by command of Court or Justice 10. For a Chancery Bill if written in the way of other usual Petitions and exceed not one side of a whose Sheet of Paper 20. If more every such side 10. Recording the Pannel of a Jury and their Oath 10. Returning and Recording Executions 10. Returning and Recording Attachments 5. Recording the Acknowledgment for Satisfaction of a Judgment 10. For taking Inventories of Estates at Appraisement and outcryes if the Clerk be imployed he ought to be agreed with for that and his Attendance or if not agreed with the Court to award for his pains and trouble as they see cause For Returning Administrations and Probats of wills with their Security into the Secretaries Office having a Certificate from the Office of having so done 40. For procuring the signing of Administration and Probats 10. For writing and Publishing any Persons Departure or for Stray-horses or such like at the Court-house-door if writ by themselves 5. For Recording the same 5. For Acknowledging Land in Court and Recording thereof and Copy 25. For Relinquishing Dowers and recording thereof 20. For a Caveat 5. For entring and Returning References on the Docket 5. For a Quietus and Recording it 25. For a Bill of Costs 3. For a private Courts Attendance there 200. For Attendance at the Executing a Dedimus and return thereof to the Office 100. For returning Appeals and Securities 39. For recording the Issuing an Attachment 3. And if any Clerk of a County-court shall exact and take greater sums for any Fee then is here or in the Printed Book or by any other Law set down and established and shall be legally convict thereof Penalty of Clerks exacting greater fees than is here appointed such Person so offending shall forfeit for every pound of Tobacco so exacted and taken ten pounds of like to the Person or Persons so overcharged to be Recovered by Action of Debt any Law Custom or Usage to the contrary notwithstanding XVII An Act Restraining Striking and Killing Fish at Vnseasonable Times THe Inhabitants and Freeholders of the several Counties of Glocester Middlesex and Lancaster by their Burgesses at this Assembly complaining that the striking and killing of Fish with Giggs and Harping-Irons is very prejudicial injurious and destructive to themselves in particular and the whole Countrey in General And praying that by a Provincial Law there may be Restraint put upon such striking and destructive killing of Fish betwixt the Months of March and November Be it therefore enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid that from hence forward it shall not be lawful betwixt the first day of April and the first day of November No Person shall strike or kill fish betwixt the first of April and the first of November in the Counties of Glocester Middlesex Lancaster upon Penalty of forfeiting 500 l. of Tobacco for any person or persons whatsoever to kill or strike any fish whatsoever within the bounds and limits on the Waters or Shoars of Glocester County Middlesex County or Lancaster County with Gigg Harping-Iron or any other such like Instrument made or to be made of Iron Wood or other ways upon Penalty of forfeiting and paying for every time such Person shall be lawfully convict thereof five hundred pounds of Tobacco and Cask one half to the Kings Majesty his Heirs and Successors and the other half to him or them that shall inform thereof and sue for the same to be Recovered against every such Offender or Offenders in any of his Majesties Courts of this Colony of Virginia by Action of Debt Bill Plaint or Information any Law Custom or Usage to the contrary notwithstanding At a General Assembly begun at JAMES-CITY November 10. 1682. and in the four and thirtieth Year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King c. I. An Act to Repeal a former Law making Indians and others Free VVHere 's by the Twelfth Act of Assembly held at James City the third day of October Anno Domini 1670. Entituled An Act declaring who shall be Slaves it is Enacted that all Servants not being Christians being imported into this Country by shipping shall be Slaves but what shall come by Land shall serve if Boyes and Girls until thirty years of age if men or women twelve years and no longer And for as much as many Negroes Moors and Mulattoes and others born of and in Heathenish Idolatrous Pagan and Mahumetan Parentage and Country have heretofore and hereafter may be purchased procured or otherwise obtained as Slaves of from or out of such their Heathenish Conutry by some well disposed Christian who after such their obtaining and purchasing such Negro Moor or Mulatto as their Slave out of a pious zeal have wrought the conversion of such Slave to the Christian Faith which by the Law of this Country doth not manumit them or make them free and afterwards such their Conversion it hath and may often happen that such Owner or Master of such Slave being for some reason enforced to bring or send such Slave into this Country to sell or dispose of for his necessity or advantage he the said Master or Owner of such servant which notwithstanding his Conversion is really his Slave or his Factor or Agent must be constrained either to carry back or export again the said slave to some other place where they may sell him for a slave or else depart from their just right and Title to such slave and sell him here for no longer time then the English or other Christians are to serve to the great loss and dammage of such Master or Owner and to the great discouragement of bringing in such slaves for the future and to no advantage at all of the Planter or Buyer and whereas also those Indians which are taken in War or otherwise by our Neighbour Indians Confederates or Tributaries to his Majesty and this his Plantation of Virginia are slaves to them the said Neighbouring Indians that so take them and by them are likewise sold to his Majesties Subjects here as slaves Be it therefore Enacted by the Governour Council and Burgesses of this General-Assembly and it is Enacted by the authority aforesaid that all the said recited Act of the third of October 1670. Be and is hereby repealed and made utterly void to all intents and purposes whatsoever And be it further Enacted by the authority aforesaid that all servants except Turks and Moors whilst in amity with his Majesty which from and after Publication of this Act shall be brought or imported into this Country Indian Slaves c. though afterwards Converted to Christianity shall not withstanding continue Slaves still either by Sea or Land whether Negroes Moors Mulattoes or Indians who and whose Parents and Native Country were not Christians at the time of rhe
Non-appearance upon Sub-poena ' s. be One thousand Pounds of Tobacco and for like Default of the County Courts Three hundred and Fifty Pound of Tobacco and that all Witnesses summoned to give in their Evidences at either of the said Courts Charges allowed to Witnesses shall be allowed for their necessary time spent in coming and going to and from the said Courts Twenty Pounds of Tobacco per day and for the time they attend there until they have given in their Evidences Forty Pounds of Tobacco per day and because many maliciously to aggravate the charge of the Suit summon many more Witnesses then are needful Be it therefore further Enacted That there shall not be allowed in any Bill of Costs the charge of above Three Witnesses to any one Action The number of Witnesses limited unless for proof of several Matters incident thereunto which severally may require the attestation of Two Witnesses XXXI County Courts Appointed BE it also Enacted for the more due Administration of Justice in the several Counties and the greater ease of the People in obtaining the same the Courts be continued in each County County Courts their Institution and how to be formed as of long time hath been accustomed and that the said Courts do consist of Eight of the most able honest and judicious Persons in the County which Eight or any Four of them whereof one to be always of the Quorum are to be impowered by Commission from the Governour for the time being to act according to the Laws of England and of this Countrey and to impower them severally and out of Court to act and do all such things as by the Laws of England are to be done by Justices of the Peace there And be it further Enacted That the Persons thus Commissionated Members of County Courts shall take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace that they be called Justices of Peace that the Courts be stilled County Courts and further That the Justices do keep the said Courts precisely upon the days appointed by this and former Acts of Assembly viz. At what places and when County Courts shall be held Henrico the 1 day Charles City the 3 day James City the 6 day Isle of Wight the 9 day Nanzemond the 12 day Lower Norfolk 15 day Elizabeth City the 18 day Warwick County the 21 day York County the 24 day Nothampton the 28 day New Kent the 28 day Gloucester the 16 day Lancaster the Rappahanoch the Surry the Northumberland the Westmorland the And all Adjournments by all means possible be avoided and that all the Justices of the said Courts respectively shall duly attend the same and shall not depart or absent themselves from thence without the licence and consent of the rest of the Justices there present and if any of them shall happen to have a lawful Cause of absence it is thought fit that in such Cases they shall upon the First day of the Court signify the same to the Court by Writing and that they make good proof of the Truth thereof at the next ensuing Court or else being delinquent in the premises every Justice so offending shall forfeit for every time of his absence Three hundred pounds of Tobacco to be imposed by the Court and disposed of to the good of the County XXXII No Arrest without Entry of Action BE it also Enacted That all Actions to the County Courts and Subpoenas for Witnesses or in Chancery be first entred with the Clerk of the County or his known Deputy before any Arrest made or Summons served under Penalty of Five hundred pound of Tobacco to be levied upon the Sheriff that shall presume to serve any Process contrary to the Tenor hereof And be it Enacted That the Plantiff in any Action shall at least the day before the Court enter his Bill of Complaint Actions to be entred before Arrests and leave it in the Clerks hands that the Defendant if he will may have a Copy thereof and accordingly provide his Answer but the Original Declaration or Bill to be always filed in the Office XXXIII The Defendant to put in his Answer ANd be it further Enacted That for the better regulating and keeping the Records and transfering the President to Posterity as also for prevention of new Suits upon mistake of the grounds of others that as the Plantiff both in General Courts and County Courts files his Declaration so the Defendant in both those Courts shall also put in his Answer in writing Answers to Declarations shall be filed and that the Judgement if for the Plantiff be endorsed on the Declaration if for the Defendant on the Answer and further that all Evidences concerning that Cause be filed together with them and by the Clerk carefully preserved XXXIV Form of Entring the Court. BE it also Enacted That the Form for Entring the Stile of the Court Form of Entry in County Courts Proclamation for Silence the Cryers calling the Plantiff and the Defendant to Answer be observed in the County Courts as well as in the General Courts varying only in the Title of the Court and the Assessors XXXV Court not to take Cognizance of any thing under Two hundred Pounds of Tobacco AND be it also Enacted That the Court shall not take Cognizance of any Cause under the value of Two hundred pounds of Tobacco or Twenty Shillings Sterling which a private Justice may and is hereby authorized and impovvered to hear and determine And whereas many Vexatious persons do very much trouble the Courts and their Neighbours for babbling words Of what things Courts shall take Cognizance sometimes passionately but not maliciously spoken Be it therefore Enacted What Defamations are actionable That no Action be admitted for Defamation in any Court where the words are not Actionable and further that there be no words Actionable but such as if true might have brought the person to suffer Punishment by Law any other to be cast out of the Court and the Plantiff to be Non-suited not that liberty is hereby given or intended to any scurrilous person to abuse others at his pleasure but that his Majesties Courts be not for such Brawls forced to wave matters of greater consequence and because offences of this Nature may be determined by a particular Justice who is hereby impowered to bind the persons so offending to the good Behaviour or if they find not good security for the same to commit them to Prison till they find it XXXVI Private Courts Prohibited WHereas many things are acted and Administrations granted at private Courts which tends to the apparent Damage of divers of the Inhabitants of this Country Be it therefore Enacted Private Courts prohibited That no private Courts be kept but that all business triable or grantable by or at the County Courts be tried and
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
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
Vessel that shall arrive into any part of Virginia before the said Ship or Vessel send on shoar No Boat to go on Board a Ship newly arrived before the said Vessel send on shoar and thereby are known what they are And if any shall offend in this kind each Cannooe or Boat shall be amerced 400. Pounds of Tobacco and Cask and Sloope One Thousand Pounds of Tobacco and Cask to be recovered by Action of Law One Moytie to the use of the County where the Offence shall be Committed and the other Moytie to the Informer But if Servants onely have the Rule of the Cannooe-Boat or Sloop they to receive corporal punishment of Forty Lashes but redeemeable by the Fine aforesaid provided alwayes that this Clause of the present Act for preventing intelligence to the Enemy do and shall continue in Force during times of War and no longer II. An Additional Act concerning Orphans Estates WHereas the sixty sixth Act of the Grand Assembly Holden at James City the 23d of March 1661. hath laid down several Rules unto the County-Courts for the management and securing the Estates of Orphans Now for as much as it hath been manifested to this Assembly that some Courts have endeavoured to dispose of some Estate of Orphans according to the Act have not found any persons willing to take and secure them in manner and form as that Law requires This Grand Assembly taking the same into their Consideration and desiring that such an expedient might be provided That in such Cases neither the Courts nor the Orphans may be prejudiced have thought fit that an Additional Act be made thereto Be it therefore Enacted By the Governour Council and Burgesses of this Grand Assembly and the Authority thereof That it shall and may be lawful for the County-Courts County-Courts Authorized to dispose of Orphans Estates to dispose of Orphans Estates according to the best of their judgment and advantage of the Orphans In such Cases where the said Courts cannot find persons will take Orphans Estates according to the afore Recited Act. III. An Act concerning Tytheables born in the Country FOr the better discovery of what persons born in this Country are and ought to be accounted Tytheables and the ages of the younger sort the better known Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof persons appointed by the County-Courts shall take Lists of Tytheables That all persons who are appointed by the County-Courts to take the Lists of Tytheables each Countie shall take an account of all Negroe Mulatto and Indian Children within their several Precincts And the Masters or Owners of such Children are to make appear upon Oath or Evidence the ages of them And that all Negroe and Mulatto Children and Slaves that shall be born in this Countrie The Births of Negro and Muletto Children and Slaves born in Virginia shall be Registred shall by their Respective Masters or Owners within Twelve Moneths after their Births be Registred in the Parish Register with their exact Ages And in default thereof the said Master or Owner shall pay Leavie for them for that year and so yearly till such Register be made And it is further Enacted by the Authority aforesaid That all Negro Women born in this Countrie shall be accounted Titheables at sixteen years of age IV. An Act limiting how long accounts shall be Pleadable FOr the prevention and avoiding of many Suits and Controversies it hath seemed Convenient to this Grand Assembly to limit a time beyond which accounts may not be pleadable for as much also as there is a Law which admits no Bills pleadable after five years Be it therefore Enacted and Ordained and it is hereby Enacted and Ordained by the Governour Accounts shall not be pleadable after three years by persons living in this Country Council and Burgesses of this Grand Assembly and by the Authority thereof that accounts shall not be pleadable after three years by any person living in this Countrie And not after five years by any person that shall lay claim by accounts out of this Country this Act not relating any thing to the Act concerning accounts against dead mens Estates V. An Act concerning Servants Sold for the custom WHereas it hath been the Practice of divers Servants who have been sold for the custom of the Country after the departure of the Ship wherein they arrive And Persons who sold them to produce or pretend Indentures for shorter time Whereupon disputes have frequently arisen between the said Servants and their Masters for Prevention whereof for the future be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof that every Servant who comes Inpresumable without Indenture and so sold for the Custom shall by his Master be brought before some Justice of the Peace to declare whether he hath any Indenture and if the Servant shall alledge he hath Indentures to be produced but cannot as then produce it the said Justice shall in the Case Assign him one Months time within which if the said Servant fail to produce it he shall be barred from his Claim by reason of any pretended Indenture whatsoever VI. An Act concerning Masters of Ships and Collectors Vide Act the third Anno 1680. VII An Act for Suppressing of Vagabonds and disposing of poor children to Trades WHereas some wholesome Laws and Statutes have by the Wisdom of several Parliaments of England been made and are in force as well for the Suppression of Vagrant and Idle Persons as setting the poor on work The neglect of which Laws amongst us hath encouraged and much encreased the number of Vagabonds idle and desolute Persons Be it Enacted and it is hereby Enacted and ordained by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof that the Justices of peace in every County do put the Laws of England against Vagrant Idle and desolate Persons The Laws of England shall be put in Execution aginst Idle and vagrant Persons into strict Execution And that the Respective County-Courts shall and hereby are authorized and Impowered to place out all Children whose Parents are not able to bring them up Apprentices to Trades Poor Children to be provided for The Males till one and twenty years of Age and the Females to other necessary Imployments until eighteen years of Age and no longer and the Church wardens of every Parish shall be strictly enjoyned by the Courts to give an account annually at their Orphans Courts of all such children within their Parish as they judge to be within the said Capacity VIII An Act for the apprehension and Suppression of Runaway Negroes and Slaves FOrasmuch as it hath been manifested to this Grand Assembly that many Negroes have been and still are out in Rebellion in sundry parts of this Country and that no meanes have been found for the Apprehension and Suppression of them from
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
A Complete Collection OF ALL THE LAVVS OF VIRGINIA NOW IN FORCE Carefully Copied from the ASSEMBLY RECORDS To which is Annexed an ALPHABETICAL TABLE LONDON Printed by T. J. for J. P. and are to be sold by Tho. Mercer at the Sign of the Half Moon the Corner Shop of the Royal-Exchange in Cornhil To His Excellency FRANCIS LORD HOWARD BARON of EFFINGHAM His MAJESTIES LIEUTENANT and GOVERNOUR GENERAL OF VIRGINIA May it please your Excellency THough I know it a high Presumption in me to affix so great a Name to these Papers yet I likewise very well know how hainous and apparent a Premunire I should incurr against all Equity and Justice and in more particular manner against my bounden Duty to your Lordship to Entitle any other to their Protection or to set up any Foreign Power to be Supream and Paramount to that of your Excellency's over them You my Lord being at this time seated in the great and honourable Station of Governour General under his most Sacred Majesty of that Place which the subject Matter of these Papers particularly relate to My Lord Those many Gracious and Regal Grants and Priviledges which his most Excellent Majesty and Royal Ancestors of ever blessed Memory have from time to time bestowed upon this his Majesties Colony of Virginia since the first Settlement of the English there have given being to these Laws for the better Government thereof it being impossible for any number of Men to be at Peace or to flourish and prosper without good Laws which are the firm Pillars of Government and the strong Bonds of all Humane Society One had as good live in a Desart amongst Savage Beasts as among Men without Law to defend him for Laws are the Hedges on either side the Road which hinders from breaking into other Mens Propriety Laws are every Mans Civil Armour that Guards him from the Gripes of Rapine and all other Outragious Assaults and Insolencies and indeed 't is for this chiefly that Laws are of use amongst us not only to be our Guide but also our Shield The Great and Universal Monarch of the World the Supream Being at first in the very Infancy of Time gave unto Man a Law upon Parole inscribed in his heart that by those inward Dictates he might be guided and bounded in the whole Course and Road of his Life but such has the Pravity of Humane Nature been that this Divine Inscription is in a great measure defaced so that Kings and Princes have found it of absolute necessity to give Literal and Prescripted Laws for the Government and Well-being of Mankind in their respective Places and Societies These Papers being a Collection of the Laws of this Place presume not to Instruct your Excellency who in the fair Volume of your great Mind have all the Laws of Equity and Justice engraven and the vast Universal Idea of whatever can be call'd good in Mankind is there stamp'd But my Lord these Papers which contain Laws and therefore ought to preserve others from Calumny and Censures yet cannot themselves humbly crave your Excellencies Patronage which proves a Sanctuary to all Goodness so well as your Power is a Terror to all Vice The Design of this Collection of Laws is the Good of the Inhabitants of this Place for Laws though Enacted stand in little stead and use till they are promulgated and made known to all persons concerned in the Obedience of them Not my Lord that I accuse all the Inhabitants here with ignorance of their Duty but may it please your Excellency The knowledg of all things that are good the more diffusive the better and I hope my Lord that my honest and good intent herein will lessen and expiate in some measure my presumption in this Dedication to your Excellency Your Illustrious Fore-fathers have been always famous for their constant and exemplary Loyalty to their Prince and some of them have received the Signal Marks of Royal Bounty Your Excellency has eminently and deservedly partaken of both for his most Sacred Majesty whom God grant long to Reign seeing you treading in the same Steps of Loyalty with your Vertuous and Noble Ancestors hath in his Princely Wisdom been pleased to entrust your Lordship with the Weighty and Honourable Employment of Lieutenant and Governour General of VIRGINIA How happy is his Majesty in so Wise and Faithful a Subject and Minister And how happy is your Excellency in serving a King whose Wisdom cannot only discern and justly value but whose Goodness and Power can also Recompence the Merits of a Subject never so great But my Lord I dare not extend my self upon your Excellencies Panegyrick which is an infinite Subject and requires the Pen of the most Skilful Orator I shall therefore content my self to admire with other Men what I cannot comprehend lest I should offend and be injurious to your Excellency by my little and weak Expressions which are far below my thoughts and my thoughts far below your great and high Merits which necessarily forces all Men whose happiness 't is to know your Lordship to aspire and I more than all others to take the liberty to write and stile my self My most Honoured Lord Your Excellencies most Humble most Devoted and most Obedient Servant J. P. A Complete Collection OF THE LAVVS OF VIRGINIA AT A Grand Assembly HELD AT JAMES CITY 23 MARCH 1662. WHEREAS the late unhappy Distractions caused frequent Change in the Government of this Countrey and those produced so many Alterations in the Laws that the people knew not well what to obey nor the Judges what to punish By which means Injustice was hardly to be avoided and the Just Freedom of the People by the uncertainty and licentiousness of the Laws hardly to be preserved This Assembly taking the same into their serious Considerations and gravely weighing the Obligations they are to discharge to God the King and the Countrey have by settling the Laws diligently endeavoured to prevent the like Inconveniencies by causing the whole Body of the Laws to be revived all unnecessary Acts and chiefly such as might keep in memory our forced deviation from His Majesties Obedience to be repealed and expunged and those that are in force to be brought into one Volume And lest any prejudice might arise by the ignorance of the Times from whence those Acts were in force they have added the Dates of every Act to the end that Courts might rightly administer Justice and give Sentence according to Law for any thing happening at any time since any Law was in force And have also endeavoured in all things as near as the Capacity and Constitution of this Countrey would admit to adhere to those excellent and often refined Laws of England to which we profess and acknowledge all Reverence and Obedience And that the Laws made by us are intended by us but as Brief Memorials of that which the Capacity of our Courts is utterly unable to collect out of its vast Volumes though sometimes
perhaps for the difference of our and their Condition varying in small things but far from the presumption of contradicting any thing therein contained And because it is impossible to honour the King as we should unless we serve and fear God as we ought And that they might shew their equal care they have set down certain Rules to be observed in the Government of the Church until God shall please to turn His Majesties Pious Thoughts towards us and provide a better supply of Ministers among us BE it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly That all the following Laws continued or made by this Assembly shall be hereafter reputed the Laws of this Countrey by which all Courts of Judicature are to proceed in giving of Sentence and to which all persons are strictly required to yield all due obedience And that all other Acts not in this Collection mentioned to be to all intents and purposes utterly abrogated and repealed unless Suit be commenced for any thing done in the time when a Law now repealed was in force in which Case the producing that Law shall excuse any Person for doing any thing acording to the Tenor thereof I. Church to be built or Chappel of Ease BE it Enacted for the Advancement of Gods Glory and the more decent Celebration of his Divine Ordinances A Church to be built in each Parish there be a Church decently built in each Parish of the Countrey unless any Parish as now settled by reason of the fewness or poverty of the Inhabitants be incapable of sustaining so great a Charge in which Case it is Enacted that such Parishes shall be joyned to the great Parish of the same County Small Parishes to have Chappels of Ease and that a Chappel of Ease be built in such places at the particular Charge of that place II. Vestries appointed THat for the making and proportioning of the Levies and Assessments for building and repairing the Churches and Chappels Provision for the Poor Maintainance of the Minister and such other necessary Uses A Vestry in each Parish consisting of Twelve Men to be chose by the Major part of the Parishioners and for the more orderly Managing all Parochial Affairs Be it Enacted that Twelve of the most able Men of each Parish be by the Major part of the said Parish chose to be a Vestry out of which number the Minister and Vestry to make Choice of two Church-wardens yearly as at so in Case of the Death of any Vestry-man or his departure out of the Parish that the said Minister and Vestry make Choice of another to supply his Room None to be admitted of the Vestry without taking the Oaths of Allegiance and Supremacy And be it further Enacted that none shall be admitted to be of the Vestry that doth not take the Oaths of Allegiance and Supremacy to his Majesty and subscribe to be conformable to the Doctrine and Discipline of the Church of England III. Glebes to be laid out Provision for the Minister THat for the better encouragement and accommodation of the Ministry there be Glebes laid out in every Parish and a convenient House built for the reception and abode of the Minister according to his Majesties Instructions His Maintainance to be worth 80 l per Annum besides his Perquisites and Glebe And that such Provision be made for his Maintainance in the valuable and currant Commodities of the Countrey as may be really worth Fourscore Pounds per Annum besides his Perquisites and the Glebe Viz. If in Tobacco at the rate of Twelve Shillings the Hundred in Corn at Ten Shillings the Barrel if in Money by Bills of Exchange Security to be given for the certain Payment and in Case of protest to be recovered here with Fifty per Cent. for Damages IV. Ministers to be Inducted 1642. No Minister to Officiate without producing Testimonials of his having received his Ordination of some Bishop of England THat for the preservation of Purity and Unity of Doctrine and Discipline in the Church and the right Administration of the Sacraments no Minister be admitted to officiate in this Countrey but such as shall produce to the Governour a Testimonial that he hath received his Ordination from some Bishop in England and shall then subscribe to be conformable to the Orders and Constitutions of the Church of England and the Laws there established upon which the Governour is hereby requested to induct the said Minister into any Parish that shall make presentation of him And if any other Person pretending himself a Minister shall contrary to this Act presume to Teach or Preach publickly or privately the Governour and Council are hereby desired and impowered to suspend and silence the Person so offending And upon his obstinate persistence to compel him to depart the Countrey with the first Convenience as it hath been formerly provided by the 77 Act made at James City the 2 of March 1642. V. Ministers to provide Readers 1661. THat every Parish not having a Minister to Officiate every Sunday Divine Service to be read each other Sunday to make Choice of a grave and sober Person of good Life and Conversation to read Divine Service every intervening Sunday at the Parish Church when the Minister preacheth at any other place VI. Liturgy to be Read THat the Canons set down in the Liturgy of the Church of England for celebrating Divine Service and Administration of the Sacraments Canons and Liturgies of the Church of England to be observed be duly observed and kept And that the whole Liturgy according to the said Injunctions be by the Minister or Reader at Church and Chappel every Sunday throughly read VII Church Catechism No other Catechisme but that in the Common-Prayer to be used THat neither Minister nor Reader teach any other Catechism then that by the Canons appointed and inserted in the Book of Common Prayer And that the Minister expound no other then that That our Fundamentals at least may be well laid and that no Reader upon presumption of his own abilities do attempt the expounding that or any other Catechism or the Scriptures VIII Ministers to Preach Weekly Ministers to preach Weekly Sacraments to be Administred at least twice in the year THat the Minister of every Parish preach constantly every Sunday Viz. One Sunday in a Month at each Chappel of Ease in his Parish if there be any and the other in his Parish Church and that twice a year at least he administer the Sacrament of the Lords Supper there IX Sundays not to be prophaned The Lords day to be kept Holy THat the Lords day be kept Holy and that no Journeys be made on that day except in Case of emergent Necessity And that no other thing be used or done that may tend to the Prophanation of that day Divine Service and Preaching to be diligently attended But that all and every person
and persons inhabiting in this Countrey having no lawful excuse to absent shall upon every Sunday and the four Holy Days hereafter mentioned diligently resort to their Parish Church or Chappel accustomed then and there to abide orderly and soberly during the time of Common-Prayer Preaching or other Service of God upon penalty of being Fined Fifty pounds of Tobacco by the County Court upon presentment made by the Church-Wardens who are to Collect the same with the Parish Levies Provided always That this Act conclude not Quakers or other Recusants who out of Non-conformity to the Church totally absent themselves but that they shall be liable to such Fines and Punishments as by the Statute of 23 of Eliz. are Imposed on them being for every Months absence Twenty pounds Sterling and if they forbear a Twelve-month then to give good security for their Behaviour besides their payment for their Monthly absence according to the Tenor of the said Statute Quakers to be presented as by 23 Eliz. Presentments of Defaulters to be made by the Church-wardens And that all Quakers for Assembling in unlawful Assemblies and Conventicles be fined and pay each of them there taken 200 l. of Tobacco for each time they shall be for such unlawful Meetings presented by the Church-wardens to the County Courts X. January the 30th to be kept a Fast WHereas our late Surrender and Submission to that execrable power that so bloodily massacred the late King Charles the First of ever blessed Memory hath made us by acknowledging them guilty of their Crimes to shew our serious and hearty repentance and detestation of that Barbarous Act Be it Enacted A yearly Fast on the 30th of January That the Thirtieth of January the day the said King was Beheaded be annually solemnized with Fasting and Prayers that our Sorrows may expiate our Crime and our Tears wash away our Guilt XI May 29th to be kept holy SInce God of his Mercy hath been pleased to Restore our late distracted Kingdoms to Peace and Unity And his late distressed Majesty to the Throne of his Royal Ancestors The 29th of May to be Celebrated as an Holy day Be it Enacted That in Testimony of our Thankfulness and Joy the Twenty-Ninth of May the day of his Majesties Birth and happy Restitution be annually Celebrated as an Holy day XII None to be Married but by Ministers nor by them but by Licence or publishing the Banes Marriage to be performed by Ministers only and according to the Laws of England THat no Marriage be solemnized or reputed valid in Law but such as is made by the Minister according to the Laws of England And that no Minister Marry any person without Licence from the Governour of his Deputy or thrice publication of Banes according to the prescription of the Rubrick in the Common-Prayer Book which enjoyns That if the persons to be Married dwell in several Parishes None to be Married without Licence or publication of Banes the Banes must be asked in both Parishes and that the Curate of the one Parish shall not solemnize the Matrimony until he have a Certificate from the Curate of the other Parish that the Banes have been there thrice published and no objection made against the Parties joyning together And if any Minister shall contrary to this Act Marry any persons he shall be Fined Ten thousand pounds of Tobacco The Penalty And any pretended Marriage made by any other then a Minister be reputed Null and the Children born out of such Marriage of the Parents esteemed illegitimate And the Parents suffer such punishment as by the Law prohibiting Fornication ought to be Inflicted XIII Church-wardens to make Presentment THat the Church-wardens shall twice every year Church-wardens shall make Presentments of all Misdemeanors twice in the year viz. In December Court and April Court deliver a true Presentment in Writing of such Misdemeanors as by their Knowledge or by common Fame have been commmitted whilst they have been Church-wardens namely Swearing Prophaning Gods holy Name or Sabbath abusing or contemning his holy Word and Sacraments or absenting themselves from the Exercise thereof Presentments for what As also of those foul and abominable sins of Drunkenness Fornication and Adultery and of all Malicious and Envious Slandering and Backbiting for the better manifestation whereof the said Church-wardens are Impowered to Cause all such Persons upon whose reports they ground their Presentments to appear at the respective County Courts to which the Presentments are made to give in their Evidences concerning the same XIV Burying of Servants or others privately prohibited WHereas the private Burial of Servants and others Private Burials prohibited give occasion of much Scandal against divers Persons and sometimes not undeservedly of being guilty of their Deaths from which if the person suspected be Innocent there can be no Vindication nor if Guilty no Punishment by reason they are for the most part Buried without the Knowledg or View of any others then such of the Family as by nearness of Relation as being Husband Wife or Child are unwilling or as Servants are fearful to make discovery if Murther were Committed for Remedy whereof as also for taking away that Barbarous Custom of exposing the Corps of the Dead by making their Graves in Common and Unfenced Places to the prey of Hogs and other Vermine Places to be set a-part for Publick Burial Be it Enacted That there be in every Parish Three or Four or more Places appointed according to the greatness or littleness of the same to be set a-part and fenced in for Places of Publick Burial for that Precinct And further That before the Corps be Buried there be at least three or four of the Neighbours called who may in case of Suspicion view the Corps and if none yet according to the decent Custom of all Christendom they may accompany it to the Grave And be it further Enacted That no persons whether Free or Servants shall be Buried in any other place than those so appointed unless such who by their own Appointments in their life time have signified their desire of being interred in any particular place else where XV. Church-wardens to keep the Church in repair and provide Ornaments Churches to be Repaired ANd it is further Enacted That the said Church-wardens take care and be impowered during their Church-wardenship A Great Bible two Common-Prayer-Books a Communion Cloth and other Ornaments to be provided to keep the Church in Repair provide Books and decent Ornaments Viz. a Great Bible two Comon Prayer Books a Communion Cloth and Napkins a Pulpit and Cushion this present year and after annually something towards Communion Plate Pulpit Cloth and Bell as the Ability of the Parish will permit And that they the said Church-wardens do faithfully Collect the Ministers Dues Church-wardens to Collect the Ministers Dues Cause them to be brought to Convenient places and honestly pay them and that of all their
several Counties not building such Prisons liable to the Sheriff for the escape of any person committed to his Custody which Acts have for want of a Penalty never been put into Execution for want whereof Felons may escape and Debtors for want of due restraint delay always and defraud oftentimes the Creditor of his just Dues and by means thereof the Law it self made wholly void which intended principally that all Men should by that restraint have been forced to make a speedier satisfaction For remedy whereof be it hereby Enacted A Prison to be built at the charge of the County That according to the said Acts a good strong Prison after the form of Virginia Houses be builded within Eight Months after the date of this Act by the Court at the charge of the County upon Penalty of being fined Five thousand pounds of Tobacco and be answerable for Escapes as aforesaid and the person breaking Prison Breaking of Prison shall be adjudged Felony shall according to the said Act. of the third of November 1647 be adjudged a Felon and that no person under Execution for Debt or imprisoned for Felony shall have the benefit of the Rules Who shall have the benefit of the Rules and all other persons having the benefit of the Rules shall be secured and lie in Prison every night at the Peril of the Sherriff XLIII Dwellers within the Rules of any Prison not to have any benefit thereof AND be it Enacted That if the Sheriff shall permit any person dwelling within the Rules of any Prison that is by Warrant or Order of Law committed to Prison to walk abroad out of Prison Such as dwell within the Rules shall not enjoy the benefit of them though with a Keeper and to have the benefit of the Rules or to lodge in his own House the said Sheriff upon Proof thereof made at the County Court by the Plantiff shall be ordered to pay the Debt as in case of Escapes XLIV Sheriff to be chosen in the Commission FOrasmuch as the Comissioners of the County Courts are by the Laws of this Country answerable for the Levies and Estreatments of each County of which the Sheriff is usually the Collector One of the Commissioners of each County shall be chosen Sheriff there be it therefore Enacted That none but one of the Commissioners of each County shall be Sheriff for that County And further That the Commissioners shall exercise the Office of Sheriff successively as they hold their places in Commission Sheriffs shall hold their Office a whole year and no longer every one a whole year and no longer Provided That every such Commissioner before he be admitted to take his Oath give in good Security for the due Execution of his Office and Performance of the Trust committed to him and then his Oath be administred to him And be it further Enacted That no Under Sheriff shall execute the Office of Under Sheriff in the same County above one Year The Vnder Sheriff Provided always That the Sheriffs of James City who are more immediate Officers than any other to the General Courts and the Publick shall be left to the Governours free Choice And further That if the Governour see cause for the better promoting any of his Majesties special Services it shall be left to his discretion to pass by any Person in any other Commission and to give the Place to those in the Commission he shall think most meet to supply the exigent of the present Occasions but because the Laws as well of England as of this Countrey prohibit the Executing the Office of Sheriff by any Person two years together the Governour is earnestly desired by the Assembly in any of his Elections not to infringe those Laws XLV Sheriffs not making Return VVHereas the Sheriffs often through neglect often for favour to the Debtors omit the serving the Process to them directed and making Returns thereof according to Law by means whereof the Courts are prolonged Justice is delayed and the Parties by their attendance and expences very much endamaged Be it therefore Enacted Sheriffs not making timely Returns fined 1000 l. of Tobacco That every Sheriff failing to make sufficient Return that is That the Writ is executed and the Name of the Bail taken of any Warrant to him directed three days at least before the day of the Return of the Writ in the General Court and two days before the County Courts shall be amerced One thousand Pounds of Tobacco one half to the Plaintiff if he sue for it and the other half to the County Provided That the said Plaintiff prove the delivery of the Warrant to the Sheriff XLVI Sheriffs to take Bail BE it also Enacted Sheriffs shall take sufficient Bail in Arrests That all Sheriffs shall take sufficient Bail of Persons arrested and perform the Award of the Court and if the Sheriffs shall neglect to take sufficient Bail of the Party arrested or otherwise consent to be the cause of his escape then the said Sheriff shall be liable to pay the Award of the Court himself and shall also pay in case the consent to the escape be proved One thousand Pounds of Tobacco one half to the Publick the other half to the Party grieved for his delay in recovering the Debt but if Bail be taken and the Party appear not to answer the Suit then Judgment shall be awarded against the Bail Always provided That the Sheriff or Bail shall if they desire it have an Attachment against the Estate of the Party arrested and not appearing And further That if the Sheriff or Bail shall the next Court after that to which the Arrest was made bring forth the Body of the Party so arrested to answer the Suit then the Sheriff or Bail shall be acquitted for the Judgment passed against them XLVII Non est Inventus BE it also Enacted That if any Sheriff shall return a Non est Inventus upon which an Atachment by a former Act hath been usually granted when perhaps neither the Sheriff nor his Officer have been at the house of the Defendants to the great damage and disparagement of the said Defendant by having his Goods attached Be it therefore Enacted The Method of Proceedings relating to a Non est Inventus That henceforth the Sheriff or his Officer shall declare upon one of their Oaths that he hath been at the house of the Defendants and hath there left a Copy of his Writ before his return of Non est inventus be admitted and if he shall refuse to make such Oath then Order to pass against him according to the Act for Non-Returns but if the Return be proved and allowed in Court then after thrice summoning the Defendant by Proclamation in Court an Attachment shall issue against his Estate returnable the Court following where if the Defendant appear not to replevin the Attachment Judgment shall be granted to the Plaintiff for his Debt being made
orders and to send the same to the several Vestries of the Parishes in their Counties they shall be fined Ten thousand pounds of Tobacco and the Vestries failing to order the Precincts and the Persons to go together shall be fined Twelve hundred pounds of Tobacco and the person failing go upon the day appointed or to renew his Mark accordingly shall for his neglect be fined Three hundred and fifty Pounds of Tobacco LXXIX Surveyors for High Ways VVHereas through the frequent Alterations of the High-ways by felling of Trees over them and many times taking them into fenced Plantations to the great hindrance of Travellers and Traders Be it therefore Enacted The Justices shall yearly appoint Surveyors of the High-Ways That the Justices do yearly in October Court appoint Surveyors of the High-ways who shall first lay out the most convenient ways to the Church to the Court to James Town and from County to County and make the said ways Forty foot broad and make Bridges where there is occasion and the Ways being thus laid out and Bridges made they shall cause the said Ways to be kept clear from Logs and the Bridges in good repair High-Ways shall be kept clear and Bridges in good repair that all his Majesties Subjects may have free and safe Passage about their occasions and to effect the same the Vestries of every Parish are upon the desire of the Surveyor hereby enjoyned and impowered to order the Parishioners every one according to the number of Tythables he hath in his Family to send Men upon the days by the Surveyors appointed to help them in clearing the Ways or making or repairing the Bridges according to the intent and purpose of this Act and if any Court shall omit the appointing Surveyors or they neglect the executing their Office or the Vestry to order the Work or any person to send help Vestries of each Parish shall take care thereof according to the said Vestries order the said Court Surveyors Vestry or Person shall be amerced Five hundred pound of Tobacco to the use of the County And if any person shall contrary to this Act fell Trees upon the High-ways The Penalty of Felling Trees on the High-Way or encroaching upon the same and not clear the same or inclose any part of the said High-ways within any fence the Grand Jury shall present the same as a common Nusance and the Inclosure shall be thrown open and the offender be fined One thousand pound of Tobacco to the use of the County and if any Counties have Creek or Swamp limiting the bounds between the said Counties it is Enacted That both Counties bounding upon such Passage shall contribute to the making the Bridge or making the way over it LXXX Tobacco when to be demanded WHereas many Creditors for several By-respects neglect the demanding the Tobacco due to them in due time by that means inforcing the Debtor to the inconveniency of not disposing of his Tobacco and yet not paying his Debts to the great damage and prejudice of the said Debtor Be it therefore Enacted That every person or persons not demanding his or their Debts between the Tenth of October and the last of January Tobacco due shall be demanded between the Tenth of October and the last of January shall not sue or implead any person or persons Indebted to him or them for present Payment but it shall be lawful for any persons owing Tobacco to dispose of the same for his own use after the said last of January if it have not been demanded according to the tenor of this Act and no Execution to issue for a Tobacco Debt but against the person who shall have liberty to free himself by putting in security to pay the Debt the following Crop Provided always That it shall be lawful for the Creditor to sue or implead his Debtor for security for his Debt against the next year any thing in this Act to the contrary notwithstanding LXXXI Judgments and Specialties how long Pleadable WHereas the nature of our Trade in Virginia enforceth us to Engage by Bills Bonds and other Writings for discharge of which in part or in whole the Debtor is often constrained to accept of the Receipts the said Bills Bonds Judgments and other Writings remaining still in the hands of the said Creditor and the Receipt being often times lost the Debtor and especially the Executors and Administrators of a person deceased not being able to prove payment those Debts are frequently demanded and unjustly recovered which before had been justly paid and discharged for remedy whereof Be it Enacted That no Bills or Bonds be of force or recoverable Five years after the date of the said Bills or Bonds or any Bills or Bonds heretofore made Bills and Bonds of persons Deceased in what time recoverable five years after the date of this Act as also that no Judgment shall be of force seven years after the Grant thereof or after the date of this Act as aforesaid but if the Debtor shall depart the Country and leave no Attorney to answer for him or any other way conceal or privily remove himself into any part of the Country and by that means render the renewing of the Bill impossible such time of his Absence or Concealment shall not be accounted any part of the Five or Seven years limited LXXXII Attorneys for Business out of England WHereas many persons in this Country entertain as Attorneys many troublesome businesses out of England and other places when justly there is no occasion for such Molestation and yet the Parties molested are left destitute of Relief by reason the said Disturbers have no Estate in this Country to satisfie Damages they are condemned in Be it therefore Enacted Attorneys out of England shall give security to pay Costs and Damages if cast in Law Suits That no Attorney by any power out of England or elsewhere shall sue or implead any person of this Collony without giving first good Security that he the said Attorney shall pay all such Costs and Damages as the Court shall award against him where the Law shall find that he the said Attorney hath by that power unjustly molested the Defendant LXXXIII Burgesses VVHereas no Provision hath been made for the certain Conveyance of publick Writs for the Election of Burgesses whereby the delivering the said Writs being retarded the Sheriff hath no time to give notice to the people according to Law nor make a timely return of the Writs nor can the Burgesses appear at the day for remedy whereof Be it Enacted by this present Grand Assembly Allowance to the Secretary for conveying Writs of Election to the Sheriffs of each County That the Secretary provide for the timely conveyance of the Writs into every County to be delivered to the Sheriff thereof and for his pains be paid One Hogshead of Tobacco weighing Three hundred and Fifty pounds for every County and in Case any Neglect be proved against him
a sick Servant to a hazard of the recovery than put themselves to the certain charge of a rigorous though unskilful Physician whose demands for the most part exceed the purchase of the Patient many other poor people also being forced to give themselves over to a lingring Disease rather than ruin themselves by endeavouring to procure an uncertain Remedy for redress thereof for the future Be it Enacted That it shall be lawful for any person or persons conceiving the Account of the Physician or Chirurgeon unreasonable to Arrest the said Physician or Chirurgeon to the General or County Court Appeal to the General or County Courts when Physicicians or Chirurgeons are unreasonable in their Demands where the Physician or Chirurgeon shall declare upon his Oath the true Value Cost and Quantity of the Drugs administred for which the Court shall grant Order against the Plantiff with Fifty per Cent. advance and such consideration for his Care Visits and Attendance as they shall judge he hath deserved and if it shall appear by Evidence that the said Physician or Chirurgeon hath neglected his Patient while he was under Cure the Court shall censure him to pay so much as they in their discretion shall think reasonable XCIII Chirurgeons Accounts Pleadable after decease of the Party WHereas by Act of many Assemblies no Accounts are Pleadable against dead mens Estates whereby many Scruples have been made about the Accounts of Physicians and Chirurgeons who cannot possibly take Bill Be it therefore Enacted That Physicians and Chirurgeons Accounts shall be Pleadable and Recoverable for means administred and pains taken in the time of Sickness whereof the Party dies and where the patient recovers Six Months after such Recovery and no longer XCIV Discounts to be made in Courts BE it Enacted For the avoiding many causeless Suits in Law that where any Suit shall be commenced in any Court for a Debt that if the Defendant hath either Bill Bond or Account of the Plantiffs wherein he proves the Plantiff Debtor such Debt of the Plaintiff shall be discounted out of the Debt he claimeth of the Defendant and Judgement shall be given for no more than the Ballance of the Debt will amount to consideration being always made of the times their several Debts have been due and accordingly Allowance made for the time and because it many times happens that the Defendants in such cases do procure Bill or Accounts of the Plaintiffs from other men which he perhaps can discount with those to whom he passed such Speciality or Account It is therefore Enacted That no Bill or Account that being assigned over shall by the Assignee be pleadable against the Debtor in such Bill or Account unless the Assignee can prove that he gave the Debtor notice before his acceptance of the Assignment and that the Debtor at that time pretended to no discount against it XCV Accounts against Dead Mens Estates WHereas too sad Experience hath shewed that Accounts against the Estates of persons deceased have often unjustly devoured the Estates and brought the Wives and Children to Poverty and Ruin and whereas as well the Laws of England as of this Country permit not any thing to be Pleadable against any person that cannot wage his Law which Executors and Administrators are utterly uncapable of Be it therefore Enacted That no Book Debts or Accounts shall be henceforth pleadable against the Estate of any person deceased nor against any living if the said Person shall upon his Oath deny the same to be due unless they be such Accounts as by particular Acts of the Assembly as Officers Fees Levies and Chirurgeons Accounts are Pleadable neither shall any Man be put to his Oath upon an Ordinary Keepers Account Debts due to Ordinary Keepers but the said Ordinary Keeper shall take the hand of any person calling for any Drink or Provision to his Book or else his Bill or otherwise his Debt shall not be Pleadable XCVI Ballancing Accounts of deceased persons AND whereas divers Men being indebted to others upon Account may be induced to deliver Goods to them or their Assigns in Ballance yet take no Receipt which Account upon the death of either party may be brought by his Executors or Administrators against the Survivor of which he cannot upon his Oath deny the Receipt yet that Account though justly ballanced before is often recovered by this Act prohibiting Accounts against Dead Mens Estates yet leaving liberty to their Executors or Administrators to sue for an Acount due to the Estate of the person deceased Be it therefore Enacted Accounts against a dead mans Estate shall be admitted in Discount That Accounts against a Dead Mans Estate being sufficiently proved shall be admitted in discount of an Account due to such Dead Mans Estate but if the Account brought against the Estate exceed that due to the Estate the Survivor for the overplus shall be dismissed without day Provided also That where the Party charged as Debtor to any one shall refuse upon his Oath to deny the Account brought against him except an Ordinary Keepers which it is impossible to keep in Memory or any part thereof the Court shall take the Account to be due as by confession and shall give Judgment for so much thereof as he shall not deny as aforesaid XCVII Ordinary Keepers how to Sell. WHereas continual Complaints are made of the Exaction of Ordinary Keepers and others in the Rate and Measures of Strong Drink by them retailed and sold Be it Enacted That no Person after the First of March One thousand six hundred sixty and three shall sell or vend by retail any Wine Beer or other Strong Drink of what sort soever by any Measures but English Sealed Measures of Pints Quarts Pottles or Gallons and that every one that now doth Ordinary Keepers shall sell by English Measures or hereafter shall keep any Ordinary shall by the said first of March 1663 provide such Measures to sell by in his House and in case he fail shall be put down from keeping any Ordinary and fined Five thousand Pounds of Tobacco to the use of the publick Provided always That it shall be lawful for them to sell English Strong Waters coming over in Cases by the Bottle in the same Bottles they bought them And for preventing many Disorders and Riots in Ordinaries and other places where Drink is retailed Be it Enacted None to retail Drink but such as have Licences That no person or persons whatsoever shall in their Houses retail any Drink but such as shall obtain a Licence from the Commissioner of the County where he lives signed by the first in Commission of that Court by giving Bond according to the Laws of England and further obliging himself to sell at the rates set by the Commissioners and to pay annually to the Governour Three hundred and fifty Pounds of Tobacco and Cask for his Licence XCVIII Servants how long to Serve VVHereas the Thirteenth Act 1659 doth Enact
That all persons brought as Servants into this Country of what Christian Nation soever they be should serve no longer than our own Nation which is Five Years All Servants coming in without Indenture shall serve Five years if above Sixteen years of Age and all under till they are Four and twenty if above Sixteen Years of Age if under until One and twenty as by the Thirtieth Act of the said Assembly appears and in regard the said Thirtieth Act doth contrary to Law look backward and set free several Servants Aliens purchased upon a former Act of Assembly made the Fourth of _____ 1654. Be it therefore Enacted That all Aliens and others coming in while that Act and the others are in force shall serve according to those Acts and that for the future all the aforesaid Acts shall be repealed and all Servants hereafter coming in without Indenture shall serve Five Years if above Sixteen Years of Age and all under that Age shall serve until they be Four and twenty Years Old that being the time limited by the Laws of England and that the several Courts at the Request of the Master make Inspection and judge of their Age. XCIX Against secret Marriage VVHereas much loss and detriment doth arise to divers Masters of Families by the Secret Marriages of Servants the said Servants through that occasion neglecting their Works and often purloining their Masters Goods and Provisions Be it therefore Enacted That no Minister either Publish the Banes or Celebrate the Contract of Marriage between any Servants unless he have from both their Masters a Certificate that it is done with their consent Servants may not be Married without producing Certificates from their Masters and the Minister doing otherwise shall be Fined Ten thousand Pounds of Tobacco and the said Servants both Man and Woman that shall by any indirect means procure themselves to be Married without consent of his and her Master shall for such their Offence each of them serve their respective Masters One whole Year after the time of Service by Indenture is expired And if any person being free shall clandestinely marry with a Servant as aforesaid he or she so marrying shall pay to the Master of the Servant Fifteen hundred Pounds of Tobacco or a Years Service and the Servant so being married shall abide with his or her Master the time by Indenture or Custom and a year after as aforesaid C. Against Fornication FOR restraint of the filthy Sin of Fornication Be it Enacted That what Man or Woman soever shall commit Fornication he and she so offending Persons convicted of fornication Fined Five hundred pounds of Tobacco upon proof thereof by Confession or Evidence shall pay each of them Five hundred Pounds of Tobacco Five to the use of the Parish or Parishes they dwell in and be bound to their good Behaviour and be Imprisoned till they find security to be bound with them and if they or either of them committing Fornication as aforesaid be Servants then the Masters of such Servants so offending shall pay the said Five hundred pounds of Tobacco as aforesaid for which the said Servant shall serve half a year after the time by Indenture or Custom is Expired Servants guilty thereof how to be punished and if the Master shall refuse to pay the Fine then the Servant to be Whipped and if it happen that a Bastard Child be gotten in such Fornication then the Woman if a Servant in regard of the loss and trouble her Master sustains by her having a Bastard shall serve two years after her time by Indenture is Expired or pay Two thousand pounds of Tobacco to her Master besides the Fine or Punishment for committing the offence and the reputed Father to put in security to keep the Child and save the Parish harmless CI. Hired Servants VVHereas divers persons that by Indenture Custom or After-Contracts for Wages being Servants to several Men do many times run away to Plantations far remote and there being unknown procure Entertainment with others for Wages or Shares to the great damage and sometimes utter undoing of their true Masters and also of those that ignorantly entertain them by paying the Fine for prevention whereof for the future and for the better discovery of such Run-aways Be it Enacted That all Servants at the Expiration of their time shall with their Master or a sufficient Testimonial from him Servants when their time is expired shall take Certificates of their Freedom go to the Court in that County where he served and there enter his Freedom and take Certificate thereof from the Clerk of the said Court which Certificate shall be sufficient Warrant for any person to entertain him into his Service and whoever after his first time by Indenture is expired and Certificate thereof taken out as aforesaid shall again upon any Terms become servant to another the Master then hiring the said Servant shall take his Certificate of Freedom and keep it until the time contracted for be expired and whoever shall entertain or harbour any Servant or hired Free-man running away from his Masters Service and not having a Certificate as aforesaid shall pay to the Master of the said servant Thirty pounds of Tobacco per day and night for all the time they shall harbour or entertain them And produce them when entertained by other Masters Provided that if such Run-away Servants shall forge a Certificate or steal the true one from the Master he is hired to and by that means procure himself Entertainment the person entertaining him shall be free from the Fine but the Servant stealing or forging a Certificate shall be punished for his forgery by standing in the Pillory two hours upon a Court day and if any person coming free into the Country shall by any Contract agree with one person and before the time agreed for be accomplished shall depart to annother he shall first perform the tenor of his Contract first made and pay the apparent Damages that shall arise by his breach of Covenant and shall after that satssfied be liable to the payment of what Damages any other Contractor with him shall recover of him by Law and in regard the Certificates of Freedoms may be worn out and lost and by those means New ones be required It is further Enacted That every Clerk upon such pretence granting a new Certificate shall mention in that the loss of the first and that for that cause this second was issued CII Run-aways WHereas there are divers loitering Run-aways in this Country who very often absent themselves from their Masters service and sometimes in a long time cannot be found the loss of their time and the charge of the seeking them often exceeding the value of their labour Be it therefore Enacted That all Run-aways that shall absent themselves from their said Masters Service shall be liable to make satisfaction by service after the times by Custom or Indenture are expired Viz. double their time
they are paid in being commonly the refuse of their cargo Be it therefore Enacted Masters of Ships shall give an Account of the Bdrthen of their Vessels and a List of their Passengers to the Collector of 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
Fourteenth Year of our Sovereign Lord King CHARLES II. I. An Act concerning Sheriffs making false Returns WHereas the Sheriffs of the several respective Counties do often contrary to act of Assembly accept of the promise of the Party Arrested instead of taking Bail which by Act he is injoyned to do and yet to save himself Harmless doth make false Returns viz. That the Writ could not be Executed whereby the Creditor is delayed in the Suit or Non est inventus whereby Attachment Issues to the damage of the Defendant Be it therefore Enacted by this present Grand Assembly and the Authority thereof The Penalty of Sheriffs making false Returns That every Sheriff that shall be proved to have executed the Writ and yet make such false Return shall be fined Three thousand pounds of Tobacco one half to the Publick and the other half to the Party damaged or delayed as aforesaid II. An Act concerning Servants Owners of Goods WHereas many Servants imported into this Countrey being ignorant of the Customs here do sometimes bring in with them a small Parcel of Goods or have them sent afterwards by their Friends which usually either the party that Imports them or he to whom they are Assigned as Servants converted to their own use Be it therefore Enacted by this present Grand Assembly and the Authority thereof Servants Goods are to be disposed of for their own use That all Servants bringing Goods in with them not being their Own wearing Apparrel or having them Consigned to them during the time of their Service shall have the propriety in their own Goods and by permission of their Masters dispose of the same for their own future advantage III. An Act against Persons that refuse to have their Children Baptized WHereas many Scismatical Persons either out of aversness to the Orthodox Established Religion or out of the new-fangled conceits of their own Heretical inventions refuse to have their Children Baptized Be it therefore Enacted by this present Grand Assembly and the Authority thereof That all and every person and persons that in contempt of the Divine Sacrament of Baptism The Penalty of refusing to have Children Baptized shall refuse when he or they may carry their Children to a Lawful Minister in that County where he or they dwell to have them Baptized shall be amerced Two thousand pounds of Tobacco half to the Parish half to the Informer IV. An Act declaring how Judgment shall be passed upon a Non est Inventus Returned WHereas by the present Law when a Non est Inventus is Returned Attachment is granted Returnable the next Court and Judgment upon the Attachment the Court following yet if the Arrest be upon an Action of the Case upon Account prescribes no way of making proof of the Debt the Act for Accounts referring them to the Oath of the Debtor Proceedings in case of a Non est Inventus Be it therefore Enacted by the Authority aforesaid That henceforth in all such Cases the Creditors Oath shall be taken to his Account and Judgment pass for the same he deposeth to be due to him and in like manner where Bail is taken and the Defendant appears not upon proof made by the Oath of the Creditor as aforesaid Judgment shall pass against the Bail for the Debt V. An Act for Punishment of Scandalous Persons VVHereas many Babling Women slander and scandalize their Neighbours Babling and Slanderous Women to be punished by Ducking for which their poor Husbands are often involved in chargeable and vexatious Suits and cast in great Damages Be it therefore Enacted by the Authority aforesaid That in Actions of Slander occasioned by the Wife after Judgment passed for the Damages the Woman shall be punished by Ducking and if the Slander be so enormous as to be adjudged at greater Damages then Five hundred pounds of Tobacco then the Woman to suffer a Ducking for each Five hundred pounds of Tobacco adjudged against the Husband if he refuse to pay the Tobacco VI. An Act concerning VVomen-Servants got with Child by their Masters VVHereas by an Act of Assembly made the 23 of March 1661 every Woman-Servant having a Bastard is to repair the trouble and charges sustained by the Master to serve two years after her time by Indenture is expired and late experience shewing that some dissolute Masters having themselves gotten their Women-Servants with Child Women-Servants gotten with Child by their Masters how to be dealt withal yet have shamelesly claimed the benefit of their Service and on the other side if a Woman got with Child by her Master should be freed from that Service it might probably induce such loose persons to lay all their Bastards to their Masters It is therefore thought fit and acccordingly Enacted That from henceforward each Woman-Servant got with Child by her Master shall after her time by Indenture or Custom is expired be by the Church-Wardens of the Parish where she lived when she was brought to Bed of such Bastard sold for two years and the Tobacco be imployed by the Vestry for the use of the Parish VII An Act compelling VVitnesses Subpoenaed to deliver their Evidence upon Oath VVHereas the Law of the Countrey already made prescribes no way of compelling Witnesses to give in their Evidence upon Oath Refusal of giving Evidence punishable by Imprisonment Be it therefore Enacted That henceforth all Witnesses Subpoenaed to give Evidence in any cause if they refuse to declare it upon Oath shall be committed to Prison and there remain until they declare their Evidence upon Oath VIII An Act concerning Servants being the reputed Father of Bastard-Children VVHereas by the present Law of this Countrey the punishment of a reputed Father of a Bastard-Child is the keeping of the Child and saving the Parish harmless Reputed Fathers of Bastard-Children if Servants how to be dealt withal and if it should happen the reputed Father to be a Servant who can no ways accomplish the penalty of that act Be it therefore Enacted by the Authority aforesaid That where any Bastard-Child is gotten by a Servant the Parish shall take care to keep the Child during the time the reputed Father hath to serve by Indenture or Custom and that after the said reputed Father is Free he shall make Satisfaction to the Parish IX An Act enjoyning the recording all Conveyances made in England in the Secretaries Office VVHereas daily Experience sheweth that many Persons Inhabitants of this Countrey do privily make over their Estates to others in England and by that means defraud all their Creditors in this Countrey of their just Debts Be it therefore Enacted That all Conveyances of any Estates in this Countrey made over to any person in England or Authentique Copies All Conveyances shall be recorded in the Secretaries Office shall be sent over to this Countrey the next Shipping after they are made and be here manifested in the General-Court and recorded in the Secretaries Office or else to
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
present Grand Assembly and the Authority thereof That Pursuit after Run-aways be made at the Charge of the Countrey for effecting whereof any Justice at the instance of the Master or Masters of the Servants run away is hereby required Authorized and Impowered to Issue his Warrant for the pressing of Boat and Hands or other dispatches to make pursuit the Charge whereof shall be defrayed in the next County Levy Pursuit of Run-aways to be made at the charge of the County and in case the said Fugitives should notwithstanding such pursuit make an Escape to any of the Dutch Plantations It is Enacted That Letters be written to the respective Governours of those Plantations to make siezure of all such Fugitive Servants and to return them by the next convenient passage to any of the Collectors of the Rivers the Vessel that brings them is bound to and for satisfaction of their Charges the said Collectors are hereby Authorized to give them his Certificate of the Receipt of his Servant and of the Sum the Charge amounts to which being produced by the said Importer or his Agent to the next Assembly or Committee for the Levy the Sum certified shall be by them raised and paid to the said Importer or his lawful Agent at such place as he shall desire And it is further Enacted That the said Collector shall with as much speed as may be certifie the Master of the said Servant of his having him in Custody The Publick shall be reimbursed for the Charge of their Importation And in case the Master of the said Servant will pay the Charge of his Importation then the said Collector is required to take the Bill of the said Master with security if needful to the use of the Publick and to receive the same when due to the use aforesaid and to deliver such Master or Masters his or their Servant or Servants who shall serve his or their Master or Masters for the time of his or their Absence and Charge disbursed according to a former Act of Assembly in that Case provided but if the said Master or Masters shall refuse to pay the Charge then the said Collector is hereby impowered to sell the said Servant or Servants or hire him or them out for so long time as may re-imburse the Publick disbursment after which time expired the said Servant or Servants shall be returned to his or their Master or Masters and serve him or them the remainder of his or their time and also for the time of his or their being run away in which what he serves for satisfaction of the Publick shall not be accounted And it is further Enacted That if the said Servant or Servants be taken by the pursuit of the County Satisfacti shall be made to the County That the County shall have such satisfaction as the Publick by Hire or Sale of the Servant IX An Act for the half of all Fines to be paid to the Informer WHereas several Penal Acts of Assembly refer the disposal of the fines to the Assembly who ever intended the half thereof to the Informer The half of all Fines whatsoever shall be paid to the Informer yet for better Encouragement of such and better Discovery of those that break and contemn the Law It is thought fit to Enact and be it by these presents Enacted That the half of all Fines incurred by any Person offending against any Penal Law be conferred on the Informer and Discoverer of any such offences X. An Act concerning Foreign Debts VVHereas it was ommitted to be inserted in the Printed Laws of this Countrey that Moneys due in England for any Consideration not imported into this Countrey should not be Pleadable here It is therefore Enacted and Declared No Debts Pleadable in Virginia but for Goods imported thither That the said Act was never repealed but that it hath always been and still doth continue in force and that according to the tenor thereof no Debt whatsoever is Pleadable against any Inhabitant of this Countrey but for Goods imported into this Countrey XI An Act permitting persons under Execution to redeem their Bodies with their Estates SInce the Act for payment of Executions in kind exposed most Men in the Countrey to ruin by the Malice of their two riged Creditors who by that Act might taking the advantage often times when Tobacco or Money the two things most usually obliged for were not in possibility to be procured detain their persons in Prison to the destruction of their Credit Families and Fortunes The Proceedings in case of an Execution for Debt and what relief may be had therein Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof That the said Act as too full of rigour be repealed and that instead thereof it be Enacted That when any person shall be laid under Execution for Debt he shall first make Oath that he hath not directly or indirectly any specifical Tobacco or Money to answer the Debt and then shall tender an Estate to the treble value of the Debt and in case of disability an Inventory of his whole Estate upon Oath to the Creditor who shall have liberty to make choice of any of the Estate so tendred for satisfaction of his Debt which being appraised by Four Men Chosen two by the Creditor and two by the Debtor shall be by the Sheriff delivered to the Creditor and the Debtor be acquitted But if the whole Estate will not satisfie the Debt then the person of the Debtor to remain in Prison and in case of disagreement between the Debtor and the Creditor either in choice of the Estate or Apprizers then it shall be lawful for the next Commissioner to appoint Four indifferent persons to choose appoint and apprize what part of the said Estate shall satisfy the Debt and in case of their Disagreement the said next Commissioner shall be and hereby is impowered to determine the controversie XII An Act concerning a Stint repealed by the 3d. Act. Anno. 1664. XIII An Act respiting the time for Planting Mulberry-Trees which is according to Act. until the last of December Anno 1666. XIV An Act for keeping Holy the 13th of September WHereas it is Evident that certain Mutinous Villains had entered into such a desperate Conspiracy as had brought an inevitable ruin upon the Countrey The Thirteenth of September to be kept Holy had not God in his infinite Mercy prevented it This Grand Assembly to testify their thanks to Almighty God for so miraculous a Preservation Have Enacted That the Thirteenth of September the day when this villainous Plot should have been put into Execution be annually kept Holy to keep the same in a perpetual Commemoration At a Grand Assembly held at JAMES CITY September 20th 1664. I. An Act for the priority of Payment to the Countrey-Creditors WHereas many Persons coming into this Countrey possessed of visible Estates do by that means
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-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
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
are to deliver them to the Sheriffs and the Sheriffs be and hereby are authorized and enjoyned to collect and distrain for the same as in case of Levies and the courts are hereby authorized and impowered to dispose of the Tobaccoes to the best advantage of the country and be accountable to the Grand Assembly for the Uses aforesaid and that this clause of amercements be of force the next court after Publication hereof in each county and so remain until the next Assembly and no longer unless it be thought fit to continue it II. An Act Ascertaining allowances for evidences summoned to the General Court WHereas it hath been Considered that the allowance which the Law hath formerly given to witnesses who are often summoned from remote places to give in evidence at the General Courts is too little thirty pound of Tobacco per diem allowed to witnesses that come 20 miles and upwards to James City 60. pound per diem during their attendance there As also for their attendance and expence in town Be it enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof that thirty pounds of Tobacco per diem be paid to such witnesses as come to James City twenty miles and upwards and that all witnesses have sixty pounds of Tabacco per diem for their expences the time of their attendance there III. An Act prohibitting the Justices of the several County-Courts for Levying Tobaccoes upon the People for their accomodations and expences whilst they are keeping Court. WHereas it hath been Complained of to this Grand Assembly that it hath been the frequent practices of some of the Justices of the several County-Courts of this Countrey at the time of Laying their Levie to assess upon the People of their respective Counties certain summes of Tobacco for the paying and Satisfying their expences and accomodations whilst they are holding Courts and attending thereupon which practice is by the Grand Assembly adjudged illegal be it therefore enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof That no County from henceforth pay or allow for accomodation of the Justices at their County-Courts any Order usuage or Custom to the coâ—trary notwithstanding IV. An Act Commanding such Indians who keepe Hoggs to mark the same WHereas Complaint hath been made that divers the Inhabitants of this Countrey have received mischief by the Indians in their Stock of Hoggs against whom rarely any Legal proof can be produced to discover and Convict them Be it therefore enacted by the Governour Council and Burgesses of his Grand Assembly and the Authority thereof that Indian proof as well as other legal proof shall from henceforth be good against all such Indians to Convict them on the Act against Hoggs stealing The Hoggs of Indians shall be mark'd with a Particular mark signifying to what Town they belong And that those of the Indians who keepe Hoggs do and hereby are enjoyned and required to give such a particular mark for that town where they live as shall be appointed by the adjacent Counties V. An Act Impowering Feem Coverts to make good acknowledgment of Sales of Land WHereas the Legal way in England in passing Estates where the Inheritance in a Feem Covert Is by way of fine and recovery And it being the usual way in this Countrey for many years we having no fines and recoveries that Sales have been made by the Husband and wife of the Inheritance of the wife by Conveyance from them and the said Conveyance acknowledged in the General or County-Courts by the Husband and wife The Wife being first privately examined by the Court whether she acknowledgeth the same freely but there being no Act of Assembly to Authorize the same Be it therefore enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof that all such Sales and acknowledgements All Sales and acknowledgments that are made by Husband and wife to stand good in Law That by Husband and Wife have at any time hertofore been made in manner and form as aforesaid or shall hereafter be made shall be good and effectual against the said Husband and Wife their and every of their heirs and Assignes And against all other Persons Clayming by from or under them or any of them and that to all Intents and purposes As if the same had been done by fine or Recovery or by any other wayes whatsoever At a Grand Assembly held at JAMES CITY the 7th Day of March Anno 1675 6. I. An Act for the Safeguard and defence of the Country against the Indians Vide Act the Anno 1679. II. An Act prohibitting trade with Indians Vide Act the 3 d. Anno 1677. and Act 8. Anno 1680. III. An Act prohibitting the exportation of Corne c. WHereas the Countrys preparation for war in all likelyhood may cause a more then ordinary expence of Provisions It is therefore thought fit it be enacted and it is by the Governour Council and Burgesses of this Grand Assembly and Authority thereof enacted and Ordained that no Corne or other Provision from and after the fifth day of April next shall be exported out of this Colony under the penalty of two hundred pounds of Tobacco for every Barrell of Corne No Corn shall be exported under penalty of paying 200. pound of Tobacco for every Barrel thereof and twice the price of other Provisions and double the price of any other provision to be paid by the party exporting it Provided neverthelesse that it shall and may be Lawfull for those who have already loaden any Corne or Provisions on board and have purchased others to lade the same within the time afore limitted but not afterwards and the same so laden to export without Impeachment any thing in this Act to the Contrary notwithstanding And it is further enacted The terme this Act shall continue in force That this restraint Continue till the last day of July next and no longer unlesse the honourable Governour think fit to Continue the Restraint At a Grand Assembly held at JAMES CITY the fifth of June Anno 1676. ALL the Acts and Orders of this Assembly are Repealed made Void and Null by His most Sacred Majesties Instructions and Proclamation And also by the fourth Act of Assembly bearing date at Green-Spring the twentieth of February Anno 1676 7. At a Grand Assembly begun at Green-Spring the Twentieth of February Anno 1676 7. I An Act of Indemnity and free Pardon Repealed by his Excellencies Proclamation Anno 1680. II. An Act of Attainder Repealed by his Excellencies Proclamation Anno 1680. III. An Act inflicting Pains Penalties and Fines upon great Offenders Repealed by his Excellencies Proclamation Anno 1680. IV. An Act Declaring all the Acts Orders and Proceedings of a Grand Assembly held at James City in the Month of June 1676. Void Null and Repealed WHereas Nathaniel Bacon the younger in the Month
Provisions goods or Merchandize whatsoever without sufficient Warrant and that such Warrant be shewed to such Person from whom they are about to impress such Sloops Boats c. and that whosoever shall by vertue of a Legal Warrant impress any Sloop-Boat Shallop or Vessel shall thereby have power to cause two men of the ablest of the Neighbourhood to view and appraise such Vessel in the best of their Judgment Things Impressed shall be appraised by two men of the Neighborhood to the full vallue and also to ascertain the vallue of the hire thereof either by the day or by the Month and that Instruments or Writings be drawn intimating the vallue and also the price of the hire by the day or by the Month of which a Duplicate to be drawn the one of which to remain with the appraisers and the other part with the Owner or Owners of such Sloop-Boat c. and such Owner to bring such Instrument or Writing to the next County-court where if such Sloop Boat c. were imprest for the use of that County then to be paid out of the County Levy according to the Tenor of the Writing or Instrument but if the same were impressed for the use of the Publick then the County-court is to return Certificate of such writing or Instrument to the next Assembly where Satisfaction shall be made according to the Tenor of the said writing or Instrument but if it shall happen that such Sloop Boat c. shall be cast away or lost in the Service that then the Owner of such Sloop Boat Vessel Horses c. shall be at his choice whether he will have the vallue according to appraisement And the wages for the hire thereof ascertained or the wages ascertained in the writing which the publick or County must see punctually paid and if it shall happen that the publick or County shall have occasion to impress Provisions of what Nature or kind soever the impressor is likewise impowered to cause two men of the ablest of the Neighbourhood to appraise the same and return a note Certifying the quantity and price to the next County-court where if imprest for the Counties use to be paid out of the County Levy and if for the publick use the County-court to return an account thereof to the next Assembly where full Satisfaction shall be made according to the appraisement and if the County or Publick shall impress any man that he be paid if betwixt the tenth of September and the tenth of March Wages allowed men impressed for the County or publick Service ten pounds of Tobacco per day and if betwixt the tenth of March and the tenth of September fifteen pounds of Tobacco per day for the first ten days and if he shall be continued in such Imployment more then ten days at a time then for all such time as he shall serve above ten days between September and March after the rate of two hundred pounds of Tobacco per Month and betwixt March and September after the rate of three hundred pound of Tobacco per Month and if any Horse or Horses be imprest by the publick or County Rates allowed for Horses impressed the Owner or Owners of such Horses shall receive fifteen pounds of Tobacco per day for the first Twenty days and if he be continued longer then twenty days then for all the time he shall be imployed over and above the twenty dayes after the rate of ten pounds of Tobacco per day and before the Impressor shall take such Horse or Horses impress away he shall first bring two able honest men of the Neighbourhood to appraise the said Horse or Horses and a writing shall be drawn and signed intimating the vallue and if such Horse or Horses be killed in the Service or otherways lost it shall be at the choice of the Owner of such Horse or Horses to receive the vallue as appraised or the wages for hire if for the use of the County to be paid by the County if for the use of the publick to be punctually paid upon returning Certificate from the County-court as in case of Sloops and in case any person or persons shall notwithstanding this Law presume to impress and carry away any Sloop-Boat or other Vessel or any Cart Horse Arms Provisions or any other matter or thing whatsoever contrary to the true intent and meaning thereof shall be fined and amerced double the vallue of any such Sloop-Boat c. Horses Arms Provisions or any other matter or thing so by him Impressed and taken away to the use of the Owner or Owners of such Goods to be recovered by Action of Trespass in any Court of Judicature in this Colony IX An Act for setling the Form of Pattents MR. Secretary Ludwell having presented a new Form of a Patent exactly agreeing with the new and late Charter under the Broad Seal of England in these following words To all to whom c. I c. send c. Whereas His Most Sacred Majesty hath been graciously pleased by his Royal Letters Patents under the Great Seal of England hearing Date at VVestminster the tenth day of October in the twenty eighth year of his Reign amongst other things in his said Letters Patents contained to continue and confirm the Antient Priviledges and Power of granting fifty Acres of Land for every person imported into this his Majesties Colony of Virginia now know ye that I the said c. do with the consent of the Council of State accordingly give and grant unto A. B. c. Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof and it is hereby Enacted That all Patents shall be drawn henceforward in the abovesaid Form and words to the end they may be firm sure and valid in Law X. An Act ascertaining Coroners-Fees FOr as much as some doubts have arisen concerning Coroners Fees in this Colony and it being necessary to declare by a Law what the same shall be Be it therefore Enacted by the Governour Council and Burgesses of this present Grand Assembly Thirteen shillings and four-pence or 30 and one hundred three pounds of Tobacco the Coroners Fee and the Authority thereof and it is hereby Enacted that a Fee for a Coroners-Inquest be thirteen shillings and four-pence according to the allowance in England in such Cases or one hundred thirty three pounds of Tobacco and Cask at the choice of the Coroners to be paid out of the Estate of the person Deceased In Counties where there is no Corner a Justice of Peace shall perform his Office and receive the Fee aforesaid if such there be and for want of such Estate by the County where the Party causing the Inquest shall dye and where there is no Coroner in the County that the Justice of Peace doing the Office shall have the Fee XI An Act declaring the year 1676. to be out of the Statute of Limitations FOr as much
least three or four Horses at a time and that the Commander in chief of each Respective Garrison be and he is hereby enabled to procure and bargain for such Boats and Oares to be accordingly paid for by the publick upon his Certificate of the price thereof a Boat and Oares for Mattapony Garison being already promised to be provided by Colonel John West And be it further enacted by this present Grand Assembly and the Authority thereof and it is hereby enacted that four of the Neighbouring Indians to each Garrison shall be commanded by the Commander in chief thereof Four of the Neighbouring Indians to each Garrison shall attend there to be alwayes attending at each Garrison and because there is no Neighbour Indians on Virginia side residing near the Garison in Potomack River the Commander in chief of that Garrison is hereby impowered and requested to hire four of the Matteoman-Indians in Mary Land for the service of that Garrison And to avoid all mistakes and harms that may ensue by being unacquainted with our Neighbour and Friendly Indians and to the end we may the better know them from our enemies in our Ranging and Marches be it enacted by this present Grand Assembly and the Authority thereof That all and every Indian Town have speedy notice that if at any time any of them or any of their Friends that may Repair to their Towns shall happen to meet with any of our Souldiers ranging in the Woods or shall come near any of our Plantations or People in any place or places whatsoever that they must not fly hide themselves or make any Opposition and that if they do they may be proceeded against with all manner of Hostility as enemies but if they shall stand peaceably and discourse the English and give true account who and what they are and upon their near approaches lay down their Arms that then they shall be civilly treated and no harm shall be done or offered to them And forasmuch as the said Garrisons may not be at any time left destitute of sufficient defence against any enemy that shall or may attempt the same Be it enacted Ammunition to be kept in the Garrisons for store that ten long Guns or Muskets be provided with one Barrel of Gunpowder and leaden shot or Bullet proportionable thereto for each Garrison to be kept in the Store-house belonging to it for a Reserve and Defence for the same and that the charge of such Armes powder or bullet if the same cannot be procured from his Majesties store be paid for and defrayed by the Publick And to the end that the Eastern Shore may not be altogether left without defence against the enemy if any shall attempt thereon or any Suspition of such attempts shall arise among the Inhabitants there be it enacted by this present Grand Assembly and the Authority thereof and it is hereby enacted that the Inhabitants on the Eastern Shore may have and it is hereby declared that they have the same Liberty to make Garrisons and raise Souldiers in manner and form as is allowed to the several Counties on the Western Shoar or to raise or imploy their Souldiers in Ranging as they find Occasion And be it further enacted by this present Grand Assembly and the Authority thereof and it is hereby Enacted that the several Associations on the South-side James-River shall and may as they see Occasion erect like Houses and Garrisons as is at the heads of the other great Rivers towards which they shall be equally allowed by the publick with the other Garrisons before mentioned and such Officers as are imployed in ranging either on the Eastern Shore on the South-side of James-River to be paid for the time of their Service by the Publick equally with other Officers at the Garrisons And for the better Encouragement and more orderly Government of the Souldiers What Indian Prisoners or plunder the soldiers take shall be free purchase that what Indian-Prisoners or Plunders shall be taken in War shall be free purchase to the Souldier taking the same and where any difference shall happen among the Souldiers in such or like matters the same to be adjudged decided and determined by their Respective chief Commander and all such Souldiers as shall be maimed or disabled in the Service have an annual Pension allowed them by the Publick at the Discretion of the Assembly Souldiers maimed or disabled in Service shall have an Annual pension and that the Articles of War be published and practiced as is directed in the Act of Assembly made in the year 1675. II. An Additional Act for the better Preventing stealing of Hogs WHereas notwithstanding the former Law against Hog-stealing the same is dayly practised to the great damage of the Inhabitants of this Countrey for prevention whereof Be it enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof and it is hereby enacted that this following Addition be made to the former Law viz. That for the first Offence of Hog-stealing whereof any person shall be convict the party shall be adjudged according to the said Law and if any Person having been once Convict of Hog-stealing Persons the second time convict of stealing Hogs shall stand in the Pillory with their Ears nailed thereto shall a second time be convict thereof then for such his default he shall stand two hours in the Pillory and have both his ears nailed thereto and at the Expiration of the said two hours have his Ears cut loose from the Nailes which Penalty and Punishment shall be adjudged and inflicted against and upon the Offendor by any County-court in Virginia any Law to the contrary notwithstanding And the third time shall be prosecuted as Felons and whosoever shall be taken a third time stealing of Hogs that then he be tryed by the Laws of England as in case of Felony III. An Additional and Declaratory Law Impowering County-Courts to make By-Laws VVHereas there is great necessities oftentimes of particular Counties to make By-Laws proper only to themselves and the former Act of Assembly to that purpose being too general and consequently not so easy to be put in practice Be it therefore Enacted by the Governour Council and Burgess of this Grand Assembly and the Authority thereof and it is hereby Enacted that for the future two men be made choice of Two men shall be chosen in each Parish by the Freeholders and House-keepers to sit with the Justices in County-Courts for making of By-Laws in each Parish by the Major Votes of the Freeholders and Housekeepers in the said Parish At such time and place as by the County-courts shall be appointed which two so chosen as aforesaid shall be Returned by the Church Wardens and shall sit in the several County-Courts and have their equal Votes with the several Justices for the making of By-Laws and where the County shall consist of one Parish only there four men shall be chosen
and chief Magistrates of the said Colony raising false and Scandalous Reports without which our good Subjects there could not have been so easily led away which cannot but tend to the future Disturbance of the Peace and Welfare thereof if not timely prevented by Inflicting Punishments proportionate to the greatness of the Crime Be it therefore enacted by the authority aforesaid that whosoever shall after the passing of this Act maliciously and advisedly by writing speaking or otherwise express publish utter or declare any Words Sentences or other thing or things to incite or stir up the People to the dislike of any Person appointed by his Majeâ—â—y to be Governour or Commander in chief of the said Colony Any Person who shall either by words or writing defame the Governour shall suffer a years Imprisonment without Bail c. or tending to the dishonour or defaming of the said Governour or Commander in chief for the time being and being thereof legally convicted shall be imprisoned during one year without Bail or Mainprize and incur such Forfeitures as shall be adjudged not exceeding the sum of five hundred pounds to the Kings most Excellent Majesty his Heirs and Sucessors And it is in like manner Enacted that whosoever shall maliciously and advisedly by writing speaking or otherwise express publish utter and declare any words Sentences or other things to incite or stir up the People to the dislike of his Majesties Councellors Judges or other principal Officers within the said Colony tending to the dishonour or defaming of the said Councellors Judges or other principal Officers and being thereof Lawfully convicted shall be imprisoned during three Months without Baile or Mainprize and incur such Forfeiture as shall be adjudged not exceeding the sum of one hundred pounds to the Kings most Excellent Majesty his Heirs and Successors any Act or Acts Order or Orders to the contrary in any wise notwithstanding II. An Act for Naturalization WHereas nothing can contribute more to the speedy setling and peopling of this his Majesties Colony of Virginia then that all possible encouragement should be given to persons of different Nations to Transport themselves hither with their Families and Stocks for to settle plant or Reside by investing them with all the Rights and Priviledges of any of his Majesties natural Free-born Subjects within the said Colony Be it therefore Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the authority aforesaid that it shall and may be lawful for the Governour or Commander in chief for the time being or any of his Successors Governours of this Colony by a publick Instrument under the broad Seal thereof to declare any Alien or Aliens Forreigner or Forreigners being already setled or Inhabitants of this his Majesties Colony or such as shall hereafter come for to settle The Governor may naturalize such Forreigners as shall seat themselves in this Colony plant or reside in it and having taken the Oath of Alleigance before the Governour or commander in chief for the time being to be to all intents and purposes fully and compleatly naturalized and the said Persons so approved of and named in the said Letters Pattents as aforesaid shall by vertue of this Act have and enjoy to them and their Heirs the same Immunities and Rights of and unto the Laws and Priviledges of this Colony and as fully and amply as any other of his Majesties Natural born Subjects have or enjoy within the same as if they themselves had been born within any of his Majesties Realms or Dominions any former Law Act Ordinance usuage or custom to the contrary in any wise notwithstanding And to the intent the said Letters Patent and instrument under the Broad Seal of this Colony as aforesaid may be obtained without any great difficulty or charge be it further enacted that the Governour or Commander in chief shall have and receive for the same forty Shillings and his Clerk for writing of it ten Shillings and no more and whereas several Aliens and Forreigners that have formerly transported themselves to this his Majesties Colony and have taken up and Patented in their own Name several Parcels of Land or otherwise made purchase of Lands Houses Tenements or other real interest and have afterwards sold the same to some of his Majesties Leige People or Inhabitants of this Colony It is therefore hereby Enacted and Ordained by the authority aforesaid that all such person or persons that shall have so bought of any Alien or Aliens any Lands Houses or Tâ—nements be secured and by vertue of this present Act for ever confirmed in the quiet and peaceable Possession of the said Purchases unto them and their Heirs for ever any former Law Usuage or Custom to the contrary in any wise notwithstanding Provided that nothing in this Act contained shall be construed to enable or give power or Priviledge to any Forreigner to do or execute any matter or thing which by any of the Acts made in England concerning his Majesties Plantations he is disabled to do or execute III. An Act for raising a Publick Revenue for the better Support of the Government of this his Majesties Colony of Virginia WHereas there is a great and continual charge Required for the Maintenance of the Governour and several other Officers and Persons as also for the Fort and Fortifications besides many other contingent expences absolutely necessary for the Support of the Government of this Colony Be it therefore enacted and it is hereby enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly that for every Hogshead of Tobacco that shall at any time hereafter be exported out of this Colony by Land or water to any other place whatsoever Two Shillings to be paid for every Hogshead of Tobacco exported there shall be paid by the Exporter two Shillings of currant money of England as also for every five hundred pounds of Tobacco exported in Bulk or otherwise and so proportionable for a greater or lesser quantity the same to be to the Kings most Excellent Majesty his Heirs and Successors for ever to and for the better Support of the Government of this his Majesties Colony of Virginia in such manner as is herein before exprest and to and for no other use intent and purpose whatsoever And be it further Enacted by the Authority aforesaid that all Ships or vessels whatsoever coming to this Colony or any part thereof shall Respectively pay for every Tun such Ships or vessel shall contain one half pound of good and new Gunpowder and three pounds of Leaden Shot or one Shilling three pence Sterling in lieu thereof as also Sixpence per Poll for every person imported not being actually a Marriner in pay All Ships or Vessels whatever coming to this Colony shall pay ½ al. of Powder and 3 l. of Shot or 1 s. 3 d. money in Lieu thereof the same to be
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
time Servants coming in without Indentures shall serve Page 146. An Act concerning Servants sold for the Custom Page 180. Seizure Seizures of Tobaccoes due to the Publick regulated Page 203. No Seizure shall be made of Tobacco while in the County-Warehouse for Publick County or Parish Levies Page 265. Siezure to be made of Iron Wooll Hides c. shipped for exportation Page 288. Shooting No person shall Shoot or Range upon anothers Land without leave of the Proprietor Page 54. Shooting off Guns at Drinkings or Marriages forbidden Page 85. Shoes Rates to be allowed for Shoes Page 82. Sheriffs Sheriffs to Impannel Juries Page 20. One of the Commissioners of each County shall be chosen Sheriff thereof Page 34. Sheriffs shall hold their Office the term of One whole Year and no longer ibid. Under Sheriff ibid. Sheriffs not making timely Returns fined 1000 l. of Tobacco Page 35. Sheriffs Return of â—a Non Est Inventus Page 36. Sheriffs shall give Security to the County Commissioners for the faithful discharge of their Office Page 45. Sheriffs Fees Page 103. The Penalty of Sheriffs making false Returns Page 105. Sheriffs neglecting to take Bail or consenting to the Escape of the Prisoner shall pay the Award of the Court and be fined 1000 l. of Tobacco Page 154. Sheriffs to be fined for concealing Tythables Page 219. Ships and Vessels Fifty Pounds of Tobacco per Tun allowed by the Publick for all Vessels built in this Collony Page 81. Masters of Ships shall take in Four Months Provision Page 89. Shall give sufficient Allowance of Diet to Passengers and take care that Poor Servants have good Lodging ibid. Masters of Ships shall give an Account of their Freight upon Oath to the Collectors of the Imposition of 2 s. per Hogshead Page 91. Masters of Ships concealing any part of their Freight fined 100 l. Sterling ibid. Masters shall give an Account of the Burthen of their Vessels and a List of their Passengers to the Collectors of Castle Duties Page 94. Ships arriving in James River shall be brought up to James City Page 95. Such Vessels as belong solely and wholly to the Inhabitants of this Collony freed from payment of the 2 s. and 10 s. per Hogshead Page 96. Ships permitted to ride in any part of the River where they may most conveniently unload Page 158. What Fees shall be taken for Vessels built in Virginia and belonging wholly to the Inhabitants thereof Page 201. An Act ascertaining Collectors Fees for Entring and Cleering Ships Page 240. All Ships or Vessels whatever coming to this Collony shall for every Tun Burthen pay half a Pound of Powder and Three Pound of Shot or 1 s. 3 d. Money in lieu thereof Page 255. Six pence per Poll payable for all persons Imported Mariners excepted ibid. Silk Fifty Pound of Tobacco allowed by the Publick for every pound of Wound Silk Page 80. Encouragement to make Silk Page 164. Slaves Slaves Resisting when corrected if they chance to be killed their death shall not be accounted Felony Page 161. All Servants Imported not being Christians shall be Slaves during life Page 172. But those that come by Land for a time limited ibid. Store-houses Fifty Acres of Land in each County shall be set a-part to Erect Store-houses upon for the use of the said County Page 261. Places appointed in each County where they shall be built ibid. What Price the County shall pay for the said 50 Acres of Land Page 262. Encouragement to such as will build a Dwelling-House on the aforesaid Land ibid. The Surveyors of the said Land shhll be paid by the Publick Page 263. All Tobaccoes and other Goods and Merchandizes whatever of the growth of this Collony to be Exported shall be brought to the County Ware-houses ibid. Goods Imported shall be landed and sold there ibid. Persons dwelling in the said appointed places have liberty to sell their Tobaccoes at any time Page 266. Sunday to be kept holy 6. Divine Service and Preaching shall he diligently attended ibid. Suits What Damages are allowed in case of Litigious Suits Page 170 Supersedeas Shall be granted only by the Governour and two of the Council Page 32. Surveyors of Land What Prices shall be allowed to Surveyors of Land Page 57. No Surveyor shall give a Plot of any Land surveyed by him till six Months after the drawing thereof Page 58 Surveyors Fees ascertained Page 145. The Fees formerly allowed to Surveyors doubled ibid. Surveyors refusing to measure Land at the Rates appointed to be fined ibid. Swamps and Marshes Who may take up Swamps and Marshes Page 183. The Method to be followed therein Page 184. T A Tann-house to be Erected Page 81. Timber An Act restraining the Impress of Timber Page 221. Persons empowered to impress Timber shall first make Composition or Agreement with the Owners thereof Page 222. Two Men of the Neighbourhood shall value Timber to be impressed for Publick service in case the Owner be unreasonable in his Demands ibid. Tythables How the Lists thereof shall be taken Page 40. Each County shall be divided into several Precincts for the more exact discovery of Tythables ibid. Tâ—â—bâ— Duties shall be paid for every Tythable person concealed ibid. What Persons are Tythable Page 41. Who are liable to the payment of Taxes and who are exempted ibid. Women Servants working in the Ground Tythable Page 111. An Act for the more exact Discovery of concealed Tythables Page 121. Masters of Families fined who shall conceal Tythables in their Families ibid. Lists of Tythables shall be put up at the Court Dâ—â—r Page 168. Persons appointed by the County Courts shall take Lists of Tythables Page 178. An Act allowing Free Tythables to divers persons repealed Page 205. Every Forty Tythables shall be assessed to fit and set forth One Horseman well Armed Page 230. Provision to be allowed such Man and his Horse for four Months Page 231. The Militia Officers of each County to proportion a division of the Tythables in their said Counties ibid. Negro-Children imported shall not be accounted Tythable till Twelve years of Age Page 269. Christian Servants imported shall not be Tythable till Fourteen years of Age Page 270. Tobacco Tobacco due shall be demanded betwixt the Tenth of October and the last of January Page 62. No Tobacco to be planted after the Second of July Page 78. No Seconds or Slips ibid. Ground-leaves of Tobacco shall not be Packed up for Sale ibid. The Inhabitants of Northumberland and Westmorland-Counties shall give an account how many Hogsheads of Tobacco they made and to whom sold Page 92. Creditors to demand and receive their Tobacco by the last of January Page 138. Difference between the Debtor and Creditor whether the Tobacco tendered be Merchantable or no to be decided by an Umpire ibid. The marking of Tobacco alone declared to be sufficient for transferring the property thereof Page 159. An Act limiting times for receipt and payment of publick Tobaccoes Page 202. The Inhabitants of Potomack River and the Eastern Shoar permitted to ship their Tobacco without Certificate Page 240. An Act prohibiting the Importation of Tobacco into this Collony Page 242. Two Shillings to be paid for every Hogshead of Tobacco exported Page 254. Tobaccoes during their Transporting unto and so long as they continue in the County-Warehouses are exempt from any Execution or Attachment for Debts contracted before the making of this Act Page 265. Trade Free-Trade Page 83. Trade permitted with the Indians ibid. But not for Beavor Otter or any ether Furs without Commission ibid. An Act for encouragement of Trade and Manufacture Page 260. Treason Nath. Bacon Junior attainted of High-Treason Page 248. Trespass Satisfaction in case of Trespass Page 59. Damages allowed for Trespass Page 167. V. Vagabonds AN Act for suppressing them Page 181. The Laws of England to be put in Execution against Idle and Vagrant Persons ibid. Vestries appointed Page 3. The Vestry to consist of Twelve Men chose by the major part of the Parishoners ibid. Such as come on the Vestry shall take the Oaths of Allegiance and Supremacy Page 4. Vestries shall take care of the High-Ways Page 61. W. High-Ways THe Justices shall yearly appoint Surveyors of the High-Ways Page 91. High-Ways shall be kept clear and Bridges in good repair ibid. Penalty of Felling Trees on the High-Ways or encroaching upon the same ibid. Warrants At what time Warrants are to be served Page 17. Constables shall obey Commissioners Warrants Page 170. A Weaver To be provided and Loom set up in each County within Two years Page 145. Weights and Measures English Weights and Measures shall be used in this Collony Page 47. Every County shall be provided with Weights and Measures from England ibid. Widows Widow to have one Third of the Estate Debts being first paid the other Two Thirds to be divided amongst the Children Page 49. Estates of persons dying Intestate to be divided into Thirds and the Widow to have her Thirds and choice after the Division Page 129. Widows shall be endowed with a Third part of Estates Real Page 185. Witnesses The Non-appearance of Witnesses finable in case of a Dedimus Potestatem Page 25. Charges allowed to Witnesses ibid. Number of Witnesses limited Page 26. Witnesses Subpoena'd to give their Evidence upon Oath Page 108. Refusal to give Evidence punishable by Imprisonment ibid. Witnesses allowed 30 l. of Tobacco per Diem if they come 20 Miles or upwards to James City Page 193. And Sixty Pound of Tobacco per Diem for their Expences during their Attendance there ibid. Witnesses shall be free from Arrests Page 295. Woolves The Reward for killing of Woolves Page 44. To be paid by the County ibid. County Courts shall make By Laws for Rewarding the killing of Woolves Page 146. The Act encouraging the killing of Woolves Repealed Page 171. Particular Counties Authorized to make By-Laws for the kilâ—â—ng of Woolves Page 210. Wooll Shall not be Exported upon Penalty of Forfeiture Page 285. Woollen Vide Cloth FINIS
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