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
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
much infringed by the hunting and shooting of divers Men upon their Neighbours Dividends contrary to the Priviledges granted them by their Patents whereby many injuries do daily happen to the Owners of the said Land No Person shall hunt or shoot within the limits of an others Dividend without leave of the Proprietor Be it Enacted That if any Planter or other shall hunt or shoot within the limits of an others Dividend without leave first obtained from the Proprietor he or they so offending shall forfeit for every such Trespass Four hundred Pounds of Tobacco one half to the Owner of the Land and the other half to Publick Uses notwithstanding it shall be lawful for any Person or Persons to hunt or shoot upon any Dividend of Land not planted or seated though taken up without restraint or penalty Provided also That it shall be lawful for any Person that hath shot any Game without the limits of any other Mans Land to pursue the same into any Mans Dividend and freely to carry away the same as also to seek or fetch his own Cattle or Hoggs off of any Mans Land Cattle not to be fetch'd off of anothers Land till after notice given him thereof Licences for hunting wild Hoggs first giving notice to the Owner of the Land of his intent and of the time he intends to stay upon it to the end that the said Owner may if he think fit to send one to see what Cattle or Hogs he drives away Provided always That it shall be lawful for the Governour to Commissionate some Gentlemen to give Licence to Persons to hunt wild Hogs upon any Mans Land without their fenced Plantations LXXII Lands Five years in Possession WHereas sundry Suits and Controversies have been and daily do arise about Claims and Titles to Lands to the great impoverishing of divers Persons for remedy whereof and for the better Establishing the Inhabitants in the Rights and Possessions hereafter Be it Enacted That all Persons whatsoever that have or do pretend any Title to any Land shall prosecute their Claims before the said Land hath been peaceably enjoyed Five years otherwise it shall be a good Plea in Bar for the Possessor of such Land claimed or possessed to affirm he hath had peaceable Possession without Claim by Commencement Five Years peaceable possession of Land shall confirme a Title thereto or Prosecution of Suit full Five years proof whereof shall be a sufficient Confirmation to the Possessor and shall conclude the Claim and Title of the Pretender and this Act to extend to all such as have not prosecuted their Title within Five years since the 6th day of October 1646 Always provided That the limitation of Five years in this Act expressed shall not bar Orphans nor Widows under Covert This Act shall not extend to Widows Orphans or Persons of an unsound Mind nor Persons out of the Country nor Persons of unsound Minds But that the said Orphans shall have Five years after they be of age Women Five years free from Coverture viz. if she marry again before her Five Years are expired and her Husband omit to make claim his omission shall be a good bar against him but if the Woman survive she shall have so long time allowed her to claim in as will make up the first time of her fredom five years Persons of unsound Mind five years after their recovery from their impotence Nor to such as live out of the Country Care taken in such Cases Persons out of the Country five years after their arrival into the Country Provided they come in within two years after the Title to the Land became due in which times if they claim not as aforesaid to be utterly barred for ever for otherwise the expectation of Heirs out of England where there is none born here must in a short time leave the greatest part of the Country un-seated and un-peopled no Man knowing how or of whom either to Purchase or take Lease LXXIII Against Fradulent Conveyances Conveyances of Estates shall be acknowledged before the Governor at the General â—ourt or â—efore the Justices at County-Courts BE it Enacted and confirmed That no person or persons whatsoever shall pass over by Conveyance or otherwise any part of his Estate whether Lands Goods or Cattle whereby his Creditors not having notice thereof might be defrauded of their just Debts unless such Conveyance or other Deeds be acknowledged before the Governour and Council at the General Court or before the Justices at the County Courts and there Registred in a Book for that purpose within Six Months after such alienation and whoever shall make over or alienate any part of his Estate otherwise than is here expressed the same shall not be accounted valid in Law nor shall it bar any Creditor by seizing the same by Law for satisfaction of the Debt the Property of the Estate not being legally vested in any but the first Vendor And it is further Enacted That any conveyance made And shall be Registred within Six Months and acknowledged and recorded shall not be held good in Law against any Creditors or former Purchasers until Four Months after such acknowledgment made and recorded in which time the Creditors or former Purchasers may shew for what cause the said Conveyance is to be accounted fraudulent but if none appear within the said Four Months after the first acknowledgment in Court Otherwise shall not be valid in Law then the Sale shall be for ever after good against all other claimers or pretenders whatsoever unless such as pretend to overthrow the first Sellers Title in whom only five years possession can bar Provided That this Act shall not extend to such persons who for satisfaction of just Debts Who are exempted from this Act. shall make a Bill of Sale of their Estates or any part thereof and deliver it bona fide into the Possession of the Creditor but such Act shall be good and valid to all intents and purposes this Act being made only to prevent fraud and deceit LXXIV Quit-Rents how to be Paid WHereas his Majesty hath by his Commissioners appointed a Treasurer to receive the Quit-Rents and others Fees and Profits due to his Majesty and the payment of Quit-Rents being due in Money which we being destitute of Coin cannot procure Be it Enacted That those persons that cannot procure Money shall pay their said Rents in Tobacco at Two pence per Pound to such Collector or Collectors as by his Majesties Treasurer shall be appointed Quit-Rents may be paid in Tobacco at two pence per Pound and that the Country paying the Rents double the two next years shall be acquitted from all Arears by assent of the Honourable Sir William Berkly who is Authorized by the Treasurer to make Composition LXXV Surveyors of Land BE it Enacted that Surveyors of Land shall demand no more than Twenty Pounds of Yobacco for Measuring One hundred Acres of Land What
assigning the Thirds of the Estates of persons Intestate to their Widdow All Estates of persons Intestated to be divided into Thirds and the Widow to have her Thirds and choice after Division It is for Explanation thereof Enacted by the Grand Assembly and the Authority thereof That the Estates of all Persons Intestate where the Will is doubtful whether personal or real viz. Land cleared or Wood Land and Housing may be according to the quantity or quality of the said Land and Housing divided equally into Thirds and the Widow to have her Thirds and choice after the Division VIII An Act Repealing the Act concerning Rumme WHereas there was by a former Act of Assembly made at James City March 20th 1661 The Act concerning Rumme and Paveal Sugars Repealed an Imposition laid upon Rumme and Paveal Sugars the House upon Consideration of the difficulties of collecting the said Impost and the defining Paveaâ— Sugars and principally the Obstructions it may bring to the Trade of the Countrey have thought fit to Enact That the said Act be totally repealed IX An Act concerning Arrests in Court times VVHereas divers persons repairing to James City in the time of Quarter Courts and Assemblies some about service of the Publick some to give Evidences No Arrests shall be served at James City during the General Assembly nor five days before and after except upon persons dwelling in James City County others to their other occasions which by the malice of some persons taking them at an advantage are arrested to a present Answer for fear whereof divers persons do absent themselves to the great prejudice of the Publick Affairs and the Obstruction of Justice It is therefore Ordered That no Arrests Five days before the General Courts or Assemblies or Five days after the General Courts or Assemblies be served upon any person at James City except he be an Inhabitant of James City-County At a Grand Assembly held at James City October the 20th Anno 1665. I. An Act Impowering a Justice of the Peace to grant Attachments WHereas it hath been scrupled whether a particular Justice of the Peace might in any case issue an Attachment this Assembly have thought fit to declare That in case of suspicion of any persons intentions to remove out of the County where he dwells either to conceal himself in the Countrey or with-draw himself out of the Countrey whereby the ordinary proceedings at Law cannot be had against him In what case one Justice of Peace may may grant Attachments It is and may be lawful for any Justice of the Peace to issue out an Attatchment against so much of the Estate of the person so suspected to remove as by the Claim made shall in his judgment appear due to the Creditor replievable by security given or appearance at the next Court Provided That the said Justice take sufficient Security of him that desires the Attachment to pay the Damages the Court shall award to the Defendant in case the Plantiff be cast in the Suit II. An Act for Repealing of the Act for defraying the Incouragement for killing VVoolves by a Tax upon Horses VVHereas the Act for Levying the Incouragement of killing of Woolves upon Horses The Act for Levying Money on Horses for encouraging the killing of Woolves repealed by reason of the great inequality thereof imposes too great a burthen upon those Frontier Counties which have most Woolves killed and fewest Horses to bear the Charge It is therefore Enacted by this present Grand Assembly and the Authority thereof That that Act shall be and hereby is repealed and the former Law for paying the Incouragement per Poll be revived and continued III. An Act prohibiting the Sale of Arms to the Indians VVHereas there was formerly a Law in force prohibiting the Sale of Arms Ammunition or Guns to the Indians which upon consideration of the said Indians being furnished by the Dutch was omitted It being then thought impolitick to debar our selves from so great an advantage as might accrue to us by the Indians Trade when we could not prevent the supply yet since those envious Neighbours are now by his Majesties Justice and Prudence removed from us and the Trade now likely to be in our hands and none to furnish them besides our own Nation which in these times of eminent Danger hath scarce ability to furnish our own wants It is therefore Enacted by this Grand Assembly and the Authority thereof That the Sale of Arms Guns Powder and Shot Any person selling Ammunition to Indians for the first Offence shall be fined 10000 l. of Tobacco and for the second be prosecuted as a Felon be wholy prohibited and that whosoever contrary to the intent of this Act shall by himself or any other sell or barter Powder Shot Guns or Ammunition to any Indâ—an shall be fined Ten thousand Pounds of Tobacco or suffer Two years Imprisonment without Bail or Mainprize for the first Offence and for the second to be proceeded against as Felons IV. An Additional Act for better restraining the Exportation of Hides Repealed by 12 Act Anno 1680. Vide. V. An Act concerning the intent of some former Penalties VVHereas certain doubts have arisen in giving Judgment upon a Penal Law as stealing of Hoggs taking away of Boats and the like where several persons may be Actors in committing the same Offences viz. whether the Penalties imposed are to be levied upon all the Actors in general Where several are Actors in the same Crime every one to be fined and the payment of the Penalty specified in the Act by any one should acquit the rest or else Judgment pass for the entire Sum against every particular and individual Offender Be it Enacted for the better deterring people from committing such Offences That in all such Cases every particular Offender may be singly prosecuted and have Judgment passed against him for the whole Fine And because the Laws have been silent in prescribing any way to punish Servants guilty of the Breaches of such Acts where Freemen are to pay a Fine of which they are during their Service wholly uncapable and might be encouraged to attempt it should their punishment be respited until their time of Service is expired Be it therefore Enacted Servants that are Offenders not being capable of paying a Fine are to receive Corporal Punishment That in all Cases where a Free-man is Punishable by Fine a Servant shall receive Corporal Punishment viz. For every Five hundred pounds of Tobacco Twenty Lashes and so many such several Punishments as are Five hundred Pounds of Tobacco included in the Fine unless their Master or other Acquaintance will Redeem them by making Payment And it is further Enacted That if any Person shall by procurement of the Servant upon promise and agreement for future Service pay the Fine and Release him from Punishment such Agreement made shall notwithstanding the Coverture bind such Servant to performance after his time by Indenture
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
Bills of Lading not containing above 20 Hogsheads ibid. In Bills of Lading exceeding that number Twelve Pence for every Cocquet ibid. Corn. Two Acres of Corn for each Tythable Page 82. Or one Acre of English Wheat ibid. Corn shall not be Exported upon penalty of paying 200 l. of Tobacco for every Barrel thereof and twice the price of other provisions Page 197. Coroner An Act ascertaining Coroners Fees Page 226. In Counties where there is no Coroner a Justice of Peace shall perform his Office and receive the Fee due to the Coroner ibid. County A Pillory a Whipping Post a pair of Stocks c. to be set up in each County Page 31. No person shall remove out of the County where he dwells without first setting up his Name on the Church-door three Sundays with his intention of removeing and whither Page 46. Cattle shall not be removed out of the County withoue notice first given to four of the Neighbourhood ibid. Counties or Parishes to make By-Laws which Laws shall be obeyed by the Inhabitants of the said Counties or Parishes Page 112. Inhabitants of the County shall obey the By-Laws thereof Page 237. Where two or more Counties lie conveniently one publick Ware-house may serve in common between them Page 266. Courts Courts formerly called Quarter Courts to be hence forth stiled General-Courts Page 14. Rules for the beginning continuance and proceedings in Courts Page 15. How the Stile of the Court shall be entred ibid. Warrants for Proceedings in Courts to be issued by the Clerk Page 16. How long Courts shall sit each day Page 18. Criminal Causes shall be tryed only at the General Courts and on the Fourth day Page 20. County-Courts appointed and how to be formed Page 26. Members of County-Courts shall take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace ibid. An what places and when County Courts shall be held ibid. Form for entring the Stile of the County-Courts Page 28. Court shall not take Cognizance of any thing under 200 l. of Tobacco ibid. Private-Courts prohibited Page 29. County Courts may grant Probates of Wills and Administrations upon the Estates of Persons dying intestate Page 48. Discounts to be made in Courts Page 69. The General Court to be held the 15th of April Page 139. Land alloted for building Court Houses Page 156. County Courts shall re-examine their Orders Page 162. An Act for opening Courts of Judicature Page 213. An Act impowering County-Courts to make By-Laws Page 237. Two Men of each Parish chose by the Free-holders and House-keepers shall sit with the Justices in County Courts for making By-Laws ibid. Criminals When several are Actors in the same Crime every one shall be fined Page 132. Criminals having Estates shall defray the Charge of their own Prosecution Page 147. Otherwise to be prosecuted at the Charge of the County ibid. D Debts NO Debts pleadable in Virginia for Goods Imported thither Page 123. Debts contracted in Virginia shall be the first paid Page 125. No Debts pleadable against Dead Mens Estates but such as were contracted within One year before their decease Page 239. Declaration Plantiff shall file his Declaration three days before the day of Hearing Page 18. Defendant shall put in his Appeal to the Plantiffs Declaration Page 28. Dedimus Potestatem How a Dedimus-Potestatem shall issue Page 24. In what Cases to be granted by whom and to whom it shall be directed ibid. The Fee for a Dedimus Potestatem Page 163. A Dedimus Potestatem may be signed by any Member of the Council Page 290. Defamation What Defamations are Actionable Page 29. Babling and Slanderous Women to be punished by Ducking Page 107. Persons provoking others by Aggravations or Terms of Distinctions fined 400 l. of Tobacco Page 216. Any person who shall either by Words or Writing Defame the Governour shall suffer a years Imprisonment without Bail c. Page 250. E. Errors A Amendment thereof Page 18. Evidence Evidence shall be given Viva Voce in Cases Criminal Page 24. Penalties of Non-appearance upon Subpoenas Page 25. Allowance for Evidences summoned to the General Court Page 193. Execution An Act permitting persons under Execution to redeem their Bodies with their Estates Page 123. Proceedings in case of an Execution for Debt and what relief may be had therein Page 124. Executions issuing upon Judgment granted by the Assembly shall be drawn by the Clerk and signed by the Governour Page 228. Writs of Execution and Writs of Attachment how to issue Page 290. Exportation No Merchant or Mariner shall Transport any person out of this Collony without Certificate Page 46 Against Exportation of English-Goods Page 87. Mares and Sheep not to be Transported ibid. Exportation of Iron Wooll Wollfells Skins Hides or Leather prohibited Page 285. F. Fasts c. A Fast to be kept annually on the 30th of January Page 7. The 29th of May appointed to be kept Holy Page 8. The 13th of September to be annually kept Holy Page 125. A Fast appointed Page 157. Fences Fences shall be four foot and a half high or else no Damages to be allowed for Trespass Page 58. Sheep comprehended in the Act concerning insufficiency of Fences Page 149. Fences of Corn-Fields shall be four foot and a half high Page 167. Fines Courts only shall impose and collect Fines Page 32. An account thereof shall be kept by the Clerk ibid. Fish An Act restraining the striking and killing of Fish between the first of April and first of November Page 281. Flax and Hemp. Flax-seed to be distributed into each County Page 79. An Act for the Manufacture thereof Page 188. One Quart of Flax-seed and the like quantity of Hemp-seed to be distributed to every Tythable person in each County ibid. One pound of dressed Flax or Hemp to be yearly made for every Quart of Seed received ibid. Twenty four pound of Tobacco allowed by the publick for every Peck of Flax-seed of the growth of the Countrey and Twenty pounds of Tobacco for every Peck of Hemp-seed Page 296. For every Tythable in the year 1684 shall be made one pound of Flax and one pound of Hemp dressed or Two pounds of either and so yearly after Page 297. Fornication An Act against Fornication Page 73 Persons convicted of Fornication fined 500 l. of Tobacco ibid. Fornication with a Negro-man or Woman punishable Page 111. Forts and Fort-duties Three pence per Hogshead payable for Fort-Duties in Accomack c. Page 93. Masters of Ships may pay their Fort-Duties in Musquet-Powder and Shot Page 113. A Fort ordered to be Built Page 136. Forts ruinated and demolished shall be built a-new or repaired with Brick Page 176. Levies for building and repairing Forts ibid. Frontiers Plantations on the Frontiers to be strengthened with four able hands well Armed Page 126. An Act giving Seven years time for seating Frontier-Lands Page 210. G. Garisons FOur Houses for Stores and Garrisons ordered to be built at the publick Charge Page 229. Places where
Insurrections Page 272. Negroes shall not go armed nor depart from off their Masters ground without Certificate Page 273. Resistance of Negroes or other Slaves how punished ibid. Fugitive Negroes resisting such as are employed to apprehend them may be killed ibid. News Divulgers of False News fined 200 l. of Tobacco and to give Security for their good Behaviour Page 68. A Publick Notary appointed Page 96. O. Offices NO person not born in Virginia shall be capable of bearing Office there till he has dwelt Three years in the Countrey unless commissionated by his Majesty Page 204. Persons convicted in England shall be held uncapable of bearing Office in Virginia ibid. Ordinaries Ordinary-Keepers Accounts Page 70. Ordinary-Keepers shall sell by English Measures Page 71. None shall retail Drink without Licence ibid. An Act for restraint of Tipling-houses Page 160. Not above one or two Ordinaries or Tipling-houses to be in each County ibid. Except on Great Roads Ports c. ibid. Such as have Licences to keep them shall give Security to the County Court Commissioners ibid. Not more than two Ordinaries shall be permitted to be kept in one County exceptin that where the General Court is held Page 206. What Prices shall be paid at Ordinaries for Liquors Diet and Lodging Page 207. Prices for Horse-Pastorage and Oats ibid. Orphans Orphans shall be maintained by the Interest and Increase of their Stock if sufficient if not shall be bound Apprentices Page 50. Cattle Sheep and Horses belonging to Orphans shall be returned to them in kind when they come to Age ibid. Plate and Money shall be also returned in kind other Houshould-Stuff shall be appraised and sold Page 51. Ten per Cent. allowed to Guardians for collecting Debts due to Orphans ibid. Orphans Land not to be Aliened Page 52. Timber upon Orphans Land shall not be wasted and the Houses shall be kept in repair ibid. The disposal of Negroes belonging to Orphans referred to the County Courts Page 174 County Courts authorized to dispose of Orphans Estates Page 178. The Bounds of Orphans Lands to be laid forth and by whom Page 187. An Act for securing Orphans Estates Page 241. Administrators of Orphans Estates shall give good security Page 242. P. Parish Levies AN Act for the more equal laying of Parish Levies Page 209. Six able House-keepers may assist the Vestry in assessing of Parish Taxes ibid. Passes No Master of a Ship shall transport any person out of this Collony except the said Person produce a Pass Page 89. The Method to be observed in granting such Passes Page 90. Patents An Act concerning imperfect Patents Page 151. Former Patents shall remain firm and valid although no Record thereof be extant Page 152. All Patents shall for the future be compared with the Record before they pass the Office ibid. The price of double Patents Page 220. An Act for the setting the Form of Patents Page 225. Planting An Act giving liberty to Plant Page 127. Prison A Prison shall be built in each County Page 33. Breaking Prison shall be accounted Felony ibid. Who shall have the benefit of the Rules ibid. Such as dwell within the Rules shall not have the benefit of them Page 34. What persons shall have the benefit of the Act made for the relief of poor Prisoners Page 37. Processions Days to be appointed upon which Procession shall be made Page 60. Processions ordered to be continued Page 167. Q. Quakers QUakers shall be prosecuted by the Statute of 23 Eliz. Page 7. The unlawful Assembling of Quakers prohibited Page 115. Quakers c. Assembling to the number of Five under a pretence of Religious Worship how to be punished Page 116. Persons so offending being the third time convicted shall be Banished the Countrey ibid. Inhabitants that shall entertain Preaching-Quakers to be Fined Page 117. Quit-Rents Quit-Rents shall be collected by the Sheriff Page 40. They shall be paid in Tobacco or Money ibid. Quit-Rents may be paid in Tobacco at Two pence per pound Page 57. R. Records THe Records shall be carefully Stated Page 128. No person may be permitted to view them without Publick Orders except only the Clerks of the Office or whom else the Secretary shall appoint ibid. The Clerks Fee for searching the Records ibid. Provision made for the Relief of such as were Sufferers by the late Rebellion Page 249. Rivers Justices of the County Courts shall annually appoint the Surveyors of the Rivers and Creeks to clear the same from Trees Logs Rubbish c. Page 278. Such as shall Fell Trees into the Rivers and not clear away the same fined 500 l. of Tob co ibid. Roads An Act for Roads to Houses Page 156. Convenient Passage for Man and Horse shall be made to every Plantation ibid. Rum c. To be sold only in places appointed Page 88. Six pence to be paid for every Gallon of Rum and One penny for every pound of Pavele Sugar brought on Shoar at any other Port than is appointed by the Assembly ibid. The Act concerning Rum and Pavele Sugars repealed Page 129. Run-aways Run-away-Servants shall serve their Masters twice the time of their Absence after their time by Indenture is Expired Page 75. English-Servants running away in Company with Negroes how to be dealt withal Page 76. An Act concerning the pursuit of Run-aways Page 122. Pursuit of Run-aways to be made at the County Charge ibid. Such as shall entertain Run-aways fined Page 146 Corporal punishment may be Inflicted on Run-aways Page 158. The Rewards for apprehending of Run-aways limited Page 165. How Masters are to deal with Run-aways Page 166. The Duty of Constables in conveying Run-aways to their Masters ibid. The Neighbouring Indians required to seize Run-aways Page 182. The Recompence allowed them for so doing Page 183. How long this Act to continue in force ibid. S. Salt SAlt-work Page 81. Salt permitted to be again imported and sold in Northampton County Page 147. Secretaries Fees Page 102. An Act regulating the Secretaries-Office Page 128. Servants Servants how long to serve Page 72. Servants coming in without Indenture shall serve Five years if above Sixteen years of Age and all under till they are Four and Twenty ibid. Servants guilty of Fornication how to be punished Page 73. Hired-Servants Page 74. Servants when their time is expired shall take a Certificate of their Freedom and produce the same when they are entertained by other Masters ibid. Servants too rigorously dealt withal or wanting Necessaries may make complaint to the Commissioners Page 76. Against Unruly-Servants Page 77. Against Trading with Servants ibid. No person shall Trade with Servants without Licence or consent of their Masters ibid. Servants Goods shall be disposed of to their own use Page 106. Women-Servants gotten with Child by their Masters how to be dealt withal Page 108. An Act concerning Servants being the reputed Fathers of Bastard Children Page 109. Servants brought in without Indentures Page 110. Servants for Offences committed to receive corporal Punishment Page 133. The