for his Majesties happy Inauguration and for the Deliverances of this Country from the too bloody Massacres nor at the times of General Musters or Election of Burgesses Prison-breakers Felons or Persons under suspicion of Fâ—lony or guiâ—ty of a Riot excepted Provided always That it shall and may be lawful for the Sheriff or any other Officer to apprehend and carry to Prison any person or persons for Riots Felony or Suspicion of Felony or escape out of Prison when under Execution upon any day at any place any thing in this Act to the contrary notwithstanding LIX Reward for killing of Wolves WHereas great Complaint is made of the frequent and many Injuries done by Wolves to the Cattle and Hogs of several Inhabitants of this Country It is therefore Enacted The Reward for k lling of Wolves what to be paid by the County for the Encouragment of those that will make it their business to kill and destroy them that they shall be paid by the County in which they are killed for every Woolf destroyed by Pit Trap or otherwise Two hundred pounds of Tobacco Provided he make Proof before the next Commissioner how the Woolf was killed and bring in his head and take from the said Commissioner a Certificate thereof which being produced to the Court when they are proportioning the Levy shall be sufficient to have the said Reward raised upon the County and to be paid to such persons as it is justly due LX. Commissioners to take Security of Sheriffs BE it also Enacted That the Commissioners of every County shall be answerable to the Publick for all Levies laid upon their County by Act of Assembly and for the Sheriffs performance of his place and in regard thereof are hereby Impowered before the admission of any Sheriff into his office The Sheriff shall give security to the County Commissioners for the faithful discharge of his Office to take such Security of him as they shall think fit and sufficient to save themselves harmless for the receiving and discharging all Publick Duties whether Quit-Rents Levies or Officers Fees committed to his Charge or Collection and for the due performance of his Office Provided That no Commissioner shall be lyable but such as were of the Commission when the defect was made LXI Judgment before Commissioners BE it Enacted Acknowledgment of a Debt before Two Commissioners shall be accounted in the nature of a Judgment and Execution shall issue in case of Non-payment That the voluntary Confession and Acknowledgment of a Debt by the Debtor under his Hand and Seal before two Commissioners of which one of the Quorum shall be accounted in Law in the nature of a Judgment the said Commissioners attesting the same under their Hands and so certifying it to the Clerk of the County Court to enter it upon Record upon which Writing so Acknowledged Attested and Recorded Execution shall issue in case the Debt be not paid as if Judgment had been granted for the same in open Court Provided That if no Execution issue within a Year after such acknowledgment then a Scire Facias shall issue before any Writ of Execution shall issue forth LXII Persons removing into the Bay FOR avoiding of Creditors charges and troubles in recovering their Debts by reason of divers Persons removing themselves from the Places where they contracted their Debts into remote Counties Be it Enacted That no Person whatsoever No Person shall remove out of the County where he dwells without setting up his Name on the Church or Chappel door three Sundays with his intent to remove and whither shall remove out of the County where he dwells unless he first set up his Name at the Door of the Parish Church or Chappel where he dwells three Sundays together and in the same express his intent of leaving the County and certifie the Place he is about to remove to and take Certificate thereof from the Minister or Reader of the said Church or Chappel and the Church-wardens of the Parish to the Clerk of the County Court who shall grant him thereupon a Licence to depart Provided always That if the said Person so removing pay not his Debts contracted before his removing according to the tenor of the specialties by which they are due it shall be lawful for any of his Creditors by a Warrant from the Secretaries Office to bring the Debtor personally before the Governour or any of the Council for what value soever the Debt be of and there put in sufficient security for performance of his Obligation according to the tenor thereof in case the day of payment be not past any restriction in any other Act to the contrary notwithstanding and then to take out Execution against his Body or Estate for satisfaction of the said Debt Cattle shall not be removed out of the County without notice first given to Four of the Neighbourhood And be it further Enacted That if any Person or Persons shall before or after Certificate obtained as aforesaid remove or transport any Cattle out of the County he dwelled in without notice given to Four of the nearest Inhabitants who are hereby required to take special notice of the Ear-Mark and Colour of the Cattle to be removed and make a List of them and their Marks and carry the same subscribed by the said Viewers to the Clerk of the County Court to be Recorded he shall upon lawful Conviction forfeit for every Beast transported contrary to the tenor of this Act No Merchant or Mariner shall transport any person out of the Countrey without Certificate One thousand Pounds of Tobacco one half to the Publick and the other half to him that shall make the complaint against the Party so offending And if any Merchant Mariner or any other Person whatsoever shall transport any Person or Persons out of his County without Certificate as aforesaid the said Merchant Mariner or other Person so offending shall be liable to the payment of all the Debts and Engagements of the Party transported being due at the time of his removal LXIII English VVeights and Measures WHereas daily Experience sheweth that much fraud and deceit is practised in this Collony by false Weights and Measures for prevention thereof English Weights and Measures shall be used in this Collony Be it Enacted That no Inhabitant nor Trader hither shall buy or sell or otherwise make use of in Trading any other Weights or Measures than are used and made according to the Statute of in that case provided and for discovery of abuses Be it further Enacted Every County shall be provided with Weights and Measures from England That the Commissioners of every County do provide at the charge of the County sealed Weights of Half hundreds Quarterns Half Quarterns Seven Pounds Four Pounds Two Pounds One Pound Measures of Ell and Yard of Bushel Half Bushel Peck and Gallon of Winchester Measure Gallon Pottle Quart Pint of Wine Measure out of England and
conferring of Baptism doth not alter the condition of the person as to his Bondage or Freedom That divers Masters freed from this doubt may more Carefully endeavour the propagating of Christianity by permitting Children though Slaves or those of greater growth if capable to be admitted to that Sacrament III. An Act of encouragement for Erecting Mills WHereas it would conduce much to the Convenience of this Country both for grinding of Corn and nearer Roads if Mills were erected at convenient places which divers persons would willingly do if not obstructed by the perverseness of some persons not permitting others though not willing themselves to promote so publick a good It is enacted by this present Grand Assembly and the authority thereof Two Commisioners may be impowered by the County-Court to appoint conveninient places whereon to erect Mills that if any person willing to erect one or more Mills upon convenient places hath Land only on one side the said place and the Owner of the Land on the other side refuse to let him have an Acre of Land to the use aforesaid That then the Countie-Court upon request of the Party so refused shall order and impower two Commissioners or such other Credible Person as they shall think fit to view the said Land And if it take not away housing or Orchards or other immediate Conveniences then to vallue the said quantity of Land and to put the same into the possession of the Party building the said Mill or Mills he paying the consideration the Land is valued at And it is further enacted Also for building of Churches or Court-houses that the like liberty shall be granted for two Acres of Land and no more for erecting Churches or Court-houses Provided that in case of desertion of any Structure the Land shall revert to the first Proprietor he paying what he received for it IV. An Act for Roads to Houses VVHereas the dispatch of Business in this Country is much obstructed for want of Bridle wayes to the several houses and Plantations It is Enacted by this Grand Assembly and the authority thereof that every person having a Plantation Convenient passage for Man and Horse shall be made to every Plantation shall at the most plain and convenient place that leads to his house make a Gate in the Fence for the Convenience of passage of Man and Horse to his house about their Occasions at discretion of the Owners V. An Act against Exportation of Corn. Vide Act 3. Anno 1675 6. VI. An Act for Rating of Ordinary-Keepers Vide Act 10. Anno 1676. VII An Act for Forts to be built in each River Vide Act 2. Anno 1668. and Act 1. Anno 1672. At a Grand Assembly held at JAMES CITY September 17. 1668. I. An Act for Establishing a Fast WHereas the many Sins of this Country may justly provoke the Anger of Almighty God against us and draw down his Judgments upon us unless diverted by a timely and hearty Repentance The Governour Council and Burgesses taking the same into their serious consideration have enacted and do by these Presents enact That the 27th day of August next be set a part for a day of Humiliation hereby strictly requiring all persons on that day to repair to their Respective Parish-Churches with Fasting and Prayer to Implore Gods Mercy and deprecate the Evils justly impending over us And be it further enacted that if any person or persons in contempt hereof shall be found on that day Gaming Drinking or Working works of necessity excepted he or they so offending upon Presentment of the Churchwardens and proof thereof made to the Vestry shall be fined one hundred pounds of Tobacco half to the Informer half to the poor of the Parish And it is further enacted that all Ministers in the Parish where they reside be required to repair themselves to the solemnizing that day II. An Act for dispensation of Ship riding under the Forts WHereas the Act for erecting Forts enjoynes all Ships trading into this Country to ride within the command of the Forts now erected for security of the said Ships in times of War and Danger and since God hath restored to us the Blessing of an Universal Peace by which the necessity occasioning that injunction is taken away The Governour Council and Burgesses of this Grand Assembly for the ease and convenience of the Inhabitants and Traders have enacted and by these Presents do enact That Licence and Liberty shall be and hereby is granted to all Merchants and Masters of any Ship or Vessel that already is or hereafter shall come into any River of this Country Ships permitted to Ride in any part of the River where they may most conveniently unload to ride with their Ships in any part of that River they shall make choice of for better dispatch of their Affairs and this permission to continue in force until the Governours Honour find just cause to command the contrary III. An Act concerning Dammages in Appeals WHereas the present Act about Appeals seeming to take care only of the dammages sustained by Creditors in actions of Debt is difficult in prescribing a Remedy upon actions in the Case Trespass c. By which impunity litigious persons do more boldly persist in stirring up and prosecuting malitious and unjust suits to the great trouble vexation and dammage of many honest men and the breach of His Majesties Peace for Redressing whereof It is enacted by the Governour Council and Burgesses of this Grand Assembly Costs and Dammages given in county-County-Courts upon Appeal to the General Court if cast there shall be raised 50. per Cent. and the authority thereof That in all actions the dammages costs and reasonable expences of suit recovered against the Appellant in the county-County-Court by Judgment or Verdict of a Jury shall have fifty per Cent. raised upon all those costs and dammages in the General Court or Assembly if Appeal be made to the General Court against the person Appealing if cast in the suit IV. An Act about Correction of Runaways WHereas it hath been questioned whether Servants running away may be punnished with corporal punishment by their Master or Magistrate since the Act already made gives the Master satisfaction by prolonging their time of Service Corporal punishment may be inflicted on Runaways It is enacted and declared That corporal punishment moderately inflicted on a Runaway-Servant by Master or Magistrate shall not deprive the Master of the Satisfaction allowed by the Law the one being as necessary to reclaim them from further persisting in that idle course as the other is just to repair the Damages sustained by the Master V. An Act Impowering County-Courts to build Work Houses assisted by the Vestry Vide Act 10. An. 1666 VI An Act permitting the Exportation of Horses and Mares WHereas the numbers of Horses and Mares is so increased that there appears not any occasion to continue the Restraint of their Exportation It is enacted by this Grand
signing Commissions of Dedimus Potestatem Writs of Execution and Attachment by the Governour in causes depending in the General Court is found by experience to be very Burthensome and grievous to Suiters the Burgesses now assembled do pray That it may be enacted and be it enacted by the Governour Council and Burgesses of this present General Assembly and by the Authority thereof that all Writs or Commissions to examine witnesses called Dedimus Potestatem A Dedimus Potestatem may be signed by any Member of the Council at the Request of either of the Parties Plaintiff or Defendant in any cause now depending or which shall or may hereafter depend in the General Court shall and may be issued and signed by any one of the Honourable Council in such Form and according to such Rules and Directions as are by Law already prescribed and laid down and that all writs of Execution and writs of Attachment awarded by any Order or Judgment of the said Court shall and may be issued forth of the Secretaries Office by the Clerk there attending and for that purpose authorized by the Secretary and by him signed without putting the parties to the trouble of attending Writs of Execution and Writs of Attachment how to issue or sending to the Governour for his sign as hath been formerly used and all such writs to be Returnable to the Secretaries Office any former Law Custom or Usage to the contrary notwithstanding VI. An Act Repealing the sixth Act of Assembly of June 1680. about Attorneys FOrasmuch as the sixth Act of Assembly made at James-City the 8th day of June 1680. concerning Attorneys is found inconvenient Be it therefore enacted by the Governour Council and Burgesses of this General Assembly and it is enacted by the Authority aforesaid that the aforesaid Act of Assembly and every clause thereof from henceforth be Repealed and made Void VII An Act Disbanding the present Souldiers in Garrison in the Forts at the Heads of the several Rivers as also for the Raising of other Forces in their stead WHereas the present Garrisons in the several Forts built according to an Act of Assembly held at James-City the 8th day of June 1680. Intituled An Act for Continuation of the several Garrisons and Fortifications at the heads of the four great Rivers are by experience found very burthensom and chargeable to the Country and forasmuch as the apprehensions of Dangers from the Incursions of certain Indian-Enemies induced that Assembly to erect those Forts and place those Garrisons in them are for the most part removed by peace concluded with those Indians then our Enemies the House of Burgesses now assembled do pray that it may be enacted and be it enacted by the Governour Council and Burgesses of this General Assembly and by the authority thereof that the several Forts and Garrisons be dismantled and the Forces Officers and Souldiers therein and in each of them disbanded some time between this and the 30th day of this instant December and that each Officer and Souldier by the time aforesaid do actually deliver up his Horse Arms and Furniture to the Respective Owners of them and forasmuch as it may be dangerous and of evil Consequence to leave the frontiers of the Country and heads of the aforesaid Rivers altogether ungarded it is hereby enacted that twenty men well furnished with Horses and all other Accoutrements be raised and listed in each of the Counties of Henrico New-Kent Rappahannack and Stafford Twenty Men well furnished with Horses shall be raised in each County viz. of Henrico New-Kent Reppahanuack and Stafford of such House-keepers belonging to the said Counties as shall voluntarily offer themselves for this Service and for want of such or so many House-keepers that then the said Number shall be made up of such freemen as shall willingly offer themselves and give security to the Militia-Officers of that County to perform all services and other things as by this Act is enjoyned them but in case such twenty men quallified as aforesaid shall not be found in each of the said Counties then it shall and may be Lawful for the Militia-Officers of the said Counties to impress such and so many men furnished as aforesaid as shall be wanting to compleat the number required by this Act and his Excellency the Governour General or in his absence the Right Honourable the Lieutenant or Deputy Governour is hereby desired to make choice of and commissionate some fit and able Person in each of the aforesaid Counties who is a House-keeper therein to command lead train conduct and exercise the said Twenty souldiers to be raised in the said County of which he shall be appointed and commissionated by his Excellency the Governour General the Lieutenant or Deputy Governour as is aforesaid And it is further enacted That the chief Officers of the Militia in each of the said Respective Counties shall make choice of the most able and fittest person out of such twenty men as to them shall seem most fit and convenient to be Corporal of the said Troop of that County who in the absence of the Captain of the Troop occasioned by sickness or otherwise is to Lead Train Command and Exercise the said Troop or Company of Twenty Men and be it enacted by the Authority aforesaid That the pay of each Officer and Souldier shall be as followeth to the Captain of each Troop finding himself Horse Armes Ammunition and Provision eight Thousand pound of Tobacco with Cask out of the Publick Levy for one whole year and so after that Rate for a shorter or longer time The Captain of each such troop consisting of 20 men shall have 8000 l. of Tobacco and Cask per Annum To the Corporal of each Troop Three Thousand Pounds of Tobacco with Cask as aforesaid for one whole year and so after that Rate for a longer or shorter time to each Souldier finding himself Horse Armes Furniture Provision Ammunition and other necessaries as aforesaid two thousand pound of Tobacco in Cask as aforesaid and so after that Rate Corporals and private Souldiers pay for a longer or shorter time And be it enacted by the authority aforesaid that each Captain or in his absence his Corporal shall once every Month Muster Train Exercise Instruct and Discipline the Troop or Souldiers under his Command The said troops shall be trained and Exercised once a Month. on pain to forfeit five hundred pounds of Tobacco in Cask for every time he shall neglect such Muster or Exercise unless occasioned by sickness and that every Captain or in his absence occasioned by sickness his Corporal shall at the least once in every fourteen days Range and Scout And shall once in every 14. dayes range scout about the frontiers of the County for which they serve about the Frontiers of the County for which they serve and in such other places as shall be most likely for the Discovery of the Enemy under pain of forfeiting for
Bills of Lading not containing above 20 Hogsheads ibid. In Bills of Lading exceeding that number Twelve Pence for every Cocquet ibid. Corn. Two Acres of Corn for each Tythable Page 82. Or one Acre of English Wheat ibid. Corn shall not be Exported upon penalty of paying 200 l. of Tobacco for every Barrel thereof and twice the price of other provisions Page 197. Coroner An Act ascertaining Coroners Fees Page 226. In Counties where there is no Coroner a Justice of Peace shall perform his Office and receive the Fee due to the Coroner ibid. County A Pillory a Whipping Post a pair of Stocks c. to be set up in each County Page 31. No person shall remove out of the County where he dwells without first setting up his Name on the Church-door three Sundays with his intention of removeing and whither Page 46. Cattle shall not be removed out of the County withoue notice first given to four of the Neighbourhood ibid. Counties or Parishes to make By-Laws which Laws shall be obeyed by the Inhabitants of the said Counties or Parishes Page 112. Inhabitants of the County shall obey the By-Laws thereof Page 237. Where two or more Counties lie conveniently one publick Ware-house may serve in common between them Page 266. Courts Courts formerly called Quarter Courts to be hence forth stiled General-Courts Page 14. Rules for the beginning continuance and proceedings in Courts Page 15. How the Stile of the Court shall be entred ibid. Warrants for Proceedings in Courts to be issued by the Clerk Page 16. How long Courts shall sit each day Page 18. Criminal Causes shall be tryed only at the General Courts and on the Fourth day Page 20. County-Courts appointed and how to be formed Page 26. Members of County-Courts shall take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace ibid. An what places and when County Courts shall be held ibid. Form for entring the Stile of the County-Courts Page 28. Court shall not take Cognizance of any thing under 200 l. of Tobacco ibid. Private-Courts prohibited Page 29. County Courts may grant Probates of Wills and Administrations upon the Estates of Persons dying intestate Page 48. Discounts to be made in Courts Page 69. The General Court to be held the 15th of April Page 139. Land alloted for building Court Houses Page 156. County Courts shall re-examine their Orders Page 162. An Act for opening Courts of Judicature Page 213. An Act impowering County-Courts to make By-Laws Page 237. Two Men of each Parish chose by the Free-holders and House-keepers shall sit with the Justices in County Courts for making By-Laws ibid. Criminals When several are Actors in the same Crime every one shall be fined Page 132. Criminals having Estates shall defray the Charge of their own Prosecution Page 147. Otherwise to be prosecuted at the Charge of the County ibid. D Debts NO Debts pleadable in Virginia for Goods Imported thither Page 123. Debts contracted in Virginia shall be the first paid Page 125. No Debts pleadable against Dead Mens Estates but such as were contracted within One year before their decease Page 239. Declaration Plantiff shall file his Declaration three days before the day of Hearing Page 18. Defendant shall put in his Appeal to the Plantiffs Declaration Page 28. Dedimus Potestatem How a Dedimus-Potestatem shall issue Page 24. In what Cases to be granted by whom and to whom it shall be directed ibid. The Fee for a Dedimus Potestatem Page 163. A Dedimus Potestatem may be signed by any Member of the Council Page 290. Defamation What Defamations are Actionable Page 29. Babling and Slanderous Women to be punished by Ducking Page 107. Persons provoking others by Aggravations or Terms of Distinctions fined 400 l. of Tobacco Page 216. Any person who shall either by Words or Writing Defame the Governour shall suffer a years Imprisonment without Bail c. Page 250. E. Errors A Amendment thereof Page 18. Evidence Evidence shall be given Viva Voce in Cases Criminal Page 24. Penalties of Non-appearance upon Subpoenas Page 25. Allowance for Evidences summoned to the General Court Page 193. Execution An Act permitting persons under Execution to redeem their Bodies with their Estates Page 123. Proceedings in case of an Execution for Debt and what relief may be had therein Page 124. Executions issuing upon Judgment granted by the Assembly shall be drawn by the Clerk and signed by the Governour Page 228. Writs of Execution and Writs of Attachment how to issue Page 290. Exportation No Merchant or Mariner shall Transport any person out of this Collony without Certificate Page 46 Against Exportation of English-Goods Page 87. Mares and Sheep not to be Transported ibid. Exportation of Iron Wooll Wollfells Skins Hides or Leather prohibited Page 285. F. Fasts c. A Fast to be kept annually on the 30th of January Page 7. The 29th of May appointed to be kept Holy Page 8. The 13th of September to be annually kept Holy Page 125. A Fast appointed Page 157. Fences Fences shall be four foot and a half high or else no Damages to be allowed for Trespass Page 58. Sheep comprehended in the Act concerning insufficiency of Fences Page 149. Fences of Corn-Fields shall be four foot and a half high Page 167. Fines Courts only shall impose and collect Fines Page 32. An account thereof shall be kept by the Clerk ibid. Fish An Act restraining the striking and killing of Fish between the first of April and first of November Page 281. Flax and Hemp. Flax-seed to be distributed into each County Page 79. An Act for the Manufacture thereof Page 188. One Quart of Flax-seed and the like quantity of Hemp-seed to be distributed to every Tythable person in each County ibid. One pound of dressed Flax or Hemp to be yearly made for every Quart of Seed received ibid. Twenty four pound of Tobacco allowed by the publick for every Peck of Flax-seed of the growth of the Countrey and Twenty pounds of Tobacco for every Peck of Hemp-seed Page 296. For every Tythable in the year 1684 shall be made one pound of Flax and one pound of Hemp dressed or Two pounds of either and so yearly after Page 297. Fornication An Act against Fornication Page 73 Persons convicted of Fornication fined 500 l. of Tobacco ibid. Fornication with a Negro-man or Woman punishable Page 111. Forts and Fort-duties Three pence per Hogshead payable for Fort-Duties in Accomack c. Page 93. Masters of Ships may pay their Fort-Duties in Musquet-Powder and Shot Page 113. A Fort ordered to be Built Page 136. Forts ruinated and demolished shall be built a-new or repaired with Brick Page 176. Levies for building and repairing Forts ibid. Frontiers Plantations on the Frontiers to be strengthened with four able hands well Armed Page 126. An Act giving Seven years time for seating Frontier-Lands Page 210. G. Garisons FOur Houses for Stores and Garrisons ordered to be built at the publick Charge Page 229. Places where
aforesaid the person concerned shall pay for his Composition as aforesaid But all Lands which shall hereafter lapse or which have lapsed within the two years last past the Composition to be made for with those by his Majesties Treasurer appointed and authorized thereunto And that the Widdow be admitted in the first place she making her Claim within Eight Months according to the Proposition abovesaid XIX COVRTS Courts formerly called Quarter Courts to be henceforth stiled General Courts VVHereas the name of Quarter Courts is altogether unsuitable to the nature of those Courts held by the Governour and Council both in respect there are but three of these Courts in the year as also because they are not equally distributed in the Quarters of the year September and November being too near and March too long from them to admit of that Title Be it therefore Enacted That the said Courts be no longer Stiled Quarter Courts but that they be henceforth called General Courts a Name more suitable to the Nature of them as being places where all Persons and Causes have generally Audience and receive Determination Whereas the Acts of Assembly already made are very defective in prescribing the Rules to be observed in the Proceedings both in those General and the Particular County Courts for want whereof many Errors are committed the respects due to the Courts so nearly representing his Majesties Sacred Person by the clamorous unmannerliness of the people lost and the order gravity and decorum which should manifest the Authority of a Court in the Court it self neglected And in regard the long omission of those hugely material though in themselves little things of form hath caused all things still to continue in the first Disorders It hath appeared necessary to this present Grand Assembly to set down the Rules and Forms themselves for the beginning continuance and proceedings in the said Courts as followeth And it is therefore Enacted That the General Courts begin and continue as followeth General Courts to begin and continue Rules for the beginning continuance and proceedings in Courts That March Court begin the Twentieth of March if it be not Saturday or Sunday and then the Monday following and hold Eighteen days not accounting Sundays in the number That September Court begin the Twentieth of September if it be not Saturday or Sunday and then to begin the Monday following and hold Twelve days not accounting Sundays in the number That November Court begin the Twentieth of November if it be not Saturday or Sunday and then to begin the Monday after and hold Twelve days not accounting Sundays in the number That Adjournments of the said Courts be always avoided and that they begin precisely upon the day that all persons knowing the day of the return of the Writs may accordingly give their Attendance Stile how Entred How the Stile of the Court shall be entred That the Stile of the Court be entred thus AT a General Court held at James City the Twentieth of _____ by His Majesties Governour and Council in the _____ year of the Reign of our Soveraign Lord CHARLES the Second by the grace of God of Great Britain France and Ireland King Defendor of the Faith c. and in the year of our Lord God _____ present Insert the Names of the Governour and Council Manner of proceeding in Court Silence commanded then let the Cryer or Under-Sheriff make Proclamation and say O Yes O Yes O Yes Silence is commanded in the Court while His Majesties Governour and Council are sitting upon pain of Imprisonment Suitors to appear After Silence commanded let the Crier make Proclamation saying ALL manner of persons that have any thing to do at this Court draw near and give your attendance and if any one have any Plaint to enter or Suit to prosecute let them come forth and they shall be heard When Silence is thus commanded and Proclamation made upon calling the Docket the Cryer shall call for the Plaintiff Calling the Plaintiff A. B. come forth and prosecute thy Action against C. D. or else thou wilt be Non-suit And the Plaintiff putting in his Declaration the Cryer shall call for the Defendant Calling for the Defendant C. D. come forth and save thee and thy Bail or else thou wilt forfeit thy Recognizance Warrants for Proceedings to be issued by the Clerk For Proceedings in the said Courts Warrants to be issued by the Clerk XX. Actions to be proportioned BE it Enacted Actions shall be proportioned to the number of Twenty for each day That Warrants be issued by the Clerks of the General Courts and the said Clerk so proportion the number of his Actions that there be for each day Twenty And that until there be Twenty Actions entred for the first day no Warrant issue for the second and then Twenty for the second before any issue for the third and so proportionably Twenty per day for so many days as there are Actions to fill with that number It being unreasonable that the Governour and Council should wait a Week for a straggling Business entred at a particular mans pleasure And in case any special Warrant issue that for the extraordinariness of the business may require the Governours own signing It is Enacted That the person first go to the Clerk and there enter his Action and the day of the Return before his Warrant shall be signed And whereas some scruples have arisen about the time Warrants may be served viz. Whether ten days before the Return that is the day mentioned in the Writ to appear At what time Warrants may be served It is hereby declared that Warrants may be served at any time if there be ten days between the Serving and the Return as aforesaid And further That it may be done in Court time for the same Court if there be ten days between the Serving. XXI Courts to sit from Eight to Eleven of the Clock in the Forenoon and from One to Three Afternoon How long Courts shall Sit. BE it also further Enacted That the Court shall each day sit from Eight of the Clock to Eleven in the Forenoon and from One to Three in the Afternoon And for avoiding all Errors that may happen in the Draught for the Orders by the Clerk either through his misapprehending the sense of the Court or the partial Information of any person concerned which he being distracted with the multitude of Business may unwittingly assent to That all Orders of the day be by the Clerk drawn up against next Morning and then read in open Court in presence of the Plantiff and Defendant if they will be present when Rule will be given by the Court for Amendment of Errors Amendment of Errors if any be before they be Entred upon Record and the Plantiff or Defendant if they have any new matter of Plea shall then have liberty to plead it in Arrest of Judgment And the Orders thus publickly read and confirmed shall be
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
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
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
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
evidently appear to the Court that it is justly due to him XLVIII Apprisement of Goods BE it Enacted for the equal Aprisement of Goods seized by Execution That the Plaintiff and Defendant shall choose each of them two indifferent Men for that purpose and in case of disagreement the said four or three of them shall chuse an Umpire which Umpire so chosen shall be sworn by the next Commissioner to apprize such Goods indifferently and his Umpirage to be final Goods seized by whom they shall be appraized And be it further Enacted That if Plaintiff or Defendant shall neglect to appoint Apprizes within three days after Execution is served notice being given them by the Sheriff to whom the Execution was directed that then the Sheriff in such case of neglect shall chuse and appoint Apprizers either for the Plaintiff or Defendant for apprizing the Goods by him seized upon Execution as aforesaid And be it further Enacted Goods shall remain in the Plaintiffs possession till after Appraisement That before such Aprizement the Sheriff shall not remove the Goods out of the Possession of the Plaintiff and the surplusage if any be returned to him but after Apprizement made as aforesaid the property to vest in the Sheriff for the use of the Creditor to whom the Sheriff shall give notice that he may take them into his own possession And because there can be no Averment against a Record it is further Eenacted That the Sheriff make return of the Execution to that Clerk of the County that granted it by him to be entered upon Record under the Order it was issued upon that so the Satisfaction as well as the Judgment may be authentickly proved if occasion require Whereas the Act for the relief of poor Prisoners hath What persons shall have the benefit of the Act made for relief of poor prisoners contrary to the intent thereof been extended to Men of all Capacities and by that means an inconsiderable part of their Estates or at least unprofitable to him whose dependance is Tobacco according to his agreement forced for satisfaction Be it therefore Enacted That henceforth every Debtor under Execution for Debt shall be detained in Prison until he hath paid the Debt in kind but that real poor Men laid under Execution for a Debt under One thousand Pounds of Tobacco shall still have liberty by part of their Estate by some Justice of the County indifferently assigned and by Apprizers summoned by the Sheriff and sworn equally to apprize the said Estate shall make Payment thereof to their Creditor and redeem their Persons XLIX No Commissioner Clerk or Sheriff to be Attorneys in the Court where they officiate No Commissioner Clerk or Sheriff shall be Attorney in that Court wherein he officiates BE it Enacted That neither Sheriff Commissioner Under-Sheriff or Clerk of any Court within this Collony shall be permitted to plead as an Attorney in any persons behalf in the Court wherein he officiates and the said Commissioner Sheriff Under-Sheriff or Clerk offending herein shall for every Default be fined One thousand Pounds of Tobacco The Court may notwithstanding permit a Commissioner to plead a poor mans cause to the use of the County Provided always That if any poor person not able to plead his own Cause shall request the Court to assign him one of the Commissioners to plead for him it shall be lawful for the Court to grant it and for the Commissioner to plead accordingly but the Councellor Commissioner c. so pleading the poor mans Cause not to give Judgement therein Provided also That any Commissioner Sheriff Vnder-Sheriff or Clerk acting as General Attorney for any persons absent out of the Countrey or County and negotiating their Affairs and so liable to be sued for their Imployers such persons notwithstanding this Act shall have liberty also to Plead and Prosecute in any Cause that shall any way concern their said Imployers L. Publication of Writs for Election of Burgesses WHereas frequent Complaints are made by the People that they have no notice of the time appointed for the Election of Burgesses and by that means are deprived of giving their Voices in the Election of their own representatives Writs for Election of Burgesses shall be read publickly in Churches Be it Enacted henceforward That the Sheriffs of the respective Counties shall upon the Receipt of the Writs cause Copies thereof with the day appointed for the Election endorsed to be sent to the Minister or Reader of every Parish in their County who is to read the same to the People two Sundays successively both in the Church and Chappel of Ease to it belonging to the end that no person may pretend Ignorance and return the same to the Sheriff with his attestation subscribed that he hath published the same according to the tenor of this Act which Attestation shall be sufficient to discharge the Sheriff from blame but if the Sheriff neglect to send Copies as aforesaid then to be fined Two thousand Pounds of Tobacco to the use of the County Freemen neglecting to givc their Votes at Elections of Burgesses shall be fined 200 l. of Tobacco and every Freeman after such Publication made neglecting to come and give his Vote at the day appointed for Election shall be amerced Two hundred pounds of Tobacco to the use of the County And be it further Enacted That if the Sheriff shall not before the day of the Return make his due return of the Writ with the names of the Burgesses endorsed into the Secretaries Office at James City the said Sheriff so neglecting shall be Fined Two thousand pounds of Tobacco to the Publick LI. Publick Levies to be first paid BE it also Enacted That no Sheriff shall where he receives Tobacco of any Person indebted for his Levies and also for Fees and other debts due to himself or any other Officers and not paying the whole in kind by which means for part thereof distress must be made shall presume to convert the Tobacco in kind to his own or any other use and force the Countrey Creditor to accept of the Distress or stay for his Debt Debts due to the publick shall be first paid but that all Debts due to the Publick be first paid and the Tobacco in kind paid to the Creditor of the publick whose reputation is by these Evasions often vilified and that the Sheriff making Default herein shall be fined Ten thousand pounds of Tobacco to the use of the publick upon proof thereof made in any Court of Record in this Countrey LII The Sheriff upon the instance of the Treasurer or his Deputy to collect the Quit Rents Quit Rents shall be collected by the Sheriff and shall be paid in Tobacco or Money ANd be it further Enacted That the Sheriff being his Majesties immediate Officer shall upon the instance of his Majesties Treasurer or his Deputy here be compelled to receive all such Quit Rents as the said
that the said Weights and Measures be kept by the first of every Commission at his house and with them a burnt Mark of _____ and a Stamp for Leaden Weights and Pewter Pots whither all Persons not using Weights and Measures brought out of England and sealed there shall bring all their Barrels which are to contain Five Bushels and other Measures to be sealed and their Stilhars to be tried and all Persons selling by other Weights or Measures not sealed and tried as aforesaid shall forfeit One thousand Pounds of Tobacco one half to the Publick the other half to the Party that shall make his complaint and if the Commissioners shall make default of producing such Weights Measures Scales and Stamps as by this Act they are enjoyned by the first of December 1663 the said Commissioners shall be fined Five thousand pounds of Tobacco to the use of the Publick LXIV County Courts to grant Probates and Administrations BE it Enacted That the County Courts shall be impowered to grant Probates of Wills Probates of Wills and Administrations upon the Estates of persons dying Intestate may be granted by the County Courts and Administrations upon the Estates of persons dying intestate to take Security and receive the Inventories of the said Estates Provided That the Clerk of the County Court when he sends or carries the said Probates or Commissions of Administrations to be signed do then also certifie into the Secretaries Office the name of the Testator or the party deceased the Executors or Administrators and their Security the County and Parish where they dwell and the Court wherein the Administration is granted to the end that strangers and others Creditors invested in the Estate may be the better enabled to find out the Records in which the account of the Estate is entred and be informed how they may come to their just dues LXV Administrations to whom to be granted VVHereas Commission of Administration are suddenly obtained and the Estate as suddenly disposed of under the pretence of greatest Creditor or next of Kin whereby oftentimes they that really are so are the one defrauded of his just Debt and the other debarred of his Right and Interest before either can have notice of the parties Decase Be it therefore Enacted No Administration shall be granted till Nine Months after the parties decease except to the Widow or Child That no Administration be granted until Nine Months after the parties Decease except to the Widow or Child and then to be immediately granted the said Widow or Child bringing in sufficient Security for performing all things the Law requires and saving the Court harmless And be it further Enacted That in case the said Widow or Child do Administer the Estate shall be inventoried and Apprizement made by four Men appointed by the Court and sworn by a Justice of that Court as formerly which Inventory and Apprizement shall by the said Widow or Child be brought into the next Court held in that County unless the Court for Reasons shewed them may think fit to grant Liberty to bring it in the Court but in Case the Decedent die without Widow or Child Then it is Enacted That the Estate for the better Improvement thereof be sold by the Court at an Out-cry and the Purchasers all puting in Security and acknowledging Judgments for their Debts which by the Court shall be Assigned to the several Creditors of the Decedent and paid according to the priority in Law and the surplusage remaining if any to be delivered to the next Kinsman of the Decedent it he appears or if none prove himself such within three years then the Court to give an account of the said Surplusage to the Assembly who are to dispose of the same to the use of the County allowing to the Court or whom they intrust for the managing of it for his reasonable costs and pains And when the Widow or Child administers the surplusage after Debts paid and the Funeral charge according to the quality of the person allowed for shall be equally divided between the Widow and Children viz. one full Third of the Personal Estate to the Widow The Widow to have one third of the Estate Debts being first paid the other two thirds to be divided amongst the children and the other Two Thirds among the Children if any of which die before it come to Age his Proportion to be divided among the surviving Children And whereas it hath been the frequent evil practice of Administrators as soon as they have obtained an Order to administer to act as Administrators by Virtue of that Order without giving security or taking out their Commissions so that the Estate being imbezelled away no account can be given thereof Be it therefore Enacted That whoever pretends to administer upon any Estate shall bring to the Court sufficient security before the Order shall be granted and an Order thus obtained legally Administrators shall give in security to the Court. by giving such security to be truly accountable to bring in a true Inventory and to perform such things as the Administrators by Law are enjoyned shall not at any time after be reversed unless the Party that obtained the same die before he hath given an account of the Estate and obtained his Quietus in whicn case the Court is impowered to grant the Administration of that Estate so not accounted for to some other Person who may by Virtue thereof call his Heirs Executors or Administrators of the former Administrators to accompt who shall pay out of the said deceased Administrators Estate all such Debts as shall be found due to the Estate he administred upon in the first place LXVI Concerning Orphans COncerning Orphans Estates Be it Enacted That all Wills and Testaments be firm and inviolable unless the Executors or Overseers do refuse to execute the Trust reposed in them by the Testator in which case the Court may appoint others to act according to the Will but if the said Will be so made that no Person will undertake the managing of the Estate or Education of the Orphans according to the tenor of it then that the Estate by the appointment of the Court shall be managed according to the Rules set down for the ordering the Estate of persons Intestate as followeth Orphans shall be maintained by the Interest and increase of their Stock if suâ—ficient if not shall be boâ—nd Apprentices First That no account be allowed for Diet Cloths Physick or else against any Orphans Estate but they to be Educated and provided for by the Interest of the Estate and Increase of their Stock according to the proportion of their Estates if it will bear it but if the Estate be so mean and inconsiderable that it will not extend to a free Education then it is Enacted That such Orphans shall be bound Apprentices to some Handycraft Trade until One and twenty years of age except some Kinsman or Relation will maintain them for the Interest
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
of service so neglected and if the time of their Running away was in the Crop and the charge of recovering them extraordinary the Court shall adudg a longer time of Service proportionable to the Damage the Master shall make appear he hath sustained and because the adjudging the time they should serve is often referred until the time by Indenture is expired when the proof of what is due is very uncertain Be it Enacted Run-away Servants shall serve their Masters twice the time of their absence after the time of their Indenture is expired That the Master of any Run-away that intends to take the benefit of this Act shall as soon as he hath recovered him carry him to the next Commissioner and there declare and prove the time of his absence and the Charge he hath been at in his Recovery which Commissioner thereupon shall grant his Certificate and the Court on that Certificate pass Judgment for the time he shall serve for his absence And in case any English Servant shall run away in Company of any Negroes who are incapable of making Satisfaction by Addition of time It is Enacted That the English so running away in the company with them shall at any time of Service to their own Masters expired English servants running away in company with Negroes serve the Masters of the said Negroes for their absence so long as they should have done by this Act if they had not been Slaves every Christian in company serving his proportion and if the Negroes be lost or die in such time of their being run away the Christian Servants in company with them shall by Proportion among them either pay Four thousand five hundred pounds of Tobacco and Cask or four years Service for every Negro so lost or dead CIII Cruelty of Masters prohibited WHereas the Barbarous usage of some Servants by cruel Masters brings so much Scandal and Infamy to the Country in general that people who would willingly adventure themselves hither are through fear thereof diverted and by that means the supplies of particular men and the well-seating of his Majesties Country very much obstructed Be it therefore Enacted That every Master shall provide for his Servants competent Diet Clothing and Lodging and that he shall not exceed the bounds of moderation in correcting them beyond the merit of their offences and that it shall be lawful for any Servant giving notice to their Masters having just cause of complaint against them for harsh and bad usage Servants too rigorously dealt withal or wanting Necessaries may make complaint to the Commissioners or else for want of Diet or convenient Necessaries to repair to the next Commissioner to make his or their Complaint and if the said Commissioner shall find by just proof that the said Servants cause of Complaint is just the said Commissioner is hereby requied to give order for the Warning of such Master to the next County Court where the matter in difference shall be determined and the Servant have remedy for his grievance CIV Against Vnruly Servants VVHereas the Audacious Unruliness of many Stubborn and Incorrigible Servants resisting their Masters and Overseers hath brought many Mischiefs and Losses to divers Inhabiâ—ants of this Country Be it Enacted and Ordained One Years Service to be given for striking a Master or Mistriss That â—â—e Servant that shall lay violent hands on his or her Master Mistriss or Overseer and be Convicted thereof by Confession or Evidence of his Fellow Servant or otherwise before any Court in this Countrey the same Court is hereby Required and Authorized to Order such Servant to serve his or her Master or Mistriss or their Assigns One year after his or her time by Indenture or Custom is expired Be it Enacted That no Person or persons whatsoever for any Offence committed shall be adjudged to serve the Country as Collony Servants CV Against Trading with Servants WHereas divers ill-disposed Persons do secretly and covertly Truck and Trade with other Mens Servants and Apprentices who to the great injury of their Masters are thereby induced and incouraged to Steal Purloyn and Imbezle their Masters Goods Be it therefore Enacted No Person shall Trade with Servants without License or Consent of their Masters That what Person or Persons soever shall Buy Sell Trade or Truck with any Servant for any Commodity whatsoever without Licence or Consent of the said Servants Master he or they so offending against the Premises shall suffer One Months Imprisonment without Bail or Mainprize give Bond with Security for his good Behaviour and also shall Forfeit to the Master of the said Servant Four times the Value of the things so Bought Sold Trucked or Traded for CVI. No Tobacco to be Planted after the Tenth of July WHereas it hath been taken into serious Consideration that the Improvement of our only Commodity Tobacco can no ways be effected but by lessening the Quantity and amending the Quality And further That all Stints will prove clearly inconsistent with the being of the Countrey while Maryland remains a distinct Government unless of such a Nature as may produce both the aforesaid Effects without Abridgement of any Mans Endeavours or confining him to any set Number of Plants for which cause the Assembly hath Enacted That no Tobacco be Planted after the Tenth of July The Penalty of Transgressing this Act. And that whosoever shall directly or indirectly Plant or Re-plant or cause to be Planted or Re-planted any Tobacco after the said Tenth of July shall Forfeit Ten thousand Pounds of Tobacco to the use of the Publick CVII No Seconds or Slips ANd be it further Enacted That what Person or Persons soever shall tend or suffer or cause to be tended any second Tops or Slips shall Forfeit Ten thousand Pounds of Tobacco to the Publick Be it furthr Enacted That what Person or Persons soever shall Save Pack or Sell or Send away any Ground Leaves which are hereby required to be totally supprest shall forfeit for every Hogshead proved to have the Quantity of Five Pounds of Ground-Leaf Tobacco in it Ground-Leaves of Tobacco shall not be pack'd up for Sale Five thousand Pounds of Tobacco to the use of the publick And it is further Enacted That the Grand Jury shall take particular care of the Observation of this Act and shall make due Presentment to the County Courts of any such as shall Plant or Tend any Tobacco contrary to the tenor hereof CVIII Improvements of Staple Commodities VVHereas the uncertain Value of Tobacco the Unstapleness of the Commodity and the probability of its Planting in other places threaten this Countrey with the danger of an unavoidable ruin which must in time fall upon it by the increase of the makers of it among our selves who have already so glutted all Markets that great quantities are yearly left in the Country and that which is sent out sold at so mean and inconsiderable a Rate as neither Merchant nor Planter can well
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
be held for fraudulent and of no force to the barring the Claim of any Creditor in this Countrey X. An Act for Defendants in Appeals to give in Security to answer the Appeal WHereas by the Laws of this Countrey all Appelants from any Court are bound to Prosecute their Appeals but the Defendant left at liberty without Security for his Appearance All Defendants in Appeals shall give Bail for their Appearance Be it therefore Enacted That henceforth all Defendants in Appeals shall give Bail for their Appearance as in case of Arrests and the Sheriff and Bail to be responsible for Non-appearance as in case of Arrests XI An Act concerning Servants brought in under Sixteen years of age WHereas by act of Assembly the several Courts are appointed Judges of the age of Servants coming in without Indentures Servants brought in without Indentures what to be done in that Case but no time limited after their arrival for the bringing of them to those Courts Be it therefore Enacted That every Master buying or bringing in a Servant without Indentures shall be and hereby is enjoyned to carry him to the Court within four Months after he hath bought him when the best Judgment may be given of his Age or else the Servant shall not serve any longer than those of Sixteen years are to serve by the Custom of the Countrey XII An Act for Mulatto Children being bound or free according to Condition of the Mother WHereas some doubts have arisen whether Children got by an English Man upon a Negro Woman should be Slaves or Free Be it therefore Enacted and Declared by this present Grand Assembly That all Children born in this Countrey Fornication with a Negro-Man or Woman punishable shall be held Bond or Free according to the condition of the Mother and that if any Christian shall commit Fornication with a Negro Man or Woman he or she so offending shall pay double the Fines imposed on Fornication by the former Act. XIII An Act declaring VVomen-Servants Tythable WHereas divers persons purchase Women-Servants to work in the Ground that thereby they may avoid the payment of Levies Be it therefore Enacted Woman-Servants working in the Ground Tythable That all Women-Servants whose common Imployment is working in the Ground shall be reputed Tythable and Levies paid for them accordingly and that every Master of a Family not giving an accompt of such in his List of Tythables shall be fined as for other Concealments XIV An Act ascertaining Damages upon Bills protested Vide Act 18th Anno 1666. XV. An Act impowering Counties or Parishes to make By-Laws WHereas some particular Inconveniences may happen in a respective County or Parish which cannot well be concluded or remedied by a General Law It is therefore Enacted By-Laws to be obeyed by the Inhabitants of the said Counties That the respective Counties and the several Parishes in those Counties shall have and hereby are impowered to have liberty to make By-Laws for themselves which Laws so constituted and approved by the Major part of the said Counties or Parishes shall be binding upon them as fully as any General Act. XV. An Act for building a Town Vide Act 5th 1680. XVI An Act for the Imposition of 2 s. per Hogshead WHereas the Kings most Excellent Majesty hath been graciously pleased by his Instructions to the Right Honourable Sir William Berkley bearing date the 12th day of September 1662 Two Shillings to be paid for every Hogshead of Tobacco Exported Vpon default to be confiscated to confirm the Imposition of Two Shillings imposed by a former Act of Assembly upon every Hogshead of Tobacco exported out of this Collony with the Limitations offered to his Majesty by his Majesties Council of Trade for the Plantations Be it therefore Enacted by this present Grand Assembly That the Limitations of the said Order of his Majesties Council for Plantations be strictly observed And that no Merchant Master Mariner or any person or persons that shall receive and Ship on board any Ship Vessel Barque Sloop or Boat any Tobacco before the said Imposition of Two Shillings per Hogshead be duly paid in Moneys or in the value thereof in Goods or Merchandizes unto the Collector or Collectors appointed by the Right Honourable the Governour and due Certificate or Cocquet from him or them received And in Case any Master shall receive any Tobaccoes on board without such Cocquets or Certificates first had from the said Collector or Collectors all such goods to be Confiscated to the use of the Publick XVII An Act concerning Castle Duties WHereas the Act of Assembly enjoyning each Master of a Family to provide a certain quantity of Powder and Shot for each Tythable in his Family is rendred altogether ineffectual unless a Means be prescribed how such Powder should be procured Be it Enacted and Ordained by this present Grand Assembly That for the better Supply of the Countrey All Masters of Ships and Vessels may pay their Fort Duties in kind viz. Half a Pound of Merchantable Musquet Powder and Three Pound of Leaden Shot for each Tun their Ship or Vessel is of Burthen to the Captain of the Fort. The Masters of Ships may pay their Fort Duties in Musquet Powder and Shot And that the said Captain of the Fort shall be paid for what the said Powder and Shot shall amount to out of the Impost of 2 s. per Hogshead in Bills of Exchange at the rate he received it from the Masters viz. at One Shilling per Pound Powder and Two Pence per Pound Shot And it is further Enacted That if any of the Masters of Ships or other Vessels shall not pay their respective Fort Duties of Half a Pound of Powder and Three Pound of Shot and Six Pence per Poll all of them in their very kinds that then the said Masters shall pay the same to the said Captain of the Fort or in his Absence to his Attorney or Attorneys in Money or good Bills of Exchange any other Act to the contrary notwithstanding XVIII An Act Imposing a Tax upon Horses Repealed by the Second Act of Assembly Anno 1665. XIX An Act for Incouragement to Build Vessels Repealed by Act 15. 1666. XX. An Act for Handy-craft-men to pay Levies VVHereas the necessity of the Countrey requires the laying upon it extraordinary Taxes at present Handy-crafts-men shall pay Levies Be it therefore Enacted That the former Act exempting Trades-men and Handy-crafts-men from paying Levies be suspended for Five years and they to pay as formerly XXI An Act concerning Hides VVHereas the Act restraining the Exportation of Hides lays the Penalty only upon the Buyer and therefore produced not the Effect intended thereby which was the supply of the Countrey with Leather Be it therefore Enacted That whosoever shall sell or otherwise dispose of any Hides contrary to the intent of the â—ormer Act Such as sell Hides for Exportation fined 1000 l. of Tobacco for every Hide so sold
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
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
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-County-Courts county-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
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
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-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