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
is Expired And further that the Master have like Remedy against the Servant in Case of his Trespassing against him VI. An Act concerning Bounding of Counties and Parishes VVHereas there is a Law that binds us to the Bounding of our Lands Counties and Parishes to be Bounded Be it Enacted by this present Grand Assembly and the Authority thereof That the same Law be in force to the Bounding of our Counties and Parishes VII An Act repealing the Act of 10 s. per Hogshead WHereas the imposition of Ten Shillings per Hogshead on Vessels trading from New-England and the adjacent Plantations hath probably hindred their trading in this Countrey The Act for Payment of 10 s. per Hogshead repealed and drawn much trading to Mary-Land which the Burgesses taking into their serious Consideration and requesting the Right Honourable Sir William Berkley Knight and Governour who most heartily and willingly granted the taking off the said imposition of 10 s. per Hogshead Be it therefore Enacted by this present Grand Assembly That all Vessels trading here out of New-England or any other the adjacient Plantations in America shall from henceforth be free from the imposition of 10 s. per Hogshead and pay no other Dues Duties or Customs then any other Ships or Vessels trading here out of England or any other his Majesties Dominions VIII An Act concerning the Indians The Act concerning Murders committed by Indians made General WHereas at a Grand Assembly held at James City September the 10th 1663 it was provided That where any Murder was committed by the Indians upon the English the next Town of Indians was to use their uttermost Endeavour for the bringing in and discovering the Actors and Doers thereof and in regard the said Act was only limited upon the Northern-Indians This Grand Assembly have thought fit to Enact and be it Enacted That the said Law be made a General Law against all Indians whatsoever and where any Murders shall be committed upon the English the next Town is to use all their care and diligence in finding the Doers and Actors of the said Murders And be it further Enacted That if any English-man be murdered the next Town shall be answerable for it with their Lives and Liberties to the use of the publick and that the Honourable Governour be humbly requested forthwith to impower such persons as his Honour shall think fit in each County on such occasions for putting the said Law into immediate execution And that it be made known to all Indians whatsoever by those persons so commissioned within Two Months after the said Law is in force And be it further Enacted by this Grand Assembly That the said Indians shall not have power within themselves The Weromance or chief Commander of the Indians shall be chosen by the Governour of Virginia to elect or constitute their own Weromance or Chief Commander but the present Honourable Governour and his Successors from time to time shall constitute and authorize such Persons in whose Fidelity they may find greatest cause to repose a confidence to be Commander of the respective Towns and in case the Indians shall refuse their Obedience to or Murder such person then that Nation of Indians so refusing or offending to be accounted Enemies and Rebels and be proceeded against accordingly And whereas the careless manner of the English in going un-armed to Churches Courts and other Publick Meetings may probably in time incite the Indians to make some desperate attempt upon them It is further Enacted That the Honourable Governour be requested to issue his Commands to the Officers of the Militia to take care to prevent the same And it is further Enacted No person shall harbour or imploy any Indian without having first given Security and obtained Licence of the Governour That any person or persons that shall harbour entertain or imploy any Indian shall be fined Five thousand pounds of Tobacco or suffer one years Imprisonment without Bail or Mainprize unless such as shall give sufficient Security to the County Court and upon such security obtain a Certificate from the said Court and upon that Certificate a Licence from the Governour And whereas by the former Articles of Agreement it was provided that no Indians which were seated on the South-side of James River should come over the Black-Water or the Southern Branches thereof It is hereby Enacted That the said Southern Branches of Black-Water be from the head of those Branches to the present Appomattuck Indian Town and thence cross the River by a continued Line to the present Monakin Town be the bounds of the Indians on the South-side of James River IX An Act concerning the Building of a Fort. A Fort ordered to be Built IN Obedience to his Majesties Royal Commands and for the better defence of the Countrey this Assembly have thought fit to Enact and be it Enacted That a Fort be Built with all convenient Expedition where the Right Honourable the Governour shall think most convenient and that Fourscore thousand Pounds of Tobacco be levied to that purpose The Governour to direct where besides the sale of the King of potomacks-Potomacks-Land Be it further Enacted That his Honour give power to press Carpenters Labourers and other Work-men and that the Carpenters finding themselves Diet and Lodging be allowed Forty five Pounds of Tobacco per day And for the better expediting and finishing the said Fort Provisions for Building the same It is hereby Enacted That it shall be lawful for the Surveyor of the Workmen to cause Pines to be fallen in any mans Land for that use paying to the Proprietor of the Land Six pence for each Tree And it is further Enacted That each person of the Trained-Bands in James City and Surrey Counties contribute Six days Work towards the perfecting the said Fort and to bring their own Provisions with them And be it further Enacted That Capt. William Bassett be Authorized Surveyor of the whole Work and have Command of the Work-men therein imployed the County gratifying him the said Capt. Bassett with Ten thousand pounds of Tobacco And the Assembly taking into Consideration what persons be fit to keep the Fort and be Captain of the same Have Enacted and it is hereby Enacted That the said Soldiers that attend the Governour at General Courts be ordered to keep the Fort those Courts excepted where a single Centinel will be sufficient and that the Capt. of the Guard have the Command of the Fort and receive a fitting Annual Satisfaction for the same and that the Souldiers likewise may have a competent Addition to the former pay And it is further Enacted That no Tobaccoes for these occasions be levied this year X. An Act Preparatory to a Stint or Cessation Vide Act 1. October 23d 1666. At a Grand Assembly held at JAMES CITY June 5th 1666. I. An Act for a Cessation Vide Act 1. Octob. 23. Anno 1666. II. An Act concerning Tenders of Tobacco WHereas it hath
the Respective Marts and Fairs that the Clerk of the County-Court where such Mart or Fair is held Accounts to be taken by the Clerk of the County or whom else the Governour shall please to appoint of what is bought and sold in the Marts or Fair aforesaid or such other whom the Right Honourable the Governour for the time being shall appoint the Clerk thereof and take account and place the same in fair writing in a book of all what is bought sold Trucked Exchanged or dealt for and for his fee it shall be lawful to have receive and take to himself the one twentieth part of all Indian Commodities there Sold Trucked Traded or Dealt for Provided always that it shall and may be lawful for any Indian wanting Corn until such respective marts or fairs at the several respective places shall first begin but not after that time to buy such Indian Corn as they shall have need of from any Person or at any place where they can buy the same any thing in this Act to the contrary notwithstanding Provided also that the Wiccacommico Indians living in Northumberland County and the Chies-Lake-Indians living in Glocester County to have such Liberty and rules for their trading with the English as shall be set appointed and allowed them by order and appointment of the respective County-courts in each County any thing in this Act to the contrary notwithstanding Provided also that it shall not be lawful or permitted to any Indian or Indians resorting to or meeting at any those aforesaid marts or fairs to travel with or carry Armes Indians Resorting to the said Marts shall not come armed or appear there armed except only the carrying home such arms and Ammunition as they shall then and there purchase and shall be found registred in the Clerks Book for which they shall have with them his Certificate Provided alwayes and it is the true intent and meaning of this Act that no Person or Persons shall be hindred from entertaining any Indians in their Houses who shall have the right Honourable the Governours Licence so to do according to a former Law in that case provided any thing in this Law to the contrary notwithstanding IV. An Act Imposing Fines on Sheriffs concealing Tythables BE it enacted by the Governour Council and Burgesses of this present Grand Assembly and the authority thereof and it is hereby enacted that whatsoever Sheriff Collector or Receiver of the publick or County Levy shall be found to Levy and receive Tobaccoes due upon concealed Tythables and shall not give account to the next County-court thereof after his such Receipt or Collection of the â—…ame but shall convert or endeavour by such Concealment to convert the same to his own use and shall be thereof lawfully convict shall be fined and pay the Penalties enjoined in the former Act or Acts of Assembly for concealed Tythables V. An Act ascertaining the Price of double Patents FOrasmuch as divers persons making advantage thereof to themselves thereby to save the trouble and charge of seating new taken up Dividends of land do customarily add new Tracts of Land to former Patented Dividends Be it therefore Enacted by the Governour Council and Burgesses of this present Grand Assembly and the Authority thereof and it is hereby Enacted that it shall and may be lawful in such cases for Mr. Secretary to take as his due Fee so many times eighty pounds of Tobacco as there are several Tracts of land in such Patent but where several old Tracts of land fomerly Patented shall be drawn into one new Patent and no new lands not Patented before added thereunto in such cases the Fee for such patent shall not exceed eighty pounds of Tobacco VI. An Act for the Imposition of Two Shillings on every five hundred pounds of Bulk Tobacco Vide Act the third Anno 1680. VII An Act for Delivery of Strey-Horses c. Repealed by his Excellencies Proclamation Anno 1680. VIII An Act restraining the impress of Timber c. FOrasmuch as divers complaints have been made that it hath been heretofore practical to impress and take from any mans land such Timber trees as those who pretended to have such power were pleased to take to the great hurt and dammage of such persons Owners of the said land and Timber from whom the same hath been taken and contrary to the Right of Inheritance in and to the said Lands and Timber to the end no such abuses and Infringment of Properties may for the future be offered and done be it enacted by the Governour Council and Burgesses of this Grand Assembly and the authority thereof and it is hereby enacted that no Person or Persons under pretence of any power or Warrant whatsoever that shall be imployed for the time to come to procure or impress Timber for publick use Persons Impowered to Impress Timber shall first make composition or agreement with the Owners thereof or other purpose use or intent whatsoever shall or may take or impress any Timber from any mans land whatsoever before he or they so impowered or pretending to be impowered shall have first made Composition or Agreement with the Owner thereof for the price of the same and shall have made ready payment or given sufficient caution for payment according to such Composition and Agreement upon the Penalty of paying for each Timber-tree so taken without Composition or Agreement as aforesaid five pounds Sterlin according to a former Law in such like cases made and provided Provided alwayes that if the Owner of such Timber as shall be wanted for publick uses shall be unreasonable in his setting a price thereon finding the advantage of the necessity thereof Two men of the Neighborhood shall value Timber to be impressed for publick Service in case the Owner be unreasonable in his demands to be had and taken for publick uses that in such cases it shall be lawful to procure a Valuation thereof to be had and taken by two good and honest men of the Neighbourhood upon their Corporal Oaths which prices being paid or secured to be paid shall in such cases be final and Determinative and forasmuch as Divers Complaints have also been made to this Assembly of Divers injuries and abuses which have been lately perpetrated and done by persons imployed to impress necessaries for publick occasions and also divers complaints have been made that of late divers persons have presumed to impress sloopes Carts Boats Horses c. without lawful power so to do to rectify and prevent the like abuses for the time to come Be it further enacted by the Governour Such as shall Impress sloopes Shallops Boats Horses Carts Arms Provisions c. shall produce their Warrants for so doing to the Owners thereof Council and Burgesses of this Grand Assembly and the authority thereof and it is hereby enacted that from henceforth no person whatsoever shall presume to impress any sloop Shallop Boat or other Vessel Horses Carts Arms
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
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
they are paid in being commonly the refuse of their cargo Be it therefore Enacted Masters of Ships shall give an Account of the Bdrthen of their Vessels and a List of their Passengers to the Collector of Castle-Duties That all Masters of Ships and other Vessels being thereunto required by the Officer appointed by the said Collonel Morrison shall give in a true Burthen of the Ships or Vessels and the List of their Passengers at such convenient places and to such persons as the said Collonel Morrison shall in each River appoint upon Oath to be administred by his said Collector or Officer if a Commissioner or else by any one or two Commissioners and if any Master shall make false Entry either of his Burthen or List of Passengers then he shall upon proof thereof made pay Treble Duties for the number of Passengers or quantity of Tuns concealed the same to be recovered out of the Estate of the Master so offending and the like Penalty upon all such Masters as shall without coming into Harbour fetch away their loading in Sloops or Boats Half a pound of Powder 3 l. of Leaden Shot and 6 d. per Poll payable for Castle Duties And what Master soever shall not pay his Duties in kind being half a pound of Powder and three pound of Leaden-Shot per Tun and Six pence per Poll for every person imported not being a Mariner that then he shall pay in lieu thereof One Shilling per Tun and Six pence per Poll either in Money or Goods as they cost at the first Penny and that the Collectors thereof transmit the said Entries of Ships and Passengers under the hand of the said Masters to the said Collonel Morrison to be by him recorded in his Fort-Book as formerly hath been accustomed CXXXIII Ships to come up to James City VVHereas the Kings Majesties frequent Instructions hath Commanded that all Masters of Ships arriving in this Countrey should before they break Bulk bring up their Ships to James City which by reason of the seating of the Inhabitants in divers Rivers cannot without much prejudice to the said Masters extend to all parts of the Countrey yet that his Majesties Commands may as much as in us lieth be effectually obeyed We the Governour Council and Burgesses of this Grand Assembly have thought fit to Enact and be it Enacted by the Authority aforesaid That all Ships whatsoever arriving in James River Ships arriving in James River shall be brought up to James City do accordingly with the first Fair Wind and Weather after their arrival bring up their Ships to James City and there make Entry of their Ships take out Licence to Trade and perform such other things as they shall be there certified the Laws of the Countrey do enjoyn them CXXXIV Priviledge of Virginia-Owners VVHereas some doubts have arisen about the priviledge of Virginia-Owners and their exemption from the payment of the Duties of Two and Ten Shillings per Hogshead Be it Enacted and Declared That the said Priviledge is granted only to the Owners and Adventurers in such Vessels as solely and wholly belong to the Inhabitants of this Countrey Such Vessels only as solely and wholly belong to the Inhabitants of this Collony freed from payment of the 2 s. and 10 s. per Hogshead and not to such persons as are only Partners of Vessels whose other Partners dwell in other Countreys and the Governour be Judge of such Proprieties and certifie the same to the Collectors CXXXV A Publick Notary appointed VVHereas for want of a Publick Notary the Certificates and other Instruments to be sent out of this Countrey have not that Credit given them in Foreign parts as duly they ought Be it therefore Enacted That Henry Randolph Clerk of the Assembly be authorized and sworn a Publick Notary for this Countrey to whose attestation at home and abroad We desire all Credence may be given CXXXVI Acts concerning the Indians WHereas the mutual Discontents Complaints Jealousies and Fears of English and Indians proceed chiefly from the violent Intrusions of divers English made into their Lands forcing the Indians by way of Revenge to kill the Cattle and Hogs of the English and by that means Injuries being done on both sides Reports and Rumours are spread of the hostile Inventions of each to others tending infinitely to the disturbance of the Peace of his Majesties Countrey and whereas the Laws prohibiting the purchase of any Indians Lands unless acknowledged at General Courts or Assemblies by reason it is as easie to fright them to a publick as well as a private acknowledgment are made fruitless and ineffectual corrupt Interpreters often adding to this Mischief by rendring them willing to surrender when indeed they intended to have received a confirmation of their own Rights and a redress of their Wrongs which Mischiefs had they continued must needs have involved the Countrey into an inevitable and destructive War For Remedy of which Inconveniences and that for the future a sure equitable Peace may be established the Governour Council and Burgesses out of their tender care of Justice and the Peace of this his Majesties Countrey have Enacted Ordained and Confirmed and do by these presents Enact Ordain and Confirm That for the future No Indian King or other shall upon any pretence alien or sell nor no English for any Cause or Consideration whatsoever purchase or buy No Purchase shall be made by the English of any Lands now justly claimed or actually possessed by the Indians any Tract or parcel of Land now justly claimed or actually possessed by any Indian or Indians whatsoever all such Bargains and Sales hereafter made or pretended to be made being hereby declared to be invalid void and null any Acknowledgment Surrender Law or Custom formerly used to the contrary notwithstanding And further That the Indians properties in their goods be hereby assured and confirmed to them and their persons so secured that whoever shall defraud or take from them their Goods No Injuries shall be done to the Indians or do hurt or injury to their persons shall make such Satisfaction and suffer such Punishments as the Laws of England or this Countrey do inflict if the same had been done to an English-man And be it further Enacted That what English-man hath already contrary to the Laws formerly in force for surrendring and acknowledging Indians-Lands made incroachments or seated upon them shall if thâ—â— make not good proof of their Title upon Complaint maâ—e be by Order directed to the Sheriff to execute remâ—ved from their Seats of Land thus wrongfully incroached and all Houses by them built upon the said Lands be demolished and burned And be it further Enacted That all English Men having by Surrenders made at Quarrter-Courts or Assemblies Such of the English as are seated near the Indians shall assist them in makeing a Fence procured a colourable right to any Land by the said English now seated within Three Miles of any Indians
prevention of future Trouble That all Lands held by former Patents of which there is no Record extant or to which there are no Rights annexed in the Records until the date of this Present Assembly Fumer Patets shall remain firm and valid although no Record thereof be extant shall for ever be held valid and firm according to the claims of the several Patents those defects being found to have happened by the neglect of the Clerk in those times in not making present entry of the Rights delivered to them and the Casualty of of two several Fires whereby many of those Rights with other Papers were destroyed the Assembly hereby rendring Thanks to Mr. Secretary for his care of preventing future trouble All Patents shall for the future be composed with the Record be some they pass the Office and requesting him to continue it in not suffering any Patent hereafter to pass the Office before the Rights are entered and the Patent compared with the Record XXII An Act commanding Law-Books to be provided for each County VVHereas for the better Conformity of the Procedings of the Courts of this Country to the Laws of England it appears necessary that for the better direction therein all the former Statutes at large and those made since the beginning of the Raign of his most Sacred Majesty that now is and some other esteemed Books of Law be purchased It is therefore by this Grand Assembly and the authority thereof accordingly enacted that all the aforesaid Statute-Rooks and Daltons Justice of the Peace and Office of a Sheriff and Swainbournes Book of Wills and Testaments be sent for by Mr. Auditor and paid for out of the two shillings per Hogshead and the like Books to be sent for by some of the Commissioners of the County-Courts for the use of the Respective Counties and paid for out of the County-Levy XXIII An Act Imposing Fines on Refractory Persons VVHereas the Officers of the Militia have Complained that divers Refractory Persons have in Contempt of authority impowering them and to the ruine of all Military Discipline refused to appear upon the days of exercise and other times when required to attend upon publick service It is enacted by this Grand Assembly Such as refus to appear on the days appointed for the exercise of the Militia fined an hundred pounds of Tobacco that every person neglecting to appear shall for every such Neglect be amerced and fined one hundred pounds of Tobacco to be disposed of by the Militia for the use of the Regiment And that the Commanders return of such Fines to the Sheriffs of the Respective Counties shall be sufficient Warrant in case of the Parties denial of payment to levy the same by distress Provided that if before the laying of the Levy the Party Amerced do shew to his Commander such cause of his absence as by the Commander shall be adjudged reasonable then the Party to be excused and the Fine not returned XXIV An Act for the better explanation of the 16th Act in the Printed Book VVHereas the sixteenth Act for Sheriffs to take Bail was misinterpreted and some words left out It is Enacted that for prevention of Mistakes in Courts of Judicature a Copy be transcribed out of the Original for Correction of mistakes of the Printed Book which followeth Be it also hereby enacted That all Sheriffs shall take sufficient Bail of all persons Arrested with this condition to bring forth the Party Arrested or perform the award of the Court and if they shall neglect to take sufficient Bail of the Party arrested or otherwise consent to be the cause of his escape then the said Sheriff shall be lyable to pay the award of the Court himself Sheriffs neglecting to take Bail or consenting to the escape of the Prisoner shall pay the award of the Court shall be fined a 1000 l. of Tobacco if his consent to the escape be proved and shall also pay in case the Consent to the escape be proved one thousand pounds of Tobacco one half the Publick the other half to the Party grieved for his delay in recovering the Debt but if Bail be taken and the Party appears not to answer then Judgment shall be awarded against the Bail always provided that the Sheriff or Bail shall if he desire it have an Attachment against the Estate of the Party arrested and not appearing and further that if the Sheriff or Bail shall at the next Court to that which the arrest was made appear and bring forth the Body of the Party so arrested to answer the suit Then the Sheriff or Bail shall be acquitted from the Judgment past against them At a Grand Assembly held at JAMES CITY September 3. Anno 1667. I. An Act for Tobacco of mary-Mary-land growth to be free from Duties WHereas there is an Order at present in force requiring that all Tobacco though of mary-Mary-land growth shipped in Ships riding in any Harbour of Virginia should pay the Impost of two shillings per Hogshead and whereas at present the Inhabitants of the south-side of Virginia in Potomack River are inforced for their present necessity to lay out or Ship the greatest part of their Tobacco in Ships riding in the Government of mary-Mary-land for which as is said they are to pay the like Duties of two shillings per Hogshead as is paid for Mary-land Tobacco shipped upon Ships riding in Virginia Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly and the authority thereof That for Relief of the said Inhabitants of Virginia who are otherwise likely to pay double Duties That no Tobaccoes of the growth of Mary-land though laden in Ships riding in any Harbour in Virginia shall be lyable to pay any Virginia Duties from the date of this Act until the first of October which shall be in the year of our Lord 1668. Nor after if the next Assembly find cause to continue it How long this Act shall continue in force and upon what conditions to be repealed Provided that if the Government of Mary-land do lay Impost upon Virginia-Tobacco shipped in Ships riding in their Harbour then this Act to be absolutely Void and Null and all Tobacco of Mary-land growth laden a board any Ship in Virginia to pay Duties as formerly Provided also that if any person shall fraudulently send on board any Ship in Virginia Tobacccoes of the growth of Virginia and pretend the same to be of the growth of Mary-Land intending thereby to defraud the Country of their Dues he shall forfeit the Tobacco so laden and concealed II. An Act declaring that Baptism of Slaves doth not exempt them from Bondage WHereas some doubts have arisen whether Children that are Slaves by Birth by the Charity Piety of the Owners made partakers of the Blessed Sacrament of Baptism should by vertue of their Baptism be made free It is enacted declared by this Present Grand Assembly and the authority thereof that the
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