signed by the Secretary which shall remain upon File in the Office for the full justification of the Clerk who is to enter them in the Book of Records XXII The Plaintiff to File his Declaration Three days before the day of Hearing Declarations to be filed three days at least before Pleading ANd whereas the Clerk is enjoyned to enter Twenty Actions for each day and the Court to sit at certain hours so also it is hereby Enacted That the Plantiff File his Declaration in the Office at least three days before the day of Hearing in which time the Defendant may take a Copy thereof the Original still remaining in the Office and provide his Answer in writing ready to present to the Governour and Council at the day of Hearing And further That if the Plantiff fail either in not appearing to prosecute or in neglecting to File his Declaration as is hereby enjoyned he shall pay to the Defendant if he lived within Fifty miles of James City The Penalty of a Default One hundred and Fifty pounds of Tobacco for a Non-suit and if he dwell further off then Three hundred and Fifty pounds of Tobacco besides his Amercement to the Publick And if the Defendant make default the Judgment to pass against the Bail for the thing sued for or if no Bail be returned then against the Sheriff besides his Amercement of One thousand pounds of Tobacco laid upon him by Act for not making Returns Provided that the Bail and Sheriff have respite of Execution until the next Court when if they bring in the person of the Party the Judgment of the first Court granted to be reversed but the Amercement awarded against the Sheriff to continue and not be remitted XXIII Adjournment to the two last days for Determination of References by Avisare Volumus or Actions entred in Court time ANd whereas this Act enjoyns the proportioning so many Actions to a day but gives liberty to Arrest in Court time to the last days of the Court and whereas some Cases of Difficulty may be presented Adjournment to the two last days for determination oâ— References by Avisare Volumus upon which the Court may desire to advise Be it therefore Enacted That as soon as the Court hath sat so many days as are filled with Actions it shall be Adjourned to the two last days of that Court and whatever the Court hath referred by their Avisare Volumus and all Actions entred in Court time as aforesaid shall be then tried and determined XXIV Criminal Causes to be tried at the General Court Crimminal causes to be Tried only at General Courts and on the Fourth day WHereas men of the greatest Abilities both of Judgement and Integrity do usually meet at the General Courts whither their Ocasions do frequently call them and because any thing that concerneth Life or Limb requires the ablest Juries to enquire of it Be it Enacted That all Criminal Causes that concern either Life or Member shall be tried at the General Courts only the Fourth day of the said Courts Juries to be Chosen out of the Neighbour-hood And because the Laws of England do enjoyn Juries to be chosen out of the Neighbour-hood where the Fact was committed according to which the remoteness of our Habitations doth not admit us so fully to practice as we desire yet that we may come to them as near as possible we may and because it is very requisite that part of the Jury at least should come from thence who by reason of their nearer acquaintance with the business may give information of divers Circumstances to the rest of the Jury Be it therefore Enacted That immediately after the commitment of any person found Criminal by the Grand Inquest The manner of proceeding by Juries in Cases Criminal the Sheriff of the County to whose Custody he is committed shall give notice thereof to the Secretaries Office at James City and the Clerk of that Office shall presently send a Venire Facias to the said Sheriff to impannel Six men of the ablest and nearest of the Inhabitants of his County Sheriffs to Impanel Juries to that place where the Fact was committed to be of the Jury for Trial of that Cause returnable the said Fourth day of the next General Court where the said Jury-men are bound to appear What Allowance Jury-men shall have for their Charges and for their Charges the Countrey shall allow to each Man Twenty pounds of Tobacco per day for each day they may be reasonably coming to and returning from James City and Fifty pounds of Tobacco per day during their Attendance there about it Viz. from the day they are by the Writ to appear until they be discharged and that the rest of the Jury be made up of the By-standers XXV The Governour and Two of the Council to go the Circuit VVHereas the Honourable Governour out of his singular care of his due Administration of Justice in all Courts and that he might be the better enabled to render his Majesty an exact account of the Government hath been pleased to take upon him and the Council the pains of Visiting all the County Courts of the Countrey Be it therefore Enacted That the Honourable Governour and one of the Council or upon the urgent Affairs of the Countrey hindering the Governour The Governour or Two of the Council wh m he shall Commissionate to go the Circuit yearly that the Governour commissionate too of the Council for every River yearly in August to set Judges in all the County Courts and there hear and determine all Causes then depending in them by Action or Reference from any other preceeding Court in that County Provided no Councellor be appointed to go the Circuit in the River wherein he doth inhabit XXVI Appeals how to be made VVHereas many appeals are made from County Courts to General Courts and from General Courts to Assemblies whereby the speedy Execution of Justice is often retarded and many persons disabled by the Charge of going to James City to prosecute are forced many times to desist from the Claim of their just Rights Be it therefore Enacted Appeals from County Courts how to be made and to whom That for the avoiding Delays and for the ease of the Inhabitants all Appeals made in any Court after the General Court in March be referred to the Hearing of the Governour or Itenerary Councils in their Circuit from whose Sentence there if any person will appeal if the Governour be present shall be made to the next Assembly if two of the Council then to the next General Court from which the said Councellors during the Trial of such Cause or Causes in which they had at the County Courts given their Opinions shall be suspended but because in the Winter time the General Courts are more frequent and all Causes there receive a speedier determination and because Tobacco being only then payable may be paid in kind
herein particularly named and expressed And be it further Enacted by the Authority aforesaid that all and every such person and persons their and every of their Heirs Executors and Administrators except as hereafter excepted that were actually engaged in Aiding Acting or Advising Assisting Abetting or Councelling the said Rebellon shall have and enjoy all and every their Lands Tenements Hereditaments Goods and Chattels whatsoever forfeited to his Majesty his Heirs and Successors for any of the Crimes aforesaid in the same manner and as freely to all intents and purposes as if they had not been forfeited yet so that they and every of them and their Estates Real and personal shall be subject and lyable to pay all and singular their just Debts in the same manner as if they had committed no Rebellion Crimes or Offences except and always foreprized out of this Act the above-named Nathaniel Bacon Junior the principle contriver beginner and maintainer of the said Rebellion who having taken up Arms under pretence of an Indian War assumed unto himself the Title of General and did afterwards chace away the then Governour there rob kill and continue to destroy several other of his Majesties Loyal Subjects that refused to take the detestable Oaths imposed by the said Bacon until it pleased the Almighty to send him the said Bacon an infamous and exemplary death whereby he hath escaped the punishment in this world so justly due to his person Be it therefore Enacted Nathaniel Bacon Junior Attainted of High-Treason and it is hereby Enacted by the Authority aforesaid that the said Nathaniel Bacon Junior shall be by vertue of this Act and is hereby adjudged to be convicted and attainted of High-Treason to all intents and purposes as if he had been convict or attainted thereof by due course of Law in his life time and that all the Estate Real and Personal whereof he was seized or possessed upon the fifth day of June 1676. or at any time after within the Colony of Virginia shall be forfeited to the Kings Majesty his Heirs and Successors and is hereby declared to be vested in His Majesty his Heirs and Successors without any Office or Inquisition thereof to be hereafter taken or found Provided always and be it Enacted that this Act nor any thing therein contained shall extend to Pardon discharge or give any other benefit whatsoever unto Giles Bland Anthony Arnold Richard Turner Richard Pomfrey John Isles Robert Stokes John Whitson and William Scarbrough alias Scarburgh who were all legally Convicted Attainted and Executed for their Horrid Treasons Persons excluded from the benefit of the Act of Indemnity and Rebellions or to Richard Lawrence who fired James City and is since fled notwithstanding his Majesties gracious Proclamation but that the persons last aforesaid and their Estates are out of this Act wholly excepted and foreprized Provided also and it is hereby Enacted by the Authority aforesaid that if Joseph Ingram Gregory Walklate Thomas Whaley John Forth and John Longolon shall at any time after the passing this Act accept or exercise any Office or Publick employment whatsoever within the said Colony of Virginia that then such of them as do so accept or exercise as aforesaid shall to all intents and purposes stand as if he or they had been totally excepted by name out of this Act. And whereas many of his Majesties Loyal Subjects cannot but be very great sufferers by the Spoiles and Rapines committed during the late Rebellion to the intent that they may have as much Relief therein as may possibly stand with the quiet of the Country as also for the avoiding and determining the endless Suits and Prosecutions which must necessarily ensue if care be not taken to prevent the same Provision made for Relief of such as were sufferers by the late Rebellion It is hereby further Enacted by the Authority aforesaid that as to any wrong or injury which hath been committed by any person or persons at any time between the first day of May and the sixteenth day of January 1676. whereby the Goods or Commodities of any his Majesties Subjects in Virginia have been destroyed or spoiled or have been impaired or made worse and for which no Judgment hath been actually obtained before the 25th day of April 1679. on the one and thirtieth year of his Majesties Reign no account suit Process or satisfaction be at any time hereafter required prosecuted made or given for the same from or against any person or persons whatsoever Provided always that where the Goods of any of his Majesties Subjects not actually engaged in the said Rebellion or being aiding or assisting to the same have been wrongfully taken away between the said first day of May and the said sixteenth day of January and shall be found in the possession of any other person or persons it shall and may be lawful for the Owner or Owners of such Goods or Commodities his or their Executors or Administrators to take sue for and recover the same by all legal means any thing in this Act contained or any other Laws Acts or Statutes to the contrary notwithstanding Provided always that no further Punishment Satisfaction or Damages shall be Recovered or Inflicted on any Christian Servants that have â—eserted their Masters or been active in the late Rebellion then that time incurring between the said first day of May and the said sixteenth day of January shall be accounted no part of their time of Service And be it further Enacted by the authority aforesaid that no Verdict Judgment and Indictment Informations Decrees Sentences Probats of Wills Administrations Writs or Actings on or return of Writs Orders or other Proceedings whatsoever in Law and Equity had made given taken or done or depending in any Courts whatsoever or before any Judges within the said Colony of Virginia nor any Actings Process Proceedings or Executions thereupon had made given done or suffered before the passing of this Act within our said Colony shall be avoided for or by Reason that the Premisses or any of them were commenced prosecuted had made held or done by or before any Person pretending and assuming the Name Title Authority and Dignity of Governour of the said Colony though he were not legally so or before any Person or Persons pretending and assuming the name Title and Authority of Councellors in the said Colony though not legally so but that all and every such Verdicts Judgments and other things above mentioned and the actings doings and Proceedings thereupon shall be of such and of no other Force Effect and vallue then as if such Person so Assuming the name Title Authority and Dignity of Governour had been legally Commissioned by his Majesty thereunto and as if such Person or Persons pretending the name Title and authority of Councellor there had been legally authorized thereunto And whereas during the Licentiousness of the late times several ill disposed Persons took upon them to asperse the Government and defame the Governour
Appeals when they shall be made to the General Court It is Enacted That all Appeals made from October December and other intervening County Courts be made to the next succeeding General Court and from thence to the Assembly and because there may be as great Errors of Judgement or Will in matters of small value as in the greatest It is further Enacted That Appeals shall lie open as aforesaid for any thing of what value soever Always provided That the Appellant put in good Security for Prosecuting the Appeal and payment of Fifty per Cent. Damages to the Defendant if the Appellant be cast in the Suit for his unjust molestation Proviso's in ease of Appeals Provided also That no Appeals be made from Northampton County whose remoteness and dangerousness of passage is such as is not for inconsiderable Causes to be attempted under the value limited by former Acts of Assembly In whaâ— Cases only Appâ—als are to be mâ—â—â— from Nâ—â—â—hâ—mpton County being Three thousand pounds of Tobacco or Thirty pound Sterling any thing in this Act to the contrary notwithstanding And be it further Enacted That all Causes of what Value or Nature soever not touching Life or Member may be tried at the County Courts and that no Arrest be made to the General Court in any Action under the value of Sixteen hundred pound of Tobacco No Appeals from County Courts to the General Court save only in Cases Criminal or Sixteen pounds Sterling upon penalty of Five hundred pound of Tobacco to be paid by the Plantiff to the Defendant for his Charges XXVII Amerciaments in the General Courts Fifty Pound of Tobacco per Cause in County Courts Thirty per Cause WHereas many Suits are raised upon frivolous occasions by Litigous persons for prevention thereof for the future be it Enacted and Confirmed That all persons whatsoever that are cast in any Cause be they Plantiffs or Defendants Amerciaments in General and County Courts stated shall be amerced besides the Damages and Costs to the Recoverers Fifty pounds of Tobacco in General Courts to the use of the Publick and in the County Courts Thirty pounds of Tobacco for the maintainance of the Commissioners for the due Collecting whereof be it Enacted That the Clerks of the General Courts and the several County Courts An Account to be kept of Amerciaments keep an exact Account of the Amerciaments and deliver or send the same to the several Sheriffs of the particular Counties who are hereby required to collect the same with the Levies and are accordingly impowered for Default of payment to make Distress Sheriffs to collect them and commanded not to return any Arrears Executors and Administrators who cannot pay without Orders always excepted XXVIII Subpoena's to be issued by the Clerk BE it also Enacted When the Clerk shall issue Subpoena's and when a Dedimus Potestatem That the Clerk of the General Court shall issue Subpoena's from the Secretaries Office for all Evidences required in the Trial of any Cause there depending if the Witnesses required do not dwell beyond the Bay or the North side of James River and if they do that then a Dedimus Potestatem shall issue for taking the Deposition in the County or Counties where the Witnesses do dwell Evidence shall be given viva voce in Cases Criminal Provided always That in Criminal Causes all Witnesses be bound over to give in their Evidences viva voce at the Trial in the General Court XXIX Dedimus Potestatem how to issue WHereas many Causes between parties and parties are lost for want of Evidence who living so far remote cannot but at a Charge and Expence far exceeding the value of the Cause be brought to give it viva voce at the General Court or at the County Courts if the party dwell out of the County or else a greater mischief is introduced by the partial and illegal Examination of Witnesses in presence of but one party before some one Commissioner perhaps too favourably inclined to the party in whose behalf the Depositions are taken besides the trouble expence and hindrance of the Witnesses themselves who many times are forced One hundred Miles from the Place of their Residence for a small allowance to give Evidence in Trials of petty and inconsiderable values for remedy whereof and that all Parties may with more convenience less trouble and cost have their Evidences impartially and legally taken Be it Enacted and Confirmed That if the Cause to be tried at the General Court the Governour if in any County Court any one of the Council or the Judge of the Court A Dedimus Potestatem in what Cases to be granted by whom and to whom it shall be directed shall Grant and Sign a Writ of Dedimus Potestatem for Examination of Witnesses in the Counties where they dwell directed to Three such Persons as the Plaintiff and Defendant if they both desire the Writ shall by consent make choice of and nominate but if it be the single request of either Plaintiff or Defendant then the Governour Councellor or Judge of the County Court out of Court time shall nominate and appoint three or more such indifferent Persons to Examine all such Witnesses as by the Party desiring the Writ they shall be moved to Summon before them and to this end the Commissioners thus made choice of or appointed to execute the Writ or any two of them shall by the said Writ be impowered and required to appoint a time and place when and where they will receive the Evidences and to issue out Subpoena's for their Appearances accordingly and if upon such Summons any of the Witnesses refuse and neglect to come and give in their Evidences then the Commissioners or any two of them The Non-appearance of Witnesses in case of a Dedimus Potestatem finable be further impowered by this Act to lay such a Fine upon them as the Act of Assembly gives in such Cases for Non-appearance of Witnesses at the General or County Courts Provided always That the Parties procuring the Writ shall give the Party concerned against him notice of the time and place when and where the Commissioners intend to sit at least ten days before the day appointed by the said Commissioners for putting it into Execution And be it further Enacted That the said Commissioners or any two of them which take the said Examinations shall immediately subscribe them seal them and the Writ up and return them with the Writ so sealed up to the Clerk of the General Court if the writ issue from the Governour or else to the Clerk of the County Court whence the Warrant issued by either of the said Clerks to be read at the time of the Tryals of the Cause in either of the said Courts XXX Penalties for Non-appearance of Evidences BE it also Enacted That the Penalties to be inserted in Sub-poena's to the General Courts for Non-appearance of the Evidences summoned Penalty of
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
pounds of Tobacco and for exceeding the Fee Two hundred pounds of Tobacco for every Hundred Acres half to the Party injured and the other half to the Informer to be recovered by Action of Debt in any Court of Judicature in Virginia But if the Surveyor go further from home then he can return in a day then such Satisfaction to be allowed him as by the former Act is allowed VI. An Act repealing the Act of Encouragement for Killing of VVoolves VVHereas in some Frontier Counties the number of Woolves killed and brought in by Indians though from never so remote places hath very much encreased the Taxes of the said Counties when no benefit hath accrued the Heads of the said Woolves being purchased by some Inhabitants there for Lucre of Encouragement given by Act to the insupportable burthen of the people Be it Enacted by this present Grand Assembly and the Authority thereof County Courts shall make By-Laws for rewarding the Killing of Woolves That the allowance for Woolves killed by Indians and the injury of the persons and places by whom and when they are killed be wholly left to the County Courts by their By-Laws to take care and provide for as shall be found most requisite for the conveniency and occasions of each County Notwithstanding the Governour and Council have assented to this at the desire of the Burgesses are of Opinion that this Act will be by the chief desire thereof quickly repealed VII An Act concerning the Salt-VVork at Accomack VVHereas the County of Northampton hath shewed That by a former Act of Assembly the importation of Salt into that County was prohibited for the greater Encouragment of Coll. Edmund Scarburgh Salt permitted to be again imported and sold in Northampton County who had erected a Salt-work at Accomack but he not furnishing the wants of the People in that County of Northampton according to expectation and the Law restraining their Relief from other places Be it therefore Enacted by this present Grand Assembly and the Authority thereof That the said Act for so much as relates to that County of Northampton be henceforth repealed and Liberty and Licence granted and given to any person to import and sell Salt there as freely as before that Act of restraint he might have done Collonel Scarburgh himself having given his full assent to this Repeal VIII An Act concerning Indians repealed by the 5th Act Anno 1671. IX An Act for Supply of Ammunition Each County impowered to make By-Laws for the provision of necessary Ammunition at the County Charge VVHereas there is a general Complaint of the want of Ammunition for defence of the Countrey in these times of eminent Danger It is Enacted by this Grand Assembly and the Authority thereof That each County shall by their By-Laws be impowered to make such Provision thereof at a County Charge as their several Occasions shall be found necessary to require X. An Act for Setting up Looms in each County WHereas the present obstruction of Trade and the nakedness of the Countrey do sufficiently Evidence the necessity of providing a supply of our Wants by improving all means of raising and promoting Manufactures among our selves and the Governours Honour having by apparent Demonstrations manifested that our Poverty and Necessity proceed more from want of Industry then defect of Ability since that Five Women or Children of Twelve or Thirteen years of age may with much ease provide sufficient Cloathing for Thirty persons if they would betake themselves to Spinning which cannot be Objected against if Weavers and Looms were once provided For the better Effecting whereof A Loom to be set up and a Weaver provided for each County within Two years Be it Enacted by the Authority of this Grand Assembly That within two years at furthest after the date of this Act the Commissioners of each County-Court shall provide and set up a Loom and a Weaver in each of the respective Counties of this Countrey at the charge of the County And that no private person setting up a Loom at his own Charge shall excuse the County from setting up a publick one but that every Court neglecting to perform the Tenor of this Act shall be fined Two thousand pounds of Tobacco to the use of the Publick and Informer Provided that the executing thereof in the Counties of Rappahanack Stafford Westmorland and Northumberland who by the newness of their Grounds pretend themselves uncapable of making Provision for the soon Employment of a Weaver be respited for Four years after the date hereof XI An Act Imposing a Fine for entertaining Run-aways WHereas divers ill disposed Persons not valuing the Fine imposed by Act which by the inconsiderableness thereof they think not worth the Pains or Charge of recovery do harbour and give Entertainment to Loitering Run-away Servants for two or three days or more thereby encouraging the said Servants in such lewd courses For prevention whereof Be it Enacted by the Authority of this present Grand Assembly Such as entertain Run-aways fined That what person-soever contrary to the Act in force shall harbour or entertain any such Run-away Servant shall be fined and pay Sixty pounds of Tobacco for each day and night he shall so harbour them to be recovered by the Master or Owner of the said Servant by Action of Debt in any Court of Judicature in this Countrey This Act extending only to those Servants that serve by their first Indenture XII An Act concerning Servants coming in without Indentures VVHereas the present Act in force prescribing how long Servants coming in without Indentures shall serve enjoyns all Servants adjudged by the Courts to be Sixteen years of Age to serve but Five years and all under to serve until they be Twenty four years old by which inequality a Servant if adjudged never so little under Sixteen years pays for that small time Three years Service and if he be adjudged more then the Master loses the like Be it therefore Enacted That the said Act be from henceforth altered and amended viz. That all Servants coming in without Indentures after the Expiration of this Session of Assembly The time Servants coming in without Indentures shall serve shall serve according to their Age viz. If adjudged Nineteen years or above then to serve Five years if under that Age then to serve so many years as he wants of Twenty four when his Age is adjudged by the Court And that every Master intending to Claim the benefit of this Act is hereby required within Two Courts at furthest after he hath bought or imported a Servant as aforesaid to carry him to the Court who by a present Inspection at that time will be best enabled to pass Judgment upon the Matter XIII An Act for Criminals to bear their own Charges WHereas the Charge of prosecuting Criminal Persons hath been hitherto usually defrayed part by the Publick Criminals having Estates shall defray the Charge of their own prosecution Otherwise to be
or Attorneys so Licenced as aforesaid take demand or receive from any persons for any cause in the general court Five hundred pound of Tobacco the Attorney Fee for pleading a Cause in the General Court and 150 for every cause in County-courts and bringing the same to Judgment more then five hundred pounds of Tobacco and Cask and for any cause in the County-court and bringing the same there to Jugdement more then one hundred and fifty pounds of Tobacco and Cask and it is hereby declared and enacted that every Attorney or Attorneys shall have for every cause he undertakes in the general court five hundred pounds of Tobacco and Cask and for every cause he undertakes in the County-court one hundred and fifty pounds of Tobacco and Cask which he may Lawfully claim without any Pre-agreement made with the parties for the same and be it further Enacted by the Authority aforesaid and it is hereby Enacted that all such Attorney or Attorneys that shall refuse to plead any cause in the general court for the aforesaid ascertained Fee of five hundred pounds of Tobacco and Cask shall forfeit and pay to the person grieved five hundred pounds of Tobacco and Cask after Legal conviction on due proof thereof made to be Recovered by due Process of Law Fine laid on Attorneys Refusing to plead for the Fee aforesaid and upon Refusal of any cause in the County-Court shall pay to the party grieved one hundred and fifty pounds of Tobacco and Cask after legal conviction as aforesaid to be Recovered by due process of Law Any Person may notwithstanding plead his own cause Provided always that this Act or any clause therein shall not extend to debar any man that is capable of pleading and managing his own cause in any the said general or County-courts but that he may be permitted and allowed to plead and manage his own business any thing in this Act to the contrary notwithstanding VII An Act Ascertaining the time when Negro-Children shall be Tythable WHereas it is deemed too hard and severe that children as well Christian as Slaves imported into this Colony should be lyable to Taxes before they are capable of working Be it Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid that all Negro Children imported or to be imported into this Colony shall within three months after the publication of this Law or after their arrival be brought to the County-Court where their Age shall be adjudged of by the Judges holding Court and put upon Record which said Negro or other Slave so brought to Court Adjudged and Recorded shall not be accounted Tythable until he attains the age of twelve years Negro Children imported shall not be accounted Tythable till 12 years of Age. any former Law Usuage or Custom to the contrary notwithstanding And be it further enacted by the Authority aforesaid and it is hereby enacted that no Christian Servants imported into this Country And Christian Servants Imported not till they are 14. shall be Tythable before they attain to the age of fourteen years any former Law Usage or Custom to the contrary notwithstanding VIII An Act Licensing a Free Trade with Indians BE it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly that all former Acts of Assembly Restraining Limiting and Forbidding Trading with Indians be and stand hereby Repealed and they are hereby Repealed and that henceforth there be a free and open Trade The time this Act shall continue in force for all persons at all times and places with our friendly Indians and that this Act continue in force until the end of the next Sessions of Assembly IX An Act ascertaining Allowance for Cask BE it enacted by the Kings most excellent Majesty and with the consent of the General Assembly and it is hereby Enacted that from and after the Publication of this Law the allowance of Cask for Publick County and Parrish-Levys and for Clerks and Sheriffs Fees be eight per Cent. and no more Allowance of Cask for Publick and County Levys c. shall be eight per Cent. and no more and that all Sheriffs or other Collectors of the same shall allow the Planter or others eight per Cent. for his Cask as aforesaid upon Penalty of paying for refusing so to do one hundred pounds of Tobacco to the Party grieved and to whom he shall deny such allowance on due proof thereof made to be recovered by action of Debt in any Court of Record or before one single Justice of the Peace if the same exceed not Two Hundred Pounds of Tobacco X An Act for preventing Negroes Insurrection WHereas the frequent meeting of considerable numbers of Negro-Slaves under pretence of Feasts and Burials is judged and deemed of dangerous consequence for prevention whereof for the future Be it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid that from and after the Publication of this Law it shall not be lawful for any Negro or other Slave to carry or arm himself with any Club Staff Gun Sword or any other Weapon of Defence Negroes shall not go armed nor depart from off their masters ground without Certificate or offence nor to go or depart from off his Masters Ground without a Certificate from his Master Mistress or Overseer And such permission not to be granted but upon particular and necessary occasions and every Negro or Slave so offending not having Certificate as aforesaid shall be sent to the next Constable who is hereby enjoyned and required to give the said Negro twenty lashes on the bare back well laid on and so sent home to his said Master Mistress or Overseer Resistance of Negroes or any other slaves punished and it is further enacted by the Authority aforesaid That if any Negro or other Slave shall presume to lift up his hand in opposition against any Christian shall for every such Offence upon due proof made thereof by the Oath of the Party before a Magistrate have and receive thirty lashes on the bare back well layed on And it is hereby further enacted by the Authority aforesaid that if any Negroe or other Slave shall absent himself from his masters service and lye hid and lurking in obscure places committing injuries to the Inhabitants shall resist any person or persons that shall by any lawful authority be imploied to apprehend take the said Negroe that then in case of such resistance Fugitive-Negroes resisting such as are imployed to apprehend them may be killed it shall be lawful for such person or persons to kill the said Negroe or Slave so lying out and resisting and that this Law be once every six months published at the Respective County-Courts and Parish Churches within this Colony XI An