land allotted for building of Churches Page 156. Church-Wardens Church-Wardens shall present Recusants Page 7. Shall make Presentment of Misdemeanours twice in the Year Page 9. What Crimes they shall make Presentment of ibid. Church-Wardens shall keep the Churches in repair and provide Ornaments Page 10. Shall Collect the Ministers Dues ibid. Chyrurgeons Chyrurgeons Accounts regulated Page 68. Chyrurgeons Accounts Pleadable after decease of the Party Page 69. Circuit The Governour or two of the Council whom he shall commissionate to go the Circuit yearly Page 21. Clerks The Clerk shall issue Subpoenas Page 23. When he shall issue a Subpoena and when a Dedimus Potestatem ibid. Clerks Fees to be paid Page 101. Clerks Fees shall be pleadable 3 years ibid. County Court-Clerks Fees Page 102. Clerk of the Assemblies Fees Page 104. No person shall be a Justice of the Peace or High Sheriff and Clerk of the County at the same time Page 203. The County Clerk may depute the High-Sheriff or Under-Sheriff to enter Action ibid. Additional Fees ascertained to County-Court-Clerks Page 278. Penalty of Clerks exacting greater Fees than is appointed Page 280. Cloth Allowance made by the Publick for every Yard of Linnen and Woollen Cloth made of the product of the Countrey Page 79. An Act for the Encouragement of the Manufacture of Linnen and Woollen-Cloth Page 296. Allowance made by the Publick for Linnen or Woollen-Cloth of the Growth and Manufacture of the Countrey Page 297. Colledge or Free-School Page 12. Lands shall be taken up or purchased for that use Page 13. Compositions Private Compositions for Damages sustained in the Rebellion prohibited Page 215. Contracts No Master shall make any Contract with his Servant before his Service be expired unless with the Approbation of some Justice of the Peace Page 202. Conveyances An Act against Fraudulent Conveyances Page 56. Conveyances of Estates shall be acknowledged before the Governour at the General Court or before the Justices at County-Courts ibid. Such Conveyances shall be Registred within 6 Months or otherwise shall not be good in Law ibid. Who are exempted from this Act ibid. Conveyances made in England shall be Recorded in the Secretaries Office Page 110. Council Members of the Council of State may sit in any Court in Virginia Page 204. Allowance to Councellors attending at General Courts Page 205. Cocquets The price of Cocquets ascertained Page 200. One half penny per Hogshead payable for all
they are paid in being commonly the refuse of their cargo Be it therefore Enacted castle- Masters of Ships shall give an Account of the Bdrthen of their Vessels and a List of their Passengers to the Collector of castle-Castle-Duties That all Masters of Ships and other Vessels being thereunto required by the Officer appointed by the said Collonel Morrison shall give in a true Burthen of the Ships or Vessels and the List of their Passengers at such convenient places and to such persons as the said Collonel Morrison shall in each River appoint upon Oath to be administred by his said Collector or Officer if a Commissioner or else by any one or two Commissioners and if any Master shall make false Entry either of his Burthen or List of Passengers then he shall upon proof thereof made pay Treble Duties for the number of Passengers or quantity of Tuns concealed the same to be recovered out of the Estate of the Master so offending and the like Penalty upon all such Masters as shall without coming into Harbour fetch away their loading in Sloops or Boats Half a pound of Powder 3 l. of Leaden Shot and 6 d. per Poll payable for Castle Duties And what Master soever shall not pay his Duties in kind being half a pound of Powder and three pound of Leaden-Shot per Tun and Six pence per Poll for every person imported not being a Mariner that then he shall pay in lieu thereof One Shilling per Tun and Six pence per Poll either in Money or Goods as they cost at the first Penny and that the Collectors thereof transmit the said Entries of Ships and Passengers under the hand of the said Masters to the said Collonel Morrison to be by him recorded in his Fort-Book as formerly hath been accustomed CXXXIII Ships to come up to James City VVHereas the Kings Majesties frequent Instructions hath Commanded that all Masters of Ships arriving in this Countrey should before they break Bulk bring up their Ships to James City which by reason of the seating of the Inhabitants in divers Rivers cannot without much prejudice to the said Masters extend to all parts of the Countrey yet that his Majesties Commands may as much as in us lieth be effectually obeyed We the Governour Council and Burgesses of this Grand Assembly have thought fit to Enact and be it Enacted by the Authority aforesaid That all Ships whatsoever arriving in James River Ships arriving in James River shall be brought up to James City do accordingly with the first Fair Wind and Weather after their arrival bring up their Ships to James City and there make Entry of their Ships take out Licence to Trade and perform such other things as they shall be there certified the Laws of the Countrey do enjoyn them CXXXIV Priviledge of Virginia-Owners VVHereas some doubts have arisen about the priviledge of Virginia-Owners and their exemption from the payment of the Duties of Two and Ten Shillings per Hogshead Be it Enacted and Declared That the said Priviledge is granted only to the Owners and Adventurers in such Vessels as solely and wholly belong to the Inhabitants of this Countrey Such Vessels only as solely and wholly belong to the Inhabitants of this Collony freed from payment of the 2 s. and 10 s. per Hogshead and not to such persons as are only Partners of Vessels whose other Partners dwell in other Countreys and the Governour be Judge of such Proprieties and certifie the same to the Collectors CXXXV A Publick Notary appointed VVHereas for want of a Publick Notary the Certificates and other Instruments to be sent out of this Countrey have not that Credit given them in Foreign parts as duly they ought Be it therefore Enacted That Henry Randolph Clerk of the Assembly be authorized and sworn a Publick Notary for this Countrey to whose attestation at home and abroad We desire all Credence may be given CXXXVI Acts concerning the Indians WHereas the mutual Discontents Complaints Jealousies and Fears of English and Indians proceed chiefly from the violent Intrusions of divers English made into their Lands forcing the Indians by way of Revenge to kill the Cattle and Hogs of the English and by that means Injuries being done on both sides Reports and Rumours are spread of the hostile Inventions of each to others tending infinitely to the disturbance of the Peace of his Majesties Countrey and whereas the Laws prohibiting the purchase of any Indians Lands unless acknowledged at General Courts or Assemblies by reason it is as easie to fright them to a publick as well as a private acknowledgment are made fruitless and ineffectual corrupt Interpreters often adding to this Mischief by rendring them willing to surrender when indeed they intended to have received a confirmation of their own Rights and a redress of their Wrongs which Mischiefs had they continued must needs have involved the Countrey into an inevitable and destructive War For Remedy of which Inconveniences and that for the future a sure equitable Peace may be established the Governour Council and Burgesses out of their tender care of Justice and the Peace of this his Majesties Countrey have Enacted Ordained and Confirmed and do by these presents Enact Ordain and Confirm That for the future No Indian King or other shall upon any pretence alien or sell nor no English for any Cause or Consideration whatsoever purchase or buy No Purchase shall be made by the English of any Lands now justly claimed or actually possessed by the Indians any Tract or parcel of Land now justly claimed or actually possessed by any Indian or Indians whatsoever all such Bargains and Sales hereafter made or pretended to be made being hereby declared to be invalid void and null any Acknowledgment Surrender Law or Custom formerly used to the contrary notwithstanding And further That the Indians properties in their goods be hereby assured and confirmed to them and their persons so secured that whoever shall defraud or take from them their Goods No Injuries shall be done to the Indians or do hurt or injury to their persons shall make such Satisfaction and suffer such Punishments as the Laws of England or this Countrey do inflict if the same had been done to an English-man And be it further Enacted That what English-man hath already contrary to the Laws formerly in force for surrendring and acknowledging Indians-Lands made incroachments or seated upon them shall if thâ—â— make not good proof of their Title upon Complaint maâ—e be by Order directed to the Sheriff to execute remâ—ved from their Seats of Land thus wrongfully incroached and all Houses by them built upon the said Lands be demolished and burned And be it further Enacted That all English Men having by Surrenders made at Quarrter-Courts or Assemblies Such of the English as are seated near the Indians shall assist them in makeing a Fence procured a colourable right to any Land by the said English now seated within Three Miles of any Indians
shall be Fined for every Hide so by him sold or oâ—herwise disposed of to be exported One Thousand Pounds of Tâ—bâ—â—co Provided 〈◊〉 Sale may be made of Hides to any person living in the Countrey the Clause in a former Act prohibiting the same to be sold in the Country to the contrary notwithstanding At a Grand Assembly held at JAMES CITY September 10th 1663 and in the Fifteenth Year of our Sovereign Lord King CHARLES II. I. An Act probibiting the unlawful Assembling of Quakers WHereas it is evident of late times that certain persons under the names of Quakers and other names of separation have taken up and maintained sundry dangerous Opinions and â—enets And whereas the said persons under pretence of Religious Worship do often Assemble themselves in great numbers in several parts of this Countrey to the great indangering its publick peace and safety and to the terror of the People by maintaining a secret and strict Correspondency amongst themselves and in the mean time separating themselves from the rest of his Majesties good and loyal Subjects and from the Publick Congregations and places of Divine Worship and Service for redressing whereof and better preventing the many Mischiefs and Dangers that may and do arise by such dangerous Tenets and unlawful Assemblies Be it Enacted by this present Grand Assembly and the Authority thereof That if any person or persons commonly called Quakers or any other Separatist whatsoever in this Collony shall at any time after the Publishing this Act in the several respective Counties depart from the place of their several Habitations and Assemble themselves to the number of Five or more Quakers â—y other Separatists Assembling to the number of five under a pretence of Religious Worship how to be punished of the age of Sixteen years or upwards at any one time in any one place under a pretence of joyning in a Religious Worship not Authorized of England nor of this Countrey That then in all and every such Case and Cases the Party so Offending being thereof Lawfully Convicted by the Verdict of Twelve Men or by his own Confession or by notorious Evidence of the Fact shall for the first Offence each Person forfeit and pay Two hundred pounds of Tobacco and if any such person or persons being once convicted shall again Offend therein and shall in form aforesaid be thereof lawfully Convicted shall for the Second Offence forfeit and pay Five hundred pounds of Tobacco to be levied by Distress or Sale of the Goods of the Party so convicted by Warrant from any one Justice of the Peace before whom they shall be so convicted rendring the Overplus to the Owners if any be and for want of such distress or for want of Ability of any Person amongst them to pay the said Fine or Fines then it shall be lawful to levy and recover the same from the rest of the Separatists or Quakers or any one of them then present that are of greater Abilities to pay the said Fine or Fines And if any person after he or she in form aforesaid Such persons being convicted the Third time shall be banished this Collony hath been twice convicted of any the said Offences shall Offend therein the third time and thereof lawfully convicted that then every such person so Offending and Convict as aforesaid shall for his or her third Offence be Banished this Collony of Virginia to the place the Governour and Council shall appoint And be it further Enacted by the Power and Authority aforesaid That each Master of Ship or Vessel that shall import or bring in any Quakers into this Collony to reside after the first day of July next unless by vertue of an Act of Parliament made in England the Nineteenth day of May in the Fourteenth year of the Reign of our Sovereign Lord the King shall be fined Five thousand pounds of Tobacco to be levied by Distress and Sale of the Masters Goods by Warrant from any Justice of the Peace in the County where any such person or persons shall arrive the same being proved by sufficient Evidence and the said Master shall be further enjoyned to carry him or them out of the Countrey again when his Ship returns and to take especial Care to secure him her or them so brought in as aforesaid from spreading any seditious Tenets whilst he she or they remain in the Countrey And be it further Enacted Inhabitants that shall entertain Preaching Quakers to be fined That any person or persons Inhabitants of this Countrey that shall entertain any Quakers in or near their Houses to teach or preach shall likewise be fined Five thousand pounds of Tobacco for each time they do so entertain them to be levied by Distress and Sale of the persons Goods by Order from the Justices of the Peace in the next County Court held for that County where the Fact was committed before whom the said Fact shall be by Evidence proved And be it further Enacted for prevention of Neglects in the due Execution of this Act by any Magistrate or Magistrates Officer or Officers of this Collony that in case any Justice of the Peace or any other Officer shall neglect the performance of their Duty in prosecuting this Act or shall directly or indirectly connive at any Breaches thereof he or they for every such Offence shall be fined Two thousand Pounds of Tobacco to be levied by Distress and Sale of the Gooods of the person so offending he or they being thereof lawfully convicted by the Virdict of Twelve men by his own confession or evidence of Fact Justices of Peace within the limits of their Commission to hear determine Offences of this kind and to grant their Warrants for levying of Fines And be it further Enacted by the Authority aforesaid That all the Justices the Peace in their several Counties shall be hereafter impowred to enquire hear and determine all and every the Offences aforesaid within the limits of their Commission and to give Warrant for the levying and distressing the Fines upon the Goods of the persons offending all which said Fines mentioned in this Act shall be disposed of to the use and uses purpose and purposes following viz The Two hundred and Five hundred Pounds of Tobacco imposed on the Quakers and other Separatists for unlawful Assembling shall be paid half to the Informer half to the use of the Parish where the Fact was committed that the Five thousand Pounds of Tobacco imposed on each Master that shall bring in any Quaker Levies and Fines for unlawful Assemblies how to be disposed of shall be paid half to the Informer half to the use of the Parishes in the County where the person or persons do arrive that the Five thousand pounds of Tobacco imposed upon every Inhabitant that shall entertain as aforesaid in or near his House any Quaker shall be paid half to the Informer half to the Parishes in the County where he lives for Pious uses Provided always
Liquors Vide Act 10. Anno 1676 7 IV. An Act providing how Negroes belonging to Orphans of Intestates shall be disposed of WHereas in the former Act concerning the Estates of Persons dying Intestate It is Provided That Sheep Horses and Cattle should be delivered in kind to the Orphans when they come of Age according to the several Ages the said Cattle were of when the Guardian took them into his possession to which some have desired that Negroes might be added this Assembly considering the difficulty of procuring Negroes in kind as also the Vallue and Hazard of their Lives have doubted whether any sufficient men would be found who would engage themselves to deliver Negroes of equal ages if the specifical Negroes should dye or become by age or accident inserviceable be it therefore Enacted and Ordained by this Grand Assembly The Disposal of Negroes belonging to Orphans referred to the County-Courts and the Authority thereof That the consideration of this be referred to the County-Courts who are hereby Authorized and impowered either to cause such Negroes to be duly apprized sold at an Out-cry or preserved in kind as they shall find it most expedient for the preservation Improvement or advancement of the Estate and Interest of such Orphans V. An Act Repealing the Act making it death for Indians coming into Henrico-County WHereas the Burgesses for the County of Henrico have shewed several inconveniencies and hazards that may happen by the liberty granted to the English to kill any Indian coming within the bounds of that County Indians permitted to come into Henrico-County which this Assembly taking into consideration have Enacted and it is hereby Enacted and Ordained by the Authority thereof that the said Act be Repealed and the Indians permitted to come into the said County as well as others about their lawful occasions Provided they be no where entertained but by Licence legally obtained from the Right Honourable the Governour as in other places VI. An Act concerning Sheriffs Fees for Arrests WHereas Complaints have been made that some Sheriffs extorted greater Fees for Arrests then were allowed by Law viz. Twenty Pounds of Tobacco for commitment and Releasment whether the person were Imprisoned or not It is Enacted and Declared by this Grand Assembly That the just Fee for an Arrest is Ten Pounds of Tobacco for the Bond Five Pounds of Tobacco The Fee due to the Sheriff for an Arrest and not any thing for Commitment or Releasment unless the Person were actually put in Prison VII An Act for Naturalization Vide Act II. Anno 1680. At a Grand Assembly held at JAMES CITY the Four and Twentieth of September Anno 1672. I. An Act for the defence of the Country VVHereas for the necessary Defence of this Country and Security of the Ships and Vessels trading thereto It hath been Enacted that sundry Forts should be built in convenient places upon the Rivers which accordingly have been effected but forasmuch as the Materials wherewith the said Forts were built were not sufficient nor lasting some have sufferred utter Demolishment some very ruinous and some with some small charge are capable of Reparation This Grand Assembly taking the same into their serious consideration and desirous as much as in them lyes to provide for the safety of this his Majesties Country so far forth as the present Capacity thereof will admit Hath thought fit to enact and it is hereby Enacted and ordained Forts ruinated and demolished shall be built anew or repaired with Brick by the Governour Councel and Burgesses of this Grand Assembly and the Authority thereof that the Forts on all the Rivers be built substantially with Brick in all such places where the Demolishment or ruine of the former forts shall require to be built anew and that those Forts that are capable of being repaired shall also be done with Brick in all such places where the demolishment or Ruine of the former Forts shall require and that the Commissioners of the Respective Associations do take care that this Act be put into speedy and Effectual Execution and whereas the Moneys rising from the fort-Fort-Duties have been design'd to remain in Stock for the use of the Respective Forts which at present is not sufficient to defray this charge of building and repairing Be it further enacted by the Authority aforesaid that it shall and may be Lawful for the Comissioners of each Association and they are hereby fully authorized and Impowered to Assess How Levies are to be made for effecting it and Levy so much Tobaccoes in their Respective Counties as shall be wanting and needful for the building and repairing of their Respective Forts as aforesaid and whereas the Act of 1667 hath provided for the Mannagement and Command of the Forts It is hereby further enacted by the Authority aforesaid that this additional be thereunto made viz. That upon all Alarms or sudden Invasions or Occasions in the absence of the Major Generals the next Colonel or adjacent Commander to any Fort shall draw down of his Regiment his or their Company or Companies sufficient for the defence thereof till further order of the Superiour Officers And forasmuch as against all times of danger it ought to be the care of all men to provide that their Arms and Habiliments of war be always kept fixt and fit for Service and that Armourers and Smiths may be encouraged to work It is also enacted by the Authority aforesaid The Rates of Smiths Armourers c. to be assertained that the Commissioners of the Respective Associations shall and do Ascertain the Rates for the work of Armourers and Smiths and such Artificers And for the prevention of the great trouble that usually accrues to Artificers in Collecting several small Parcels in payment for work done that the said Artificers shall take from under the hands of those for whom they work and return the same to the Commissioners aforesaid which accounts by them shall also be returned Rated into their Respective Countie Courts when the Levy is laid the Artificers to be paid intire by the Counties and the Counties Reimbursed The said Artificers to be paid by the Counties and the Counties to be Reinbursed by the Person for whom the work was done And that the said Artificers may not delay people which repair to them with their Arms be strictly enjoyned under a Fine to be imposed by the said Commissioners to lay aside all other works to go about this of Arms. And whereas it hath been a frequent and evil practice of many men upon sight of Ships or Vessels newly arriving to go on Board not knowing whether they be Friends or enemies by means whereof opportunity hath been given and taken by the Enemies to obtain intelligence to the great prejudice of the Country for prevention whereof for the future Be it Enacted by the Authority aforesaid That it shall not be lawful for any Cannooe-Boat or Sloop to go on Board any Ship or
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-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
Justice of the Peace may grant Attachments Page 130. Justices shall not take Fees Page 150. Justices of the County-Courts shall not Levy Tobaccoes upon the people for their Accomodations and Expences whilst they are keeping Court Page 193. Any two Justices of the Quorum may sign Probates of Wills and Letters of Administration Page 204. Justices of Peace neglecting to Impannel Grand Juries fined 2000 l. of Tobacco Page 214. L. Land LAnds of Persons intestate Page 13. How persons claiming Land by Importation of Servants must prove their Title Page 52. Deserted Lands Page 53. No Deserted Land shall be taken up by Patent till after the term of 3 years without Order obtained of the Governour and Council ibid. Seating upon others Dividends ibid. Such as have built upon Lands supposed their own but upon Survey prove to belong to another shall have the charge thereof allowed by the Right Owner ibid. Or else shall purchase the Land Page 54. Twelve Men upon Oath are to decide any Controversie arising thereupon ibid. Cattle shall not be fetched off another Mans Land till after notice be given him thereof ibid. Five years peaceable possession of Land shall confirm a Title thereto Page 55. The Lands of Widows Orphans and persons of unsound mind and of such as live out of the Countrey excepted ibid. Land shall be plainly Marked and Bounded Page 58. Bounds of Land shall be every four years renewed by the View of the Neighbourhood Page 59. Bounds of Land once settled by the consent of the Proprietors shall take off all claim to future alteration thereof Page 60. An Act declaring what is meant by seating of Land Page 151. Building a House and keeping a Stock One whole Year upon Land shall be accounted a sufficient seaâ—ing thereof ibid. Sale of Land made by Husband and Wife shall stand good in Law Page 195. Leather may not be Exported Page 285. Letter How Publick Letters shall be conveyed Page 67. Extraordinary Charges in conveying Publick Letters shall be allowed by the County ibid Levies Publick Levies shall be first paid Page 39. Councellors of State and ten persons of their Family exempted from payment of Levies Page 42. Some others exempted ibid. Governour and Council have power to raise a Levy for defraying the Country Debts and Salleries Page 43. Who only are exempted from the payment of Publick and County Levies Page 206. Liquors An Act regulating the Prices of Liquors Page 206. Justices of the Peace to appoint the Prices of Liquors twice in the year Page 207. Liturgy of the Church of England shall be read in Churches Page 8. M. Manufactures AN Act for Encouragement of Manufactures Page 296. An Act for the advancement of Manufactures and for the better Payment of Debts and Levies Page 298. Debts may be paid in Commodities of the Growth and Manufacture of the Countrey Page 299. At what Rates such Commodities shall be valued ibid. Marriages Marriage to be performed by none but Misters Page 8. Marriage shall not be Solemnized till after publishing of Banes or Licences ibid. How Licences for Marriage shall issue Page 11. Fees for such Licences how to be levied Page 12. Against secret Marriages Page 72. Servants may not marry without producing Certificates from their Masters Page 73. Certificates for Marriages shall not be granted without the consent of the Parent or Guardian Page 169. Mary-Land to concur in the Cessation Page 142. Tobacco of Mary-Land growth to be free from Duties Page 154. No Vessels belonging to the Inhabitants of Mary-Land shall unload in any part of Virginia without Entry first made upon penalty of forfeiture of the said Vessel and Cargo Page 245. Masters Cruelty of Masters prohibited Page 76. One Years sorvice to be given for striking a Master or Mistress Page 77. An Act limiting Masters dealing with their Servants Page 201. Militia Such as refuse to appear on the days appointed for the Exercise of the Militia fined 100 pounds of Tobacco Page 153. Private Souldiers pay Page 231. The Captains pay to be 1200 l. of Tobacco and Cask per Month Page 232. The Lieutenants pay 850 l. of Tobacco and Cask per Month ibid. The Cornets and Chyrurgeons Pay ibid. Corporals and Trumpeters pay Page 233. What Indian Prisoners or Plunder the Souldiers shall take shall be free Purchase Page 235. Souldiers maimed or disabled in service shall have an Annual Pension Page 236. Twenty Men well furnished with Horses shall be raised in each of the Counties of Henrico New-Kent Rappahannock and Stafford Page 291. The Captain of such Troop to have 800 l. Tobacco per Annum Page 292. Corporals and Private Souldiers Pay ibid. The said Troop shall be trained and exercised once a Month ibid. And shall range and scout about the Frontiers of the County for which they serve once every Fortnight Page 293. Millers and Mills An Act against Exacting Millers Page 86. Millers shall receive in Corn and deliver it out by Statute Weights and Scales ibid. Penalty upon Millers Exactions Page 87. An Act concerning Millers Page 149. An Act encouraging the Building of Mills Page 156. Millers shall take but one Eighth part for grinding English Corn and one Sixth for Indian Page 173. Minister Glebes to be laid out and a House built for the Minister Page 4. His Maintenance to be worth 80 l. per Annum besides Perquisites and Glebes ibid. Minister shall not officiate without producing Testimonials that he received Orders of some Bishop of the Church of England Page 5. Ministers to provide Readers ibid. Ministers shall preach weekly Page 6. And shall administer the Sacrament at least twice in the year ibid. Ministers or Readers shall keep Registers Page 11. Minister to have 5 l. allowed him for his attendance at General Courts Page 206. Ministers exempted from payment of Publick or County Levies ibid. Any person who shall disturb the Minister during the Exercise of his Ministerial Function shall for the first Offence be fined 200 l. of Tobacco and 500 l. for every such Offence after Page 276. Money The Exportation thereof prohibited Page 84. Pieces of Eight shall pass for 5 s. currant ibid. No person shall export above the sum of Forty Shillings ibid. Mulberry Trees Ten Mulberry Trees shall be planted upon every 100 Acres of Land holden in Fee Page 80. N. Naturalization AN Act for Naturalization Page 252. The Governour may Naturalize such Forreigners as shall seat themselves in this Collony ibid. Negroes Negro-women though enjoying the priviledge of Freedom not exempted from the payment of Taxes Page 159. Birth of Negro and Mulatto Children and Slaves born in Virginia shall be registred Page 179. Run-away Negroes and Slaves shall be pursued by Hue and Cry Page 182. Run-away Negroes Mulatto-Indians Slaves or Servants for life resisting may be killed ibid. And the Master or Owner of such Negro c. shall receive satisfaction of the Publick ibid. At what Rates such Negroes and Slaves shall be valued ibid. An Act for preventing Negroes