been and still is the constant Endeavours of this Assembly to give all possible Encouragement to Merchants and Traders into this Collony and hath hitherto left the receiving or refusing their Debts to their own-discretions without other restrictions to them or liberty to the Planter then this That if by the last of January the Creditor did not demand his Tobacco it might then be lawful for the Debtor to dispose of it leaving the Debtor still liable to be sued that year for Security for his Debt Upon which divers persons for their private advantages did omit the demanding of the Tobacco in time and thereby rendring the Planter uncapable of disposing of his Tobacco or clearing himself from the Engagements For redress of which inconveniences Creditors to demand and receive their Tobacco by the last of January Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof That if the Creditor refuse or omit to demand and receive his Tobacco by the last of January that then it shall be lawful for the Debtor at any time between that and the Twentieth of February to address himself to the two next convenient Justices of the Peace who are hereby required and impowered to appoint three honest and able Men of the Neighbourhood on their Oaths to view the Tobacco And if they find it legally Merchantable whether Old or New then to weigh and mark it for the use of the Creditor on whose account the Tobacco so viewed and approved as aforesaid shall after lie the Debtor still endeavouring to secure it as before the Tender and the Debtor upon producing the Certificate of the said Tender from the said Justices to the next Court Difference between Debtor and Creditor whether the Tobacco tendered be merchantable or not to be decided by an Vmpire that Court shall by their Order discharge the Debtor from his Debt provided the Tender be made in place according to Specialty And it is further Enacted by the Authority aforesaid That in Case of Difference between the Debtor and Creditor or his Attorney if either of them be present whether the Tobacco tendered be merchantable or not then two Commissioners as aforesaid are hereby impowered to appoint a third person as an Indifferent Umpire to determine the difference between them III. An Act for Altering the Day of the General Court WHereas the Right Honourable the Governour and Council for divers Reasons them thereunto moving have desired that the General Court beginning by the present Act the Twentieth day of March may hence forth be held the 15th day of April The General Court to be held on the Fifteenth of April It is Enacted by this present Grand Assembly and the Authority thereof That the said Court be not hereafter held upon the 20th day of March but upon the 15th day of April as by this Act is Provided and Confirmed IV. An Act for repeal of the Act preparatory to a Stint VVHereas the Act preparatory for a Stint or Cessation imposed a Rate upon Wheat of Three Shillings or Thirty Pounds of Tobacco per Bushel The Governour Council and Burgesses of this Assembly considering the Low Prizes Tobacco hath been purchased at and lest the Creditor should draw the price there set into president have thought fit to Enact and do Enact by the Authority thereof That the said Act be to all intents and purposes repealed and made void and null At a Grand Assembly held at JAMES CITY October 23d Anno 1680. I. An Act for a Cessation The Act for Cessation of Planting Tobacco from the First of February 1666 to the First of February 1667 declared to remain in force WHereas at an Assembly held at James City the Fifth of June 1666 it was Enacted That a Cessation from Sowing Setting Planting or Tending Tobacco from the First of February 1666 until the First of February 1667 should be established in this Countrey of Virginia in case the Province of Carolina should give their assent to the same as the Province of Mary-Land by their Act of Assembly had engaged to do Both their said Acts of Assembly of Mary-Land and this Countrey impowering certain Commissioners to treat and conclude of the best means of security for putting the said Acts into effectual execution By vertue whereof the Commissioners in the said Act nominated and appointed did upon the Tenth day of July following meet at James-City and then and there concluded and agreed upon certain means and ways for putting the said Acts into effectual practice and for the prevention of all frauds and deceits that might be practised therein as by the Articles there made more fully doth appear At which Meeting the Commissioners of that Province of Carolina did also oblige themselves that the Province of Carolina should by an Act of their Assembly confirm the Agreements aforesaid and transmit the said Act to the honourable Governours of Virginia and mary-Mary-Land by the last of September next ensuing But whereas by reason of the said Provinces then Engagement in repelling the Assaults of the adjacent Indians that their Acts though fully at their Assembly confirmed could not be sent to Virginia and Mary Land by the time in the Articles agreed upon For which cause the Governour and Council of Mary Land though they still acknowledge the Act it self for a total Cessation from Planting as aforesaid to remain in its full force and in pursuance of the Establishment thereof have caused a Proclamation to issue requiring and commanding all persons in the said Province to yield conformity and due obedience thereto of which to testifie their full intents of executing the said Act transmitted a Copy to the Right honourable the Governour of Virginia yet in his Letter declaring That by reason of the said Act of Carolina's not coming to them by the time in the Treaty prefixed They conceived that all the Articles in the said Treaty containing the means to have the Act assuredly and without fraud put into practice became void And for that cause another Treaty must of necessity be required which Reasons the Governour Council and Burgesses of this Grand Assembly taking into their serious Consideration have Enacted and Declared and by these Presents do Enact and Declare That the aforesaid Act of the Fifth of June prohibiting the Sowing Setting Planting or Tending Tobacco from the First of February 1666 until the First of February 1667 is and remains in full force and is hereby Ratified and Confirmed And all persons are required to take notice thereof and yield their due obedience thereunto For the surer Establishment thereof the Commissioners in the aforesaid Act nominated and appointed or so many of them as are there required are hereby again impowered and desired to renew the former Treaty with the Commissioners of Mary Land and to re-establish the Articles in the former Treaty agreed upon and concluded the Grand Assembly hereby obliging themselves That the Publick Faith given by
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-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-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
be borne and allowed by the Publick and for the lessening the charge heretofore brought for transporting provisions and the better and more sure providing the same Be it Enacted by the Authority aforesaid that each Souldier be allowed such Proportions of Corn and Meat as is set down in the before recited Law and that Collonel William Bird as undertaker in this Present Assembly do forthwith begin and all along continue from four months to four months Persons intrusted to make Provision for the Souldiers belonging to the Garisons to provide and furnish the provision and Corn for the Garrisons and Souldiers at the head of James River and deliver the same so convenient to the Garrisons as that the same may be conveniently secured and fetcht in by the Souldiers thereof without further charge to the Country Their Allowanâ—â— For which Provisions he the said Colonel William Bird shall be paid and allowed by the publick after the rate of two Thousand pounds of Tobacco and Cask per Annum for each Souldier at the said Fort and that Captain John Langhorn as Undertaker in this present Grand Assembly make like Provisions and delivery thereof for York River Fort and have like pay from the publick and that Robert Beverly as Undertaker in this present Grand Assembly make like Provisions and Delivery thereof for Rapahannack River Fort and have like pay from the publick and that the Rules in the former Law be observed for providing Provisions for Potomack Fort and because by Reason of the Poverty of this Countrey the number of Souldiers appointed for each Garrison at the Countreys charge is so few and that in all likelyhood there may be found emergent Occasion to Reinforce each Garrison with one or more Souldiers his Excellency is humbly Requested as he shall see cause from time to time to place in each Garrison such Number of his Majesties Foot-souldiers now in the Countrey as from time to time shall be thought fit and needful and for such Souldiers so placed their Allowance of Provisions shall be from time to time made and provided at the Countrys charges as is proportioned and allowed for the other all such Souldiers being furnished and supplyed with his Majesties Arms and Ammunition and provided with their own Bedding to be carryed to such Garrison at the charge of the countrey and to the end such Provisions as aforesaid may be always ready and at hand it is hereby Enacted by the Authority aforesaid that every Undertaker hereby and herein in this Act nominated do for the first four Months and for every other succeeding four Months provide and lay in for each Garrison five Months proportionable Allowance and also from time to time furnish such other quantities proportionable and for each such Supernumerary Souldier as shall be sent according to the time such Souldiers shall be continued there Five Months Provisions in each Garrison and as the said Undertakers shall from time to time receive Notice thereof and Direction for the same from each Respective Commander in chief for such Garrison as he hath Undertaken for and for such Provisions he shall be paid by the publick according to the Rates before mentioned Provided always and his Excellency is desired if he see cause to draw off ten of the Souldiers from each Garrison for the ease of the Country supplying the same with ten of his Majesties Souldiers at each Garrison and such ten to have the Horses Arms and Furniture of those that shall be withdrawn V. An Act for Cohabitation and Encouragement of Trade and Manufacture THis present General Assembly having taken into their serious consideration the great necessity usefulness and advantages of Cohabitation in this his Majesties Colony of Virginia and observing and foreseeing the great extremities his Majesties Subjects here must necessarily fall under by the present and continued Lowness of the price of Tobacco the only Commodity and Manufacture of this Countrey if the same be not by all prudential wayes and means prevented and considering that the building of Store-houses for the reception of all Merchandizes imported and receiving Securing and laying ready all Tobaccoes for exportation and for Sales and disposal of all Goods Merchandizes and Tobaccos imported or exported into or from this his Majesties Colony of Virginia will be one great means of advancement thereof do pray your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majestie by and with the Consent of the General Assembly and it is hereby Enacted by the Authority aforesaid Fifty Acres of Land in each County shall be set apart to Erect Store-houses upon for the use of the said County that thereby within two Months next and imediatly after publication hereof in every respective County within this his Majesties Colony fifty Acres of Land purchased by the Feoffees of the several Counties at the rates herafter set down and measured about laid out and appointed for a Town for Store-houses c. for such County as is hereafter set down and Expressed that is to say Places in each County where the said Store-houses shall be built In Henrico County at Verina where the Court-house is In Charles-City County at Flower-de-hundred over against Swynyards In Surry County at Smiths Fort. In James-City County at James-City In Isle of Wight County at Pates-field at the parting of Pagan Creek In Nanzemund County at Collonel Dues Point alias Huffs-point In Warwick County at the mouth of Deep Creek on Mr. Mathew's Land In Elizabeth-City County on the West-side Hampton River on Mr. Thomas Jarvis his Plantation where he now lives In Lower Norfolk County on Nicholas Wise his Land on the Eastern Branch of Elizabeth River on the Entrance of the Branch In York County on Mrs. Redds Land where the Shipp Honours Store was including the Low Beach for Landing Wharfes c. and the Old field where Webber dwelt for Cohabitation In new Kent County at the Brick-house along the high Land in the old field from Marsh to Marsh In Glocester County at Tindalls Point on Tindalls Creek side on John Williams his Land In Middlesex County on the West-side of Ralph Wormleys Esquire his Creek against the Plantation where he now lives In Rappahannack County at Hobbs his hole In Stafford County at Peace point at the mouth of Aquia on the North-side In Westmorland County at Noming on the Land of Mr. William Hardridge In Accomack County at Colverts Neck on the North-west-side at the head of Anancock Creek In Northampton County at the North-side of Kings Creek beginning at the mouth and so along the Creek on the Land belonging to Mr. Secretarys Office In Lancaster County on the North-side Corotomen River against the place where the Ships ride on a point of Land belonging to Mr. Edward Carter about a quarter of a mile up the Creek which divides Mr. Thomas Chewnings and the Court-house In Northumberland County at Chickacony And Be it forther Enacted by the
Authority aforesaid and it is hereby Enacted That the price to be paid by each County for each respective Fifty Acres of Land nominated as aforesaid shall be ten thousand pounds of Tobacco and Cask which summ the Owner or Owners thereof shall be and are hereby constrained to accept What price the County shall pay for the said fifty Acres of Land take and receive as a full and valluable price and consideration for the said Land for ever and for which he shall pass and acknowledge an authentique Deed in Law to such person or persons his or their heirs and assignes for ever as shall be nominated by the Justices of the County-court as Feoffees in trust and to and for the use of the County And for Encouragement of all and every such person and persons as will build a dwelling House and a Ware-house thereupon every such person and persons shall have assigned him or them by the Justice or Justices of the County Feoffee or Feoffers in the Deed named or in case of the Death or absence of one or more of them then by such other as shall be appointed by the Court Encouragement to such as will build a Dwelling house on the aforesaid Land one half Acre of the said Land in Fee-simple he paying to the County one hundred pounds of Tobacco and Cask and building such Dweling-house and Ware-house thereupon as by this Act is enjoyned and in case any person shall desire more then one half Acre that then there be assigned him one half Acre more in manner aforesaid he building thereupon one other Dwelling-house and one Ware-house and paying the County one hundred pounds of Tabacco and Cask for the same And it is hereby further Enacted that every such person or persons as shall desire and purchase such Lands as aforesaid and shall not begin to build thereupon within three Months after such purchase and so continue to the finishing such building as by this Act is enjoyned shall forfeit all such Tobaccos and Land the same to revert to the County so as to be Sold and assigned to any other person or persons desiring the same on the prices Conditions aforesaid And it is hereby further Enacted that the Surveyor or Surveyors appointed to lay out the said fifty Acres in the several appointed places Surveyors of the said Land shall be paid by the Publick Their Allowance be paid and allowed by the Publique according to Act of Assembly and that every Surveyor for Laying out every Dividual half Acre and giving a Plot thereof shall be paid by him that shall imploy him twenty pounds of Tobacco and Cask and no more And such Surveyor as upon timely notice given him shall refuse to survey and lay out the same or shall demand more then what is herein allowed upon due proof thereof made shall pay to the party agrieved five hundred pounds of Tobacco to be recovered by Action of Debt in any Court of Judicature And be it further Enacted by the Authority aforesaid and it is hereby Enacted that all Tobaccoes whatsoever which shall be made within this his Majesties Country from and after the first day of January next ensuing All Tobaccoes and other Goods and Merchandizes what ever of the growth of this Colony to be exported shall be brought to the places aforesaid and all other Goods and Merchandizes whatsoever of the growth of this Colony to be Exported shall be brought to the said appointed places where all such Tobaccoe and all Goods and Merchandizes whatsoever of the growth or production of this Colony are to be bought sold Shipt off and freighted and whosoever shall presume to Buy Sell freight or Ship off any Tobacco or other Goods and Merchandizes aforesaid next after the time aforesaid before the same is brought to such appointed places upon due proof thereof made shall forfeit and lose all such Tobacco or other Merchandizes whatsoever one half to his Majestie and the other half to the informer any Law Usage or Custom to the Contrary notwithstanding And all Goods Wares English Servants Negroes and other Slaves and Merchandizes whatsoever that shall be imported into this Colony Goods Imported shall be Landed and sold there from or after the 29th Day of September which shall be in the year 1681. shall be landed and laid on shoar bought and Sold at such appointed places as aforesaid and at no other place whatsoever under like penalty and forfeiture thereof Provided alwayes that it shall and may be Lawfull for any person whatsoever to have liberty to buy and Sell between themselves any Horses Mares Cattle Horses Cattle English graine c. and other Provisions excepted Sheep Corne English graine or any other manner of provisions whatsoever and also liberty to carry Hides to the Tanners where the Tan-houses are any thing in this Act to the contrary notwithstanding And to prevent Exactions that may be used by Sloop-men who must necessarily be imployed to bring the said Tobaccoes to the said appointed places and for the Owners of Ware-houses for Storage thereof it is hereby Enacted that the Owner of the Tobacco bringing the same to the Waterside where it is to be taken on Board Prices appointed for sloop-hire from the said Warc-houses shall pay for Sloop-hire no more then Twenty Pounds of Tobacco and Cask for each Hogshead if the said Tobaccoes be within thirty miles of the said Ware-house to which it is to be brought and at what distance soever further forty pounds of Tobacco and Cask for each Hogshead and no more upon penalty of forfeiting one hundred pounds of Tobacco and Cask for each Hogshead by him who shall demand receive or take more to the use of the Party grieved and for Storage of any Hogshead of Tobacco in any Ware-house the Owner thereof shall pay to the Ware-house-keeper ten pounds of Tobacco for the first day or for a Month and for every month after six pounds of Tobacco and no more And whereas there are several persons who are so Remote from Landings proper for taking their Tobaccoes on Board the Soops or Boats for Transporting the same to the appointed places It is therefore hereby further Enacted that in case any Person or Persons Owners of such Lands which shall be convenient to build a house upon convenient for securing such Tobaccoes until the same can be shipped shall refuse to build such house for securing such Tobaccoes as aforesaid that in sucb cases liberty be granted and liberty is hereby granted to any person or persons whatsoever for so much Land as he or they may conveniently build such fitting house upon for securing such Tobaccoes as shall be brought thither in order to transporting the same to the Ware-houses appointed by this Act he or they who shall desire the same and build thereon according as by this Law is intended paying to the Owner thereof such Price and Prices as are set down and ordered to be paid in the
time Servants coming in without Indentures shall serve Page 146. An Act concerning Servants sold for the Custom Page 180. Seizure Seizures of Tobaccoes due to the Publick regulated Page 203. No Seizure shall be made of Tobacco while in the County-Warehouse for Publick County or Parish Levies Page 265. Siezure to be made of Iron Wooll Hides c. shipped for exportation Page 288. Shooting No person shall Shoot or Range upon anothers Land without leave of the Proprietor Page 54. Shooting off Guns at Drinkings or Marriages forbidden Page 85. Shoes Rates to be allowed for Shoes Page 82. Sheriffs Sheriffs to Impannel Juries Page 20. One of the Commissioners of each County shall be chosen Sheriff thereof Page 34. Sheriffs shall hold their Office the term of One whole Year and no longer ibid. Under Sheriff ibid. Sheriffs not making timely Returns fined 1000 l. of Tobacco Page 35. Sheriffs Return of â—a Non Est Inventus Page 36. Sheriffs shall give Security to the County Commissioners for the faithful discharge of their Office Page 45. Sheriffs Fees Page 103. The Penalty of Sheriffs making false Returns Page 105. Sheriffs neglecting to take Bail or consenting to the Escape of the Prisoner shall pay the Award of the Court and be fined 1000 l. of Tobacco Page 154. Sheriffs to be fined for concealing Tythables Page 219. Ships and Vessels Fifty Pounds of Tobacco per Tun allowed by the Publick for all Vessels built in this Collony Page 81. Masters of Ships shall take in Four Months Provision Page 89. Shall give sufficient Allowance of Diet to Passengers and take care that Poor Servants have good Lodging ibid. Masters of Ships shall give an Account of their Freight upon Oath to the Collectors of the Imposition of 2 s. per Hogshead Page 91. Masters of Ships concealing any part of their Freight fined 100 l. Sterling ibid. Masters shall give an Account of the Burthen of their Vessels and a List of their Passengers to the Collectors of Castle Duties Page 94. Ships arriving in James River shall be brought up to James City Page 95. Such Vessels as belong solely and wholly to the Inhabitants of this Collony freed from payment of the 2 s. and 10 s. per Hogshead Page 96. Ships permitted to ride in any part of the River where they may most conveniently unload Page 158. What Fees shall be taken for Vessels built in Virginia and belonging wholly to the Inhabitants thereof Page 201. An Act ascertaining Collectors Fees for Entring and Cleering Ships Page 240. All Ships or Vessels whatever coming to this Collony shall for every Tun Burthen pay half a Pound of Powder and Three Pound of Shot or 1 s. 3 d. Money in lieu thereof Page 255. Six pence per Poll payable for all persons Imported Mariners excepted ibid. Silk Fifty Pound of Tobacco allowed by the Publick for every pound of Wound Silk Page 80. Encouragement to make Silk Page 164. Slaves Slaves Resisting when corrected if they chance to be killed their death shall not be accounted Felony Page 161. All Servants Imported not being Christians shall be Slaves during life Page 172. But those that come by Land for a time limited ibid. Store-houses Fifty Acres of Land in each County shall be set a-part to Erect Store-houses upon for the use of the said County Page 261. Places appointed in each County where they shall be built ibid. What Price the County shall pay for the said 50 Acres of Land Page 262. Encouragement to such as will build a Dwelling-House on the aforesaid Land ibid. The Surveyors of the said Land shhll be paid by the Publick Page 263. All Tobaccoes and other Goods and Merchandizes whatever of the growth of this Collony to be Exported shall be brought to the County Ware-houses ibid. Goods Imported shall be landed and sold there ibid. Persons dwelling in the said appointed places have liberty to sell their Tobaccoes at any time Page 266. Sunday to be kept holy 6. Divine Service and Preaching shall he diligently attended ibid. Suits What Damages are allowed in case of Litigious Suits Page 170 Supersedeas Shall be granted only by the Governour and two of the Council Page 32. Surveyors of Land What Prices shall be allowed to Surveyors of Land Page 57. No Surveyor shall give a Plot of any Land surveyed by him till six Months after the drawing thereof Page 58 Surveyors Fees ascertained Page 145. The Fees formerly allowed to Surveyors doubled ibid. Surveyors refusing to measure Land at the Rates appointed to be fined ibid. Swamps and Marshes Who may take up Swamps and Marshes Page 183. The Method to be followed therein Page 184. T A Tann-house to be Erected Page 81. Timber An Act restraining the Impress of Timber Page 221. Persons empowered to impress Timber shall first make Composition or Agreement with the Owners thereof Page 222. Two Men of the Neighbourhood shall value Timber to be impressed for Publick service in case the Owner be unreasonable in his Demands ibid. Tythables How the Lists thereof shall be taken Page 40. Each County shall be divided into several Precincts for the more exact discovery of Tythables ibid. Tâ—â—bâ— Duties shall be paid for every Tythable person concealed ibid. What Persons are Tythable Page 41. Who are liable to the payment of Taxes and who are exempted ibid. Women Servants working in the Ground Tythable Page 111. An Act for the more exact Discovery of concealed Tythables Page 121. Masters of Families fined who shall conceal Tythables in their Families ibid. Lists of Tythables shall be put up at the Court Dâ—â—r Page 168. Persons appointed by the County Courts shall take Lists of Tythables Page 178. An Act allowing Free Tythables to divers persons repealed Page 205. Every Forty Tythables shall be assessed to fit and set forth One Horseman well Armed Page 230. Provision to be allowed such Man and his Horse for four Months Page 231. The Militia Officers of each County to proportion a division of the Tythables in their said Counties ibid. Negro-Children imported shall not be accounted Tythable till Twelve years of Age Page 269. Christian Servants imported shall not be Tythable till Fourteen years of Age Page 270. Tobacco Tobacco due shall be demanded betwixt the Tenth of October and the last of January Page 62. No Tobacco to be planted after the Second of July Page 78. No Seconds or Slips ibid. Ground-leaves of Tobacco shall not be Packed up for Sale ibid. The Inhabitants of Northumberland and Westmorland-Counties shall give an account how many Hogsheads of Tobacco they made and to whom sold Page 92. Creditors to demand and receive their Tobacco by the last of January Page 138. Difference between the Debtor and Creditor whether the Tobacco tendered be Merchantable or no to be decided by an Umpire ibid. The marking of Tobacco alone declared to be sufficient for transferring the property thereof Page 159. An Act limiting times for receipt and payment of publick Tobaccoes Page 202. The Inhabitants of Potomack River and the Eastern Shoar permitted to ship their Tobacco without Certificate Page 240. An Act prohibiting the Importation of Tobacco into this Collony Page 242. Two Shillings to be paid for every Hogshead of Tobacco exported Page 254. Tobaccoes during their Transporting unto and so long as they continue in the County-Warehouses are exempt from any Execution or Attachment for Debts contracted before the making of this Act Page 265. Trade Free-Trade Page 83. Trade permitted with the Indians ibid. But not for Beavor Otter or any ether Furs without Commission ibid. An Act for encouragement of Trade and Manufacture Page 260. Treason Nath. Bacon Junior attainted of High-Treason Page 248. Trespass Satisfaction in case of Trespass Page 59. Damages allowed for Trespass Page 167. V. Vagabonds AN Act for suppressing them Page 181. The Laws of England to be put in Execution against Idle and Vagrant Persons ibid. Vestries appointed Page 3. The Vestry to consist of Twelve Men chose by the major part of the Parishoners ibid. Such as come on the Vestry shall take the Oaths of Allegiance and Supremacy Page 4. Vestries shall take care of the High-Ways Page 61. W. High-Ways THe Justices shall yearly appoint Surveyors of the High-Ways Page 91. High-Ways shall be kept clear and Bridges in good repair ibid. Penalty of Felling Trees on the High-Ways or encroaching upon the same ibid. Warrants At what time Warrants are to be served Page 17. Constables shall obey Commissioners Warrants Page 170. A Weaver To be provided and Loom set up in each County within Two years Page 145. Weights and Measures English Weights and Measures shall be used in this Collony Page 47. Every County shall be provided with Weights and Measures from England ibid. Widows Widow to have one Third of the Estate Debts being first paid the other Two Thirds to be divided amongst the Children Page 49. Estates of persons dying Intestate to be divided into Thirds and the Widow to have her Thirds and choice after the Division Page 129. Widows shall be endowed with a Third part of Estates Real Page 185. Witnesses The Non-appearance of Witnesses finable in case of a Dedimus Potestatem Page 25. Charges allowed to Witnesses ibid. Number of Witnesses limited Page 26. Witnesses Subpoena'd to give their Evidence upon Oath Page 108. Refusal to give Evidence punishable by Imprisonment ibid. Witnesses allowed 30 l. of Tobacco per Diem if they come 20 Miles or upwards to James City Page 193. And Sixty Pound of Tobacco per Diem for their Expences during their Attendance there ibid. Witnesses shall be free from Arrests Page 295. Woolves The Reward for killing of Woolves Page 44. To be paid by the County ibid. County Courts shall make By Laws for Rewarding the killing of Woolves Page 146. The Act encouraging the killing of Woolves Repealed Page 171. Particular Counties Authorized to make By-Laws for the kilâ—â—ng of Woolves Page 210. Wooll Shall not be Exported upon Penalty of Forfeiture Page 285. Woollen Vide Cloth FINIS
Disburssments and Receipts they give a true Account to the Vestry when by them required who are impowered by a former Branch of this Act to levy the same upon the Parish and by this to give the said Church-wardens a sufficient Discharge XVI Registers to be kept by the Ministers or Readers WHereas many Differences do frequently arise about the Age of Orphans and Inquiries are often made for persons imported into this Countrey and here deceased and no positive Certificates can be granted of the Age of one or Death of the other by reason no Registers have been kept which might by the Records there entered evidence the same Births Burials and Marriages to be recorded Be it therefore Enacted That the Minister or Reader of every Parish shall well truly and plainly Record all Births Burials or Marriages that shall happen within the precincts of that Parish in a Book to be provided by the Vestry for that purpose and if any Master of a Family or other person concerned shall omit the giving Notice to the said Minister or Reader of the day of the Birth Death The neglect to be fined or Marriage of any to him or them related the space of a Month such person for such his Neglect be Fined One hundred pounds of Tobacco and that the Ministers have for their Entry of such Birth Death or Marriage Three pounds of Tobacco and if they neglect Entering the same as aforesaid that they be Fined upon discovery made of the said Neglect Five hundred pounds of Tobacco to the use of the Parish XVII Licences for Marriage how to issue ANd whereas many times Licences are granted and the persons are married out of the Parishes which Licences have been usually granted by the Governours whose knowledg of persons cannot possibly extend over the whole Countrey Be it Enacted How Licences for Marriage are to be granted That henceforward all persons desiring Licences for Marriage shall first repair to the Clerk of the County Court and there give Bond with good Security that there is no lawful Cause to obstruct their said Marriage And that upon Receipt of such Bond the said Clerk shall write the Licence and Certify to the first in Commission for that County or such other whom it shall please the Governour to depute that he hath taken a Bond as aforesaid who by vertue thereof shall sign the said Licence and direct the same to the Ministers And to the end that the Legal Grant of the said Licence may be made evident and the Governour ascertained of his just Dues It is further Enacted That the said Clerk shall yearly in September Court return the Names of the parties Married and of the Security to the Secretarys Office there to be recorded Fees for Licences how to be levied And further That he deliver an account of the Fees due for the said Licences to the Sheriff or Collector of the County who is hereby required to collect the same with the Levies and to make payment thereof to the Governour and others to whom they are due And any Clerk making default in any of the premises to forfeit one Thousand pounds of Tobacco to the use of the Governour the Fees for the Licences to be as followeth viz. To the Governour Two hundred Pounds of Tobacco or Twenty Shillings Sterling To the Clerk for writing the Bond Licence Certificate and returning the same to the Office Fifty Pounds of Tobacco The Fees ascertained And to the Secretary for recording the same in the Office as aforesaid Forty Pounds of Tobacco and the Minister marrying with a Licence Two hundred Pounds of Tobacco or Twenty Shillings Sterling if by Banes Fifty Pounds of Tobacco or Five Shillings XVIII Provision for a Colledge WHereas the want of able and faithful Ministers in this Countrey deprives us of those great Blessings and Mercies that always attend upon the Service of God which want by reason of our great distance from our Native Countrey cannot in probability be always supplied from thence Be it Enacted That for the Advance of Learning Education of Youth Supply of the Ministry and Promotion of Piety A Colledge and Free-School there be Land taken up or purchased for a Colledge and Free School And that there be with as much speed as may be convenient Housing erected thereon for entertainment of Students and Scholars Whereas an ancient Practice of this Countrey Lands of persons Intestate hath contrary to Law and Reason ignorantly vested the Lands of persons intestate in the hands of Administrators of whom divers persons have purchased and hold their Lands by no other Titles than such Sales which can be of no validity against the Claim of the King whom no time can prescribe and to whom if an heir appear not the Land must of necessity devolve And if the King should at any time give express Order to an Escheator to make enquiry into the Titles we hold by the said Escheator cannot by vertue of his Office but find all such Lands for the King Which we Francis Morison and Thomas Ludwel who are at present Intrusted by his Majesties Treasurer to make composition of all Lands so escheated to his Majesty taking into our serious Consideration and out of our tender Care of many poor men who by the loss of Lands thus perhaps dearly purchased and honestly paid for and out of our sense of the many Inconveniences and great Damages would fall upon them by being ousted out of their Possessions by the severity of a too rigorous Escheator And that on the other side we might not seem to debar his Majesty of his just Riâ—es we have thought it convenient to propose a certain Rule for compositions of all Lands held by any pretended Right two years by which while the power is in our hands we shall proceed and if the Assembly think it a Favour we shall joyn with them making it our request to Major Norwood his Majesties Treasurer to get his Majesty to confine them that no succeeding Escheator may at his pleasure rigorously exceed these our moderate and reasonable Demands 1. We concede that any person haying been two years in possession of any Land that ought to have been vested in his Majesty by Escheat shall pay for his Composition but One Hundred Pounds of Tobacco for every fifty Acres besides the Fees for finding the Office and drawing the Conveyance 2. That every person having been so in possession two years as aforesaid shall have Eight Months time to Petition for and make their Composition But if they defer it longer and another sue for it and obtain it they can impute the Blame to nothing but their own Neglect 3. That where there is a Widow she shall enjoy the Land of her Husband during her life and be admitted in the first place to make her Composition for the Fee-simple in case she signifie her desire within the time aforesaid 4. That all Lands Escheated before the two years
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
of the small Estate they have without diminution of the Principal which whether great or small always to be delivered to the Orphan at the years appointed by Law That all Cattle Horses and Sheep be returned in kind by the Guardian according to the age and number when as he received them Cattle Horses and Sheep shall be returned in kind and because several had before the first making of this Act Estates of Orphans in their hands which they kept for the male increase and giving the yearly Accompt of the augmentation or diminution of the Orphans Stock which by the carelessness or wickedness of the Guardians was usually consumed before they came to age and disputes thereupon arise in the several Courts how such persons should be proceeded with and Accounts of Orphans Estates how to be given them it is hereby declared That all persons possessed of Orphans-Stocks before the first making this act shall be bound to deliver to the Orphan when he comes to age such and so many of any kind as he was possest of when he gave his account to the next Orphans Court succeeding the Publication thereof That all Plate and Money be preserved and delivered in kind according to the weight and quantity Plate and Money shall be also returned in kind other Houshold-Stuff shall be appraised and sold that other Houshould Stuff and Lumber be apprized in Money and the value thereof paid by the Guardian to the Orphan when he comes to age in the Country Commodities at the price currant as it shall be worth at the time in the place where the Orphan Estate is managed That the Court take able and sufficient security for Orphans Estates and enquire yearly of the Security and if the Court see Cause to have it changed and called in and placed as the Court shall think fit the said Court to inquire also whether Orphans be kept maintained and educated according to their Estates and if they find any notorious defect to remove the Orphans to other Gaurdians and also for those that are bound Apprentices to change their Masters if they use them rigorously or neglect to teach them their Trades That no more be allowed to Guardians for Collecting of Debts due to any Estate than Ten in the Hundred Ten per Cent allow'd to Guardians for collecting Debts due to Orphans the usual allowance of Merchants to their Factors and Attorneys That Thirty Pounds of Tobacco per day be allowed to each Apprizer for Apprizement of any Estate if they will take it and no more Allowance for Appraisement and for Funeral Charges regulated That no allowance be made by the Court of excessive Funeral expences but that a Regulation thereof be made according to the proportion of the Estate and the quality of the person LXVII Orphans Land not to be Aliened BE it also Enacted for the future benefit of all Orphans That the several County Courts do take into their serious Consideration and Care that the Lands in their County belonging to any Orphan be not aliened sold or taken up as deserted Land by any persons during the minority of the Orphan and that the Guardians or Overseers of any Orphan do not Let Set or Farm out any Land belonging to any Orphan for longer Term than until the Orphan be of age and that an especial care be had that the Tenant shall improve the Plantation by planting an Orchard and building a good House and that the Tenant be bound to maintain good Fence about the Orchard and keep the House in sufficient repair Timber upon Orphans Land not to be wasted and the Houses to be kept in repair and leave it Tenantable at his surrender and that Provision be made in the Lease for preventing all waste of Timber or imploying it to any other use then the use of the Plantation LXVIII Grants of Land BE it hereby Enacted That any person or persons claiming Land as due by Importation of Servants shall first prove their Title or just Right before the Governour and Council How persons claiming Land by importation of Servants must prove their Title or produce Certificates from the County Courts to the Secretarys Office before any Survey be made or Grant admitted it being unreasonable that others furnished with Rights should be debarred by Pretence of a survey which in it self is no Title LXIX Deserted Lands BE it also Enacted No Deserted Land shall be taken up by Patent till after the term of Three Years without Order obtained of the Governour and Council That no Patent of Land shall hereafter pass upon pretence that the Land is deserted for want of planting within the time of Three years unless proof thereof be made before the Governour and Council and an Order obtained from them for the Patenting thereof neither shall the first Petitioner for any Deserted Land be denied of having the first Grant he making his Rights appear when he Petitions for the Land And whereas the former Act concerning Deserted Lands reserved to the first taker up his Rights to take up Land in an other Place It is here Enacted That in regard he hath had the benefits of his Rights held the Land in Possession might make use of the Timber without contradiction and yet neither pays the King any Rents nor suffers him to admit any new Tenant that the Rights as well as the Land shall be forfeiâ—ed and the Grantee made incapable of using any of them afterwards Provided That any Person having taken up Land deserted before the making of this Act in November 1652 shall not by Virtue of this Act be outed of Possession LXX Seating upon others Dividends WHereas divers Suits have risen about seating ignorantly upon other Mens Lands Any Person who has built upon Lands supposed his own but upon Survey prove to belong to another shall have the charge thereof allow'd by the right Owner for deciding the same Be it Enacted That if any Person whatsoever hath built or seated upon any Lands supposed his own but proving by a just Survey to belong to another the charge of such building seating or clearing shall by Twelve Men upon their Oaths be indifferently valued and the consideration by the said Twelve Men so adjudged shall be paid by the Owner of the Land to the first Seater that was at the charge but if that shall amount to more than the said Owner is willing to disburse then the said Twelve Men shall make a valuation of what the Land was worth before the Seating thereof Or else shall Purchase the Land Twelve Men upon Oath are to decide any Controversy arising thereupon which the Seator shall accordingly pay to the true Owner Provided always That no consideratien shall be allowed for building or clearing to any Person that shall obstinately persist after lawful warning given him to desist LXXI Not to shoot or range upon other Mens Lands WHereas the Rights and Interests of the Inhabitants are very
by order of Assembly be impowered to receive the said Imposition from every Ship or Vessel enter into security to pay such Collector or Collectors two Shillings for every Hogshead of Tobacco that shall upon any account whatsoever be Shipped on Board his Ship or Vessel to be exported The said Payment either to be made in Money Bills of Exchange or Goods at Thirty per Cent. Advance upon the Price of such Goods at the first Penny and all Freighters to be accomptable to the said Masters for the Tobacco by them Shipped Be it also Ordained and Enacted by the Authority aforesaid Masters of Ships shall give an Account of their Freight to the Collector upon Oath for the discovery of the number of Hogsheads each Ship or Vessel contains that the Master of such Ship or Vessel shall deliver his Boats-swains Book to the perusal of the Collector and make Oath of the Truth of the same so far as he knoweth and that the Mates Boats-swain or any other Sea man be sworn if the Collectors see cause to discover the Truth of the said Freight And if any Master of Ship or Vessel shall wittingly or willingly conceal any part of his Freight from the Collector Masters of Ships concealing any part of their Freight fined 100 l. Sterling and shall thereof be lawfully convicted then the said Master shall forfeit for every such Offence the Sum of One hundred pounds Sterling one Moiety thereof to go to the Informer and the other to the Publick and to be recovered by Action of Debt Bill or Plaint in General Court or County Court by vertue of this Act against which no Assoin Wager of Law or Protection to be allowed to any Person so offending Be it further Enacted and Ordained That if any Masters shall pass Bills of Exchange for the said Imposition that then the Collectors are hereby required to take sufficient Caution of the said Master for the true and good Payment of the same It is hereby also Ordained and Enacted That the Collectors of the several Rivers and Places in Virginia for the Receiving of the said Two Shillings per Hogshead be appointed and confirmed by this present Grand Assembly and give sufficient Security and Caution for the due Execution of the trust thereby reposed in them and to be accomptable to the next Assembly according to the tenor of this Act The Collectors Sallary and the said Collectors to be allowed Ten per Cent. sallery for collecting the said Imposition Provided always and it is hereby Ordained and Enacted by the authority aforesaid That this present Act of Assembly be and remain in force CXXIX Every Inhabitant in Northumberland and VVestmorland Counties to give an Account how many Hogsheads of Tobacco they made and to whom sold WHereas the Imposition of Two Shillings per Hogshead cannot conveniently be levied upon Masters of Ships that come into Potomack River by reason of their Anchoring in the Dominions of the Lord Baltemore whence they send their Sloops and Boats to fetch the Tobacco made in this Country without paying the said Imposition Be it therefore Enacted That every Planter in the Counties of Northumberland and Westmorland shall certify into the Collectors Office or unto his Deputy the number of Hogsheads of Tobacco made by him and his Family and to whom they are sold and shall not suffer any of the said Hogsheads of Tobacco to be carried out of his House until he receive Certificate from the said Collector that the Imposition of the said Tobacco is paid And if any Planter shall contrary to this Act suffer any of his Tobacco to be carried on board any Ship Boat or Sloop without such Certificate then the said Planter to be Fined 20 s. for every Hogshead so carried away without Certificate as aforesaid Whereas the like inconveniences are incident to Northampton County and lower Norfolk in recovering the Impositions of Two and Ten Shillings per Hogshead as to the River of Potomack by reason of the transportation of much of the Tobacco made in those places in Sloops to mary-Mary-Land Be it Enacted That the Provitional Act made the last Assembly for Payment of those Duties in Potomack River extend and be in force in the said Counties of Lower Norfolk and Northampton and that the Collectors appoint certain Persons to take accompt of the Planters according to the tenor of this Act. CXXX Payment of Fort-Duties in Accomack c. VVHereas there is an Act of the last Assembly providing for the securing of the payment of the 2 s. per Hdd. due to the Countrey but no Provision made therein for the securing the payment of Fort Duties of Potomack Accomack and Lyn Haven Three pence per Hogshead payable for Fort Duties in Accomack c. from whence they fetch their Tobacco in Sloops Be it Enacted That the said Act shall extend as well to cause the Planters loading it to reserve and make payment of Three Pence per Hogshead for Fort Duties of the said Tobacco as for the payment of the 2 s. per Hogshead CXXXI Ten Shillings per Hogshead WHereas the prudence of all Nations hath provided for the defraying the publick necessary Charges of the Countrey rather by laying an Imposition upon the Adventurers for the Staple Commodities of the Countrey by the exportation of which the greatest advantage accrues then by taxing the persons of the Inhabitants this present Grand Assembly endeavouring as much as in them lies to ease the burthen of the People and taking into Consideration the great benefit that accrues to other Countreys by the Customs arising from our Commodity Tobacco and that Virginia whose particular Staple it is hath from it nor from the Adventurers hither no publick advantage We have thought it necessary and convenient and accordingly have Enacted and Confirmed That all Merchants Masters of Ships and Mariners trading to Virginia and not bound by Charter-party to return and discharge in any of the English Dominions in Europe shall pay for every Hogshead of Tobacco they shall load aboard any Ship Barque or other Vessel arriving here after the First of August next and not bound as aforesaid Ten Shillings Sterling either in Money or good Bills of Exchange Inhabitants of this Countrey trading on Bottoms belonging to Virginia-Owners freed from payment of the 10 s. per Hogshead with good Caution or in good valuable Commodities at 25 per Cent. Advance Provided always That all Adventurers Inhabitants of this Countrey trading in Bottoms belonging to Virginia-Owners shall be free from the said Imposition it tending to the advancement of Trade here and the incouragement of the Inhabitants to purchase Vessels and of Mariners to make this their place of Residence CXXXII Castle-Duties to be Paid WHereas the Castle-Duties granted by his Majesty to Collonel Francis Morrison Captain of the Fort at Point-Comfort are rendred of no value by the Charge of Boat and hands going to Collect them and the inconsiderableness of the Commodities
that the charge of their Apprehending must be first defrayed That the Two thousand Pounds of Tobacco imposed upon any Magistrate or other Officer that shall neglect the due Prosecution of this Act shall be paid half to the Informer half to the Parishes in the County where he lives Provided always and be it further Enacted That if any of the said persons Quakers or other Separatists shall after such Conviction as aforesaid give Security that he she or they for the time to come forbear to meet in any such unlawful Assemblies as aforesaid that then and from thenceforth such person or persons shall be discharged from all the Penalties aforesaid any thing in this Act to the contrary notwithstanding And be it further Enacted That all Officers of this Countrey be hereby strictly enjoyned to take notice of this Act and to see the same put in due Execution II. An Act concerning the Bounds of this Collony on the Eastern-Shore HIS Majesties Interest on the Eastern Shore of Virginia together with some Concernments of the Lord Baltamores coming into Consideration of the Right Honourable Governour and Council and Burgesses of this Grand Assembly they pretermitting for the present some other of His Majesties Concerns of Land until a fitter opportunity do think fit for the present to Enact And be it further Enacted by the said Right Honourable the Governour Council and Burgesses of this Grand Assembly and the Authority thereof That Publication be made so soon as possible by Coll. Edmund Scarbrough his Majesties Surveyor General of Virginia Commanding in His Majesties Name all the Inhabitants of the Eastern Shore of Virginia from Watkins Point Southward to render Obedience to his Majesties Government of Virginia and make payment of his Majesties Rents and all publick Dues to His Majesties Collony of Virginia And whereas it hath been controverted by some ignorant ill-disposed persons where Waâ—tkins Point the Lord Baltamores Souâ—hermost Bounds on the Eastern Shore is scituate This Grand Assembly by the câ—re and special Enquiry of Five able selected Surveyors and Two Burgesses and on the due Examination thereof conclude the same place of Wattkins Point to be the Northside of Wiccacommico River on the Eastern Shore The bounds of this Collony on the Eastern Shore and near unto and on the South side of the Streight Lymbo opposite to Potuxâ—nt River which place according to Capt. John Smith and Discoverers with him in the year 1608 was so named being the Lord Baltemores Bounds on the Eastern Shore within which Bounds his Majesties Subjects which now are seated are hereby commanded to yield due Obedience at their perils And in case the Lord Baltamores Lieutenants or Deputies shall not be fully convinced of his or their actual or pretended Intrusions This Grand Assembly of Virginia in due obedience making the particular part of Virginia their present care on His Majesties behalf do engage and command Coll. Edmund Scarbrough Mr. John Catlett and Mr. Richard Lawrence or any two of them whereof his Majesties Surveyor General to be one That upon convenient Notice and Assignment of time and place at Monakin or any other part of His Majesties Countrey of Virginia on the Eastern Shore they or any two of them as aforesaid shall give a Meeting to the Lord Baltamores Lieutenants or Deputies or his or their Substitutes as aforesaid the account whereof to be returned to his Majesties Governour and Council of Virginia and debate and determination thereof and in the mean time all the Inabitants on the Eastern Shore as aforesaid are required in his Majesties Name to conform due Obedience to this Act of Assembly Be it also Enacted That the Surveyor General of Virginia aforesaid is hereby commanded and authorized to improve his best Abilities in all other his Majesties Concerns of Land relating to Virginia especially that to the Northward of Forty Degrees of Latitude being the utmost Bounds of the said Lord Baltamores Grant and to give an account of his proceedings therein to the Right Honourable Governour and Council of Virginia III. An Act prohibiting the Exportation of Deer-Skins or Calves-Skins Vide Act 12. Anno 1680. IV. An Act prohibiting the Entertainment of Indians without Badges SInce it is manifest that divers Thefts are committed by Indians on the South side of James River with which the Neighbouring Indians being taxed say and affirm it to be done by the Tuscaroraes and other remote Nations who lying sculking about the English Plantations for private sinister Commerce cannot be so easily discovered and taken by reason that the penalty by Law for Indians coming in without a Badge is laid on the Indians only and not on the English entertaining them No English man shall entertain Indians without Badges Be it therefore Enacted That what Englishman soever shall privately entertain any Indian or Indians of any Nation not having a Badge according to Law shall be liable to the same Censure and Penalty as the Law imposeth upon an Indian for such their illegal coming in and that the Informer or Discoverer thereof shall have half of the said Penalty V. An Act for better payment of the 10 s. per Hogshead Repealed by the 7th Act. Anno 1665. VI. An Act concerning the Salt-VVork at Accomack Repealed by 7th Act. Anno 1666. VII An Act for the exacter Discovery of concealed Tythables WHereas divers Masters of Families notwithstanding the many Laws made to the contrary do conceal some of their Families legally Tythable to a very considerable number as may justly be suspected in the whole Countrey and consequently do enlarge the Taxes of those that do legally conform for Remedy of the like Abuses hereafter Be it therefore Enacted by this Grand Assembly and the Authority thereof That every Master of a Family shall give an exact Account of all Tythable persons in their said Family with their several Names to the next Magistrate appointed to receive the List annually by the 10th of June And in Case any such Master of a Family shall conceal any person or persons of his Family Masters to be fined for concealing Tythable persons in their Families then every such concealed person or persons shall be forfeited to him that shall make it appear unless he was bought after the 10th day of June But if any such concealed person being a Servant hath less than a year to serve or if the person concealed be a Freeman then for every such person the Master of the Family shall forfeit One thousand Weight of Tobacco Provided always That Women Servants be exempted out of this Act which whether they are Tythable or not is referred to the County Court to judge and determine VIII An Act concerning the pursuit of Run-aways WHereas the ordinary way of making pursuit after Run-away Servants by Hues and Cries is by Experience found ineffectual for the recovery of them and the pursuit at the particular Charge of the Master oftentimes impossible for Remedy whereof it is Enacted by this
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
prosecuted at the Charge of the County but most by those Counties where the Offenders dwelt or the Fact was committed for avoidance of which Charge it is probable that many Lewd Livers by a too favourable Censure escape their deserved Punishments Be it therefore Enacted by the Grand Assembly and the Authority thereof That where the person committed hath Estate sufficient to defray the Charge of his Prosecution the Publick or County shall not be charged but the whole paid out of the Delinquents Estate and the Publick and County only then liable to satisfie where no Estate or not sufficient can be found and discovered XIV A Dispensation for Lower Norfolk to ship their Tobacco a private Act. XV. An Act repealing the Acts of Encouragement WHereas the Prudence and Care of the Publick Good in former Assemblies thought fit for the Advance and Promotion of Trade Manufactures and Staple Commodities in the Countrey to grant out of the Publick certain Encouragements for Building of Vessels making of Silk Cloth c. By which means divers people being induced to put the same in practice have by their success made evident demonstrations how beneficial the same will be This Assembly in hopes that all People now convinced of the Profits accruing thereby will of their own accord vigorously prosecute those apparent profitable designs Have therefore for the ease of the Publick Taxes thought fit to Enact and by this Grand Assembly and the Authority thereof All Acts of Encouragement repealed except the Act releasing the Imposition of 2 s. per Hogshead to the Inhabitants rf this Collony it is Enacted That all Acts of Encouragment of Silk Building of Vessels or any other things else henceforth be generally and totally Repealed and Void except the Act for release of the Impost of two Shillings per Hogshead to Inhabitants of this Countrey adventuring in Vessels belonging properly and solely to Virginia-Owners according to the 134th Act of Assembly And moreover That the Act for not planting Mulberry-Trees which every one intending to make Silk now voluntarily propagate be also repealed and made void XVI An Act for Millers to Grind according to Tourne WHereas divers Owners and Keepers of Publick Mills in this Country do refuse to Grind Corn according to Tourne for the Reward and Toll already set and appointed by Act Be it enacted by this Present Grand Assembly and the authority thereof that what person soever Master Owner or Lessee of any Mill shall refuse to grind as aforesaid shall be fined and amerced One Thousand Pounds of Tobacco for every such offence And if the Miller so refusing be a servant he shall be punished at the discretion of the County-Court where the offence shall be committed and complained of unless the said servant can prove that what he did was done by order of the Master which Fine shall be recovered by any person injured by Action of Debt in the Court of that County where the offence was committed XVII An Act Including Sheep in the 77th Act. WHereas the seventy seventh Act concerning the Insufficiency of Fences prohibits any injury to be done to several sorts of Beasts and Cattle amongst which Sheep are not Included It is hereby enacted Sheep Comprehended in the Act concerning insufficiency of Fences that from henceforth Sheep shall be comprehended in the said Act and dammages recovered for any injuries done to them by vertue of the Act aforesaid as for other Cattle is there provided XVIII An Act Ascertaining Dammages upon Protested Bills of Exchange WHereas it appears that many Bills of Exchange drawn upon persons in England by people resident in this Country in confidence that the Goods by them sent might produce effects sufficient to satisfy them which expectation being frustated sometimes by the miscarrying of the Ship sometimes by not sail of the Goods or pretence thereof by the Parties on whom they were drawn causes the said Bills to be protested and by the great dammage of thirty per Cent. Dammages upon protested Bills of Exchange shall not exceed 15. per Cent. given by Act against the Party that charged them is found to tend too much to the detriment and prejudice of the Inhabitants of this Country It is therefore enacted by this Present Grand Assembly and the authority thereof that from henceforth the dammage upon Bills of Exchange protested shall not exceed fifteen per Cent. and that the former Act giving thirty per Cent. be hereby repealed and made void XIX An Act declaring that no Justice shall take Fee VVHereas there is an Act intended for the Relief of poor people that Causes not exceeding the value of twenty shillings sterl or two hundred pounds of Tobacco might be determined by a Justice of the Peace without further suit and whereas Complaint hath been made that some of the Justices have contrary to the good intent of the said Act exacted Fees from the Parties coming before them for Justice to a greater value then the thing sued for amounted to It is enacted by this Grand Assembly the Authority thereof that it shall not be lawful for any Justice of the Peace to receive of any person any Fees for any Cause or Matters brought before him or determined by him XX. An Act declaring what is meant by Seating of Land VVHereas there is in all Pattents a provisional Clause for Planting or Seating the Land therein granted within three years but never yet by any Law declared what was meant by that Clause Building a house and keeping a stock one whole year upon Land shall be accounted sufficient seating thereof nor what should be accounted sufficient Seating or Planting This Grand Assembly for the better explanation thereof have declared and enacted and by the authority thereof do enact and declare That building a house and keeping a stock one whole year upon the Land shall be accounted Seating and that clearing Planting and Tending an Acre of ground for one year shall be accounted Planting and that either of these shall be adjudged as a sufficient performance of the condition required by the Patent and that after such Planting or Seating the Land as aforesaid and continuance of paying the Quit-Rents no Land shall be adjudged to be deserted XXI An Act concerning Imperfect Pattents VVHereas the Honourable Thomas Ludwell Esquire hath Informed the Assembly that he finds in the Records many Patents for great parcels of Land for which there appears not any Rights upon Record of them extant upon which the Assembly taking the Premises into serious consideration and also the great trouble and prejudice that may ensue to divers honest Inhabitants of this Country in asserting their Titles though in truth never so good yet by these neglects of the Clerk rendered in strictness of Law altogether invalid for Remedy whereof the Governour Council and Burgesses of this Present Grand Assembly have enacted and it is by the authority thereof Enacted and Ordained that for preservation of all Present Tytles and
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
and chief Magistrates of the said Colony raising false and Scandalous Reports without which our good Subjects there could not have been so easily led away which cannot but tend to the future Disturbance of the Peace and Welfare thereof if not timely prevented by Inflicting Punishments proportionate to the greatness of the Crime Be it therefore enacted by the authority aforesaid that whosoever shall after the passing of this Act maliciously and advisedly by writing speaking or otherwise express publish utter or declare any Words Sentences or other thing or things to incite or stir up the People to the dislike of any Person appointed by his Majeâ—â—y to be Governour or Commander in chief of the said Colony Any Person who shall either by words or writing defame the Governour shall suffer a years Imprisonment without Bail c. or tending to the dishonour or defaming of the said Governour or Commander in chief for the time being and being thereof legally convicted shall be imprisoned during one year without Bail or Mainprize and incur such Forfeitures as shall be adjudged not exceeding the sum of five hundred pounds to the Kings most Excellent Majesty his Heirs and Sucessors And it is in like manner Enacted that whosoever shall maliciously and advisedly by writing speaking or otherwise express publish utter and declare any words Sentences or other things to incite or stir up the People to the dislike of his Majesties Councellors Judges or other principal Officers within the said Colony tending to the dishonour or defaming of the said Councellors Judges or other principal Officers and being thereof Lawfully convicted shall be imprisoned during three Months without Baile or Mainprize and incur such Forfeiture as shall be adjudged not exceeding the sum of one hundred pounds to the Kings most Excellent Majesty his Heirs and Successors any Act or Acts Order or Orders to the contrary in any wise notwithstanding II. An Act for Naturalization WHereas nothing can contribute more to the speedy setling and peopling of this his Majesties Colony of Virginia then that all possible encouragement should be given to persons of different Nations to Transport themselves hither with their Families and Stocks for to settle plant or Reside by investing them with all the Rights and Priviledges of any of his Majesties natural Free-born Subjects within the said Colony Be it therefore Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the authority aforesaid that it shall and may be lawful for the Governour or Commander in chief for the time being or any of his Successors Governours of this Colony by a publick Instrument under the broad Seal thereof to declare any Alien or Aliens Forreigner or Forreigners being already setled or Inhabitants of this his Majesties Colony or such as shall hereafter come for to settle The Governor may naturalize such Forreigners as shall seat themselves in this Colony plant or reside in it and having taken the Oath of Alleigance before the Governour or commander in chief for the time being to be to all intents and purposes fully and compleatly naturalized and the said Persons so approved of and named in the said Letters Pattents as aforesaid shall by vertue of this Act have and enjoy to them and their Heirs the same Immunities and Rights of and unto the Laws and Priviledges of this Colony and as fully and amply as any other of his Majesties Natural born Subjects have or enjoy within the same as if they themselves had been born within any of his Majesties Realms or Dominions any former Law Act Ordinance usuage or custom to the contrary in any wise notwithstanding And to the intent the said Letters Patent and instrument under the Broad Seal of this Colony as aforesaid may be obtained without any great difficulty or charge be it further enacted that the Governour or Commander in chief shall have and receive for the same forty Shillings and his Clerk for writing of it ten Shillings and no more and whereas several Aliens and Forreigners that have formerly transported themselves to this his Majesties Colony and have taken up and Patented in their own Name several Parcels of Land or otherwise made purchase of Lands Houses Tenements or other real interest and have afterwards sold the same to some of his Majesties Leige People or Inhabitants of this Colony It is therefore hereby Enacted and Ordained by the authority aforesaid that all such person or persons that shall have so bought of any Alien or Aliens any Lands Houses or Tâ—nements be secured and by vertue of this present Act for ever confirmed in the quiet and peaceable Possession of the said Purchases unto them and their Heirs for ever any former Law Usuage or Custom to the contrary in any wise notwithstanding Provided that nothing in this Act contained shall be construed to enable or give power or Priviledge to any Forreigner to do or execute any matter or thing which by any of the Acts made in England concerning his Majesties Plantations he is disabled to do or execute III. An Act for raising a Publick Revenue for the better Support of the Government of this his Majesties Colony of Virginia WHereas there is a great and continual charge Required for the Maintenance of the Governour and several other Officers and Persons as also for the Fort and Fortifications besides many other contingent expences absolutely necessary for the Support of the Government of this Colony Be it therefore enacted and it is hereby enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly that for every Hogshead of Tobacco that shall at any time hereafter be exported out of this Colony by Land or water to any other place whatsoever Two Shillings to be paid for every Hogshead of Tobacco exported there shall be paid by the Exporter two Shillings of currant money of England as also for every five hundred pounds of Tobacco exported in Bulk or otherwise and so proportionable for a greater or lesser quantity the same to be to the Kings most Excellent Majesty his Heirs and Successors for ever to and for the better Support of the Government of this his Majesties Colony of Virginia in such manner as is herein before exprest and to and for no other use intent and purpose whatsoever And be it further Enacted by the Authority aforesaid that all Ships or vessels whatsoever coming to this Colony or any part thereof shall Respectively pay for every Tun such Ships or vessel shall contain one half pound of good and new Gunpowder and three pounds of Leaden Shot or one Shilling three pence Sterling in lieu thereof as also Sixpence per Poll for every person imported not being actually a Marriner in pay All Ships or Vessels whatever coming to this Colony shall pay ½ al. of Powder and 3 l. of Shot or 1 s. 3 d. money in Lieu thereof the same to be
by command of Court or Justice 10. For a Chancery Bill if written in the way of other usual Petitions and exceed not one side of a whose Sheet of Paper 20. If more every such side 10. Recording the Pannel of a Jury and their Oath 10. Returning and Recording Executions 10. Returning and Recording Attachments 5. Recording the Acknowledgment for Satisfaction of a Judgment 10. For taking Inventories of Estates at Appraisement and outcryes if the Clerk be imployed he ought to be agreed with for that and his Attendance or if not agreed with the Court to award for his pains and trouble as they see cause For Returning Administrations and Probats of wills with their Security into the Secretaries Office having a Certificate from the Office of having so done 40. For procuring the signing of Administration and Probats 10. For writing and Publishing any Persons Departure or for Stray-horses or such like at the Court-house-door if writ by themselves 5. For Recording the same 5. For Acknowledging Land in Court and Recording thereof and Copy 25. For Relinquishing Dowers and recording thereof 20. For a Caveat 5. For entring and Returning References on the Docket 5. For a Quietus and Recording it 25. For a Bill of Costs 3. For a private Courts Attendance there 200. For Attendance at the Executing a Dedimus and return thereof to the Office 100. For returning Appeals and Securities 39. For recording the Issuing an Attachment 3. And if any Clerk of a County-court shall exact and take greater sums for any Fee then is here or in the Printed Book or by any other Law set down and established and shall be legally convict thereof Penalty of Clerks exacting greater fees than is here appointed such Person so offending shall forfeit for every pound of Tobacco so exacted and taken ten pounds of like to the Person or Persons so overcharged to be Recovered by Action of Debt any Law Custom or Usage to the contrary notwithstanding XVII An Act Restraining Striking and Killing Fish at Vnseasonable Times THe Inhabitants and Freeholders of the several Counties of Glocester Middlesex and Lancaster by their Burgesses at this Assembly complaining that the striking and killing of Fish with Giggs and Harping-Irons is very prejudicial injurious and destructive to themselves in particular and the whole Countrey in General And praying that by a Provincial Law there may be Restraint put upon such striking and destructive killing of Fish betwixt the Months of March and November Be it therefore enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid that from hence forward it shall not be lawful betwixt the first day of April and the first day of November No Person shall strike or kill fish betwixt the first of April and the first of November in the Counties of Glocester Middlesex Lancaster upon Penalty of forfeiting 500 l. of Tobacco for any person or persons whatsoever to kill or strike any fish whatsoever within the bounds and limits on the Waters or Shoars of Glocester County Middlesex County or Lancaster County with Gigg Harping-Iron or any other such like Instrument made or to be made of Iron Wood or other ways upon Penalty of forfeiting and paying for every time such Person shall be lawfully convict thereof five hundred pounds of Tobacco and Cask one half to the Kings Majesty his Heirs and Successors and the other half to him or them that shall inform thereof and sue for the same to be Recovered against every such Offender or Offenders in any of his Majesties Courts of this Colony of Virginia by Action of Debt Bill Plaint or Information any Law Custom or Usage to the contrary notwithstanding At a General Assembly begun at JAMES-CITY November 10. 1682. and in the four and thirtieth Year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King c. I. An Act to Repeal a former Law making Indians and others Free VVHere 's by the Twelfth Act of Assembly held at James City the third day of October Anno Domini 1670. Entituled An Act declaring who shall be Slaves it is Enacted that all Servants not being Christians being imported into this Country by shipping shall be Slaves but what shall come by Land shall serve if Boyes and Girls until thirty years of age if men or women twelve years and no longer And for as much as many Negroes Moors and Mulattoes and others born of and in Heathenish Idolatrous Pagan and Mahumetan Parentage and Country have heretofore and hereafter may be purchased procured or otherwise obtained as Slaves of from or out of such their Heathenish Conutry by some well disposed Christian who after such their obtaining and purchasing such Negro Moor or Mulatto as their Slave out of a pious zeal have wrought the conversion of such Slave to the Christian Faith which by the Law of this Country doth not manumit them or make them free and afterwards such their Conversion it hath and may often happen that such Owner or Master of such Slave being for some reason enforced to bring or send such Slave into this Country to sell or dispose of for his necessity or advantage he the said Master or Owner of such servant which notwithstanding his Conversion is really his Slave or his Factor or Agent must be constrained either to carry back or export again the said slave to some other place where they may sell him for a slave or else depart from their just right and Title to such slave and sell him here for no longer time then the English or other Christians are to serve to the great loss and dammage of such Master or Owner and to the great discouragement of bringing in such slaves for the future and to no advantage at all of the Planter or Buyer and whereas also those Indians which are taken in War or otherwise by our Neighbour Indians Confederates or Tributaries to his Majesty and this his Plantation of Virginia are slaves to them the said Neighbouring Indians that so take them and by them are likewise sold to his Majesties Subjects here as slaves Be it therefore Enacted by the Governour Council and Burgesses of this General-Assembly and it is Enacted by the authority aforesaid that all the said recited Act of the third of October 1670. Be and is hereby repealed and made utterly void to all intents and purposes whatsoever And be it further Enacted by the authority aforesaid that all servants except Turks and Moors whilst in amity with his Majesty which from and after Publication of this Act shall be brought or imported into this Country Indian Slaves c. though afterwards Converted to Christianity shall not withstanding continue Slaves still either by Sea or Land whether Negroes Moors Mulattoes or Indians who and whose Parents and Native Country were not Christians at the time of rhe