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
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
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
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
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
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
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