A Complete Collection OF ALL THE LAWS OF VIRGINIA NOW IN FORCE. Carefully Copied from the ASSEMBLY RECORDS. To which is Annexed an ALPHABETICAL TABLE. LONDON, Printed by T. J. for J. P. and are to be sold by Tho. Mercer at the Sign of the Half Moon the Corner Shop of the Royal-Exchange in Cornhill. To His Excellency FRANCIS LORD HOWARD, BARON of EFFINGHAM, His MAJESTY'S LIEUTENANT and GOVERNOR GENERAL OF VIRGINIA. May it please your Excellency, THough I know it a high Presumption in me to affix so great a Name to these Papers, yet I likewise very well know how heinous and apparent a Praemunire I should incur against all Equity and Justice, and in more particular manner against my bounden Duty to your Lordship, to Entitle any other to their Protection, or to set up any Foreign Power to be Supreme and Paramount to that of your Excellency's over them: You my Lord being at this time seated in the great and honourable Station of Governor General under his most Sacred Majesty, of that Place which the subject Matter of these Papers particularly relate to. My Lord, Those many Gracious and Regal Grants and Privileges which his most Excellent Majesty and Royal Ancestors (of ever blessed Memory) have from time to time bestowed upon this his Majesty's Colony of Virginia, since the first Settlement of the English there, have given being to these Laws for the better Government thereof; it being impossible for any number of Men to be at Peace or to flourish and prosper without good Laws, which are the firm Pillars of Government, and the strong Bonds of all Humane Society. One had as good live in a Desert amongst Savage Beasts, as among Men without Law to defend him; for Laws are the Hedges on either side the Road, which hinders from breaking into other men's Propriety. Laws are every Man's Civil Armour, that Guards him from the Gripes of Rapine and all other Outrageous Assaults and Insolences, and indeed 'tis for this chief that Laws are of use amongst us, not only to be our Guide, but also our Shield. The Great and Universal Monarch of the World, the Supreme Being, at first, in the very Infancy of Time gave unto Man a Law upon Parole, inscribed in his heart, that by those inward Dictates he might be guided and bounded in the whole Course and Road of his Life; but such has the Pravity of Humane Nature been, that this Divine Inscription is in a great measure defaced; so that Kings and Princes have found it of absolute necessity to give Literal and Prescripted Laws for the Government and Wellbeing of Mankind in their respective Places and Societies. These Papers being a Collection of the Laws of this Place, presume not to Instruct your Excellency, who in the fair Volume of your great Mind have all the Laws of Equity and Justice engraven, and the vast Universal Idea of whatever can be called good in Mankind is there stamped. But my Lord, these Papers which contain Laws, and therefore aught to preserve others from Calumny and Censures, yet cannot themselves; humbly crave your Excellency's Patronage, which proves a Sanctuary to all Goodness, so well as your Power is a Terror to all Vice. The Design of this Collection of Laws is the Good of the Inhabitants of this Place, for Laws though Enacted, stand in little stead and use till they are promulgated and made known to all persons concerned in the Obedience of them: Not my Lord that I accuse all the Inhabitants here with ignorance of their Duty, but, may it please your Excellency, The knowledge of all things that are good, the more diffusive the better, and I hope my Lord, that my honest and good intent herein will lessen and expiate in some measure my presumption in this Dedication to your Excellency. Your Illustrious Forefathers have been always famous for their constant and exemplary Loyalty to their Prince, and some of them have received the Signal Marks of Royal Bounty. Your Excellency has eminently and deservedly partaken of both, for his most Sacred Majesty (whom God grant long to Reign) seeing you treading in the same Steps of Loyalty with your Virtuous and Noble Ancestors, hath in his Princely Wisdom been pleased to entrust your Lordship with the Weighty and Honourable Employment of Lieutenant and Governor General of VIRGINIA. How happy is his Majesty in so Wise and Faithful a Subject and Minister! And how happy is your Excellency in serving a King whose Wisdom cannot only discern and justly value, but whose Goodness and Power can also Recompense the Merits of a Subject never so great! But my Lord, I dare not extend myself upon your Excellency's Panegyric, which is an infinite Subject, and requires the Pen of the most Skilful Orator: I shall therefore content myself to admire with other Men what I cannot comprehend, lest I should offend and be injurious to your Excellency by my little and weak Expressions, which are far below my thoughts, and my thoughts far below your great and high Merits; which necessarily forces all Men (whose happiness 'tis to know your Lordship) to aspire, and I more than all others, to take the liberty to write and style myself My most Honoured Lord, Your Excellencies most Humble most Devoted and most Obedient Servant J. P. A Complete Collection OF THE LAWS OF VIRGINIA AT A Grand Assembly HELD AT JAMES CITY 23 MARCH 1662. WHEREAS the late unhappy Distractions caused frequent Change in the Government of this Country, and those produced so many Alterations in the Laws, that the people knew not well what to obey, nor the Judges what to punish: By which means Injustice was hardly to be avoided, and the Just Freedom of the People, by the uncertainty and licentiousness of the Laws, hardly to be preserved. This Assembly taking the same into their serious Considerations, and gravely weighing the Obligations they are to discharge to God, the King, and the Country, have by settling the Laws, diligently endeavoured to prevent the like Inconveniencies, by causing the whole Body of the Laws to be revived, all unnecessary Acts, and chief such as might keep in memory our forced deviation from His Majesty's Obedience, to be repealed and expunged; and those that are in force to be brought into one Volume: And lest any prejudice might arise by the ignorance of the Times from whence those Acts were in force, they have added the Dates of every Act, to the end that Courts might rightly administer Justice and give Sentence according to Law for any thing happening at any time since any Law was in force: And have also endeavoured in all things as near as the Capacity and Constitution of this Country would admit, to adhere to those excellent and often refined Laws of England, to which we profess and acknowledge all Reverence and Obedience. And that the Laws made by us are intended by us but as Brief Memorials of that which the Capacity of our Courts is utterly unable to collect out of its vast Volumes, though sometimes perhaps, for the difference of our and their Condition, varying in small things, but far from the presumption of contradicting any thing therein contained. And because it is impossible to honour the King as we should, unless we serve and fear God as we ought. And that they might show their equal care, they have set down certain Rules to be observed in the Government of the Church, until God shall please to turn His Majesty's Pious Thoughts towards us, and provide a better supply of Ministers among us. BE it therefore Enacted by the Governor, Council, and Burgesses of this Grand Assembly, That all the following Laws continued or made by this Assembly, shall be hereafter reputed the Laws of this Country, by which all Courts of Judicature are to proceed in giving of Sentence; and to which all persons are strictly required to yield all due obedience: And that all other Acts not in this Collection mentioned, to be to all intents and purposes utterly abrogated and repealed; unless Suit be commenced for any thing done in the time when a Law now repealed was in force: in which Case the producing that Law shall excuse any Person for doing any thing to the Tenor thereof. I. Church to be built, or Chapel of Ease. BE it Enacted for the Advancement of God's Glory and the more decent Celebration of his Divine Ordinances, A Church to be built in each Parish. there be a Church decently built in each Parish of the Country, unless any Parish as now settled, by reason of the fewness or poverty of the Inhabitants, be incapable of sustaining so great a Charge; in which Case it is Enacted that such Parishes shall be joined to the great Parish of the same County, Small Parishes to have Chapels of Ease. and that a Chapel of Ease be built in such places, at the particular Charge of that place. II. Vestries appointed. THat for the making and proportioning of the Levies and Assessments for building and repairing the Churches and Chapels, Provision for the Poor, Maintenance of the Minister, and such other necessary Uses, A Vestry in each Parish, consisting of Twelve Men, to be chose by the Major part of the Parishioners. and for the more orderly Managing all Parochial Affairs, Be it Enacted that Twelve of the most able Men of each Parish be by the Major part of the said Parish chose to be a Vestry; out of which number the Minister and Vestry to make Choice of two Churchwardens yearly, as at, so in Case of the Death of any Vestry-man or his departure out of the Parish, that the said Minister and Vestry make Choice of another to supply his Room. None to be admitted of the Vestry without taking the Oaths of Allegiance and Supremacy. And be it further Enacted that none shall be admitted to be of the Vestry that doth not take the Oaths of Allegiance and Supremacy to his Majesty, and subscribe to be conformable to the Doctrine and Discipline of the Church of England. III. Glebes to be laid out. Provision for the Minister. THat for the better encouragement and accommodation of the Ministry, there be Glebes laid out in every Parish, and a convenient House built for the reception and abode of the Minister according to his Majesty's Instructions. His Maintenance to be worth 80 l per Annum besides his Perquisites and Glebe. And that such Provision be made for his Maintenance in the valuable and current Commodities of the Country, as may be really worth Fourscore Pounds per Annum, besides his Perquisites and the Glebe: Viz. If in Tobacco at the rate of Twelve Shillings the Hundred, in Corn at Ten Shillings the Barrel, if in Money by Bills of Exchange, Security to be given for the certain Payment, and in Case of protest to be recovered here with Fifty per Cent. for Damages. IV. Ministers to be Inducted. 1642. No Minister to Officiate without producing Testimonials of his having received his Ordination of some Bishop of England. THat for the preservation of Purity and Unity of Doctrine and Discipline in the Church, and the right Administration of the Sacraments, no Minister be admitted to officiate in this Country but such as shall produce to the Governor a Testimonial that he hath received his Ordination from some Bishop in England, and shall then subscribe to be conformable to the Orders and Constitutions of the Church of England and the Laws there established; upon which the Governor is hereby requested to induct the said Minister into any Parish that shall make presentation of him: And if any other Person pretending himself a Minister, shall contrary to this Act presume to Teach or Preach publicly or privately, the Governor and Council are hereby desired and impowered to suspend and silence the Person so offending: And upon his obstinate persistence to compel him to departed the Country with the first Convenience, as it hath been formerly provided, by the 77 Act made at James City the 2 of March, 1642. V Ministers to provide Readers. 1661. THat every Parish not having a Minister to Officiate every Sunday, Divine Service to be read each other Sunday. to make Choice of a grave and sober Person, of good Life and Conversation, to read Divine Service every intervening Sunday at the Parish Church, when the Minister preacheth at any other place. VI Liturgy to be Read. THat the Canons set down in the Liturgy of the Church of England for celebrating Divine Service and Administration of the Sacraments, Canons and Liturgies of the Church of England to be observed. be duly observed and kept: And that the whole Liturgy, according to the said Injunctions, be by the Minister or Reader at Church and Chappel every Sunday throughly read. VII. Church Catechism. No other Catechism but that in the Common-Prayer to be used. THat neither Minister nor Reader teach any other Catechism then that by the Canons appointed and inserted in the Book of Common Prayer: And that the Minister expound no other than that: That our Fundamentals at least may be well laid, and that no Reader upon presumption of his own abilities do attempt the expounding that or any other Catechism or the Scriptures. VIII. Ministers to Preach Weekly. Ministers to preach Weekly. Sacraments to be Administered at least twice in the year. THat the Minister of every Parish preach constantly every Sunday: Viz. One Sunday in a Month at each Chapel of Ease in his Parish, if there be any, and the other in his Parish Church, and that twice a year at least he administer the Sacrament of the Lords Supper there. IX. Sundays not to be profaned. The Lord's day to be kept Holy. THat the Lords day be kept Holy, and that no Journeys be made on that day, except in Case of emergent Necessity; And that no other thing be used or done that may tend to the Profanation of that day: Divine Service and Preaching to be diligently attended. But that all and every person and persons inhabiting in this Country, having no lawful excuse to absent, shall upon every Sunday and the four Holy Days hereafter mentioned, diligently resort to their Parish Church or Chappel accustomed, then and there to abide orderly and soberly during the time of Common-Prayer, Preaching, or other Service of God, upon penalty of being Fined Fifty pounds of Tobacco, by the County Court upon presentment made by the Churchwardens, who are to Collect the same with the Parish Levies: Provided always, That this Act conclude not Quakers or other Recusants, who out of Nonconformity to the Church, totally absent themselves, but that they shall be liable to such Fines and Punishments as by the Statute of 23 of Eliz. are Imposed on them; being for every Month's absence Twenty pounds Sterling; and if they forbear a Twelvemonth, then to give good security for their Behaviour, besides their payment for their Monthly absence, according to the Tenor of the said Statute: Quakers to be presented as by 23 Eliz. Presentments of Defaulters to be made by the Churchwardens. And that all Quakers for Assembling in unlawful Assemblies and Conventicles, be fined and pay each of them there taken 200 l. of Tobacco for each time they shall be for such unlawful Meetings presented by the Churchwardens to the County Courts. X. January the 30th. to be kept a Fast. WHereas our late Surrender and Submission to that execrable power that so bloodily massacred the late King Charles the First of ever blessed Memory, hath made us by acknowledging them, guilty of their Crimes, to show our serious and hearty repentance and detestation of that Barbarous Act; Be it Enacted, A yearly Fast on the 30th. of January. That the Thirtieth of January, the day the said King was Beheaded, be annually solemnised with Fasting and Prayers, that our Sorrows may expiate our Crime, and our Tears wash away our Gild. XI. May 29th. to be kept holy. SInce God of his Mercy hath been pleased to Restore our late distracted Kingdoms to Peace and Unity; And his late distressed Majesty to the Throne of his Royal Ancestors: The 29th of May to be Celebrated as an Holy day. Be it Enacted, That in Testimony of our Thankfulness and Joy, the Twenty-Ninth of May, the day of his Majesty's Birth and happy Restitution, be annually Celebrated as an Holy day. XII. None to be Married but by Ministers, nor by them, but by Licence, or publishing the Banes. Marriage to be performed by Ministers only, and according to the Laws of England. THat no Marriage be solemnised or reputed valid in Law, but such as is made by the Minister according to the Laws of England; And that no Minister Marry any person without Licence from the Governor of his Deputy, or thrice publication of Banes according to the prescription of the Rubric in the Common-Prayer Book, which enjoins, That if the persons to be Married, dwell in several Parishes, None to be Married without Licence or publication of Banes. the Banes must be asked in both Parishes, and that the Curate of the one Parish shall not solemnize the Matrimony until he have a Certificate from the Curate of the other Parish that the Banes have been there thrice published and no objection made against the Parties joining together: And if any Minister shall contrary to this Act Marry any persons, he shall be Fined Ten thousand pounds of Tobacco: The Penalty. And any pretended Marriage made by any other than a Minister be reputed Null; and the Children born out of such Marriage of the Parents, esteemed illegitimate: And the Parents suffer such punishment as by the Law prohibiting Fornication ought to be Inflicted. XIII. Churchwardens to make Presentment. THat the Churchwardens shall twice every year, Churchwardens shall make Presentments of all Misdemeanours twice in the year. viz. In December Court and April Court, deliver a true Presentment in Writing of such Misdemeanours, as by their Knowledge or by common Fame have been committed whilst they have been Churchwardens, namely Swearing, Profaning Gods holy Name, or Sabbath abusing, or contemning his holy Word and Sacraments, or absenting themselves from the Exercise thereof: Presentments for what. As also of those foul and abominable sins of Drunkenness, Fornication, and Adultery; and of all Malicious and Envious Slandering and Backbiting: for the better manifestation whereof, the said Churchwardens are Impowered to Cause all such Persons upon whose reports they ground their Presentments, to appear at the respective County Courts, to which the Presentments are made, to give in their Evidences concerning the same. XIV. Burying of Servants or others privately, prohibited. WHereas the private Burial of Servants and others, Private Burials prohibited. give occasion of much Scandal against divers Persons, and sometimes not undeservedly, of being guilty of their Deaths; from which, if the person suspected be Innocent, there can be no Vindication, nor if Guilty no Punishment, by reason they are for the most part Buried without the Knowledge or View of any others than such of the Family, as by nearness of Relation, as being Husband, Wife, or Child, are unwilling, or as Servants, are fearful to make discovery if Murder were Committed: for Remedy whereof, as also for taking away that Barbarous Custom of exposing the Corpse of the Dead, by making their Graves in Common and Unfenced Places, to the prey of Hogs and other Vermin; Places to be set apart for Public Burial. Be it Enacted, That there be in every Parish Three or Four, or more Places appointed, according to the greatness or littleness of the same, to be set apart and fenced in for Places of Public Burial for that Precinct: And further, That before the Corpse be Buried, there be at least three or four of the Neighbours called, who may in case of Suspicion view the Corpse; and if none, yet according to the decent Custom of all Christendom, they may accompany it to the Grave. And be it further Enacted, That no persons, whether Free or Servants, shall be Buried in any other place than those so appointed, unless such who by their own Appointments in their life time have signified their desire of being interred in any particular place else where. XV. Churchwardens to keep the Church in repair and provide Ornaments. Churches to be Repaired. ANd it is further Enacted, That the said Churchwardens take care, and be impowered during their Church-wardenship, A Great Bible, two Common-Prayer-Books, a Communion Cloth and other Ornaments to be provided. to keep the Church in Repair, provide Books and decent Ornaments: (Viz.) a Great Bible, two Common Prayer Books, a Communion Cloth and Napkins, a Pulpit and Cushion, this present year and after annually: something towards Communion Plate, Pulpit Cloth and Bell, as the Ability of the Parish will permit: And that they the said Churchwardens do faithfully Collect the Minister's Dues, Churchwardens to Collect the Minister's Dues. Cause them to be brought to Convenient places, and honestly pay them, and that of all their 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 Churchwardens 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 Country 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 Governors, whose knowledge of persons cannot possibly extend over the whole Country: 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 Governor to depute, that he hath taken a Bond as aforesaid, who by virtue 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 Governor ascertained of his just Deuce, 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 Secretaries 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 Governor 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 Governor, the Fees for the Licences to be as followeth: viz. To the Governor 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 College. WHereas the want of able and faithful Ministers in this Country 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 Country, 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 College and Free-School. there be Land taken up or purchased for a College 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 Country, 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 virtue of his Office but find all such Lands for the King; Which we Francis Morison and Thomas Ludwel, who are at present Entrusted by his Majesty's 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 Ri●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 join with them, making it our request to Major Norwood his Majesty's 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 aught 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 signify her desire within the time aforesaid. 4. That all Lands Escheated before the two years aforesaid, the person concerned shall pay for his Composition as aforesaid: But all Lands which shall hereafter lapse, or which have lapsed within the two years' last passed, the Composition to be made for, with those by his Majesty's Treasurer appointed and authorized thereunto: And that the Widow be admitted, in the first place, she making her Claim within Eight Months according to the Proposition abovesaid. XIX. COURTS. Courts formerly called Quarter Courts, to be henceforth styled General Courts. Whereas the name of Quarter Courts, is altogether unsuitable to the nature of those Courts held by the Governor and Council, both in respect there are but three of these Courts in the year, as also because they are not equally distributed in the Quarters of the year, September and November being too near, and March too long from them to admit of that Title. Be it therefore Enacted, That the said Courts be no longer Styled Quarter Courts, but that they be henceforth called General Courts, a Name more suitable to the Nature of them, as being places where all Persons and Causes have generally Audience, and receive Determination. Whereas the Acts of Assembly already made, are very defective in prescribing the Rules to be observed in the Proceed, both in those General and the Particular County Courts; for want whereof many Errors are committed, the respects due to the Courts, so nearly representing his Majesty's Sacred Person, by the clamorous unmannerliness of the people lost: and the order, gravity, and decorum, which should manifest the Authority of a Court, in the Court itself neglected: And in regard the long omission of those hugely material, though in themselves little things of form, hath caused all things still to continue in the first Disorders; It hath appeared necessary to this present Grand Assembly, to set down the Rules and Forms themselves, for the beginning, continuance, and proceed in the said Courts as followeth. And it is therefore Enacted, That the General Courts begin and continue as followeth. General Courts to begin and continue. Rules for the beginning, continuance, and proceed in Courts. That March Court begin the Twentieth of March, if it be not Saturday or Sunday, and then the Monday following, and hold Eighteen days, not accounting Sundays in the number. That September Court begin the Twentieth of September, if it be not Saturday or Sunday, and then to begin the Monday following, and hold Twelve days, not accounting Sundays in the number. That November Court begin the Twentieth of November, if it be not Saturday or Sunday, and then to begin the Monday after, and hold Twelve days, not accounting Sundays in the number. That Adjournments of the said Courts be always avoided, and that they begin precisely upon the day, that all persons knowing the day of the return of the Writs, may accordingly give their Attendance. Style how Entered. How the Style of the Court shall be entered. That the Style of the Court be entered thus, AT a General Court held at James City the Twentieth of _____ by His Majesty's Governor and Council in the _____ year of the Reign of our Sovereign Lord CHARLES the Second, by the grace of God of Great Britain, France, and Ireland, King, defender of the Faith, etc. and in the year of our Lord God _____ present. Insert the Names of the Governor and Council. Manner of proceeding in Court. Silence commanded, then let the Crier or Under-Sheriff make Proclamation, and say, O Yes! O Yes! O Yes! Silence is commanded in the Court while His Majesty's Governor and Council are sitting, upon pain of Imprisonment. Suitors to appear. After Silence commanded, let the Crier make Proclamation, saying, ALL manner of persons that have any thing to do at this Court, draw near and give your attendance; and if any one have any Plaint to enter or Suit to prosecute, let them come forth and they shall be heard. When Silence is thus commanded, and Proclamation made, upon calling the Docket the Crier shall call for the Plaintiff. Calling the Plaintiff. A. B. come forth and prosecute thy Action against C. D. or else thou wilt be Nonsuit. And the Plaintiff putting in his Declaration, the Crier shall call for the Defendant. Calling for the Defendant. C. D. come forth and save thee and thy Bail, or else thou wilt forfeit thy Recognizance. Warrants for Proceed to be issued by the Clerk. For Proceed in the said Courts, Warrants to be issued by the Clerk. XX. Actions to be proportioned. BE it Enacted, Actions shall be proportioned to the number of Twenty for each day. That Warrants be issued by the Clerks of the General Courts, and the said Clerk so proportion the number of his Actions, that there be for each day Twenty: And that until there be Twenty Actions entered for the first day, no Warrant issue for the second; and then Twenty for the second before any issue for the third: and so proportionably Twenty per day, for so many days as there are Actions to fill with that number: It being unreasonable that the Governor and Council should wait a Week for a straggling Business entered at a particular man's pleasure. And in case any special Warrant issue, that for the extraordinariness of the business may require the Governors own signing: It is Enacted, That the person first go to the Clerk, and there enter his Action, and the day of the Return, before his Warrant shall be signed. And whereas some scruples have arisen about the time Warrants may be served, viz. Whether ten days before the Return, that is the day mentioned in the Writ to appear, At what time Warrants may be served. It is hereby declared that Warrants may be served at any time, if there be ten days between the Serving and the Return as aforesaid: And further, That it may be done in Court time for the same Court, if there be ten days between the Serving. XXI. Courts to sit from Eight to Eleven of the Clock in the Forenoon, and from One to Three Afternoon. How long Courts shall Sit. BE it also further Enacted, That the Court shall each day sit from Eight of the Clock to Eleven in the Forenoon; and from One to Three in the Afternoon. And for avoiding all Errors that may happen in the Draught for the Orders by the Clerk, either through his misapprehending the sense of the Court, or the partial Information of any person concerned, which he being distracted with the multitude of Business may unwittingly assent to, That all Orders of the day be by the Clerk drawn up against next Morning, and then read in open Court in presence of the Plaintiff and Defendant, if they will be present, when Rule will be given by the Court for Amendment of Errors, Amendment of Errors. if any be, before they be Entered upon Record; and the Plaintiff or Defendant, if they have any new matter of Plea, shall then have liberty to plead it in Arrest of Judgement: And the Orders thus publicly read and confirmed, shall be signed by the Secretary, which shall remain upon File in the Office for the full justification of the Clerk, who is to enter them in the Book of Records. XXII. The Plaintiff to File his Declaration Three days before the day of Hearing. Declarations to be filled three days at least before Pleading. ANd whereas the Clerk is enjoined to enter Twenty Actions for each day, and the Court to sit at certain hours, so also it is hereby Enacted, That the Plaintiff File his Declaration in the Office, at least three days before the day of Hearing: in which time the Defendant may take a Copy thereof, the Original still remaining in the Office, and provide his Answer in writing ready to present to the Governor and Council at the day of Hearing: And further, That if the Plaintiff fail either in not appearing to prosecute, or in neglecting to File his Declaration, as is hereby enjoined, he shall pay to the Defendant if he lived within Fifty miles of James City, The Penalty of a Default. One hundred and Fifty pounds of Tobacco for a Nonsuit; and if he dwell further off, then Three hundred and Fifty pounds of Tobacco besides his Amercement to the Public. And if the Defendant make default, the Judgement to pass against the Bail for the thing sued for; or if no Bail be returned, then against the Sheriff, besides his Amercement of One thousand pounds of Tobacco, laid upon him by Act for not making Returns; Provided that the Bail and Sheriff have respite of Execution until the next Court: when if they bring in the person of the Party, the Judgement of the first Court granted to be reversed, but the Amercement awarded against the Sheriff to continue and not be remitted. XXIII. Adjournment to the two last days for Determination of References by Avisare Volumus, or Actions entered in Court time. ANd whereas this Act enjoins the proportioning so many Actions to a day, but gives liberty to Arrest in Court time to the last days of the Court, and whereas some Cases of Difficulty may be presented, Adjournment to the two last days for determination o● References by Avisare Volumus. upon which the Court may desire to advise. Be it therefore Enacted, That as soon as the Court hath sat so many days as are filled with Actions, it shall be Adjourned to the two last days of that Court; and whatever the Court hath referred by their Avisare Volumus, and all Actions entered in Court time as aforesaid, shall be then tried and determined. XXIV. Criminal Causes to be tried at the General Court. Crimminal causes to be Tried only at General Courts, and on the Fourth day. WHereas men of the greatest Abilities both of Judgement and Integrity, do usually meet at the General Courts, whither their Ocasions do frequently call them, and because any thing that concerneth Life or Limb, requires the ablest Juries to inquire of it: Be it Enacted, That all Criminal Causes, that concern either Life or Member, shall be tried at the General Courts, only the Fourth day of the said Courts; Juries to be Chosen, out of the Neighbourhood. And because the Laws of England do enjoin Juries to be chosen out of the Neighbourhood where the Fact was committed: according to which the remoteness of our Habitations doth not admit us so fully to practice, as we desire; yet that we may come to them as near as possible we may, and because it is very requisite that part of the Jury, at least, should come from thence, who by reason of their nearer acquaintance with the business, may give information of divers Circumstances to the rest of the Jury: Be it therefore Enacted, That immediately after the commitment of any person found Criminal by the Grand Inquest, The manner of proceeding by Juries in Cases Criminal. the Sheriff of the County to whose Custody he is committed, shall give notice thereof to the Secretary's Office at James City, and the Clerk of that Office shall presently send a Venire Facias to the said Sheriff to impannel Six men of the ablest and nearest of the Inhabitants of his County, Sheriffs to Impanel Juries. to that place where the Fact was committed, to be of the Jury for Trial of that Cause, returnable the said Fourth day of the next General Court, where the said Jurymen are bound to appear, What Allowance Jurymen shall have for their Charges. and for their Charges, the Country shall allow to each Man Twenty pounds of Tobacco per day, for each day they may be reasonably coming to, and returning from James City, and Fifty pounds of Tobacco per day, during their Attendance there about it, (Viz.) from the day they are by the Writ to appear, until they be discharged; and that the rest of the Jury be made up of the Bystanders. XXV. The Governor and Two of the Council to go the Circuit. Whereas the Honourable Governor out of his singular care of his due Administration of Justice in all Courts, and that he might be the better enabled to render his Majesty an exact account of the Government, hath been pleased to take upon him and the Council, the pains of Visiting all the County Courts of the Country: Be it therefore Enacted, That the Honourable Governor and one of the Council, or upon the urgent Affairs of the Country hindering the Governor, The Governor or Two of the Council, whom he shall Commissionate, to go the Circuit yearly. that the Governor commissionate too of the Council for every River, yearly in August, to set Judges in all the County Courts, and there hear and determine all Causes then depending in them, by Action or Reference, from any other preceding Court in that County: Provided no Councillor be appointed to go the Circuit in the River wherein he doth inhabit. XXVI. Appeals how to be made. Whereas many appeals are made from County Courts to General Courts, and from General Courts to Assemblies, whereby the speedy Execution of Justice is often retarded, and many persons disabled by the Charge of going to James City to prosecute, are forced many times to desist from the Claim of their just Rights: Be it therefore Enacted, Appeals from County Courts, how to be made, and to whom. That for the avoiding Delays and for the ease of the Inhabitants, all Appeals made in any Court after the General Court in March, be referred to the Hearing of the Governor or Itenerary Councils in their Circuit, from whose Sentence there, if any person will appeal, if the Governor be present, shall be made to the next Assembly; if two of the Council, then to the next General Court: from which the said Councillors, during the Trial of such Cause or Causes, in which they had at the County Courts given their Opinions, shall be suspended; but because in the Winter time the General Courts are more frequent, and all Causes there receive a speedier determination, and because Tobacco being only then payable, may be paid in kind: Appeals when they shall be made to the General Court. It is Enacted, That all Appeals made from October, December, and other intervening County Courts, be made to the next succeeding General Court, and from thence to the Assembly, and because there may be as great Errors of Judgement or Will in matters of small value as in the greatest: It is further Enacted, That Appeals shall lie open, as aforesaid, for any thing of what value soever: Always provided, That the Appellant put in good Security for Prosecuting the Appeal, and payment of Fifty per Cent. Damages to the Defendant, if the Appellant be cast in the Suit for his unjust molestation: Provisoes in ease of Appeals. Provided also, That no Appeals be made from Northampton County, whose remoteness and dangerousness of passage, is such, as is not, for inconsiderable Causes to be attempted under the value limited by former Acts of Assembly, In wha● Cases only App●als are to be m●●● from N●●●h●mpton County. being Three thousand pounds of Tobacco, or Thirty pound Sterling, any thing in this Act to the contrary notwithstanding: And be it further Enacted, That all Causes of what Value or Nature soever, not touching Life or Member, may be tried at the County Courts; and that no Arrest be made to the General Court in any Action under the value of Sixteen hundred pound of Tobacco, No Appeals from County Courts to the General Court, save only in Cases Criminal. or Sixteen pounds Sterling, upon penalty of Five hundred pound of Tobacco, to be paid by the Plaintiff to the Defendant for his Charges. XXVII. Amerciaments in the General Courts Fifty Pound of Tobacco per Cause, in County Courts Thirty per Cause. WHereas many Suits are raised upon frivolous occasions by Litigous persons, for prevention thereof for the future, be it Enacted and Confirmed, That all persons whatsoever that are cast in any Cause, be they Plaintiffs or Defendants, Amerciaments in General and County Courts stated. shall be amerced (besides the Damages and Costs to the Recoverers) Fifty pounds of Tobacco in General Courts to the use of the Public, and in the County Courts Thirty pounds of Tobacco for the maintenance of the Commissioners; for the due Collecting whereof, be it Enacted, That the Clerks of the General Courts, and the several County Courts, An Account to be kept of Amerciaments. keep an exact Account of the Amerciaments, and deliver or send the same to the several Sheriffs of the particular Counties, who are hereby required to collect the same with the Levies; and are accordingly impowered for Default of payment, to make Distress; Sheriffs to collect them. and commanded not to return any Arrears (Executors and Administrators, who cannot pay without Orders, always excepted.) XXVIII. Subpoena's to be issued by the Clerk. BE it also Enacted, When the Clerk shall issue Subpoena's, and when a Dedimus Potestatem That the Clerk of the General Court shall issue Subpoena's from the Secretary's Office for all Evidences required in the Trial of any Cause there depending, if the Witnesses required do not dwell beyond the Bay, or the North side of James River; and if they do, that then a Dedimus Potestatem shall issue for taking the Deposition in the County or Counties, where the Witnesses do dwell: Evidence shall be given viva voce in Cases Criminal. Provided always, That in Criminal Causes all Witnesses be bound over to give in their Evidences viva voce at the Trial in the General Court. XXIX. Dedimus Potestatem how to issue. WHereas many Causes between parties and parties, are lost for want of Evidence, who living so far remote cannot, but at a Charge and Expense far exceeding the value of the Cause, be brought to give it viva voce, at the General Court, or at the County Courts, if the party dwell out of the County; or else a greater mischief is introduced, by the partial and illegal Examination of Witnesses in presence of but one party, before some one Commissioner, perhaps too favourably inclined to the party, in whose behalf the Depositions are taken; besides the trouble, expense, and hindrance of the Witnesses themselves, who many times are forced One hundred Miles from the Place of their Residence, for a small allowance, to give Evidence in Trials of petty and inconsiderable values; for remedy whereof, and that all Parties may with more convenience, less trouble and cost, have their Evidences impartially and legally taken: Be it Enacted and Confirmed, That if the Cause to be tried at the General Court, the Governor, if in any County Court, any one of the Council or the Judge of the Court, A Dedimus Potestatem in what Cases to be granted, by whom, and to whom it shall be directed. shall Grant and Sign a Writ of Dedimus Potestatem, for Examination of Witnesses, in the Counties where they dwell; directed to Three such Persons as the Plaintiff and Defendant, if they both desire the Writ, shall by consent make choice of and nominate; but if it be the single request of either Plaintiff or Defendant, than the Governor, Councillor, or Judge of the County Court, out of Court time, shall nominate and appoint three or more such indifferent Persons to Examine all such Witnesses, as by the Party desiring the Writ they shall be moved to Summon before them; and to this end the Commissioners thus made choice of, or appointed to execute the Writ, or any two of them, shall by the said Writ be impowered and required to appoint a time and place when and where they will receive the Evidences, and to issue out Subpoena's for their Appearances accordingly; and if upon such Summons any of the Witnesses refuse and neglect to come and give in their Evidences, than the Commissioners or any two of them, The Non-appearance of Witnesses in case of a Dedimus Potestatem finable. be further impowered by this Act to lay such a Fine upon them as the Act of Assembly gives in such Cases for Non-appearance of Witnesses at the General or County Courts: Provided always, That the Parties procuring the Writ, shall give the Party concerned against him, notice of the time and place, when and where the Commissioners intent to sit, at least ten days before the day appointed by the said Commissioners for putting it into Execution. And be it further Enacted, That the said Commissioners or any two of them, which take the said Examinations, shall immediately subscribe them, seal them and the Writ up, and return them with the Writ so sealed up, to the Clerk of the General Court, if the writ issue from the Governor, or else to the Clerk of the County Court whence the Warrant issued, by either of the said Clerks to be read at the time of the Trials of the Cause, in either of the said Courts. XXX. Penalties for Non-appearance of Evidences. BE it also Enacted, That the Penalties to be inserted in Sub-poena's to the General Courts for Non-appearance of the Evidences summoned, Penalty of Non-appearance upon Sub-poena ' s. be One thousand Pounds of Tobacco, and for like Default of the County Courts Three hundred and Fifty Pound of Tobacco, and that all Witnesses summoned to give in their Evidences at either of the said Courts, Charges allowed to Witnesses. shall be allowed for their necessary time spent in coming and going to and from the said Courts, Twenty Pounds of Tobacco per day; and for the time they attend there until they have given in their Evidences, Forty Pounds of Tobacco per day; and because many, maliciously to aggravate the charge of the Suit, summon many more Witnesses than are needful; Be it therefore further Enacted, That there shall not be allowed in any Bill of Costs, the charge of above Three Witnesses to any one Action, The number of Witnesses limited. unless for proof of several Matters incident thereunto, which severally may require the attestation of Two Witnesses. XXXI. County Courts Appointed. BE it also Enacted for the more due Administration of Justice in the several Counties, and the greater ease of the People in obtaining the same, the Courts be continued in each County, County Courts their Institution, and how to be form. as of long time hath been accustomed, and that the said Courts do consist of Eight of the most able, honest, and judicious Persons in the County; which Eight, or any Four of them, whereof one to be always of the Quorum, are to be impowered by Commission from the Governor for the time being to act, according to the Laws of England and of this Country, and to empower them severally, and out of Court, to act and do all such things as by the Laws of England are to be done by Justices of the Peace there. And be it further Enacted, That the Persons thus Commissionated, Members of County Courts shall take the Oaths of Allegiance and Supremacy, and the Oath of a Justice of Peace. take the Oaths of Allegiance and Supremacy, and the Oath of a Justice of Peace, that they be called Justices of Peace, that the Courts be stilled County Courts; and further, That the Justices do keep the said Courts precisely upon the days appointed by this and former Acts of Assembly, (viz.) At what places, and when County Courts shall be held. Henrico the 1 day Charles City the 3 day James City the 6 day Isle of Wight the 9 day Nanzemond the 12 day Lower Norfolk 15 day Elizabeth City the 18 day Warwick County the 21 day York County the 24 day Nothampton the 28 day, New Kent the 28 day, Gloucester the 16 day, Lancaster the Rappahanoch the Surry the Northumberland the Westmorland the And all Adjournments by all means possible be avoided, and that all the Justices of the said Courts respectively, shall duly attend the same, and shall not departed or absent themselves from thence without the licence and consent of the rest of the Justices there present; and if any of them shall happen to have a lawful Cause of absence, it is thought fit that in such Cases they shall upon the First day of the Court, signify the same to the Court by Writing, and that they make good proof of the Truth thereof at the next ensuing Court, or else being delinquent in the premises, every Justice so offending shall forfeit for every time of his absence Three hundred pounds of Tobacco, to be imposed by the Court, and disposed of to the good of the County. XXXII. No Arrest without Entry of Action. BE it also Enacted, That all Actions to the County Courts and Subpoena for Witnesses, or in Chancery, be first entered with the Clerk of the County, or his known Deputy, before any Arrest made or Summons served, under Penalty of Five hundred pound of Tobacco, to be levied upon the Sheriff that shall presume to serve any Process contrary to the Tenor hereof: And be it Enacted, That the Plaintiff in any Action, shall at least the day before the Court, enter his Bill of Complaint, Actions to be entered before Arrests. and leave it in the Clerks hands, that the Defendant if he will may have a Copy thereof, and accordingly provide his Answer, but the Original Declaration or Bill to be always filled in the Office. XXXIII. The Defendant to put in his Answer. ANd be it further Enacted, That for the better regulating and keeping the Records, and transfering the Precedent to Posterity, as also for prevention of new Suits upon mistake of the grounds of others, that as the Plaintiff, both in General Courts and County Courts files his Declaration, so the Defendant in both those Courts shall also put in his Answer in writing, Answers to Declarations shall be filled. and that the Judgement, if for the Plaintiff, be endorsed on the Declaration, if for the Defendant on the Answer, and further that all Evidences concerning that Cause, be filled together with them, and by the Clerk carefully preserved. XXXIV. Form of Entering the Court. BE it also Enacted, That the Form for Entering the Style of the Court, Form of Entry in County Courts. Proclamation for Silence, the Criers calling the Plaintiff and the Defendant to Answer, be observed in the County Courts, as well as in the General Courts, varying only in the Title of the Court and the Assessors. XXXV. Court not to take Cognizance of any thing under Two hundred Pounds of Tobacco. AND be it also Enacted, That the Court shall not take Cognizance of any Cause under the value of Two hundred pounds of Tobacco, or Twenty Shillings Sterling, which a private Justice may, and is hereby authorized and impowered to hear and determine. And whereas many Vexatious persons do very much trouble the Courts and their Neighbours for babbling words, Of what things Courts shall take Cognizance. sometimes passionately but not maliciously spoken, Be it therefore Enacted, What Defamations are actionable. That no Action be admitted for Defamation in any Court, where the words are not Actionable; and further, that there be no words Actionable, but such as if true, might have brought the person to suffer Punishment by Law; any other to be cast out of the Court, and the Plaintiff to be Nonsuited: not that liberty is hereby given or intended to any scurrilous person to abuse others at his pleasure, but that his Majesty's Courts be not for such Brawls forced to wave matters of greater consequence: and because offences of this Nature may be determined by a particular Justice, who is hereby impowered to bind the persons so offending to the good Behaviour, or if they find not good security for the same, to commit them to Prison till they find it. XXXVI. Private Courts Prohibited. WHereas many things are acted, and Administrations granted at private Courts, which tends to the apparent Damage of divers of the Inhabitants of this Country, Be it therefore Enacted, Private Courts prohibited. That no private Courts be kept, but that all business triable or grantable, by or at the County Courts, be tried and granted in open Court at the times and places by Law appointed: Provided always, That it shall and may be lawful for the d spatch of Merchants and other Sea affairs, A Proviso made. which cannot without much prejudice and detriment to the said Merchants or Masters, be deferred till the Courts in course should come, it is Enacted, That it shall be lawful for any Justice of the Quorum, by his Warrant directed to the Sheriff, to call a particular Court, and to summon any person or persons before them. XXXVII. Trials by Juries. WHereas the Seventieth Act made in 1642, and continued, by the Ninety first Act 1657, seems to restrain both Plaintiff and Defendant from trial by Juries, unless the Plaintiff in his Declaration, or the Defendant upon entry of his Appearance, do desire the same; which restriction is quite contrary to the Law of England; by which, the trial of all matters of Fact is as appropriate and inherent in the Jury as matter of Law is in the Judges; for which causes, and that we may in all our Trials come as near as may be to the Laws of England, by which we are to be governed, as our present Capacities will admit, Be it Enacted, That every morning the Court sits, whether the General or County Courts, Juries appointed as well in County Courts as in the General Courts. the Sheriff of the County in which it sits, shall impannel a Jury to attend the Court that day, to try such Causes as the Court shall find proper to be referred to them; and that when ever a Jury is sent out, a Officer sworn to that purpose shall keep them from Meat and Drink, until they have agreed on their Verdict. XXXVIII. Grand Juries to present Offenders. WHereas the several Laws instituted and made for the redress of several Misdemeanours and Offences, either through the remissness of the County Courts, or the Justices that keep the same, or else through the Defect of the Laws, in not appointing some peculiar Officers to look narrowly after the Offenders, and to make presentment thereof to the said Justices at their County Courts; by which means the Laws themselves are slighted and contemned and become wholly useless and ineffectual: Be it therefore Enacted and Confirmed, That Juries of Inquest be Impanneled and Sworn in every County, to inquire of breach of all Penal Laws in their several Counties, and that they make Presentment thereof to the General County Courts twice yearly (Viz.) in April Court and December Court, Grand Juries shall in each County twice a year make Presentments. when the Justices are to receive them, and find them according to Law, and to take for Evidence the Presentment of the Jury, if made upon the certain knowledge of any of them; or otherwise the Parties that inform the Jury to give their Evidence to the next Justice, in presence of the Party presented; which Deposition being produced by the Jury with their Presentment, shall be sufficient ground for the Court to pass Judgement against the Offenders. XXXIX. Pillories to be Erected at each Court. WHereas many Offences are punishable by the Laws of England and of this Country with Corporal Punishments, A Pillory, a Whipping Post, and a Pair of Stocks, etc. to be set up in every County. for executing whereof no such Provision hath been made as the said Laws require: Be it therefore Enacted, That in every County, the Court cause to be set up a Pillory, a pair of Stocks, and a Whipping-Post near the Court House, and a Ducking-Stool, in such place as they shall think convenient; that such Offenders as by the Laws are to suffer by any of them, may be punished according to their Demerits; and the Court not causing the said Pillory, Whipping-Post, Stocks and Ducking-stool, to be erected within Six Months after the Date of this Act, shall be fined Five thousand pounds of Tobacco to the use of the Public. XL. Fines to be disposed of by the Assembly. WHereas divers Trespasses against the Public, are punishable by Fines, which are by the present Law to be disposed of to the use of the Counties in which the Trespass is committed, and yet nothing done for the good of any County, as was intended; whereby it may be presumed that the said Fines are either not gathered, whereby the Trespassers by this lenity and impunity are encouraged to persist in their contempts of the Laws, or else the said Fines are by some evil Common-Wealths-men perverted to their private uses; for prevention whereof for the future, Courts only shall impose and collect Fines. Be it Enacted, That the Courts shall only lay and collect the Fines, and that they cause the Clerk of their respective Courts to keep an Account thereof, and to return the Estreatments to the Clerk, of the Assembly at James City, by the third of the General Court held there in March yearly. And it is further Enacted, That the said Clerk of the Assembly do annually attend accordingly, during the time, at the place aforesaid, to receive them, and at the next Assembly to present them to the Burgesses, who are to order the disposal of the said Fines, as to them shall seem most necessary for the good and benefit of the several respective Counties wherein they accrued due; always proportioning to every County the use of all the Fines which were levied therein. XLI. Supersedeas by whom, and how grantable. WHereas the Writ of Supersedeas, hath of late been too frequently granted upon slight pretences of Error in the Court, thereby not only injuriously delaying Justice, and keeping Men from their just Deuce, but also bringing Calumnies and Aspersions upon the Courts themselves; Be it therefore Enacted, That not Supersedeas whatsoever shall hereafter be granted, No Supersedeas shall be granted but by the Governor, and two of the Council. but by the Governor and two of the Council, nor by them, unless the party desiring it, make it probably appear to them that there is Error in the Judgement, and shall then also give good Security to make good his Plea; and if he be cast at the next General Court, to pay the Principal with Five and Twenty per Cent. Damages, besides Costs. XLII. Prisons to be built in each County. WHereas the first Act of the Assembly held at James City the 3d of November 1647, and continued by the Assembly held there the third of March 1657, for prevention of Escapes for Prisoners; hath Enacted, That suffiicent Prisons should be built in each County, and that an House built after the form of a Virginia House, (our Abilities not extending to build stronger) should be accounted a sufficient Prison, and that any person being a Prisoner for Debt or Crime: And breaking one of those Prisons, should be proceeded against as a Felon, and that neither Court, Commissioner, nor Sheriff, should be answerable for such escape, and whereas the Sixty first Act of the Assembly, held at James City, the said Thirteenth of March 1657, makes the several Counties not building such Prisons liable to the Sheriff for the escape of any person committed to his Custody; which Acts, have for want of a Penalty, never been put into Execution; for want whereof Felons may escape, and Debtors for want of due restraint delay always and defraud oftentimes, the Creditor of his just Deuce, and by means thereof the Law itself made wholly void; which intended principally that all Men should by that restraint have been forced to make a speedier satisfaction: For remedy whereof, be it hereby Enacted, A Prison to be built at the charge of the County. That according to the said Acts, a good strong Prison after the form of Virginia Houses, be builded within Eight Months after the date of this Act, by the Court, at the charge of the County, upon Penalty of being fined Five thousand pounds of Tobacco, and be answerable for Escapes as aforesaid; and the person breaking Prison, Breaking of Prison shall be adjudged Felony. shall according to the said Act. of the third of November 1647, be adjudged a Felon; and that no person under Execution for Debt, or imprisoned for Felony, shall have the benefit of the Rules; Who shall have the benefit of the Rules. and all other persons having the benefit of the Rules, shall be secured and lie in Prison every night, at the Peril of the Sherriff. XLIII. Dwellers within the Rules of any Prison, not to have any benefit thereof. AND be it Enacted, That if the Sheriff shall permit any person dwelling within the Rules of any Prison, that is by Warrant or Order of Law committed to Prison, to walk abroad out of Prison, Such as dwell within the Rules shall not enjoy the benefit of them. though with a Keeper, and to have the benefit of the Rules, or to lodge in his own House; the said Sheriff, upon Proof thereof made at the County Court by the Plaintiff, shall be ordered to pay the Debt, as in case of Escapes. XLIV. Sheriff to be chosen in the Commission. FOrasmuch as the Commissioners of the County Courts; are by the Laws of this Country answerable for the Levies and Estreatments of each County, of which the Sheriff is usually the Collector, One of the Commissioners of each County shall be chosen Sheriff there. be it therefore Enacted, That none but one of the Commissioners of each County, shall be Sheriff for that County: And further, That the Commissioners shall exercise the Office of Sheriff successively, as they hold their places in Commission, Sheriff's shall hold their Office a whole year and no longer. every one a whole year and no longer: Provided, That every such Commissioner, before he be admitted to take his Oath, give in good Security for the due Execution of his Office, and Performance of the Trust committed to him, and then his Oath be administered to him. And be it further Enacted, That no Under Sheriff shall execute the Office of Under Sheriff in the same County above one Year; The Under Sheriff. Provided always, That the Sheriffs of James City, who are more immediate Officers than any other, to the General Courts and the Public, shall be left to the Governors free Choice: And further, That if the Governor see cause, for the better promoting any of his Majesty's special Services, it shall be left to his discretion to pass by any Person in any other Commission, and to give the Place to those in the Commission he shall think most meet to supply the exigent of the present Occasions, but because the Laws as well of England as of this Country, prohibit the Executing the Office of Sheriff by any Person two years together, the Governor is earnestly desired by the Assembly in any of his Elections not to infringe those Laws. XLV. Sheriffs not making Return. Whereas the Sheriffs, often through neglect, often for favour to the Debtors, omit the serving the Process to them directed, and making Returns thereof according to Law; by means whereof the Courts are prolonged, Justice is delayed, and the Parties by their attendance and expenses very much endamaged: Be it therefore Enacted, Sheriffs not making timely Returns, fined 1000 l. of Tobacco. That every Sheriff failing to make sufficient Return; (that is, That the Writ is executed, and the Name of the Bail taken of any Warrant to him directed three days at least before the day of the Return of the Writ in the General Court, and two days before the County Courts) shall be amerced One thousand Pounds of Tobacco, one half to the Plaintiff, if he sue for it, and the other half to the County: Provided, That the said Plaintiff prove the delivery of the Warrant to the Sheriff. XLVI. Sheriffs to take Bail. BE it also Enacted, Sheriff's shall take sufficient Bail in Arrests. That all Sheriffs shall take sufficient Bail of Persons arrested, and perform the Award of the Court, and if the Sheriffs shall neglect to take sufficient Bail of the Party arrested, or otherwise consent to be the cause of his escape, than the said Sheriff shall be liable to pay the Award of the Court himself; and shall also pay, in case the consent to the escape be proved, One thousand Pounds of Tobacco, one half to the Public, the other half to the Party grieved, for his delay in recovering the Debt; but if Bail be taken, and the Party appear not to answer the Suit, than Judgement shall be awarded against the Bail: Always provided, That the Sheriff or Bail, shall if they desire it, have an Attachment against the Estate of the Party arrested and not appearing: And further, That if the Sheriff or Bail, shall the next Court after that to which the Arrest was made, bring forth the Body of the Party so arrested, to answer the Suit, than the Sheriff or Bail shall be acquitted for the Judgement passed against them. XLVII. Non est Inventus. BE it also Enacted, That if any Sheriff shall return a Non est Inventus, upon which an Attachment by a former Act hath been usually granted, when perhaps neither the Sheriff nor his Officer, have been at the house of the Defendants, to the great damage and disparagement of the said Defendant by having his Goods attached: Be it therefore Enacted, The Method of Proceed relating to a Non est Inventus. That henceforth the Sheriff, or his Officer, shall declare upon one of their Oaths, that he hath been at the house of the Defendants, and hath there left a Copy of his Writ, before his return of Non est inventus be admitted; and if he shall refuse to make such Oath, than Order to pass against him, according to the Act for Non-Returns: but if the Return be proved and allowed in Court, then after thrice summoning the Defendant by Proclamation in Court, an Attachment shall issue against his Estate, returnable the Court following; where if the Defendant appear not to replevin the Attachment, Judgement shall be granted to the Plaintiff for his Debt; being made evidently appear to the Court that it is justly due to him. XLVIII. Apprisement of Goods. BE it Enacted for the equal Aprisement of Goods seized by Execution, That the Plaintiff and Defendant shall choose each of them two indifferent Men for that purpose, and in case of disagreement, the said four or three of them shall choose an Umpire, which Umpire so chosen, shall be sworn by the next Commissioner to apprise such Goods indifferently, and his Umpirage to be final: Goods seized, by whom they shall be appraized. And be it further Enacted, That if Plaintiff or Defendant shall neglect to appoint Apprizes within three days after Execution is served, notice being given them by the Sheriff, to whom the Execution was directed, that then the Sheriff in such case of neglect, shall choose and appoint Apprizers either for the Plaintiff or Defendant, for apprizing the Goods by him seized upon Execution, as aforesaid: And be it further Enacted, Goods shall remain in the Plaintiffs possession till after Appraisement. That before such Aprizement, the Sheriff shall not remove the Goods out of the Possession of the Plaintiff, and the surplusage, if any be, returned to him; but after Apprizement made, as aforesaid, the property to vest in the Sheriff for the use of the Creditor, to whom the Sheriff shall give notice that he may take them into his own possession: And because there can be no Averment against a Record, it is further Eenacted, That the Sheriff make return of the Execution to that Clerk of the County that granted it, by him to be entered upon Record under the Order it was issued upon; that so the Satisfaction as well as the Judgement, may be authentically proved, if occasion require. Whereas the Act for the relief of poor Prisoners, hath, What persons shall have the benefit of the Act, made for relief of poor prisoners. contrary to the intent thereof, been extended to Men of all Capacities, and by that means an inconsiderable part of their Estates, or at least unprofitable to him whose dependence is Tobacco, according to his agreement forced for satisfaction: Be it therefore Enacted, That henceforth every Debtor under Execution for Debt shall be detained in Prison until he hath paid the Debt in kind; but that real poor Men, laid under Execution for a Debt under One thousand Pounds of Tobacco, shall still have liberty by part of their Estate by some Justice of the County indifferently assigned, and by Apprizers summoned by the Sheriff, and sworn equally to apprise the said Estate, shall make Payment thereof to their Creditor, and redeem their Persons. XLIX. No Commissioner, Clerk, or Sheriff, to be Attorneys in the Court where they officiate. No Commissioner, Clerk, or Sheriff, shall be Attorney in that Court wherein he officiates. BE it Enacted, That neither Sheriff, Commissioner, Under-Sheriff, or Clerk of any Court within this Colony, shall be permitted to plead as an Attorney, in any person's behalf in the Court wherein he officiates, and the said Commissioner, Sheriff, Under-Sheriff, or Clerk offending herein, shall for every Default be fined One thousand Pounds of Tobacco, The Court may notwithstanding permit a Commissioner to plead a poor man's cause. to the use of the County: Provided always, That if any poor person, not able to plead his own Cause, shall request the Court to assign him one of the Commissioners to plead for him; it shall be lawful for the Court to grant it, and for the Commissioner to plead accordingly; but the Councillor, Commissioner, etc. so pleading the poor man's Cause, not to give Judgement therein: Provided also, That any Commissioner, Sheriff, under-sheriff, or Clerk, acting as General Attorney for any persons, absent out of the Country or County, and negotiating their Affairs, and so liable to be sued for their Employers; such persons, notwithstanding this Act, shall have liberty also to Plead and Prosecute in any Cause that shall any way concern their said Employers. L. Publication of Writs for Election of Burgesses. WHereas frequent Complaints are made by the People, that they have no notice of the time appointed for the Election of Burgesses; and by that means are deprived of giving their Voices in the Election of their own representatives; Writs for Election of Burgesses shall be read publicly in Churches. Be it Enacted henceforward, That the Sheriffs of the respective Counties, shall upon the Receipt of the Writs, cause Copies thereof, with the day appointed, for the Election endorsed, to be sent to the Minister or Reader of every Parish in their County; who is to read the same to the People two Sundays successively, both in the Church and Chapel of Ease to it belonging; to the end that no person may pretend Ignorance; and return the same to the Sheriff with his attestation subscribed, that he hath published the same according to the tenor of this Act; which Attestation shall be sufficient to discharge the Sheriff from blame: but if the Sheriff neglect to send Copies, as aforesaid, then to be fined Two thousand Pounds of Tobacco, to the use of the County; Freemen neglecting to giuc their Votes at Elections of Burgesses shall be fined 200 l. of Tobacco. and every Freeman, after such Publication made, neglecting to come and give his Vote at the day appointed for Election, shall be amerced Two hundred pounds of Tobacco to the use of the County: And be it further Enacted, That if the Sheriff shall not before the day of the Return, make his due return of the Writ, with the names of the Burgesses endorsed into the Secretary's Office at James City, the said Sheriff so neglecting, shall be Fined Two thousand pounds of Tobacco to the Public. LI. Public Levies to be first paid. BE it also Enacted, That no Sheriff shall, where he receives Tobacco of any Person indebted for his Levies, and also for Fees, and other debts due to himself or any other Officers, and not paying the whole in kind; by which means for part thereof distress must be made, shall presume to convert the Tobacco in kind to his own or any other use; and force the Country Creditor to accept of the Distress, or stay for his Debt, Debts due to the public shall be first paid: but that all Debts due to the Public be first paid, and the Tobacco in kind paid to the Creditor of the public, whose reputation is by these Evasions often vilified; and that the Sheriff making Default herein, shall be fined Ten thousand pounds of Tobacco to the use of the public, upon proof thereof made in any Court of Record in this Country. LII. The Sheriff, upon the instance of the Treasurer or his Deputy, to collect the Quit Rents. Quit Rents shall be collected by the Sheriff, and shall be paid in Tobacco or Money. ANd be it further Enacted, That the Sheriff being his Majesty's immediate Officer, shall upon the instance of his Majesty's Treasurer, or his Deputy here, be compelled to receive all such Quit Rents as the said Treasurer, or his Deputy, shall give him order to receive in his County; and that the said Quitrents be paid as the Levies, in the direct specie of Tobacco or Money: And that no particular Fees or Debts be preferred before them, under like penalty as for the payment of other Debts before the Levies. LIII. List of Tythables how to be taken. WHereas the fraud of Sheriffs, in bringing in the List of the Tythables, hath very much augmented the Taxes of the Country: Be it Enacted, That for the better discovery of the Number of Tythables, Each County to be divided into several Precincts, for the more exact discovery of Tythables. each County shall be divided into several Precincts; in each of which a Commissioner shall be by the Court appointed to take a List of the Tythables, to be brought or sent in under the hand of the Master of every Family, of the names and number of Tythables he hath in his Family; and if he bring in a false List, the said Master shall pay triple Duties; Triple Duties shall be paid for every Tythable person concealed. for every person so by him concealed: And be it further Enacted, That the said Commissioner give public notice in Writing, to be read and set up at the door of the Church or Chapel of Ease, of the Precincts he is to take Account of, and of the day he will receive them: Provided the day be before the Tenth of June at farthest, at which time every person neglecting to bring in his List as aforesaid, shall be adjudged a concealer, and pay accordingly; and every Commissioner failing in giving notice, neglecting to take the List, conniving at others concealment, or not giving a true List of his own Tythables, shall also pay triple Duties as aforesaid: And be it further Enacted, That every Commissioner in August Court following, shall deliver the Account so taken by him, and the Subscriptions of the several Masters of Families, to the Clerk of the County Court, who shall return an exact List of the Families to the Clerk of the Assembly, the first or second day of every September General Court. LIV. What Persons are Tythable. WHereas several disputes have been made of what persons were Tythable, It is hereby Enacted and Declared, That all Male persons of what Age soever, imported into this Country, shall be brought into the List, and be liable to the Payment of all Taxes; Who shall be liable to the payment of Taxes. and all Negroes Male or Famale, being imported, shall be accounted Tythable; and all Indian servants Male or Famale, however procured, being adjudged Sixteen years of Age, shall be likewise Tythable; from which none shall be exempted but such Christians only as are either Natives of this Country, or are imported Free by their Parents or others; who shall not be liable to the payment of Levies, What Persons are exempted. until they be Sixteen years of Age, or such others, as by particular Acts of Assembly are exempted. LV. Councillors and Ten Persons to be exempted out of the Levy. Councillors of State, and Ten Persons of their Family, exempted from all public Charges and Taxes. BE it Enacted, That each Councillor of State for this Country, shall be freely exempted from all public Charges and Taxes for themselves and Ten of their Family, the Ministers and Church-Duties excepted; and further, That all Ministers officiateing in any Cure of this Country, shall for their attendance on the General Courts and Assemblies, be exempted themselves, and Six of their Family, from paying any public Taxes: and further, Some others also exempted. That all persons that come into this Country, at the last coming in of Sir Thomas Yates, shall have their own persons exempted from paying of any public Taxes, Church Duties excepted; and also from their personal Service in the Wars. LVI. Artificers not planting Tobacco, freed from payment of the Levy. Artificers or Handicrafts men, who plant no Tobacco, are freed from the payment of Levies for Three Years. ANd whereas all Persons, Artificers and others, are forced to neglect their Trades, and to plant Tobacco, merely for the payment of their Levies: Be it Enacted, That what Artificer or Handycrafts-man soever will employ himself and Servants only about their Trades, and not plant any Tobacco at all; every such Artificer and Handycrafts-man so following his Trade and not Planting Tobacco, Such Persons if they shall plant Tobacco contrary to the Tenor of thhis Act, shall pay double Levies. either by himself or servants, shall for his Encouragement be exempted from paying any Levies, either for himself or servants, for the Term of Three years, except it be for the Minister's Dues and Church Duties: Provided always, That if any person claiming the benefit of this Act, shall directly or indirectly, at home or abroad, plant or tend, or cause to be planted or tended any Tobacco, contrary to the intent of this Act, or hire out his Servant or Servants to others to plant or tend Tobacco, he shall be censuered to pay double Levies for himself and all his Tythables, to the use of the County. LVII. Councillors to raise a Levy. WHereas the necessary Charge of the Country doth enforce the raising of an Annual Levy, which being commonly done by an Assembly, the charge of which doth most times equal, if not exceed, all other Taxes of the Country; Be it therefore Enacted, That the Governor and Council in September 1662., The Governor and Council, shall have power to raise and proportion a Levy for defraying the Country Debts and Salaries. shall have power to raise and proportion a Levy to defray the Country Debts and Salaries allowed by the Assembly, and such other Debts also as they shall find justly and necessarily due, according to the number of Tythables: Provided, the whole amount not to more than Twenty pounds of Tobacco per pole. And this Act to continue for three years, unless some urgent occasion present in the mean time of calling an Assembly, and that the Levy may be truly proportoned: Be it Enacted further, That every Clerk of a County Court transmit the Certificate of the number of Tythables in his County, to the Secretaries Office, in every September Court. LVIII. No Arrests to be made on the Sabbath-days. WHereas it hath been the frequent practice of Sheriffs and their Officers, for their own ease and benefit, to repair to the Churches and other places of Public Meetings, on purpose to serve Warrants and Executions and other Writs; by which means Men in danger of Arrests, have been deterred from the Service of God and the King: Be it Enacted, That no Sheriff nor his Officer, shall from henceforth execute any Writ or Warrant upon any person or persons, No Arrests shall be made on Sundays, nor on the 30th of January or 29th of May, etc. either upon the Sabbath-day, or upon the day of Humiliation for the Death of the late King of ever blessed Memmory, or upon the days appointed for Thanksgiving for his Majesty's happy Inauguration, and for the Deliverances of this Country from the too bloody Massacres, nor at the times of General Musters or Election of Burgesses. Prison-breakers, Felons or Persons under suspicion of Felony, or guilty of a Riot, excepted. Provided always, That it shall and may be lawful for the Sheriff or any other Officer, to apprehend and carry to Prison any person or persons for Riots, Felony, or Suspicion of Felony, or escape out of Prison, when under Execution, upon any day, at any place, any thing in this Act to the contrary notwithstanding. LIX. Reward for killing of Wolves. WHereas great Complaint is made of the frequent and many Injuries done by Wolves to the Cattle and Hogs of several Inhabitants of this Country; It is therefore Enacted, The Reward for k lling of Wolves, what, to be paid by the County. for the Encouragement of those that will make it their business to kill and destroy them, that they shall be paid by the County in which they are killed; for every Wolf destroyed by Pit, Trap, or otherwise Two hundred pounds of Tobacco: Provided, he make Proof before the next Commissioner how the Wolf was killed, and bring in his head, and take from the said Commissioner a Certificate thereof; which being produced to the Court, when they are proportioning the Levy, shall be sufficient to have the said Reward raised upon the County, and to be paid to such persons as it is justly due. LX. Commissioners to take Security of Sheriffs. BE it also Enacted, That the Commissioners of every County, shall be answerable to the Public, for all Levies laid upon their County by Act of Assembly, and for the Sheriff's performance of his place; and in regard thereof, are hereby Impowered before the admission of any Sheriff into his office, The Sheriff shall give security to the County Commissioners, for the faithful discharge of his Office. to take such Security of him as they shall think fit and sufficient to save themselves harmless, for the receiving and discharging all Public Duties; whether Quitrents, Levies, or Officers Fees, committed to his Charge or Collection, and for the due performance of his Office. Provided, That no Commissioner shall be liable, but such as were of the Commission when the defect was made. LXI. Judgement before Commissioners. BE it Enacted, Acknowledgement of a Debt before Two Commissioners, shall be accounted in the nature of a Judgement, and Execution shall issue in case of Nonpayment. That the voluntary Confession and Acknowledgement of a Debt by the Debtor, under his Hand and Seal before two Commissioners, of which one of the Quorum, shall be accounted in Law in the nature of a Judgement, the said Commissioners attesting the same under their Hands, and so certifying it to the Clerk of the County Court to enter it upon Record; upon which Writing so Acknowledged, Attested, and Recorded, Execution shall issue in case the Debt be not paid, as if Judgement had been granted for the same in open Court: Provided, That if no Execution issue within a Year after such acknowledgement, than a Scire Facias shall issue before any Writ of Execution shall issue forth. LXII. Persons removing into the Bay. FOR avoiding of Creditors charges and troubles in recovering their Debts, by reason of divers Persons removing themselves from the Places where they contracted their Debts, into remote Counties; Be it Enacted, That no Person whatsoever, No Person shall remove out of the County where he dwells, without setting up his Name on the Church or Chappel door, three Sundays, with his intent to remove, and whither. shall remove out of the County where he dwells, unless he first set up his Name at the Door of the Parish Church or Chappel where he dwells three Sundays together, and in the same express his intent of leaving the County, and certify the Place he is about to remove to, and take Certificate thereof from the Minister or Reader of the said Church or Chappel, and the Churchwardens of the Parish, to the Clerk of the County Court, who shall grant him thereupon a Licence to departed: Provided always, That if the said Person so removing pay not his Debts contracted before his removing, according to the tenor of the specialties by which they are due; it shall be lawful for any of his Creditors by a Warrant from the Secretary's Office, to bring the Debtor personally before the Governor or any of the Council, for what value soever the Debt be of, and there put in sufficient security for performance of his Obligation according to the tenor thereof, in case the day of payment be not past (any restriction in any other Act to the contrary notwithstanding) and then to take out Execution against his Body or Estate for satisfaction of the said Debt. Cattle shall not be removed out of the County without notice first given to Four of the Neighbourhood. And be it further Enacted, That if any Person or Persons, shall before or after Certificate obtained as aforesaid, remove or transport any Cattle out of the County he dwelled in, without notice given to Four of the nearest Inhabitants, who are hereby required to take special notice of the Ear-Mark, and Colour of the Cattle to be removed, and make a List of them and their Marks, and carry the same subscribed by the said Viewers, to the Clerk of the County Court to be Recorded, he shall upon lawful Conviction, forfeit for every Beast transported contrary to the tenor of this Act, No Merchant or Mariner shall transport any person out of the Country without Certificate. One thousand Pounds of Tobacco, one half to the Public, and the other half to him that shall make the complaint against the Party so offending: And if any Merchant, Mariner, or any other Person whatsoever, shall transport any Person or Persons out of his County, without Certificate as aforesaid, the said Merchant, Mariner, or other Person, so offending, shall be liable to the payment of all the Debts and Engagements of the Party transported, being due at the time of his removal. LXIII. English Weights and Measures. WHereas daily Experience showeth that much fraud and deceit is practised in this Colony by false Weights and Measures, for prevention thereof, English Weights and Measures shall be used in this Colony. Be it Enacted, That no Inhabitant nor Trader hither, shall buy or sell, or otherwise make use of in Trading, any other Weights or Measures than are used and made according to the Statute of in that case provided; and for discovery of abuses, Be it further Enacted, Every County shall be provided with Weights and Measures from England. That the Commissioners of every County, do provide at the charge of the County, sealed Weights, of Half hundreds, Quarterns, Half Quarterns, Seven Pounds, Four Pounds, Two Pounds, One Pound, Measures of Ell and Yard, of Bushel, Half Bushel, Peck, and Gallon, of Winchester Measure, Gallon, Pottle, Quartfield, Pint, of Wine Measure out of England; and that the said Weights and Measures be kept by the first of every Commission at his house, and with them a Mark of _____ and a Stamp for Leaden Weights, and Pewter Pots, whither all Persons not using Weights and Measures brought out of England and sealed there, shall bring all their Barrels (which are to contain Five Bushels) and other Measures, to be sealed, and their Stilhars to be tried; and all Persons selling by other Weights or Measures not sealed and tried as aforesaid, shall forfeit One thousand Pounds of Tobacco, one half to the Public, the other half to the Party that shall make his complaint; and if the Commissioners shall make default of producing such Weights, Measures, Scales, and Stamps, as by this Act they are enjoined by the first of December 1663., the said Commissioners shall be fined Five thousand pounds of Tobacco to the use of the Public, LXIV. County Courts to grant Probates and Administrations. BE it Enacted, That the County Courts shall be impowered to grant Probates of Wills, Probates of Wills and Administrations upon the Estates of persons dying Intestate, may be granted by the County Courts. and Administrations upon the Estates of persons dying intestate, to take Security and receive the Inventories of the said Estates: Provided, That the Clerk of the County Court, when he sends or carries the said Probates, or Commissions of Administrations to be signed, do then also certify into the Secretary's Office the name of the Testator or the party deceased, the Executors or Administrators, and their Security; the County and Parish where they dwell, and the Court wherein the Administration is granted, to the end that strangers and others Creditors, invested in the Estate, may be the better enabled to find out the Records, in which the account of the Estate is entered; and be informed how they may come to their just deuce. LXV. Administrations to whom to be granted. Whereas Commission of Administration are suddenly obtained, and the Estate as suddenly disposed of, under the pretence of greatest Creditor, or next of Kin; whereby oftentimes they that really are so, are the one defrauded of his just Debt, and the other debarred of his Right and Interest, before either can have notice of the party's Decase: Be it therefore Enacted, No Administration shall be granted, till Nine Months after the party's decease; except to the Widow or Child. That no Administration be granted, until Nine Months after the party's Decease; except to the Widow or Child, and then to be immediately granted; the said Widow or Child bringing in sufficient Security for performing all things the Law requires, and saving the Court harmless: And be it further Enacted, That in case the said Widow or Child do Administer, the Estate shall be inventoried, and Apprizement made by four Men appointed by the Court, and sworn by a Justice of that Court as formerly; which Inventory and Apprizement shall by the said Widow or Child, be brought into the next Court held in that County, unless the Court for Reasons shown them, may think fit to grant Liberty to bring it in the Court; but in Case the Decedent die without Widow or Child, Than it is Enacted, That the Estate for the better Improvement thereof, be sold by the Court at an Outcry, and the Purchasers all putting in Security and acknowledging Judgements for their Debts; which by the Court shall be Assigned to the several Creditors of the Decedent, and paid according to the priority in Law, and the surplusage remaining (if any) to be delivered to the next Kinsman of the Decedent, it he appears; or if none prove himself such within three years, than the Court to give an account of the said Surplusage to the Assembly, who are to dispose of the same to the use of the County, allowing to the Court, or whom they intrust for the managing of it, for his reasonable costs and pains. And when the Widow, or Child, administers (the surplusage after Debts paid, and the Funeral charge, according to the quality of the person, allowed for) shall be equally divided between the Widow and Children, (viz.) one full Third of the Personal Estate to the Widow, The Widow to have one third of the Estate (Debts being first paid) the other two thirds to be divided amongst the children. and the other Two Thirds among the Children, if any of which die before it come to Age, his Proportion to be divided among the surviving Children. And whereas it hath been the frequent evil practice of Administrators, as soon as they have obtained an Order to administer, to act as Administrators by Virtue of that Order, without giving security, or taking out their Commissions, so that the Estate being embezzled away, no account can be given thereof: Be it therefore Enacted, That whoever pretends to administer upon any Estate, shall bring to the Court sufficient security before the Order shall be granted; and an Order thus obtained legally, Administrators shall give in security to the Court. by giving such security, to be truly accountable to bring in a true Inventory, and to perform such things as the Administrators by Law are enjoined, shall not at any time after be reversed, unless the Party that obtained the same die before he hath given an account of the Estate, and obtained his Quietus, in whicn case, the Court is impowered to grant the Administration of that Estate so not accounted for, to some other Person, who may by Virtue thereof, call his Heirs, Executors, or Administrators of the former Administrators, to account; who shall pay out of the said deceased Administrators Estate, all such Debts as shall be found due to the Estate he administered upon, in the first place. LXVI. Concerning Orphans. COncerning Orphans Estates, Be it Enacted, That all Wills and Testaments be firm and inviolable, unless the Executors or Overseers, do refuse to execute the Trust reposed in them by the Testator, in which case, the Court may appoint others to act according to the Will: but if the said Will be so made that no Person will undertake the managing of the Estate or Education of the Orphans, according to the tenor of it, then that the Estate by the appointment of the Court shall be managed according to the Rules set down for the ordering the Estate of persons Intestate, as followeth: Orphan's shall be maintained by the Interest and increase of their Stock if sufficient, if not shall be bo●nd Apprentices. First, That no account be allowed for Diet, , Physic, or else against any Orphan's Estate, but they to be Educated and provided for, by the Interest of the Estate and Increase of their Stock, according to the proportion of their Estates, if it will bear it; but if the Estate be so mean and inconsiderable, that it will not extend to a free Education, than it is Enacted, That such Orphans shall be bound Apprentices to some Handycraft Trade, until One and twenty years of age; except some Kinsman or Relation will maintain them for the Interest 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 Account of the augmentation or diminution of the Orphan's 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 Orphan's 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 possessed of, when he gave his account to the next Orphan's 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 Householdstuff shall be appraised and sold. that other Household 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 Orphan's Estates, and inquire 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 allowed 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 expenses, but that a Regulation thereof be made according to the proportion of the Estate and the quality of the person. LXVII. Orphan's 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 Orphan's 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 employing it to any other use, than 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 Governor and Council, How persons claiming Land by importation of Servants must prove their Title. or produce Certificates from the County Courts to the Secretaries 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 itself 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 Governor 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 Governor 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 forfeited, 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 men's Lands, Any Person who has built upon Lands supposed his own, but upon Survey prove to belong to another, shall have the charge thereof allowed 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, than 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 men's Lands. WHereas the Rights and Interests of the Inhabitants are very much infringed by the hunting and shooting of divers Men upon their Neighbour's Dividends, contrary to the Privileges 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 Public 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 Man's Land, to pursue the same into any Man's Dividend, and freely to carry away the same, as also to seek or fetch his own Cattle or Hogs off of any Man's Land, Cattle not to be fetched off of another's Land, till after notice given him thereof. Licences for hunting wild Hogs, 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 Governor to Commissionate some Gentlemen to give Licence to Persons to hunt wild Hogs upon any Man's 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 confirm 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 freedom, 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 ●ourt, or ●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 Governor and Council at the General Court, or before the Justices at the County Courts; and there Registered 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 Registered 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 acknowledgement made and recorded, in which time the Creditors or former Purchasers, may show for what cause the said Conveyance is to be accounted fraudulent; but if none appear within the said Four Months after the first acknowledgement in Court, Otherwise shall not be valid in Law. than 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. Quitrents how to be Paid. WHereas his Majesty hath by his Commissioners appointed a Treasurer to receive the Quitrents and others Fees and Profits due to his Majesty; and the payment of Quitrents 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 Majesty's Treasurer shall be appointed; Quitrents 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 prizes shall be allowed for the Surveying of Lands. if the parcel exceed Five hundred Acres, but if under, to be allowed One hundred pounds of Tobacco, and for the same shall deliver an Exact Plot of each parcel Surveyed and Measured; and if any Surveyor upon reasonable Demand, shall refuse to Measure the Dividend for any person whatsoever; for the Consideration and Satisfaction aforesaid; such Surveyor shall be liable to the Censure of the Court in that County where he liveth; and if any Surveyor shall be desired to go further from his place of Residence, than he can return in one day; such Surveyor shall have the Allowance of Thirty pounds of Tobacco per day, for every days Absence from his Dwelling; and if his passage cannot be but by Water, than such persons as shall employ him, shall provide for his Transport out and home: Provided no Pay to be received before the Plot delivered. LXXVI. Land to be plainly Marked and Bounded. WHereas many contentious Suits do arise about Titles to Land, occasioned much through the fraudulent and under-hand-dealing of Surveyors; who frequently make sales of the Surveys by them made in the behalf of one person to another; whereby often times he that had the first and justest Right, is unjustly deprived of his Due; for prevention whereof for the future, Be it Enacted and ordained, No Surveyor shall give a Plot of any Land Surveyed by him, till Six Months after the drawing thereof. That no Surveyor of Land shall give a Plot of any Land surveyed by him unto any person whatsoever, until Six Months after such Plot is drawn, according to its Survey; and that all Land surveyed, shall be at the surveying thereof plainly marked and Bounded; for all persons to take notice of; that none may by the Ignorance of the bounds, entrench upon another Right; and the persons offending, either in giving out of Surveys contrary to this act, or not sufficiently marking his Bounds, to forfeit Five hundred Pounds of Tobacco, for every Hundred Acres the Survey shall be given of to the use of the Country. LXXVII. What Fences shall be sufficient. Fences shall be four foot and a half high, otherwise no Damage to be allowed for trespass. BE it also Enacted and Confirmed, by this present Grand Assembly, That every Planter shall make a sufficient Fence about his cleared ground at the least four Foot and a half high; which if he shall be deficient in, what trespass or damage soever he shall receive or sustain, by Hogs, Goats, or Cattle, shall be his own loss and detriment; and also if it shall happen, that any person shall hunt any of the said Horses, Mares, Hogs, Goats or Cattle, that shall so offend and do them harm, he shall make satisfaction for any of them that shall be so hurt to the owners of them, to be recovered in any Court of Justice within the Colony: And it is further Enacted, That where any Horses, Mares, Cattle, or Hogs, shall endamage any person for want of such Fence, as aforesaid; and the party damnifying, do wilfully kill, or otherwise hurt, so as the Cattle, Hogs, Horses, or Mares, do die of such hurt, whether by Dogs set upon them or otherwise; in such case, the owner of the ground shall not only be liable to satisfy the value of such Horses, Mares, Hogs or Cattle, but by virtue of this Act, be adjudged to satisfy double the value of such Horses, Mares, Hogs or Cattle so killed, to the owners of them. And further, be it Enacted, That where the Fence shall be adjudged sufficient (Viz.) Four foot and a half high, and close down to the bottom; that in case any Damage or Trespass be then done or committed to any person having such Fences, by either Horses, Mares, Goats, or any other Cattle whatsoever, the owners of such Horses, Mares, etc. shall be liable to make satisfaction for their Trespass and Damage to the person injured, Satisfaction in case of Trespass. in case the Fence be found by two honest men, appointed by the next Commissioner, to be sufficient. LXXVIII. Bounds of Lands to be every Four years renewed by the view of the Neighbourhood. WHereas many contentious Suits are daily incited and stirred up about the bounds of Land; for which no remedy yet hath been provided: The 57th Act prohibiting Re-Surveys, not applying the expected Remedies, for if the Survey be just, yet Surveyors being for the most part careless of seeing the Trees Marked, or the owners never renewing them, in a short time the Chaps being grown up, or the Trees fallen, the bounds become as uncertain as at first: And upon a new Survey, the least variation of a Compass altars the situation of the whole Neighbourhood, and deprives many persons of Houses, Orchards, and all to their infinite loss and trouble: for prevention whereof, Be it Enacted, That within Twelve Months after this Act, all the Inhabitants of every Neck and Tract of Land adjoining, shall go in procession, and see the marked Trees of every man's Land in those Precincts to be renewed, and the same Course to be taken once in every Four years; by which means, the Inconveniency of Clandestine Surveys will be taken away; and the Bounds will be so generally known, and the Marks so fresh, that no alteration can be made afterwards. And be it further Enacted, Bounds being once settled by the consent of the Proprietors, shall take off all Claim to future alteration thereof. That the Bounds by the consent of the present Proprietors, being once thus settled, shall conclude the said Proprietors, and all others claiming from or under any of them, from any future alteration of their Bounds, be there within the said Bounds more or less Lands than they pretend to; and if it shall happen any difference to be at present, that cannot be by the Neighbours themselves decided: Be it further Enacted, That two honest and able Surveyors, shall in presence of the Neighbourhood lay out the Land in Controversy, and the Bounds laid out to be the certain Bounds; and ever after to be renewed and continue so (but the person causing the Difference to pay the Charge of the Survey) it tending much more to the preservation of Friendship among Neighbours, to have a present and final Decision of their differences, while Men yet live that are acquainted with the first Surveys, and while Land is yet at a low Value, than it will be when time hath razed out all knowledge to the Bounds, and added a great Value to the Land: Be it Enacted further, That each County Court shall appoint and order the Vestries of each Parish to divide the Parishes into so many Precincts as they shall think necessary for the Neighbour's to join in and see each others Mark renewed, and to appoint certain days between Easter and Whitsuntide, to go the said Processions, and put this Act into effectual Execution; Days to be appointed upon which Procession shall be made. and in case the Court shall omit to make such orders, and to send the same to the several Vestries of the Parishes in their Counties, they shall be fined Ten thousand pounds of Tobacco, and the Vestries failing to order the Precincts and the Persons to go together, shall be fined Twelve hundred pounds of Tobacco, and the person failing go upon the day appointed, or to renew his Mark accordingly, shall for his neglect be fined Three hundred and fifty Pounds of Tobacco. LXXIX. Surveyors for High Ways. Whereas through the frequent Alterations of the Highways, by felling of Trees over them, and many times taking them into fenced Plantations, to the great hindrance of Travellers and Traders; Be it therefore Enacted, The Justices shall yearly appoint Surveyors of the Highways. That the Justices do yearly in October Court, appoint Surveyors of the Highways, who shall first lay out the most convenient ways to the Church, to the Court, to James Town, and from County to County; and make the said ways Forty foot broad, and make Bridges where there is occasion; and the Ways being thus laid out and Bridges made, they shall cause the said Ways to be kept clear from Logs, and the Bridges in good repair; Highways shall be kept clear, and Bridges in good repair. that all his Majesty's Subjects may have free and safe Passage about their occasions: and to effect the same, the Vestries of every Parish, are upon the desire of the Surveyor, hereby enjoined and impowered to order the Parishioners, every one according to the number of Tythables he hath in his Family, to send Men upon the days by the Surveyors appointed, to help them in clearing the Ways or making or repairing the Bridges, according to the intent and purpose of this Act; and if any Court shall omit the appointing Surveyors, or they neglect the executing their Office, or the Vestry to order the Work, or any person to send help, Vestries of each Parish shall take care thereof. according to the said Vestries order, the said Court Surveyors, Vestry, or Person, shall be amerced Five hundred pound of Tobacco to the use of the County: And if any person shall contrary to this Act, fell Trees upon the Highways, The Penalty of Felling Trees on the Highway, or encroaching upon the same. and not clear the same, or enclose any part of the said Highways within any fence, the Grand Jury shall present the same as a common Nuisance, and the Enclosure shall be thrown open, and the offender be fined One thousand pound of Tobacco, to the use of the County; and if any Counties have Creek or Swamp, limiting the bounds between the said Counties, it is Enacted, That both Counties bounding upon such Passage, shall contribute to the making the Bridge, or making the way over it. LXXX. Tobacco when to be demanded. WHereas many Creditors for several By-respects, neglect the demanding the Tobacco, due to them in due time, by that means enforcing the Debtor to the inconveniency of not disposing of his Tobacco, and yet not paying his Debts, to the great damage and prejudice of the said Debtor: Be it therefore Enacted, That every person or persons not demanding his or their Debts between the Tenth of October and the last of January, Tobacco due shall be demanded, between the Tenth of October and the last of January. shall not sue or implead any person or persons Indebted to him or them for present Payment; but it shall be lawful for any persons owing Tobacco, to dispose of the same for his own use after the said last of January, if it have not been demanded according to the tenor of this Act, and no Execution to issue for a Tobacco Debt, but against the person, who shall have liberty to free himself, by putting in security to pay the Debt the following Crop. Provided always, That it shall be lawful for the Creditor to sue or implead his Debtor for security for his Debt against the next year, any thing in this Act to the contrary notwithstanding. LXXXI. Judgements and Specialties how long Pleadable. WHereas the nature of our Trade in Virginia, enforceth us to Engage by Bills, Bonds, and other Writings, for discharge of which, in part or in whole, the Debtor is often constrained to accept of the Receipts, the said Bills, Bonds, Judgements and other Writings remaining still in the hands of the said Creditor, and the Receipt being often times lost, the Debtor, and especially the Executors and Administrators of a person deceased, not being able to prove payment, those Debts are frequently demanded and unjustly recovered, which before had been justly paid and discharged; for remedy whereof, Be it Enacted, That no Bills or Bonds be of force or recoverable Five years after the date of the said Bills or Bonds, or any Bills or Bonds heretofore made, Bills and Bonds of persons Deceased, in what time recoverable. five years after the date of this Act; as also that no Judgement shall be of force seven years after the Grant thereof or after the date of this Act as aforesaid; but if the Debtor shall departed the Country, and leave no Attorney to answer for him, or any other way conceal or privily remove himself into any part of the Country, and by that means render the renewing of the Bill impossible; such time of his Absence or Concealment shall not be accounted any part of the Five or Seven years limited. LXXXII. Attorneys for Business out of England. WHereas many persons in this Country, entertain as Attorneys, many troublesome businesses out of England and other places, when justly there is no occasion for such Molestation, and yet the Parties molested, are left destitute of Relief, by reason the said Disturbers have no Estate in this Country to satisfy Damages they are condemned in: Be it therefore Enacted, Attorneys out of England shall give security to pay Costs and Damages, if cast in Law Suits. That no Attorney by any power out of England, or elsewhere, shall sue or implead any person of this Colony, without giving first good Security, that he the said Attorney shall pay all such Costs and Damages as the Court shall award against him; where the Law shall find that he the said. Attorney hath by that power unjustly molested the Defendant. LXXXIII. Burgesses. Whereas no Provision hath been made for the certain Conveyance of public Writs for the Election of Burgesses; whereby the delivering the said Writs being retarded, the Sheriff hath no time to give notice to the people according to Law, nor make a timely return of the Writs, nor can the Burgesses appear at the day; for remedy whereof, Be it Enacted by this present Grand Assembly, Allowance to the Secretary for conveying Writs of Election to the Sheriffs of each County. That the Secretary provide for the timely conveyance of the Writs into every County, to be delivered to the Sheriff thereof; and for his pains be paid One Hogshead of Tobacco, weighing Three hundred and Fifty pounds for every County; and in Case any Neglect be proved against him, that he be fined for such neglect at the discretion of the Assembly: Always provided he have the Writs signed Forty days before the day of the Return. LXXXIV. Burgesses ascertained. WHereas the charge of the Assemblies is much augmented by the great number of Burgesses, unnecessarily chosen by several Parishes: Be it Enacted, Two Burgesses from each County. That hereafter no County shall send above two Burgesses, who shall be Elected at those places in each County where the County Courts are usually kept. Provided always, That James City being the Metropolis of the Country, One for James City in particular. shall have the Privilege to Elect a Burgess for themselves, and every County that will lay out One hundred Acres of Land, and people it with One hundred Tythable persons; that place shall enjoy the like Privilege. LXXXV. Burgesses Charges ascertained. WHereas the immoderate Expenses of the Burgesses causing divers heart-burnings between them and the People occasioned an Injunction to make agreement for the allowance before the Election, which may hereafter probably induce interested persons to purchase Votes, by offering to serve at low Rates; by which means, that Candour and Freedom which should be in the Choice of persons credited with so honourable and great a trust, might be very much prejudiced, and the place itself become mercenary and contemptible: Be it therefore Enacted, That the maintenance of every Burgess shall be One hundred and Fifty pounds of Tobacco and Cask per day, besides the necessary charge of going to the Assembly and returning. LXXXVI. Burgesses to appear upon the Day. Whereas many Inconveniences happen by the not appearing of Burgesses, upon the precise day of the Return of the Writ; as leaving the business of the greatest Importance, the prudent choice of a Speaker to a small party that first appears; upon which divers Animosities may arise in some that dislike the Election, to the great detriment of the Public Affairs; which by this means are retarded, and the charges of those Counties whose Burgesses first appeared increased; Be it therefore Enacted, That what Burgess soever shall fail in making his Appearance and attending the Assembly, precisely upon the day of the return of the Writ, shall be fined for every days Absence, Fine laid upon Burgesses for not appearing on the precise day of the Writ. Three hundred pounds of Tobacco, to be disposed of by the Assembly, unless he be obstructed by some such Impediment as the House shall judge might be a lawful and reasonable Cause to hinder his Coming. LXXXVII. Burgesses not to be Arrested. FOR the dispatch and reputation of the Public Business, Be it Enacted, That none of the Burgesses of any Assembly, nor any of their Attendants, shall be Arrested from the time of their Election, until Ten Days after the Dissolution of the Assembly wherein he serves as a Burgess: Provided, That if the Assembly be Adjourned for above a Month, Burgesses not to be Arrested unless the Assembly be adjourned for above a Month. the several Burgesses shall Ten days after that Session be liable to Arrests and other Processes; and if in the interval of Sessions they be Arrested and Prosecuted to Execution, and that served, the Execution shall be suspended Ten days before the next Session of that Assembly, and continue so until Ten days after it, at which time the privilege of Burgess shall cease and determine. LXXXVIII. No Order to contradict an Act. BE it Enacted and Confirmed, That no Act of Court or Proclamation, No act of Court or Proclamation shall contradict an Act of Assembly. shall upon any pretence whatsoever enjoin Obedience thereunto contrary to any Act of an Assembly, until the reversal of that Act by a succeeding Assembly. LXXXIX. Assemblies to inquire after the Breach of Laws. WHereas several Laws have been by divers Assemblies made for the good of this Country, which for want of due Observation have not produced the desired Effect; And whereas it is by this Assembly Enacted, That the Grand Jury of Inquests should twice annually make Presentment of the breach of all Penal Laws; and that the Assembly should dispose of the Fines levied upon the several Offenders for the use of the Counties wherein they accrued due: Be it Enacted, That for the future the first day of every succeeding Assembly, shall be employed in receiving the said Presentments of the Grand Jury, and to inquire into the remissness of Juries and Courts, and how the Laws have been put in Execution, and disposing the Fines, that by that means the Laws may be restored to their due Vigour, and Offenders be deterred from Neglect or Contempt, when they shall find a severe Account of their Observation is so diligently enquired into. XC. Public Letters how to be Conveyed. WHereas the remoteness of divers places in the Country from James City, and the necessity of communicating divers Businesses to the utmost limits of it, would, if messengers were pressed purposely, put the Country to an annual great expense, for prevention thereof, Be it Enacted, That all Letters superscribed for the use of his Majesty or the Public, shall be immediately conveyed from Plantation to Plantation, to the place and person they are directed to, under the penalty of Three hundred and Fifty pounds of Tobacco to each default; and if any Person be put thereby to any extraordinary Charge, Extraordinary Charges in conveying public Letters to be allowed by the County Courts. the Court of each County is hereby authorized to judge thereof and to levy payment for the same; the Superscriptions being signed by the Governor, some one of the Quorum, or the Colonel, Lieutenant Colonel, or Major of a Regiment; and where any person in the Family the said Letters come to, can Write, such person is required to endorse the day and hour he received them, that the neglect or contempt of any person stopping them may be the better known, and be punished accordingly. XCI. Divulgers of false News. WHereas many idle and busie-headed People, do forge and divulge false Rumours and Reports, to the great disturbance of the Peace of his Royal Majesty's liege People in this Colony: Be it Enacted, That what person or persons soever shall forge or divulge any such false Reports, tending to the trouble of the Country; Divulgers of false News fined Two thousand pounds of Tobacco, and to give Security for their good Behaviour. he shall be by the next Justice of the Peace sent for and bound over to the next County Court, where if he produce not his Author he shall be fined Two thousand pound of Tobacco, (or less if the Court think fit to lessen it) and besides give Bond for his Behaviour, if it appear to the Court that he did maliciously publish or invent it. XCII. Surgeons Accounts regulated. Whereas the excessive and immoderate Prices exacted by divers a varitious and griping practitioners in Physic and Chirurgery, hath caused several hardhearted Masters, swayed by profitable more than charitable respects, rather to expose a sick Servant to a hazard of the recovery, than put themselves to the certain charge of a rigorous, though unskilful Physician; whose demands, for the most part exceed the purchase of the Patient; many other poor people also being forced to give themselves over to a lingering Disease, rather than ruin themselves, by endeavouring to procure an uncertain Remedy: for redress thereof for the future, Be it Enacted, That it shall be lawful for any person or persons conceiving the Account of the Physician or Chirurgeon unreasonable, to Arrest the said Physician or Chirurgeon to the General or County Court, Appeal to the General or County Courts, when Physicicians or Surgeons are unreasonable in their Demands. where the Physician or Chirurgeon shall declare upon his Oath the true Value, Cost and Quantity of the Drugs administered; for which, the Court shall grant Order against the Plaintiff with Fifty per Cent. advance, and such consideration for his Care, Visits and Attendance, as they shall judge he hath deserved; and if it shall appear by Evidence, that the said Physician or Chirurgeon hath neglected his Patient while he was under Cure, the Court shall censure him to pay so much, as they in their discretion shall think reasonable. XCIII. Surgeons Accounts Pleadable after decease of the Party. WHereas by Act of many Assemblies no Accounts are Pleadable against dead men's Estates, whereby many Scruples have been made about the Accounts of Physicians and Surgeons, who cannot possibly take Bill: Be it therefore Enacted, That Physicians and Surgeons Accounts shall be Pleadable and Recoverable, for means administered and pains taken in the time of Sickness, whereof the Party dies, and where the patiented recovers Six Months after such Recovery and no longer. XCIV. Discounts to be made in Courts. BE it Enacted, For the avoiding many causeless Suits in Law, that where any Suit shall be commenced in any Court for a Debt, that if the Defendant hath either Bill, Bond, or Account of the Plaintiffs, wherein he proves the Plaintiff Debtor, such Debt of the Plaintiff shall be discounted out of the Debt he claimeth of the Defendant, and Judgement shall be given for no more than the Balance of the Debt will amount to, consideration being always made of the times their several Debts have been due, and accordingly Allowance made for the time; and because it many times happens that the Defendants in such cases do procure Bill or Accounts of the Plaintiffs from other men, which he perhaps can discount with those to whom he passed such Speciality or Account: It is therefore Enacted, That no Bill or Account that being assigned over, shall by the Assignee be pleadable against the Debtor, in such Bill or Account, unless the Assignee can prove that he gave the Debtor notice before his acceptance of the Assignment, and that the Debtor at that time pretended to no discount against it. XCV. Accounts against Dead men's Estates. WHereas too sad Experience hath showed that Accounts against the Estates of persons deceased, have often unjustly devoured the Estates, and brought the Wives and Children to Poverty and Ruin; and whereas as well the Laws of England as of this Country permit not any thing to be Pleadable against any person that cannot wage his Law, which Executors and Administrators are utterly uncapable of: Be it therefore Enacted, That no Book Debts or Accounts shall be henceforth pleadable against the Estate of any person deceased, nor against any living, if the said Person shall upon his Oath deny the same to be due, unless they be such Accounts as by particular Acts of the Assembly, as Officers Fees, Levies and Surgeons Accounts are Pleadable; neither shall any Man be put to his Oath upon an Ordinary Keeper's Account, Debts due to Ordinary Keepers. but the said Ordinary Keeper shall take the hand of any person (calling for any Drink or Provision) to his Book or else his Bill, or otherwise his Debt shall not be Pleadable. XCVI. Balancing Accounts of deceased persons. AND whereas divers Men being indebted to others upon Account, may be induced to deliver Goods to them or their Assigns in Balance, yet take no Receipt, which Account upon the death of either party may be brought by his Executors or Administrators against the Survivor, of which he cannot upon his Oath deny the Receipt, yet that Account, though justly balanced before, is often recovered by this Act prohibiting Accounts against Dead men's Estates, yet leaving liberty to their Executors or Administrators to sue for an Acount due to the Estate of the person deceased: Be it therefore Enacted, Accounts against a dead man's Estate, shall be admitted in Discount. That Accounts against a Dead Man's Estate being sufficiently proved, shall be admitted in discount of an Account, due to such Dead Man's Estate; but if the Account brought against the Estate, exceed that due to the Estate, the Survivor, for the overplus shall be dismissed without day. Provided also, That where the Party charged as Debtor to any one, shall refuse upon his Oath to deny the Account brought against him (except an Ordinary Keepers, which it is impossible to keep in Memory, or any part thereof) the Court shall take the Account to be due, as by confession, and shall give Judgement for so much thereof as he shall not deny as aforesaid. XCVII. Ordinary Keepers how to Sell. WHereas continual Complaints are made of the Exaction of Ordinary Keepers and others in the Rate and Measures of Strong Drink, by them retailed and sold: Be it Enacted, That no Person after the First of March, One thousand six hundred sixty and three, shall sell or vend by retail any Wine, Beer, or other Strong Drink, of what sort soever, by any Measures but English Sealed Measures, of Pints, Quarts, Pottles, or Gallons, and that every one that now doth, Ordinary Keepers shall sell by English Measures. or hereafter shall keep any Ordinary, shall by the said first of March 1663., provide such Measures to sell by in his House; and in case he fail, shall be put down from keeping any Ordinary, and fined Five thousand Pounds of Tobacco to the use of the public. Provided always, That it shall be lawful for them to sell English Strong Waters, coming over in Cases, by the Bottle, in the same Bottles they bought them. And for preventing many Disorders and Riots in Ordinaries and other places where Drink is retailed, Be it Enacted, None to retail Drink but such as have Licences. That no person or persons whatsoever, shall in their Houses retail any Drink, but such as shall obtain a Licence from the Commissioner of the County where he lives, signed by the first in Commission of that Court, by giving Bond according to the Laws of England, and further obliging himself to sell at the rates set by the Commissioners, and to pay annually to the Governor Three hundred and fifty Pounds of Tobacco and Cask for his Licence. XCVIII. Servants how long to Serve. Whereas the Thirteenth Act 1659., doth Enact, That all persons brought as Servants into this Country, of what Christian Nation soever they be, should serve no longer than our own Nation, which is Five Years, All Servants coming in without Indenture, shall serve Five years, if above Sixteen years of Age, and all under till they are Four and twenty. if above Sixteen Years of Age, if under, until One and twenty, as by the Thirtieth Act of the said Assembly appears; and in regard the said Thirtieth Act doth contrary to Law, look backward, and set free several Servants Aliens, purchased upon a former Act of Assembly made the Fourth of _____ 1654. Be it therefore Enacted, That all Aliens and others coming in while that Act and the others are in force, shall serve according to those Acts; and that for the future, all the aforesaid Acts shall be repealed, and all Servants hereafter coming in without Indenture shall serve Five Years, if above Sixteen Years of Age, and all under that Age shall serve until they be Four and twenty Years Old, that being the time limited by the Laws of England, and that the several Courts at the Request of the Master make Inspection and judge of their Age. XCIX. Against secret Marriage. Whereas much loss and detriment doth arise to divers Masters of Families by the Secret Marriages of Servants, the said Servants through that occasion neglecting their Works and often purloining their Master's Goods and Provisions: Be it therefore Enacted, That no Minister either Publish the Banes, or Celebrate the Contract of Marriage between any Servants, unless he have from both their Masters a Certificate that it is done with their consent; Servants may not be Married without producing Certificates from their Masters. and the Minister doing otherwise shall be Fined Ten thousand Pounds of Tobacco, and the said Servants both Man and Woman, that shall by any indirect means procure themselves to be Married without consent of his and her Master, shall for such their Offence, each of them serve their respective Masters One whole Year after the time of Service by Indenture is expired: And if any person being free, shall clandestinely marry with a Servant as aforesaid, he or she so marrying, shall pay to the Master of the Servant Fifteen hundred Pounds of Tobacco or a Years Service, and the Servant so being married shall abide with his or her Master the time by Indenture or Custom, and a year after as aforesaid. C. Against Fornication. FOR restraint of the filthy Sin of Fornication; Be it Enacted, That what Man or Woman soever shall commit Fornication, he and she so offending, Persons convicted of fornication, Fined Five hundred pounds of Tobacco. upon proof thereof by Confession or Evidence, shall pay each of them Five hundred Pounds of Tobacco, Five to the use of the Parish or Parishes they dwell in, and be bound to their good Behaviour, and be Imprisoned till they find security to be bound with them; and if they or either of them committing Fornication as aforesaid, be Servants, than the Masters of such Servants so offending shall pay the said Five hundred pounds of Tobacco as aforesaid, for which the said Servant shall serve half a year after the time by Indenture or Custom is Expired; Servants guilty thereof how to be punished. and if the Master shall refuse to pay the Fine, than the Servant to be Whipped; and if it happen, that a Bastard Child be gotten in such Fornication, than the Woman, if a Servant, in regard of the loss and trouble her Master sustains by her having a Bastard, shall serve two years after her time by Indenture is Expired, or pay Two thousand pounds of Tobacco to her Master, besides the Fine or Punishment for committing the offence, and the reputed Father to put in security to keep the Child and save the Parish harmless. CI. Hired Servants. Whereas divers persons, that by Indenture, Custom, or After-Contracts for Wages, being Servants to several Men, do many times run away to Plantations far remote; and there being unknown, procure Entertainment with others for Wages or Shares, to the great damage, and sometimes utter undoing of their true Masters, and also of those that ignorantly entertain them, by paying the Fine; for prevention whereof for the future, and for the better discovery of such Runaways: Be it Enacted, That all Servants at the Expiration of their time, shall with their Master or a sufficient Testimonial from him, Servants when their time is expired shall take Certificates of their Freedom. go to the Court in that County where he served, and there enter his Freedom, and take Certificate thereof from the Clerk of the said Court; which Certificate shall be sufficient Warrant for any person to entertain him into his Service; and whoever after his first time by Indenture is expired, and Certificate thereof taken out as aforesaid; shall again upon any Terms become servant to another, the Master then hiring the said Servant shall take his Certificate of Freedom and keep it until the time contracted for be expired; and whoever shall entertain or harbour any Servant, or hired Freeman running away from his Master's Service, and not having a Certificate as aforesaid, shall pay to the Master of the said servant Thirty pounds of Tobacco per day and night for all the time they shall harbour or entertain them. And produce them when entertained by other Masters. Provided that if such Runaway Servants shall forge a Certificate or steal the true one from the Master he is hired to, and by that means procure himself Entertainment, the person entertaining him shall be free from the Fine, but the Servant stealing or forging a Certificate, shall be punished for his forgery, by standing in the Pillory two hours upon a Court day; and if any person coming free into the Country, shall by any Contract agree with one person, and before the time agreed for be accomplished, shall departed to another, he shall first perform the tenor of his Contract first made, and pay the apparent Damages that shall arise by his breach of Covenant, and shall after that satssfied, be liable to the payment of what Damages any other Contractor with him shall recover of him by Law; and in regard the Certificates of Freedoms may be worn out and lost, and by those means New ones be required: It is further Enacted, That every Clerk upon such pretence granting a new Certificate, shall mention in that the loss of the first, and that for that cause this second was issued. CII. Runaways. WHereas there are divers loitering Runaways in this Country, who very often absent themselves from their Master's service, and sometimes in a long time cannot be found, the loss of their time and the charge of the seeking them, often exceeding the value of their labour: Be it therefore Enacted, That all Runaways that shall absent themselves from their said Master's Service, shall be liable to make satisfaction by service, after the times by Custom or Indenture are expired (Viz.) double their time of service so neglected; and if the time of their Running away was in the Crop, and the charge of recovering them extraordinary, the Court shall adudg a longer time of Service, proportionable to the Damage the Master shall make appear he hath sustained; and because the adjudging the time they should serve, is often referred until the time by Indenture is expired, when the proof of what is due is very uncertain: Be it Enacted, Runaway Servants shall serve their Masters twice the time of their absence, after the time of their Indenture is expired. That the Master of any Runaway that intends to take the benefit of this Act, shall as soon as he hath recovered him, carry him to the next Commissioner and there declare and prove the time of his absence, and the Charge he hath been at in his Recovery; which Commissioner thereupon shall grant his Certificate, and the Court on that Certificate pass Judgement for the time he shall serve for his absence. And in case any English Servant shall run away in Company of any Negroes, who are incapable of making Satisfaction by Addition of time: It is Enacted, That the English so running away in the company with them, shall at any time of Service to their own Masters expired, English servants running away in company with Negroes. serve the Masters of the said Negroes for their absence, so long as they should have done by this Act, if they had not been Slaves, every Christian in company serving his proportion; and if the Negroes be lost or die in such time of their being run away, the Christian Servants in company with them, shall by Proportion among them either pay Four thousand five hundred pounds of Tobacco and Cask, or four years' Service for every Negro so lost or dead. CIII. Cruelty of Masters prohibited. WHereas the Barbarous usage of some Servants by cruel Masters, brings so much Scandal and Infamy to the Country in general, that people who would willingly adventure themselves hither, are through fear thereof diverted, and by that means the supplies of particular men, and the well-seating of his Majesty's Country very much obstructed: Be it therefore Enacted, That every Master shall provide for his Servants competent Diet, Clothing and Lodging, and that he shall not exceed the bounds of moderation, in correcting them beyond the merit of their offences; and that it shall be lawful for any Servant, giving notice to their Masters, having just cause of complaint against them, for harsh and bad usage, Servants too rigorously dealt withal, or wanting Necessaries, may make complaint to the Commissioners. or else for want of Diet or convenient Necessaries; to repair to the next Commissioner to make his or their Complaint; and if the said Commissioner shall find by just proof that the said Servants cause of Complaint is just, the said Commissioner is hereby requied to give order for the Warning of such Master to the next County Court, where the matter in difference shall be determined, and the Servant have remedy for his grievance. CIV. Against Unruly Servants. Whereas the Audacious Unruliness of many Stubborn and Incorrigible Servants, resisting their Masters and Overseers, hath brought many Mischiefs and Losses to divers Inhabitants of this Country. Be it Enacted and Ordained, One Years Service to be given, for striking a Master or Mistress. That ●●e Servant that shall lay violent hands on his or her Master, Mistress, or Overseer, and be Convicted thereof by Confession or Evidence of his Fellow Servant, or otherwise, before any Court in this Country, the same Court is hereby Required and Authorized to Order such Servant to serve his or her Master, or Mistress, or their Assigns, One year after his or her time by Indenture or Custom is expired. Be it Enacted, That no Person or persons whatsoever, for any Offence committed, shall be adjudged to serve the Country as Colony Servants. CV. Against Trading with Servants. WHereas divers ill-disposed Persons do secretly and covertly Truck and Trade with other men's Servants and Apprentices, who to the great injury of their Masters, are thereby induced and encouraged to Steal, Purloyn, and Imbezle their Master's Goods: Be it therefore Enacted, No Person shall Trade with Servants without Licence or Consent of their Masters. That what Person or Persons soever shall Buy, Sell, Trade or Truck with any Servant for any Commodity whatsoever, without Licence or Consent of the said Servants Master, he or they so offending against the Premises, shall suffer One months' Imprisonment without Bail or Mainprize, give Bond with Security for his good Behaviour; and also shall Forfeit to the Master of the said Servant Four times the Value of the things so Bought, Sold, Trucked or Traded for. CVI No Tobacco to be Planted after the Tenth of July. WHereas it hath been taken into serious Consideration, that the Improvement of our only Commodity Tobacco, can no ways be effected but by lessening the Quantity and amending the Quality. And further, That all Stints will prove clearly inconsistent with the being of the Country, while Maryland remains a distinct Government, unless of such a Nature as may produce both the aforesaid Effects without Abridgement of any Man's Endeavours or confining him to any set Number of Plants; for which cause the Assembly hath Enacted, That no Tobacco be Planted after the Tenth of July; The Penalty of Transgressing this Act. And that whosoever shall directly or indirectly Plant, or Re-plant, or cause to be Planted or Replanted any Tobacco after the said Tenth of July, shall Forfeit Ten thousand Pounds of Tobacco, to the use of the Public. CVII. No Seconds or Slips. ANd be it further Enacted, That what Person or Persons soever shall tend, or suffer, or cause to be tended any second Tops or Slips, shall Forfeit Ten thousand Pounds of Tobacco to the Public. Be it furthr Enacted, That what Person or Persons soever shall Save, Pack, or Sell, or Send away any Ground Leaves, which are hereby required to be totally suppressed, shall forfeit for every Hogshead proved to have the Quantity of Five Pounds of Ground-Leaf Tobacco in it, Ground-Leaves of Tobacco shall not be packed up for Sale. Five thousand Pounds of Tobacco to the use of the public. And it is further Enacted, That the Grand Jury shall take particular care of the Observation of this Act, and shall make due Presentment to the County Courts of any such as shall Plant or Tend any Tobacco contrary to the tenor hereof. CVIII. Improvements of Staple Commodities. Whereas the uncertain Value of Tobacco, the Unstapleness of the Commodity, and the probability of its Planting in other places, threaten this Country with the danger of an unavoidable ruin, which must in time fall upon it by the increase of the makers of it among ourselves (who have already so glutted all Markets, that great quantities are yearly left in the Country, and that which is sent out, sold at so mean and inconsiderable a Rate, as neither Merchant nor Planter can well subsist by) unless some other Course be speedily taken for Improvement of such other Commodities as the Country will produce, and making as many of them as we can into Manufactures, and giving Encouragement to all persons of what Ability soever to attempt it, which the former Acts for Encouragement to make Staple Commodities have been defective in, by only proposing Rewards to great quantities of every Commodity made, which whoever goes about, must if he fail, be ruined, or if he make the quantity proposed, will have no need of the gratuity, which is better to be suited proportionably to the meanest quantity. Be it therefore Enacted, That the Assembly this present year send into England for a considerable quantity of Flax Seed to be distributed into the several Counties, Flax-Seed to be distributed into each County. and deliver it to certain persons who may sell it out to several Inhabitants, and the produce thereof be paid the Year following with the levy, and the Country Stock by that means made good, according to the Fifth Act of Assembly 1661., to make their proportions of Flax. And whoever will Spin the Flax and Cause the Yarn to to be Woven into Cloth of a Yard wide, shall for every Yard of Cloth so Woven of Yarn made of Flax grown in the Country, Allowance for every Yard of Linen and Woollen Cloth made of the product of the Country by the public. have Three Pounds of Tobacco. And for every Yard of Woollen Cloth made of Yarn here Spun in the Country, Five Pounds of Tobacco, which upon produce of Certificate from some Justice of Peace in the County, that he hath seen the same in Loom, and that to his knowledge it was really made in the Country as aforesaid, shall upon producing the same to the Governor and Council, be paid so much in the public levy in the same County where they dwell. CIX. An Act for Mulberry-Trees. Whereas by experience Silk will be the most Profitable Commodity for the Country, if well managed: And whereas the greatest conducement thereunto required, is Provision of Mulberry-Trees: Ten Mulberry Trees shall be Planted upon every hundred Acres of Land holden in Fee. Be it Enacted and Confirmed by this present Grand Assembly, That every Proprietor of Land within the Colony of Virginia, shall for every hundred Acres of Land holden in Fee, Plant upon the said Land, Ten Mulberry-Trees at twelve foot distance each from other, and secure them by Weeding and a sufficient Fence from Cattle and Horses, etc. between this and the last of December 1663.; and for every Tree that shall be wanting and untended in manner aforesaid, of the said Proportion, at the said last of December 1663., The Penalty of delinquency. he the said Proprietor that shall be so delinquent, shall pay Twenty pounds of Tobacco to the public: Provided that this Act do not extend to Orphans, until the Expiration of Five years after their full age; and than if deliquent, to be liable as aforesaid, and no man planting more than his number, shall excuse any that hath planted less: Provided also that this Act extend not to such Proprietors as are not in actual possession. And because his Majesty hath taken particular notice of the great folly and negligence of the Country, in omitting the propagation of so Noble and Staple a Commodity: It is Enacted, That the Grand Jury do strictly inquire into the Breach of this Act, and make Presentment thereof, that the Offenders may accordingly be punished: And be it further Enacted, That for the encouragement of all Persons that shall endeavour to make Silk, Fifty pound of Tobacco allowed by the Public for every pound of Wound Silk. there shall be allowed in the Public Levy to any one for every pound of Wound Silk he shall make, Fifty pound of Tobacco, to be raised in the Public Levy, and paid in the County or Counties where they dwell that make it. CX. Encouragement to build Vessels. FOr Encouragement of building Vessels in this Country and the promoting of Trade: Be it Enacted, That whoever shall build a Vessel of any burden decked and fitted to go to Sea, Fifty pound of Tobacco per Tun allowed by the Public for all Vessels built in this Colony. shall for every Tun burden the said Vessel shall contain, receive upon proof of her being so built, Fifty pound of Tobacco out of the Public Levy. Whereas Colonel Edmund Scarbrough hath to his particular great Charge, but to the Infinite good of the Country, erected a Salt Work, for which he hath received deserved Thanks the last Assembly, this Assembly for his greater Encouragement, hath thought fit to grant him the use of Money raised this year out of the Two Shillings per hundred in Northampton County; Salt-Work. with condition that he make repayment of the same to those the Assembly shall allot it the next year, in Salt at Two Shillings and Sixpence per Bushel, and Soap at And be it further Enacted, That after the first of September 1663., no Master of Ship, Bark or Vessel, or any other person, Merchant or Trader, shall bring in any Salt into the Country of Northampton, under the Penalty of confiscating his Ship, Bark or Vessel, and goods, to the end that he and others may be encouraged in their industrious Endeavours to promote the Good of the Country. CXI. Tan-Houses to be Erected. BE it also Enacted, That according to the first Act of Assembly 1660, there be Erected in each County, at the Charge of the County, one or more Tan-Houses; and that they Provide Tanners, Curriers and Shoemakers, to Tan, Curry, and make the Hides of the Country into Leather and Shoes; and that the persons entrusted with the over sight of the Workmen, and the managing the Trade, do allow to the Inhabitants of the County for ever dry Hid they bring, Prices to be allowed for Hides. at the rate of Two pounds of Tobacco per pound, and sell their Shoes for Thirty pounds of Tobacco for plain Shoes, and Thirty five pounds of Tobacco for Wooden-heels, and French-falls of the Six largest Sizes, and Twenty pounds of Tobacco a pair for the smallest Shoes. Rates for Shoes. CXII. Two Acres of Corn for each Tythable. BE it hereby Enacted, That all persons within this Colony, shall Plant or Tend for every Tythable person tending a Crop in their Family, Two Acres of Corn or Pulse, under the Penalty of Five hundred pounds of Tobacco for every Acre neglected as v, to be paid by the Delinquent, and to be levied by the Sheriff for the Counties use; and the Grand Jury in their several Limits to look strictly after the breach of this Act: And for Encouragement for Men to sow English Wheat, which may be a Staple Commodity to vent out of the Country: Or one Acre of English Wheat. It is further Enacted, That the sowing of one Acre of Wheat, shall excuse the planting of the two Acres of Indian Corn, or other Corn or Pulse, as this Act enjoins. CXIII. Stray-Horses, etc. FOr remedy of the great abuse and wrong done in taking up of Stray-Horses, , and Boats lost, not only in concealing them, but in using and employing them, to the hurt and damage of the Owners: Be it Enacted by this present Grand Assembly, That every person or persons that shall take up and keep any Stray-Horses, Cattle, or Boat, shall cause the said Horses and Cattle, with the Mark, Stature and Colour, and the said Boat, Stray Horses, Cattle, etc. shall within a Month after they are taken up, be Cried publicly in all the Churches and Chapels of the County. What to be done in case the Owner be not found. with her Proportion, and what was found in her, to be cried publicly in all the Churches and Chapels in the County, within one Month after the taking them up; and in the mean time securely to lay up the said Boat: And if no Owner appear upon this Public Notice given, then to publish the same, and set it up in Writing at the next County Court; where if no Owner appear, than it shall be lawful for him to make use of the said Boat until the Owner do appear; What to be done in case the Owner be not found. who shall allow him for his pains One hundred pounds of Tobacco. CXIV. Free Trade. BE it Enacted, That Free-Trade be allowed to all the Inhabitants of this Country to buy and sell at their best advantage; Trade permitted with the Indians. and that all Acts concerning Engrossing be from henceforth repealed and made void: Provided always, But not for Beaver, Otter, or any other Furs without Commission. that no person or persons shall have any Commerce or Trade with any Indians for Beaver, Otter, or any other Furs, except those commissionated by the Governor. CXV. Exportation of Hides. WHereas the Exportation of Hides, Wool, and Iron, is generally conceived to be much prejudicial to the Commonwealth and good of this Colony: Be it therefore Enacted by the Authority of this present Grand Assembly, Hides, Wool, and Iron, shall not be exported. That what person or persons soever shall export out of this Country either Wool, Hides or Iron, shall for every of their Offences in so doing, pay as followeth, viz. for every Hid so exported the Sum of One thousand pounds of Tobacco; and for every pound of Iron Ten pounds of Tobacco, and for every pound of Wool, Fifty pounds of Tobacco; the one half of which said Payments and Forfeitures shall be paid to the Informer, and the other half to the Public. CXVI. Exportation of Money. Pieces of Eight shall pass for Five Shillings Currant. BE it hereby Enacted by this Grand Assembly, That no false Money shall pass for Currant in this Country, but pieces of Eight that are good and of Silver, shall pass for Five Shillings Currant Money, upon Penalty of Twenty Shillings to be paid by the Refusers of them: No person shall export above the Sum of Forty Shillings. And that none shall export Money out of this Country above the Sum of Forty Shillings; If any shall exceed the same Sum to forfeit double thereof. CXVII. Size of Virginia-Hogsheads. IT is Enacted upon the complaint of divers Masters and Merchants of Ships against the incertainty and extraordinary Size of Cask which hath been very much prejudicial to them, That a certain Size of all Tobacco Cask of Virginia-Hogsheads shall be as followeth, Virginia Hogsheads shall be 43 Inches in length, and the heads 26 Inches over. viz. Forty Three Inches in length, and the head Twenty six Inches wide, with the Budge proportionable; and whoever shall make Cask of a greater size, shall pay upon proof made to any Court, if he be a Freeman, otherwise his Master or Mistress that employs him, Three thousand Pounds of Tobacco, the one half to the Informer the other half to the County where the Cask is made. And it any Cask shall be made of Timber not seasoned, than such Cask to be burnt. CXVIII. Against private taking away Boats. FOrasmuch as divers persons suffer great Damages by private and concealed taking away Boats of Canoes without Licence from the Owners thereof: It is Enacted and Confirmed by the Authority aforesaid, That the Commissioners or each County Court shall be hereby impowered (if required) to order and give satisfaction from the party so trespassing to those injured by want of his or their Boat, Boats, or Canoes, Five hundred Pounds of Tobacco Penalty to the Owner, and what Damage the Boat sustains. CXIX. Against Shooting. WHereas it is much to be doubted the common Enemy the Indians, if opportunity serve, will suddenly Invade this Country, and bring it to a total Subjection of the same; And whereas the only means for discovery of their Plots is by Alarms, of which no certainty can be had, in respect of the frequent Shooting of Guns in Drink, whereby they proclaim and justify that beastly Vice: Be it therefore Enacted, Shooting off Guns at Drink or Marriages forbidden. That what Person or Persons soever, shall after publication hereof Shoot any Guns at Drink or Marriages (Burials excepted) such person or persons so offending shall forfeit Two hundred Pounds of Tobacco to the public, to be levied by distress in Case of refusal. CXX. Supply of Ammunition. BE it Enacted, That a provident Supply be made of Guns, Powder, and Shot to our own people, and this strictly to be looked to by the Officers of the Militia; Every person able to bear Arms, shall keep in his House a Gun, 2 l. of Powder, and 8 l. of Shot. viz. That every man able to bear Arms, have in his House a fixed Gun, two pounds of Powder, and eight pounds of Shot at least; which are to be provided by every man for his Family before the last of March next: And whosoever shall fail in making such provision, to be fined Fifty pounds of Tobacco, to be laid out by the County Courts for a Common Stock of Ammunition for the County; the Enquiry referred to the Grand Jury. CXXI. Against Exacting Millers. WHereas by a Second Act of a Grand Assembly Anno 1645; It was Ordered and Established, for the Reforming the great abuse of Millers in Exacting Excessive and Illegal Toll, That no Person or Persons using or occupying any Mill, should take or receive for the Grinding of any Grain, or exchanging it for Meal, above the sixth part thereof for Toll; which Act hath not taken such Effect as was intended thereby, in respect as is conceived, neither Penalty was imposed therein upon the Offender, Miller's shall receive in Corn, and deliver it out by Statute Weights and Scales. nor the Execution thereof was given in direction to any particular Officer. It is therefore thought fit to enlarge the said Act, and by Virtue thereof to require all Millers and Owners of Mills, to provide by the Five and twentieth day of June next come Twelvemonth, Stilhards or Statute Weights and Scales, by which they are to receive in and deliver out all Grain: And that they do sufficiently grind and exchange the said Grain so brought, upon the penalty (in case they do exact beyond the said proportion for grinding or exchanging, or in case of default of such Weights or Scales, Penalty upon Miller's Exactions. or for not sufficiently grinding) of the sum of One thousand pounds of Tobacco, and that the Grand Jury inquire thereof. CXXII. Against Exportation of English Goods. WHereas the necessities of this Country are relieved chief by the Importation of English Goods, and that relief much obstructed by many that bring in unnecessary Commodities, and make sale thereof for Tobacco; which they again truck for Substantial Commodities, as Clothing and the like: and by that means leave the Country destitute of its own Supplies: It is hereby Enacted, That what person or persons soever, shall after the First of June next export out of the Colony any English Goods, not by him formerly imported, shall upon discovery forfeit such Goods, and be fined the value, the one half to the Informer, and the other to the Public. CXXIII. No Mares or Sheep to be transported. IT is also Enacted, That no Mares or Sheep be transported out of the Country, upon triple the value to be forfeited by the Offender, and by him paid, one half to the Informer and the other half to the Public. CXXIV. Against Selling of Rum but in places appointed. WHereas the excessive abuse of Rum hath by experience been found to bring Diseases and Death to divers people, and the purchasing thereof made by the exporting and unfurnishing the Country of its own Supplies and Staple Commodities: It is Enacted, That what Vessel soever shall after the First of March 1663., Six pence payable for every Gallon of Rum, and One penny for every pound of Pavele Sugar brought on Shore at any other Port than is appointed by the Assembly. except such as belong wholly to Inhabitants of this Country, bring in them any Rum or Pavele Sugar; the said Vessels so bringing it in, shall not unload or sell the same at any place or places, but such as are by Act of Assembly appointed Ports for the vent of the said Commodities; and shall bring the same on Shore, and enter the quantity, and pay for every Gallon of Rum Six pence Custom, and for every pound of Pavele Sugar One penny, before they shall be permitted to sell or dispose of any part thereof. CXXV. Against Stealing of Hogs. WHereas the Stealing and Killing of Hogs is a Crime usually committed; and seldom or never detected or prosecuted in this Colony: Hogg-Stealers shall pay 2000 l. of Tobacco, half to the Owner, and half to the Informer. Or else shall serve two years, one to the Owner, and one to the Informer. Be it therefore Enacted, That for the better prevention thereof, that whosover shall steal or unlawfully kill any Hogg which is not his own; and the said Fact being proved by sufficient Evidence, he or they so offending, shall pay to the Owner of the said Hogg One thousand pounds of Tobacco, and One thousand pounds of Tobacco to the Informer. And in case of inability to pay and satisfy the said Sums, the person so offending shall serve Two years; viz. One year to the right Owner of the said Hogg, and the other to the Informer. And if any person be found to bring home any Hog or Hogs so killed, without their Ears, shall be adjudged a Hog-stealer, and to be proceeded against accordingly. And that such persons as shall receive such Hogs into their Houses, and not immediately discover the same to the next Commissioner, than such Receiver shall be proceeded against as if he had been an Actor in the Trespass. And in case the Owner of the Hog inform, he to have both the Fines. CXXVI. Masters of Ships to provide Four months' Provision. BE it Enacted, Masters of Ships shall give sufficient Allowance of Diet to Passengers. And take care that poor Servants have good Lodging. That all Masters of Ships shall be obliged hereby to provide Four months' allowance of Victuals for Passengers at their setting forth from the Downs or other Ports of England, and to give the Passengers sufficient allowance of Diet all the Voyage: And Commanders of Ships respectively, to take care that poor Servants do not want Bedding in the Voyage. In which particulars aforesaid, if any shall offend, they shall be liable to grievous Censure here according to the merit of the Offence. CXXVII. Concerning Passes. BE it also Enacted and Confirmed, No Macter of a Ship shall Transport any person out of this Colony; except the said person produce a Pass. That no Master of any Ship, Vessel, Boat, or Bark, shall transport any person or persons out of this Colony, except the said person or persons produce a Pass under the hand of the Secretary, or such whom he shall depute or appoint, upon the penalty to pay all such Debts as any such person shall stand indebted to any person within this Colony at his or their departure, and pay a Thousand pounds of Tobacco to the Secretary for his Contempt. And it is further Enacted, That before any such Pass shall be signed to any person, he or they shall bring a Certificate from the Monthly Court where he or they reside, The Method to be observed in granting such Passes. that he hath set up his Name upon a Court day, ten days at least before his departure, at the County Court where he resides: Or otherwise shall put in sufficient Security for the payment of all Debts that are due or owing from them to any person within this Country, or his Name to be published and set up at the Church door two Sundays in each Parish in the County where it is presumed all persons will be; and the Readers Testimonial to the Clerk shall be sufficient Warrant for him to grant a Certificate: And the Secretary and Security after a year and a day to be discharged. CXXVIII. Impositions of 2 s. each Hogshead. THis present Grand Assembly of Virginia, taking into serious Consideration the burdensome and unequal way of laying Taxes by the Pole, and how they may with most honour and ease support the Government, in well paying his Majesty's Officers, and as means perhaps of introducing Money, and an Encouragement to Men to produce other useful and beneficial Commodities, have thought fit to impose two Shillings per Hoshead upon every Hogshead of Tobacco that shall be Shipped on Board of any Ship or other Vessel within Virginia to be exported; and the Collectors of the said Imposition to dispose of no part thereof, but by order of the Grand Assembly only: Be it therefore Ordained and Enacted by this present Grand Assembly and the Authority thereof, And it is hereby Enacted, That the Master and Masters of all and every Ship and Vessel coming to Trade in Virginia, shall upon demand made by the Collector or Collectors, who shall by order of Assembly be impowered to receive the said Imposition from every Ship or Vessel, enter into security to pay such Collector or Collectors two Shillings for every Hogshead of Tobacco, that shall upon any account whatsoever be Shipped on Board his Ship or Vessel to be exported: The said Payment either to be made in Money, Bills of Exchange, or Goods at Thirty per Cent. Advance upon the Price of such Goods at the first Penny, and all Freighters to be accountable to the said Masters for the Tobacco by them Shipped. Be it also Ordained and Enacted by the Authority aforesaid, Masters of Ships shall give an Account of their Freight to the Collector upon Oath. for the discovery of the number of Hogsheads each Ship or Vessel contains, that the Master of such Ship or Vessel shall deliver his Boats-swains Book to the perusal of the Collector, and make Oath of the Truth of the same so far as he knoweth; and that the Mates, Boats-swain, or any other Sea man be sworn, if the Collectors see cause to discover the Truth of the said Freight. And if any Master of Ship or Vessel, shall wittingly or willingly conceal any part of his Freight from the Collector, Masters of Ships concealing any part of their Freight, fined 100 l. Sterling. and shall thereof be lawfully convicted; then the said Master shall forfeit for every such Offence the Sum of One hundred pounds Sterling, one Moiety thereof to go to the Informer, and the other to the Public, and to be recovered by Action of Debt, Bill or Plaint in General Court or County Court, by virtue of this Act, against which no Assoin, Wager of Law or Protection to be allowed to any Person so offending: Be it further Enacted and Ordained, That if any Masters shall pass Bills of Exchange for the said Imposition, that then the Collectors are hereby required to take sufficient Caution of the said Master for the true and good Payment of the same: It is hereby also Ordained and Enacted, That the Collectors of the several Rivers and Places in Virginia, for the Receiving of the said Two Shillings per Hogshead, be appointed and confirmed by this present Grand Assembly, and give sufficient Security and Caution for the due Execution of the trust thereby reposed in them; and to be accountable to the next Assembly according to the tenor of this Act; The Collectors Salary. and the said Collectors to be allowed Ten per Cent. salary for collecting the said Imposition: Provided always, and it is hereby Ordained and Enacted by the authority aforesaid, That this present Act of Assembly be and remain in force. CXXIX. Every Inhabitant in Northumberland and Westmoreland Counties to give an Account how many Hogsheads of Tobacco they made, and to whom sold. WHereas the Imposition of Two Shillings per Hogshead cannot conveniently be levied upon Masters of Ships that come into Potomack River, by reason of their Anchoring in the Dominions of the Lord Baltemore, whence they send their Sloops and Boats to fetch the Tobacco made in this Country without paying the said Imposition. Be it therefore Enacted, That every Planter in the Counties of Northumberland and Westmoreland, shall certify into the Collectors Office, or unto his Deputy, the number of Hogsheads of Tobacco made by him and his Family, and to whom they are sold, and shall not suffer any of the said Hogsheads of Tobacco to be carried out of his House until he receive Certificate from the said Collector, that the Imposition of the said Tobacco is paid: And if any Planter shall contrary to this Act, suffer any of his Tobacco to be carried on board any Ship, Boat, or Sloop,; without such Certificate, than the said Planter to be Fined 20 s. for every Hogshead so carried away without Certificate as aforesaid. Whereas the like inconveniences are incident to Northampton County and lower Norfolk, in recovering the Impositions of Two, and Ten Shillings per Hogshead; as to the River of Potomack, by reason of the transportation of much of the Tobacco made in those places in Sloops to Mary-Land: Be it Enacted, That the Provitional Act made the last Assembly for Payment of those Duties in Potomack River, extend and be in force in the said Counties of Lower Norfolk and Northampton, and that the Collectors appoint certain Persons to take account of the Planters according to the tenor of this Act. CXXX. Payment of Fort-Duties in Accomack, etc. Whereas there is an Act of the last Assembly providing for the securing of the payment of the 2 s. per Hdd. due to the Country, but no Provision made therein for the securing the payment of Fort Duties of Potomack, Accomack, and Lyn Haven, Three pence per Hogshead payable for Fort Duties in Accomack, etc. from whence they fetch their Tobacco in Sloops: Be it Enacted, That the said Act shall extend as well to cause the Planters loading it, to reserve and make payment of Three Pence per Hogshead for Fort Duties of the said Tobacco, as for the payment of the 2 s. per Hogshead. CXXXI. Ten Shillings per Hogshead, WHereas the prudence of all Nations hath provided for the defraying the public necessary Charges of the Country, rather by laying an Imposition upon the Adventurers for the Staple Commodities of the Country, by the exportation of which the greatest advantage accrues, then by taxing the persons of the Inhabitants; this present Grand Assembly endeavouring as much as in them lies, to ease the burden of the People; and taking into Consideration the great benefit that accrues to other Countries, by the Customs arising from our Commodity Tobacco; and that Virginia, whose particular Staple it is, hath from it, nor from the Adventurers hither, no public advantage; We have thought it necessary and convenient, and accordingly have Enacted and Confirmed, That all Merchants, Masters of Ships and Mariners, trading to Virginia, and not bound by Charter-party to return and discharge in any of the English Dominions in Europe, shall pay for every Hogshead of Tobacco, they shall load aboard any Ship, Bark, or other Vessel, arriving here after the First of August next, and not bound as aforesaid, Ten Shillings Sterling either in Money or good Bills of Exchange, Inhabitants of this Country trading on Bottoms belonging to Virginia-Owners, freed from payment of the 10 s. per Hogshead. with good Caution or in good valuable Commodities, at 25 per Cent. Advance: Provided always. That all Adventurers Inhabitants of this Country, trading in Bottoms belonging to Virginia-Owners, shall be free from the said Imposition; it tending to the advancement of Trade here, and the encouragement of the Inhabitants to purchase Vessels, and of Mariners to make this their place of Residence. CXXXII. Castle-Duties to be Paid. WHereas the Castle-Duties granted by his Majesty to Colonel Francis Morrison, Captain of the Fort at Point-Comfort, are rendered of no value, by the Charge of Boat and hands going to Collect them; and the inconsiderableness of the Commodities 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 Colonel Morrison, shall give in a true Burden of the Ships or Vessels, and the List of their Passengers, at such convenient places, and to such persons, as the said Colonel Morrison shall in each River appoint, upon Oath to be administered 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 Burden or List of Passengers, than he shall upon proof thereof made, pay Triple 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 Colonel Morrison, to be by him recorded in his Fort-Book, as formerly hath been accustomed. CXXXIII. Ships to come up to James City. Whereas the King's Majesties frequent Instructions, hath Commanded that all Masters of Ships arriving in this Country, 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 Country; yet that his Majesty's Commands may as much as in us lieth be effectually obeyed; We the Governor, 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 Wether 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 Country do enjoin them. CXXXIV. Privilege of Virginia-Owners. Whereas some doubts have arisen about the privilege 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 Privilege is granted only to the Owners and Adventurers in such Vessels as solely and wholly belong to the Inhabitants of this Country, Such Vessels only as solely and wholly belong to the Inhabitants of this Colony 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 countries', and the Governor be Judge of such Proprieties and certify the same to the Collectors. CXXXV. A Public Notary appointed. Whereas for want of a Public Notary, the Certificates and other Instruments to be sent out of this Country, 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 Public Notary for this Country, 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 chief 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 Majesty's Country; and whereas the Laws prohibiting the purchase of any Indians Lands, (unless acknowledged at General Courts or Assemblies, by reason it is as easy to fright them to a public as well as a private acknowledgement) are made fruitless and ineffectual, corrupt Interpreters often adding to this Mischief, by rendering 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 Country into an inevitable and destructive War: For Remedy of which Inconveniences, and that for the future a sure equitable Peace may be established, the Governor, Council, and Burgesses, out of their tender care of Justice, and the Peace of this his Majesty's Country; 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 Acknowledgement, 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 Country do inflict, if the same had been done to an Englishman. And be it further Enacted, That what Englishman hath already, contrary to the Laws formerly in force, for surrendering and acknowledging Indians-Lands, made encroachments or seated upon them, shall if th●● make not good proof of their Title, upon Complaint ma●e, be by Order directed to the Sheriff to execute, removed from their Seats of Land thus wrongfully encroached 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 making a Fence. procured a colourable right to any Land, by the said English now seated within Three Miles of any Indians, for prevention of the injuries done to the Indians by the said English Mens Hogs and Cattle, shall send such number of hands as they shall be appointed by Commissioners to be authorized by the Governor, to help the Indians to fence in a Corn Field, proportionable to the number of Persons the said Indian Town doth consist of; and that after such Fence once made sufficiently, according to the Act of the Assembly, if the Indians keep it not in repair, what damages soever they shall afterwards sustain, shall be at the hazard and sole loss of them the said Indians. And be it further Enacted, That for the better relief of the poor Indians, whom the seating of the English hath forced from their wont conveniences of Oystering, Fishing, and Gathering Tuchahoe Cortenions, and other wild Fruits, by which they were wont for a great part of the year to subsist: Be it therefore Enacted, Granted, and Confirmed, That the said Indians, Poor Indians may be licenced to Fish for Oysters, and gather Wild Fruits. Provided they come not Armed. upon address made to Two of the Justices of that County, they desiring to Oyster, or Gather Wild Fruits in as aforesaid; they the said Justices shall grant a Licence to the said Indians to Oyster or gather Wild Fruits, as aforesaid: Provided the said Justices limit the time the Indians are to stay; and the Indians bring not with them any Guns or Ammunitions, or other offensive Weapons, but only such Tools or Implements as serve for the end of their coming: And if any English Man shall presume to take from the Indians so coming in, any of their Goods, or shall Kill, Wound, or Maim any Indian, he shall suffer as if he had done the same to an English Man, and be Fined for his contempt. No person whatever shall buy or receive any Commodity of the Indians, without licence. And because many underhand and unlicensed Traders do truck and trade with the Indians (contrary to the Act of Assembly, and to the great prejudice of all such as legally procure Commissions from the Governor) under pretence that the things trucks for be given them by the Indians: Be it therefore Enacted That what persons soever, shall upon any pretence whatsoever, buy, take, or receive, any thing or commodity, from an Indian, shall upon proof thereof at any Court, be ordered to pay triple the value of the thing received, to the person injured thereby. Differences arising in Trade with the Indians, shall be referred to the Governor. And because sometimes differences may arise between the Indians and those they trade with, which if we should proceed by way of Arrest, might tend much to the disturbance of the peace of the Country: Be it therefore Enacted, That any Commissionated Trader having a Difference with any Indian King or other, shall repair to the Governor for him or such other as he shall appoint, to determine the matter in controversy between them. And because the imprisonment of an Indian may bring a War upon the Country, No person shall Imprison any Indian King without Warrant from the Governor and two of the Council. and consequently the making of Peace and War being wrested out of those hands it is by his Majesty's Commission entrusted, into the power of every Individual in the Country: Be it therefore Enacted, That no person of what quality soever, presume to imprison any Indian King, without a special Warrant from the Governor and two of the Council, as they will answer the contrary at their uttermost peril. And because this Act cannot be put in Execution without Commissioners to view the present Bounds of the English and Indians: Be it therefore Enacted, That the Honourable Governor be desired and authorized to appoint uninteressed persons Commissioners, Bounds betwixt the English and the Indians, shall be fix. And Commissioners thereto appointed, shall view the same annually. to go with parties of Horse to the several Indian Towns, and there to proclaim these and the following Articles of Peace between us and the Indians, to settle the Bounds between us, and to appoint others of the most integrity, to fix the time and assess the Work, to help the Indians fence, and all other things by this Act enjoined. And for prevention of future Intrenchments beyond the Bounds once fixed, Be it further Enacted, That the Governor be desired and authorized to commissionate certain Persons annually to visit the same, and to take care that no entrenchment be henceforth made upon the Indians. And because an interval between the Indians, cannot in the present nearness of seating, be so laid out as may wholly secure the English from the Indians coming in and pilfering things from them, if a free intercourse be admitted: Be it therefore Enacted, for the prevention thereof, and to the end that the Nations may be distinguished, and so if they are taken in the manner of doing any injuries, the sufferers know to what Kings to address themselves for remedy, That Badges (viz. Silver Plates and Copper Plates, with the Name of the Town graven upon them,) be given to all adjacent Kings within our protection; Indians shall not come within the bounds of the English, without Badges. and that all the said Kings give it in charge to their People, that none of them presume upon what occasion soever, to come within the English Bounds without those Badges upon them, or one with a Badge in their company; and if any damage or injury be done to any English Man by them or any of them, that then the King or Great Man of the Place the Badges denote, shall be answerable for it; and if any shall, notwithstanding this Injunction, be found in our Bounds without any such Badge, or not accompanied with one that shall have them, that then it shall be lawful for any English Man to carry him or them before any Justice of the Peace, who shall keep him or them in safe custody, until their King or Great Man ransom them, by paying One hundred Arms length of Roranoake for each Indian so taken, to be disposed of by the Public: Provided always, That if any English Man shall be found or proved to have taken away any of their Badges, thereby to make the Indians guilty of breaking this Law, That then the person so offending shall be set in the Pillory two hours on the Court-day, in the County where they have committed the Offence, with their Fault in great Letters written upon them, and to be fined Five thousand Pounds of Tobacco to the use of the Public; and in case of disability, lie Six Months in Prison, without Bail or Mainprise: And be it further Enacted, That all Indian Kings Tributary to the English, Indian Kings who are tributary to the English, shall acquaint them of any Invasion they know of, intended by any strange Indians upon this Colony. when they have the least notice of any March by any strange Indians, near our Quarters, shall repair themselves, or at least send some one of their Great Men, to the next of the Militia, which shall be nominated and appointed by the Governor for that purpose, and acquaint him with as much as they know concerning the Nation, the Numbers, and which Way they conceive they will bend their Course; and if they then shall desire any aid from us to secure them, that a Party be sent presently out by the Colonel of the Militia to that purpose; which by this our assistance and reciprocal care, will make them and us have an equal interest in each others preservation; while on the other side we being ignorant of the Marches of Foreigners, impute all damages we then receive which is then commonly most to our Neighbours, how innocent soever. And it is further Enacted, That if any Indian, by the inveigling of any English, or of his own will, shall without leave of the King or great Man of the Place, come within the bounds limited them, and there procure harbour or entertainment, Penalty of harbouring Runaway Indians. it shall be lawful for any English Man to take the said Indian and to convey him to his Town to be punished, and to recover of the English Man that harboured or entertained him, so much per day as by the Law for entertaining other runaway is recoverable. And be it further Enacted, That what English Man, Trader, or other, shall bring in any Indians as Servants, and shall assign them over to any other, shall not sell them for Slaves, nor for any other time than English of the like ages should serve by Act of Assembly. And because heretofore many entertained Indians by Licences of particular Persons, No person shall entertain any of the Neighbouring Indians for Servants without Licence from the Governor. who did much damage to their Neighbours: Be it henceforth Enacted, That no Person of what Quality soever, shall entertain any of our Neighbouring Indians as servants or otherwise, unless by a Licence obtained from the Governor himself upon their Obligation that desire it, to be answerable for all the injuries and damages that the Indians by them entertained, shall do to any English. CXXXVII. Clerk's Fees to be paid. WHereas by a former Act of Assembly, Clerks of Courts were made uncapable of recovering their Fees after they had been Two Years due: Be it Enacted, That the said Act be repealed, and that all their Accounts shall be Three years pleadable, Clerk's Fees shall be pleadable Three years. and that hereafter all Sheriffs or Collectors shall either receive, distrain for, or secure by Bill, all Secretary or Clerk of Courts Accounts delivered them, and be allowed Ten per Cent. for what is received, and Five per Cent. for what Bills are taken; and the Sheriff or other Collector not receiving, or securing as aforesaid, to be responsible for the Account omitted: Provided, That they the said Sheriff or Collector, shall not be liable for the Account of any Person removing out of the County before the laying the Levy, unless they receive the Levies or Sheriffs Fees, and then to be acccountable for the Clerks Fees also: Provided also, That the Clerks deliver or send their Accounts attested under their Hands, to the said Sheriff or Collectors, within four days after laying the Levy in their several Counties. The Secretaries Fees. BE it Enacted and Confirmed by this present Grand Assembly, That the Secretary's Fees shall be as followeth: viz. l. Tob. l. Imprimis, For a Patent and recording it, 80 For a Commission of Administration and recording it, 60 For a Probate and recording it, 60 For a Commission to trade, 50 For a Deposition, 15 For a Bond and recording it, 40 For a Copy of a Patent, 30 For recording a Letter of Attorney, 30 For recording a Will, 30 For a common Warrant, 15 For an Order, 15 For a Copy of an Order, 15 For recording a Bill or Receipt, 10 For an Execution, 30 For a Pass, 30 For a Subpoena, 15 For a Petition if writ, 15 For a Certificate for Lands, 15 For a Copy of an Act of Assembly, 15 For recording a Bill of Sale or such like, 30 For a Commission for the Militia or Court, 50 County-Court-Clerks-Fees. BE it also further Enacted, That the County-Court-Clerks-Fees be as followeth: viz. l. Tob. l. Imprimis, For an Action, 8 For entering an Order, 8 For the Copy of an Order, 8 For an Execution, 15 For an Attatchment, 15 For a Deposition, 10 For a Copy of a Deposition, 10 For Administrations and Probates, both at 60 For a Subpoena, 10 For a Petition if they writ it, 10 For Entry of a Petition, 3 For a Certificate for Land, 20 For any other Certificate, 10 For recording of any Business (Orphans excepted.) 20 For recording Inventories and Conveyances, 30 For a Scire Facias in any Court, 10 And if any thing else be done by them then what is here expressed, the Commissioners to adjudge the Fee. The Sheriffs Fees. BE it also Enacted, That the Sheriff's Fees shall be as followeth: viz. l. Tob. l. Imprimis, For an Arrest, 10 For Bond, 15 For going into Prison, 10 For Whipping, 20 For Pillory, 20 For serving a Subpoena, 10 For serving an Execution if under 100 l. of Tobacco, 10 If above 100 to 500, 20 If above 500 to a Thousand, 40 If unto Two Thousand, 60 If above Two Thousand, Ten Pounds per Thousand. For Summoning and Impannelling a Jury for every Cause Twelve Pounds of Tobacco, and for every person Summoned Five Pounds of Tobacco. Attatchments as for Arrests. And if further trouble; to be allowed by the Court. And whereas some of the Sheriff's Fees upon Execution have heretofore seemed to have been Arbitrary, this Assembly have thought fit to ascertain them, and to Enact, That he shall have for Summoning every Appraizer Ten Pounds of Tobacco, and the Appraizer to have Thirty Pounds of Tobacco per Cause if they finish it in one day, and 30 per day if they are longer about it. The Clerk of the Assemblies Fees. BE it Enacted by this present Grand Assembly, That the Clerk of the Assemblies Fees shall be as followeth: viz. l. Tob. l. Imprimis, For Entry of a Cause by Return, Plea, or Petition, 20 For an Order and Copy of an Order, 20 For Denization, 50 For Naturalising, 50 For County Courts Commissions, 50 For Militia Commissions if granted by Assembly, 50 For Copying the Acts of every Assembly, 300 For the whole Body of the Acts Writing, 300 For Attesting Act of Assembly copying Answer and Replies. CXXXVIII. Interpreters made of the Country. WHereas Coll. John Flood hath long and faithfully served this Country in the Office of an Interpreter, and being now deceased: It is Enacted, That Thomas Flood, Son of the said Coll. John Flood, shall be received into the place of his Father, and that Henry Newcombe be likewise made Interpreter for the Norwood. At a Grand Assembly held at JAMES CITY the 23d of December 1662., and in the Fourteenth Year of our Sovereign Lord King CHARLES II. I. An Act concerning Sheriffs, making false Returns. WHereas the Sheriffs of the several respective Counties, do often contrary to act of Assembly, accept of the promise of the Party Arrested, instead of taking Bail, which by Act he is enjoined to do, and yet to save himself Harmless, doth make false Returns, viz. That the Writ could not be Executed, whereby the Creditor is delayed in the Suit, or Non est inventus, whereby Attachment Issues to the damage of the Defendant: Be it therefore Enacted by this present Grand Assembly and the Authority thereof, The Penalty of Sheriffs making false Returns. That every Sheriff that shall be proved to have executed the Writ, and yet make such false Return, shall be fined Three thousand pounds of Tobacco, one half to the Public and the other half to the Party damaged or delayed, as aforesaid. II. An Act concerning Servants, Owners of Goods. WHereas many Servants imported into this Country, being ignorant of the Customs here, do sometimes bring in with them a small Parcel of Goods, or have them sent afterwards by their Friends, which usually either the party that Imports them, or he to whom they are Assigned, as Servants converted to their own use: Be it therefore Enacted by this present Grand Assembly and the Authority thereof, Servant's Goods are to be disposed of for their own use. That all Servants bringing Goods in with them, not being their Own wearing Apparel, or having them Consigned to them during the time of their Service, shall have the propriety in their own Goods, and by permission of their Master's dispose of the same for their own future advantage. III. An Act against Persons that refuse to have their Children Baptised. WHereas many Scismatical Persons, either out of averseness to the Orthodox Established Religion, or out of the new-fangled conceits of their own Heretical inventions, refuse to have their Children Baptised: Be it therefore Enacted by this present Grand Assembly and the Authority thereof, That all and every person and persons, that in contempt of the Divine Sacrament of Baptism, The Penalty of refusing to have Children Baptised. shall refuse, when he or they may carry their Children to a Lawful Minister in that County, where he or they dwell, to have them Baptised, shall be amerced Two thousand pounds of Tobacco, half to the Parish, half to the Informer. iv An Act declaring how Judgement shall be passed upon a Non est Inventus Returned. WHereas by the present Law when a Non est Inventus is Returned, Attachment is granted Returnable the next Court, and Judgement upon the Attachment the Court following; yet if the Arrest be upon an Action of the Case, upon Account prescribes no way of making proof of the Debt, the Act for Accounts referring them to the Oath of the Debtor: Proceed in case of a Non est Inventus. Be it therefore Enacted by the Authority aforesaid, That henceforth in all such Cases the Creditors Oath shall be taken to his Account, and Judgement pass for the same he deposeth to be due to him; and in like manner where Bail is taken, and the Defendant appears not upon proof made by the Oath of the Creditor, as aforesaid, Judgement shall pass against the Bail for the Debt. V An Act for Punishment of Scandalous Persons. Whereas many Babbling Women slander and scandalise their Neighbours, Babbling and Slanderous Women, to be punished by Ducking. for which their poor Husbands are often involved in chargeable and vexatious Suits, and cast in great Damages: Be it therefore Enacted by the Authority aforesaid, That in Actions of Slander, occasioned by the Wife, after Judgement passed for the Damages, the Woman shall be punished by Ducking; and if the Slander be so enormous as to be adjudged at greater Damages than Five hundred pounds of Tobacco, than the Woman to suffer a Ducking for each Five hundred pounds of Tobacco adjudged against the Husband, if he refuse to pay the Tobacco. VI An Act concerning Women-servants, got with Child by their Masters. Whereas by an Act of Assembly made the 23 of March 1661., every Woman-Servant having a Bastard, is (to repair the trouble and charges sustained by the Master) to serve two years after her time by Indenture is expired, and late experience showing that some dissolute Masters having themselves gotten their Women-Servants with Child, Women-Servants gotten with Child by their Masters, how to be dealt withal. yet have shamelessly claimed the benefit of their Service; and on the other side, if a Woman got with Child by her Master, should be freed from that Service, it might probably induce such lose persons to lay all their Bastards to their Masters: It is therefore thought fit and accordingly Enacted, That from henceforward each Woman-Servant got with Child by her Master, shall after her time by Indenture or Custom is expired, be by the Churchwardens of the Parish where she lived, when she was brought to Bed of such Bastard, sold for two years, and the Tobacco be employed by the Vestry for the use of the Parish. VII. An Act compelling Witnesses Subpoenaed, to deliver their Evidence upon Oath. Whereas the Law of the Country already made, prescribes no way of compelling Witnesses to give in their Evidence upon Oath: Refusal of giving Evidence punishable by Imprisonment. Be it therefore Enacted, That henceforth all Witnesses Subpoenaed to give Evidence in any cause, if they refuse to declare it upon Oath, shall be committed to Prison, and there remain until they declare their Evidence upon Oath. VIII. An Act concerning Servants being the reputed Father of Bastard-childrens. Whereas by the present Law of this Country, the punishment of a reputed Father of a Bastard-Child, is the keeping of the Child, and saving the Parish harmless; Reputed Fathers of Bastard-childrens, if Servants, how to be dealt withal. and if it should happen the reputed Father to be a Servant, who can no ways accomplish the penalty of that act: Be it therefore Enacted by the Authority aforesaid, That where any Bastard-Child is gotten by a Servant, the Parish shall take care to keep the Child, during the time the reputed Father hath to serve by Indenture or Custom, and that after the said reputed Father is Free, he shall make Satisfaction to the Parish. IX. An Act enjoining the recording all Conveyances made in England in the Secretaries Office. Whereas daily Experience showeth that many Persons, Inhabitants of this Country, do privily make over their Estates to others in England, and by that means defraud all their Creditors in this Country of their just Debts: Be it therefore Enacted, That all Conveyances of any Estates in this Country made over to any person in England, or Authentic Copies, All Conveyances shall be recorded in the Secretaries Office. shall be sent over to this Country the next Shipping after they are made, and be here manifested in the General-Court, and recorded in the Secretary's Office, or else to be held for fraudulent and of no force, to the barring the Claim of any Creditor in this Country. X. An Act for Defendants in Appeals, to give in Security to answer the Appeal. WHereas by the Laws of this Country, all Appelants from any Court are bound to Prosecute their Appeals, but the Defendant left at liberty without Security for his Appearance: All Defendants in Appeals shall give Bail for their Appearance. Be it therefore Enacted, That henceforth all Defendants in Appeals shall give Bail for their Appearance, as in case of Arrests, and the Sheriff and Bail to be responsible for Non-appearance, as in case of Arrests. XI. An Act concerning Servants, brought in under Sixteen years of age. WHereas by act of Assembly, the several Courts are appointed Judges of the age of Servants, coming in without Indentures, Servants brought in without Indentures, what to be done in that Case. but no time limited after their arrival for the bringing of them to those Courts: Be it therefore Enacted, That every Master buying or bringing in a Servant without Indentures, shall be, and hereby is enjoined to carry him to the Court, within four Months after he hath bought him, when the best Judgement may be given of his Age, or else the Servant shall not serve any longer than those of Sixteen years are to serve by the Custom of the Country. XII. An Act for Mulatto Children, being bound or free according to Condition of the Mother. WHereas some doubts have arisen, whether Children got by an English Man upon a Negro Woman, should be Slaves or Free: Be it therefore Enacted and Declared by this present Grand Assembly, That all Children born in this Country, Fornication with a Negro-Man or Woman punishable. shall be held Bond or Free according to the condition of the Mother, and that if any Christian shall commit Fornication with a Negro Man or Woman; he or she so offending, shall pay double the Fines imposed on Fornication by the former Act. XIII. An Act declaring Women-servants Tythable. WHereas divers persons purchase Women-Servants to work in the Ground, that thereby they may avoid the payment of Levies: Be it therefore Enacted, Woman-Servants working in the Ground Tythable. That all Women-Servants, whose common Employment is working in the Ground, shall be reputed Tythable, and Levies paid for them accordingly, and that every Master of a Family not giving an account of such in his List of Tythables, shall be fined as for other Concealments. XIV. An Act ascertaining Damages upon Bills protested. Vide Act 18th Anno 1666. XV. An Act impowering Counties or Parishes to make By-Laws. WHereas some particular Inconveniences may happen in a respective County or Parish, which cannot well be concluded or remedied by a General Law: It is therefore Enacted, By-Laws to be obeyed by the Inhabitants of the said Counties. That the respective Counties, and the several Parishes in those Counties, shall have, and hereby are impowered to have liberty to make By-Laws for themselves; which Laws so constituted and approved by the Major part of the said Counties or Parishes, shall be binding upon them as fully as any General Act. XV. An Act for building a Town. Vide Act 5th 1680. XVI. An Act for the Imposition of 2 s. per Hogshead. WHereas the Kings most Excellent Majesty hath been graciously pleased by his Instructions to the Right Honourable Sir William Berkley, bearing date the 12th day of September 1662., Two Shillings to be paid for every Hogshead of Tobacco Exported. Upon default to be confiscated. to confirm the Imposition of Two Shillings, imposed by a former Act of Assembly upon every Hogshead of Tobacco exported out of this Colony, with the Limitations offered to his Majesty by his Majesty's Council of Trade for the Plantations. Be it therefore Enacted by this present Grand Assembly, That the Limitations of the said Order of his Majesty's Council for Plantations, be strictly observed; And that no Merchant, Master, Mariner, or any person or persons, that shall receive and Ship on board any Ship, Vessel, Bark, Sloop or Boat, any Tobacco, before the said Imposition of Two Shillings per Hogshead be duly paid in Moneys, or in the value thereof, in Goods or Merchandizes, unto the Collector or Collectors appointed by the Right Honourable the Governor, and due Certificate or Cocquet from him or them received. And in Case any Master shall receive any Tobaccoes on board, without such Cocquets or Certificates first had from the said Collector or Collectors; all such goods to be Confiscated to the use of the Public. XVII. An Act concerning Castle Duties. WHereas the Act of Assembly enjoining each Master of a Family to provide a certain quantity of Powder and Shot, for each Tythable in his Family, is rendered altogether ineffectual, unless a Means be prescribed how such Powder should be procured: Be it Enacted and Ordained by this present Grand Assembly, That for the better Supply of the Country, All Masters of Ships and Vessels may pay their Fort Duties in kind, viz. Half a Pound of Merchantable Musket Powder and Three Pound of Leaden Shot for each Tun their Ship or Vessel is of Burden, to the Captain of the Fort. The Masters of Ships may pay their Fort Duties in Musket Powder and Shot. And that the said Captain of the Fort shall be paid for what the said Powder and Shot shall amount to out of the Impost of 2 s. per Hogshead in Bills of Exchange, at the rate he received it from the Masters, viz. at One Shilling per Pound Powder, and Two Pence per Pound Shot: And it is further Enacted, That if any of the Masters of Ships or other Vessels, shall not pay their respective Fort Duties of Half a Pound of Powder and Three Pound of Shot, and Six Pence per Poll, all of them in their very kinds, that then the said Masters shall pay the same to the said Captain of the Fort, or in his Absence to his Attorney or Attorneys in Money or good Bills of Exchange; any other Act to the contrary notwithstanding. XVIII. An Act Imposing a Tax upon Horses, Repealed by the Second Act of Assembly, Anno 1665. XIX. An Act for Encouragement to Build Vessels, Repealed by Act 15. 1666. XX. An Act for Handy-craft-men to pay Levies. Whereas the necessity of the Country requires the laying upon it extraordinary Taxes at present: Handy-crafts-men shall pay Levies. Be it therefore Enacted, That the former Act exempting Tradesmen and Handy-crafts-men from paying Levies be suspended for Five years, and they to pay as formerly. XXI. An Act concerning Hides. Whereas the Act restraining the Exportation of Hides, lays the Penalty only upon the Buyer, and therefore produced not the Effect intended thereby, which was the supply of the Country with Leather: Be it therefore Enacted, That whosoever shall sell or otherwise dispose of any Hides contrary to the intent of the ●ormer Act, Such as sell Hides for Exportation, fined 1000 l. of Tobacco for every Hid so sold. shall be Fined for every Hid so by him sold or otherwise disposed of, to be exported, One Thousand Pounds of T●b●●co. Provided 〈◊〉 Sale may be made of Hides to any person living in the Country, the Clause in a former Act prohibiting the same to be sold in the Country to the contrary notwithstanding. At a Grand Assembly held at JAMES CITY September 10th 1663., and in the Fifteenth Year of our Sovereign Lord King CHARLES II. I. An Act probibiting the unlawful Assembling of Quakers. WHereas it is evident of late times, that certain persons under the names of Quakers, and other names of separation, have taken up and maintained sundry dangerous Opinions and ●enets: And whereas the said persons under pretence of Religious Worship, do often Assemble themselves in great numbers in several parts of this Country, to the great endangering its public peace and safety, and to the terror of the People, by maintaining a secret and strict Correspondency amongst themselves, and in the mean time separating themselves from the rest of his Majesty's good and loyal Subjects, and from the Public Congregations and places of Divine Worship and Service; for redressing whereof, and better preventing the many Mischiefs and Dangers that may and do arise by such dangerous Tenets and unlawful Assemblies: Be it Enacted, by this present Grand Assembly and the Authority thereof, That if any person or persons commonly called Quakers, or any other Separatist whatsoever in this Colony, shall at any time after the Publishing this Act in the several respective Counties, depart from the place of their several Habitations, and Assemble themselves to the number of Five or more, Quakers, ●y other Separatists Assembling to the number of five under a pretence of Religious Worship, how to be punished. of the age of Sixteen years or upwards, at any one time, in any one place, under a pretence of joining in a Religious Worship, not Authorized of England nor of this Country; That then in all and every such Case and Cases, the Party so Offending, being thereof Lawfully Convicted by the Verdict of Twelve Men, or by his own Confession, or by notorious Evidence of the Fact, shall for the first Offence, each Person forfeit and pay Two hundred pounds of Tobacco; and if any such person or persons being once convicted, shall again Offend therein, and shall in form aforesaid be thereof lawfully Convicted; shall for the Second Offence forfeit and pay Five hundred pounds of Tobacco, to be levied by Distress or Sale of the Goods of the Party so convicted, by Warrant from any one Justice of the Peace, before whom they shall be so convicted, rendering the Overplus to the Owners if any be; and for want of such distress, or for want of Ability of any Person amongst them to pay the said Fine or Fines, than it shall be lawful to levy and recover the same, from the rest of the Separatists or Quakers, or any one of them then present, that are of greater Abilities to pay the said Fine or Fines: And if any person after he or she in form aforesaid, Such persons being convicted the Third time shall be banished this Colony. hath been twice convicted of any the said Offences, shall Offend therein the third time, and thereof lawfully convicted, that then every such person so Offending and Convict as aforesaid, shall for his or her third Offence be Banished this Colony of Virginia to the place the Governor and Council shall appoint: And be it further Enacted by the Power and Authority aforesaid, That each Master of Ship or Vessel that shall import or bring in any Quakers into this Colony, to reside after the first day of July next, unless by virtue of an Act of Parliament made in England, the Nineteenth day of May, in the Fourteenth year of the Reign of our Sovereign Lord the King, shall be fined Five thousand pounds of Tobacco, to be levied by Distress and Sale of the Master's Goods, by Warrant from any Justice of the Peace in the County where any such person or persons shall arrive, the same being proved by sufficient Evidence; and the said Master shall be further enjoined to carry him or them out of the Country again when his Ship returns, and to take especial Care to secure him, her, or them, so brought in as aforesaid, from spreading any seditious Tenets, whilst he, she, or they, remain in the Country: And be it further Enacted, Inhabitants that shall entertain Preaching Quakers, to be fined. That any person or persons Inhabitants of this Country, that shall entertain any Quakers in or near their Houses, to teach or preach, shall likewise be fined Five thousand pounds of Tobacco for each time they do so entertain them, to be levied by Distress and Sale of the persons Goods, by Order from the Justices of the Peace in the next County Court held for that County where the Fact was committed, before whom the said Fact shall be by Evidence proved: And be it further Enacted, for prevention of Neglects in the due Execution of this Act, by any Magistrate or Magistrates, Officer or Officers of this Colony, that in case any Justice of the Peace or any other Officer shall neglect the performance of their Duty in prosecuting this Act, or shall directly or indirectly connive at any Breaches thereof, he or they for every such Offence shall be fined Two thousand Pounds of Tobacco, to be levied by Distress and Sale of the goods of the person so offending, he or they being thereof lawfully convicted by the Virdict of Twelve men, by his own confession, or evidence of Fact: Justices of Peace within the limits of their Commission to hear & determine Offences of this kind, and to grant their Warrants for levying of Fines. And be it further Enacted by the Authority aforesaid, That all the Justices the Peace in their several Counties, shall be hereafter empowered to inquire, hear, and determine all and every the Offences aforesaid within the limits of their Commission, and to give Warrant for the levying and distressing the Fines upon the Goods of the persons offending; all which said Fines mentioned in this Act shall be disposed of to the use and uses; purpose and purposes following; viz: The Two hundred, and Five hundred Pounds of Tobacco imposed on the Quakers and other Separatists for unlawful Assembling, shall be paid half to the Informer, half to the use of the Parish where the Fact was committed; that the Five thousand Pounds of Tobacco imposed on each Master that shall bring in any Quaker, Levies and Fines for unlawful Assemblies, how to be disposed of. shall be paid half to the Informer, half to the use of the Parishes in the County where the person or persons do arrive; that the Five thousand pounds of Tobacco imposed upon every Inhabitant that shall entertain as aforesaid in or near his House any Quaker, shall be paid half to the Informer, half to the Parishes in the County where he lives for Pious uses; Provided always that the charge of their Apprehending must be first defrayed: That the Two thousand Pounds of Tobacco imposed upon any Magistrate or other Officer that shall neglect the due Prosecution of this Act, shall be paid half to the Informer, half to the Parishes in the County where he lives: Provided always, and be it further Enacted, That if any of the said persons, Quakers or other Separatists, shall after such Conviction as aforesaid, give Security, that he, she, or they, for the time to come forbear to meet in any such unlawful Assemblies as aforesaid, that then and from thenceforth such person or persons shall be discharged from all the Penalties aforesaid, any thing in this Act to the contrary notwithstanding: And be it further Enacted, That all Officers of this Country be hereby strictly enjoined to take notice of this Act, and to see the same put in due Execution. II. An Act concerning the Bounds of this Colony on the Eastern-Shore. HIS Majesty's Interest on the Eastern Shore of Virginia, together with some Concernments of the Lord Baltamores, coming into Consideration of the Right Honourable Governor, and Council, and Burgesses of this Grand Assembly, they pretermitting for the present some other of His Majesties Concerns of Land until a fit opportunity do think fit for the present to Enact, And be it further Enacted by the said Right Honourable the Governor, Council, and Burgesses of this Grand Assembly, and the Authority thereof, That Publication be made so soon as possible by Coll. Edmund Scarbrough his Majesty's Surveyor General of Virginia; Commanding in His Majesty's Name all the Inhabitants of the Eastern Shore of Virginia from Watkins Point Southward to render Obedience to his Majesty's Government of Virginia, and make payment of his Majesty's Rents and all public Dues to His Majesty's Colony of Virginia. And whereas it hath been controverted by some ignorant ill-disposed persons, where Wa●tkins Point the Lord Baltamores' Southermost Bounds on the Eastern Shore is situate; This Grand Assembly by the c●re and special Enquiry of Five able selected Surveyors and Two Burgesses, and on the due Examination thereof, conclude the same place of Wattkins Point to be the Northside of Wiccacommico River on the Eastern Shore, The bounds of this Colony on the Eastern Shore. and near unto and on the South side of the Straight Limbo, opposite to Potux●nt River; which place, according to Capt. John Smith, and Discoverers with him, in the year 1608 was so named, being the Lord Baltemores' Bounds on the Eastern Shore, within which Bounds his Majesty's Subjects which now are seated, are hereby commanded to yield due Obedience at their perils: And in case the Lord Baltamores' Lieutenants or Deputies shall not be fully convinced of his or their actual or pretended Intrusions: This Grand Assembly of Virginia in due obedience making the particular part of Virginia their present care, on His Majesty's behalf do engage and command Coll. Edmund Scarbrough, Mr. John Catlett, and Mr. Richard Laurence, or any two of them, whereof his Majesty's Surveyor General to be one, That upon convenient Notice and Assignment of time and place at Monakin, or any other part of His Majesty's Country of Virginia, on the Eastern Shore, they or any two of them as aforesaid, shall give a Meeting to the Lord Baltamores' Lieutenants or Deputies, or his or their Substitutes as aforesaid, the account whereof to be returned to his Majesty's Governor and Council of Virginia, and debate and determination thereof; and in the mean time all the Inabitants on the Eastern Shore as aforesaid, are required in his Majesty's Name to conform due Obedience to this Act of Assembly: Be it also Enacted, That the Surveyor General of Virginia aforesaid, is hereby commanded and authorized to improve his best Abilities in all other his Majesties Concerns of Land relating to Virginia, especially that to the Northward of Forty Degrees of Latitude, being the utmost Bounds of the said Lord Baltamores' Grant, and to give an account of his proceed therein to the Right Honourable Governor and Council of Virginia. III. An Act prohibiting the Exportation of Deer-Skins or Calves-Skins. Vide Act 12. Anno 1680. iv An Act prohibiting the Entertainment of Indians without Badges. SInce it is manifest that divers Thefts are committed by Indians on the South side of James River, with which the Neighbouring Indians being taxed, say and affirm it to be done by the Tuscaroraes' and other remote Nations, who lying skulking about the English Plantations for private sinister Commerce, cannot be so easily discovered and taken, by reason that the penalty by Law for Indians coming in without a Badge is laid on the Indians only and not on the English entertaining them: No English man shall entertain Indians without Badges. Be it therefore Enacted, That what Englishman soever shall privately entertain any Indian or Indians of any Nation, not having a Badge according to Law, shall be liable to the same Censure and Penalty as the Law imposeth upon an Indian for such their illegal coming in; and that the Informer or Discoverer thereof shall have half of the said Penalty. V An Act for better payment of the 10 s. per Hogshead Repealed by the 7th Act. Anno 1665. VI An Act concerning the Salt-work at Accomack Repealed by 7th Act. Anno 1666. VII. An Act for the exacter Discovery of concealed Tythables. WHereas divers Masters of Families, notwithstanding the many Laws made to the contrary, do conceal some of their Families legally Tythable to a very considerable number as may justly be suspected in the whole Country, and consequently do enlarge the Taxes of those that do legally conform, for Remedy of the like Abuses hereafter: Be it therefore Enacted by this Grand Assembly, and the Authority thereof, That every Master of a Family shall give an exact Account of all Tythable persons in their said Family, with their several Names, to the next Magistrate appointed to receive the List, annually by the 10th of June. And in Case any such Master of a Family shall conceal any person or persons of his Family, Master's to be fined for concealing Tythable persons in their Families. than every such concealed person or persons shall be forfeited to him that shall make it appear, unless he was bought after the 10th day of June: But if any such concealed person, being a Servant, hath less than a year to serve, or if the person concealed be a Freeman, then for every such person the Master of the Family shall forfeit One thousand Weight of Tobacco: Provided always, That Women Servants be exempted out of this Act, which whether they are Tythable or not, is referred to the County Court to judge and determine. VIII. An Act concerning the pursuit of Runaways. WHereas the ordinary way of making pursuit after Runaway Servants by Hues and Cries, is by Experience found ineffectual for the recovery of them, and the pursuit at the particular Charge of the Master oftentimes impossible; for Remedy whereof, it is Enacted by this present Grand Assembly and the Authority thereof, That Pursuit after Runaways be made at the Charge of the Country; for effecting whereof, any Justice at the instance of the Master or Masters of the Servants run away, is hereby required, Authorized, and Impowered, to Issue his Warrant for the pressing of Boat and Hands, or other dispatches, to make pursuit, the Charge whereof shall be defrayed in the next County Levy; Pursuit of Runaways, to be made at the charge of the County. and in case the said Fugitives, should notwithstanding such pursuit, make an Escape to any of the Dutch Plantations: It is Enacted, That Letters be written to the respective Governors of those Plantations to make siezure of all such Fugitive Servants, and to return them by the next convenient passage to any of the Collectors of the Rivers, the Vessel that brings them is bound to, and for satisfaction of their Charges, the said Collectors are hereby Authorized to give them his Certificate of the Receipt of his Servant, and of the Sum the Charge amounts to, which being produced by the said Importer or his Agent to the next Assembly or Committee for the Levy, the Sum certified shall be by them raised and paid to the said Importer or his lawful Agent, at such place as he shall desire: And it is further Enacted, That the said Collector shall with as much speed as may be, certify the Master of the said Servant of his having him in Custody: The Public shall be reimbursed for the Charge of their Importation. And in case the Master of the said Servant will pay the Charge of his Importation, than the said Collector is required to take the Bill of the said Master, with security if needful, to the use of the Public, and to receive the same when due to the use aforesaid, and to deliver such Master or Masters, his or their Servant or Servants, who shall serve his or their Master or Masters for the time of his or their Absence and Charge disbursed, according to a former Act of Assembly in that Case provided; but if the said Master or Masters shall refuse to pay the Charge, than the said Collector is hereby impowered to sell the said Servant or Servants, or hire him or them out for so long time as may re-imburse the Public disbursement after which time expired; the said Servant or Servants shall be returned to his or their Master or Masters, and serve him or them the remainder of his or their time, and also for the time of his or their being run away, in which, what he serves for satisfaction of the Public shall not be accounted: And it is further Enacted, That if the said Servant or Servants be taken by the pursuit of the County, Satisfacti- shall be made to the County. That the County shall have such satisfaction as the Public by Hire or Sale of the Servant. IX. An Act for the half of all Fines, to be paid to the Informer. WHereas several Penal Acts of Assembly refer the disposal of the fines to the Assembly, who ever intended the half thereof to the Informer, The half of all Fines whatsoever, shall be paid to the Informer. yet for better Encouragement of such, and better Discovery of those that break and contemn the Law: It is thought fit to Enact, and be it by these presents Enacted, That the half of all Fines incurred by any Person offending against any Penal Law, be conferred on the Informer and Discoverer of any such offences. X. An Act concerning Foreign Debts. Whereas it was ommitted to be inserted in the Printed Laws of this Country, that Moneys due in England for any Consideration not imported into this Country should not be Pleadable here; It is therefore Enacted and Declared, No Debts Pleadable in Virginia, but for Goods imported thither. That the said Act was never repealed, but that it hath always been and still doth continue in force, and that according to the tenor thereof, no Debt whatsoever is Pleadable against any Inhabitant of this Country, but for Goods imported into this Country. XI. An Act permitting persons under Execution to redeem their Bodies with their Estates. SInce the Act for payment of Executions in kind exposed most Men in the Country to ruin, by the Malice of their two riged Creditors, who by that Act might, taking the advantage often times, when Tobacco or Money, the two things most usually obliged for, were not in possibility to be procured, detain their persons in Prison to the destruction of their Credit, Families and Fortunes: The Proceed in case of an Execution for Debt, and what relief may be had therein. Be it therefore Enacted by the Governor, Council, and Burgesses of this Grand Assembly and the Authority thereof, That the said Act, as too full of rigour, be repealed; and that instead thereof, it be Enacted, That when any person shall be laid under Execution for Debt, he shall first make Oath that he hath not directly or indirectly any specifical Tobacco or Money to answer the Debt, and then shall tender an Estate to the triple value of the Debt; and in case of disability an Inventory of his whole Estate upon Oath to the Creditor, who shall have liberty to make choice of any of the Estate so tendered for satisfaction of his Debt, which being appraised by Four Men Chosen, two by the Creditor, and two by the Debtor, shall be by the Sheriff delivered to the Creditor, and the Debtor be acquitted: But if the whole Estate will not satisfy the Debt, than the person of the Debtor to remain in Prison, and in case of disagreement between the Debtor and the Creditor, either in choice of the Estate or Apprizers, than it shall be lawful for the next Commissioner to appoint Four indifferent persons to choose, appoint and apprise what part of the said Estate shall satisfy the Debt; and in case of their Disagreement, the said next Commissioner shall be and hereby is impowered to determine the controversy. XII. An Act concerning a Stint, repealed by the 3d. Act. Anno. 1664. XIII. An Act respiting the time for Planting Mulberry-Trees, which is according to Act. until the last of December Anno 1666. XIV. An Act for keeping Holy the 13th of September. WHereas it is Evident that certain Mutinous Villains had entered into such a desperate Conspiracy as had brought an inevitable ruin upon the Country, The Thirteenth of September, to be kept Holy. had not God in his infinite Mercy prevented it; This Grand Assembly to testify their thanks to Almighty God for so miraculous a Preservation: Have Enacted, That the Thirteenth of September, the day when this villainous Plot should have been put into Execution, be annually kept Holy, to keep the same in a perpetual Commemoration. At a Grand Assembly held at JAMES CITY September 20th, 1664. I. An Act for the priority of Payment to the Countrey-Creditors. WHereas many Persons coming into this Country possessed of visible Estates, do by that means obtain Credit here, and contract several Engagements; notwithstanding which Engagements passed for valuable Considerations, it often happens that the whole Estate is by pretended Accounts out of England, Debts contracted in Virginia shall be first satisfied. and Foreign parts taken away, and the Country Creditors deprived by that means of their just Deuce; which this present Grand Assembly taking into their serious consideration, Have therefore Enacted, That in such Cases, all Courts shall give a priority in Judgements for Debts contracted in the Country, if the Claim be made within Twelve Months, before which time no Foreign Debt shall be Pleadable, unless there be Effects remaining after the Country Debts are paid: But this Assembly intending hereby but only the prevention of frauds, not the prejudice of any just Creditor that hath bonâ fide adventured his Goods into this Country, hath therefore further Enacted, That if any Factor coming out of England or any other of his Majesty's Plantations, shall within two Months after his Arrival, make Entry in any Court of Record, of the name of the Person adventuring by him, and the value of the Goods adventured, every such Adventurer shall, if the Factor die, have equal Pleading with the Inhabitants of this Country. But in case no such Entry be made, all Goods imported shall be taken to be the proper Estate of the Possessor: And to the end all Merchants and other Persons concerned, may have notice hereof: It is further Enacted, That this Act shall not be in force, until the first of March, 1665. II. An Act for Frontiers to be seated with Four able Hands. WHereas Experience hath evidenced, that the weakness of the Frontier Plantations hath animated the Indians to commit several horrid Murders; This Grand Assembly endeavouring as much as may be the prevention thereof for the future, have Enacted, Plantations on the Frontiers to be strengthened with Four able Men well armed. and by these presents do Enact, That no person shall hereafter seat above the Plantations already seated, but with Four able Hands well Armed at his first seating down. Provided, That such Persons that have already patented Land in any remote Parts, may have Seven years granted them, to seat and strengthen each particular Plantation with the aforesaid number of Four Men, or else desert their Land. III. An Act for Liberty to Plant. Whereas many Endeavours have been used, to induce the Province of Mary-Land, to comply with this Government in the Endeavours of lessening the Quantity and advancing the Value of Tobacco, which could it have been effected, had undoubtedly much augmented the Happiness and Prosperity of both Countries; but since the Government of Mary-Land, have after so many Treaties and frustrated Expectations, still continued their averseness; Acts restraining, Planting, Repealed. This Grand Assembly not thinking fit to lay a restriction upon this Government while they have so great a liberty; have therefore repealed and annulled, and do by these Presents repeal and annul all Acts or Proclamations whatsoever, any way restraining the Inhabitants of this Country from making their utmost benefit of their Labour the ensuing year. iv An Act for the proportioning all Actions to the Forenoon and Afternoon. WHereas the dispatch of business to the General Courts, is very much retarded by the liberty granted to all persons Arrested to the said Courts, to appear at any time within the day assigned in the Writ by the Plaintiff, by which means most Causes are referred to the Afternoon; and that time being insufficient to hear and determine the said Causes, the Court is thereby necessitated to put Business out of Course, by referring them to the next Morning: For prevention of which Inconveniences, this Grand Assembly have thought fit to Enact, and it is by the Authority thereof Enacted, The time for Issuing out of Writs, regulated. That all Writs that shall for the future issue out of the Secretary's Office returnable to the General Court, shall be divided according to the respective days into Ten for the Forenoon, and Ten for the Afternoon; and if the Plaintiff shall at that time fail in appearing to prosesecute, a Nonsuit shall be granted against him, and Judgement against the Defendant, or Bail, or Sheriff, in case the Defendant fail of his Attendance to Answer. V An Act concerning the regulating the Secretaries-Office. WHereas it is evident, that in all countries' the well and ill keeping of the Records, is of the highest Consequence, as being the only means to preserve the Rights and Properties of all the Inhabitants of the same; and since it appears that there hath been a great Neglect in keeping the Records in this Country: For remedy whereof for the future, the Grand Assembly at the instance of the present Secretary Thomas Ludwel Esq; have thought fit to Enact, and be it by the Authority thereof Enacted, That Captain Robert Ellison, The Records to be carefully Stated. Mr. Walter Chiles, and the Clerk of the Assembly, be appointed by the House to examine and state the Records as they now are; and that for the future, as soon as there is a place convenient to receive them, No person may be permitted to view them without public Order, except only the Clerks of the Office, or whom else the Secretary shall appoint. no Person may have a view of them, unless upon public Order, but the Clerks of the Office, or whom else the Secretary shall appoint; it being impossible to keep the Records certain, when they are prostituted to the view of every one that will look into them, who may as their interest leads, rend out what may make against them: Provided, That any Person, having occasion, may be with the Clerk when he makes the Search, for which Search there shall be paid to the Clerk for his Fee, One Shilling, or Ten pounds of Tobacco, besides paying for the Copy of the thing searched for: The Clerk's Fee for searching the Records. And it is further Enacted, That but half that Fee shall be paid to the Clerk for searching the County Court Records. VI An Act for conveneing of the People, upon the Summons of the Burgesses, to adjourn Assemblies. Whereas the principal end of the Convention of Assemblies, is the making Provisions for the people's Safety and redress of the Grievances, which being usually made known to the Burgesses of the respective Counties at the place and time of their Elections, which upon Adjournment of Alsemblies is not done, Notice to be given to the people by Proclamation, when the Assemblies are to be adjourned. by reason the Sheriff does not make publication of their Summons: It is Enacted, That for Convention of the Burgesses at this or future Assemblies adjourned, timely notice may be given to the people by publication in the Parish Churches of the day appointed by the Sheriff of their meeting at the usual places of Election, to present their Grievances to the Burgesses. VII. An Act concerning Widows Thirds. WHereas some doubts have arisen about the proportioning and assigning the Thirds of the Estates of persons Intestate to their Widow: 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 Pavea● Sugars, and principally the Obstructions it may bring to the Trade of the Country, have thought fit to Enact, That the said Act be totally repealed. IX. An Act concerning Arrests in Court times. Whereas divers persons repairing to James City in the time of Quarter Courts and Assemblies, some about service of the Public, 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 Public 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 Country, or withdraw himself out of the Country, whereby the ordinary proceed 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 judgement 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 Plaintiff be cast in the Suit. II. An Act for Repealing of the Act for defraying the Encouragement for kill Woolves by a Tax upon Horses. Whereas the Act for Levying the Encouragement of killing of Woolves upon Horses, The Act for Levying Money on Horses for encouraging the kill of Woolves repealed. by reason of the great inequality thereof, imposes too great a burden 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 Encouragement per Poll be revived and continued. III. An Act prohibiting the Sale of Arms to the Indians. Whereas 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 impolitic to debar ourselves 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 Majesty's 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 wholly 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 Indian, 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. Whereas certain doubts have arisen in giving Judgement upon a Penal Law, as stealing of Hogs, 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 Judgement 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 Judgement 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 Freeman 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 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. Whereas 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 hindered their trading in this Country, 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 Governor, who most hearty 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, than any other Ships or Vessels trading here out of England, or any other his Majesty's 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 Englishman be murdered, the next Town shall be answerable for it, with their Lives and Liberties to the use of the public; and that the Honourable Governor be humbly requested forthwith to empower 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 Governor of Virginia. to elect or constitute their own Weromance or Chief Commander; but the present Honourable Governor and his Successors, from time to time shall constitute and authorise 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, than 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 Public Meetings, may probably in time, incite the Indians to make some desperate attempt upon them: It is further Enacted, That the Honourable Governor 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 employ any Indian, without having first given Security, and obtained Licence of the Governor. That any person or persons, that shall harbour, entertain or employ 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 Governor: And whereas by the former Articles of Agreement, it was provided that no Indians which were seated: on the Southside of James River, should come over the Blackwater, or the Southern Branches thereof: It is hereby Enacted, That the said Southern Branches of Blackwater, 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 Southside of James River. IX. An Act concerning the Building of a Fort. A Fort ordered to be Built. IN Obedience to his Majesty's Royal Commands, and for the better defence of the Country, 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 Governor shall think most convenient; and that Fourscore thousand Pounds of Tobacco be levied to that purpose, The Governor to direct where. besides the sale of the King of Potomacks-Land: Be it further Enacted, That his Honour give power to press Carpenters, Labourers and other Workmen; 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 man's 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 Workmen therein employed, 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 Governor 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 Soldiers 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 been and still is the constant Endeavours of this Assembly to give all possible Encouragement to Merchants and Traders into this Colony, and hath hitherto left the receiving or refusing their Debts to their own-discretions, without other restrictions to them or liberty to the Planter then this, That if by the last of January the Creditor did not demand his Tobacco, it might then be lawful for the Debtor to dispose of it; leaving the Debtor still liable to be sued that year for Security for his Debt. Upon which divers persons for their private advantages did omit the demanding of the Tobacco in time, and thereby rendering the Planter uncapable of disposing of his Tobacco or clearing himself from the Engagements. For redress of which inconveniences, Creditors to demand and receive their Tobacco by the last of January. Be it Enacted by the Governor, Council, and Burgesses of this Grand Assembly and the Authority thereof, That if the Creditor refuse or omit to demand and receive his Tobacco by the last of January, that then it shall be lawful for the Debtor at any time between that and the Twentieth of February, to address himself to the two next convenient Justices of the Peace, who are hereby required and impowered to appoint three honest and able Men of the Neighbourhood on their Oaths, to view the Tobacco: And if they find it legally Merchantable, whether Old or New, then to weigh and mark it for the use of the Creditor, on whose account the Tobacco so viewed and approved as aforesaid shall after lie; the Debtor still endeavouring to secure it as before the Tender: and the Debtor upon producing the Certificate of the said Tender from the said Justices to the next Court, Difference between Debtor and Creditor whether the Tobacco tendered be merchantable or not, to be decided by an Umpire. that Court shall by their Order discharge the Debtor from his Debt, provided the Tender be made in place according to Specialty. And it is further Enacted by the Authority aforesaid, That in Case of Difference between the Debtor and Creditor, or his Attorney, if either of them be present, whether the Tobacco tendered be merchantable or not, then, two Commissioners as aforesaid, are hereby impowered to appoint a third person as an Indifferent Umpire to determine the difference between them. III. An Act for Altering the Day of the General Court. WHereas the Right Honourable the Governor and Council, for divers Reasons them thereunto moving, have desired that the General Court beginning by the present Act the Twentieth day of March, may hence forth be held the 15th day of April: The General Court to be held on the Fifteenth of April. It is Enacted by this present Grand Assembly and the Authority thereof, That the said Court be not hereafter held upon the 20th day of March, but upon the 15th day of April, as by this Act is Provided and Confirmed. iv An Act for repeal of the Act preparatory to a Stint. Whereas the Act preparatory for a Stint or Cessation, imposed a Rate upon Wheat of Three Shillings or Thirty Pounds of Tobacco per Bushel: The Governor, Council, and Burgesses of this Assembly considering the Low Prizes Tobacco hath been purchased at, and lest the Creditor should draw the price there set into precedent, have thought fit to Enact, and do Enact by the Authority thereof, That the said Act be to all intents and purposes repealed and made void and null. At a Grand Assembly held at JAMES CITY October 23d Anno 1680. I. An Act for a Cessation. The Act for Cessation of Planting Tobacco from the First of February 1666, to the First of February 1667, declared to remain in force. WHereas at an Assembly held at James City the Fifth of June 1666, it was Enacted, That a Cessation from Sowing, Setting, Planting, or Tending Tobacco, from the First of February 1666, until the First of February 1667, should be established in this Country of Virginia, in case the Province of Carolina should give their assent to the same, as the Province of Mary-Land by their Act of Assembly had engaged to do: Both their said Acts of Assembly of Mary-Land and this Country impowering certain Commissioners to treat and conclude of the best means of security for putting the said Acts into effectual execution: By virtue whereof the Commissioners in the said Act nominated and appointed, did upon the Tenth day of July following meet at James-City, and then and there concluded and agreed upon certain means and ways for putting the said Acts into effectual practice, and for the prevention of all frauds and deceits that might be practised therein, as by the Articles there made more fully doth appear. At which Meeting the Commissioners of that Province of Carolina did also oblige themselves that the Province of Carolina should by an Act of their Assembly confirm the Agreements aforesaid, and transmit the said Act to the honourable Governors of Virginia and Mary-Land by the last of September next ensuing. But whereas by reason of the said Provinces then Engagement in repelling the Assaults of the adjacent Indians, that their Acts, though fully at their Assembly confirmed, could not be sent to Virginia and Mary Land by the time in the Articles agreed upon. For which cause the Governor and Council of Mary Land, though they still acknowledge the Act itself for a total Cessation from Planting as aforesaid to remain in its full force, and in pursuance of the Establishment thereof, have caused a Proclamation to issue, requiring and commanding all persons in the said Province to yield conformity and due obedience thereto: of which to testify their full intents of executing the said Act, transmitted a Copy to the Right honourable the Governor of Virginia, yet in his Letter declaring, That by reason of the said Act of Carolina's not coming to them by the time in the Treaty prefixed, They conceived that all the Articles in the said Treaty containing the means to have the Act assuredly and without fraud put into practice became void: And for that cause another Treaty must of necessity be required, which Reasons the Governor, Council, and Burgesses of this Grand Assembly taking into their serious Consideration, have Enacted and Declared, and by these Presents do Enact and Declare, That the aforesaid Act of the Fifth of June, prohibiting the Sowing, Setting, Planting or Tending Tobacco from the First of February 1666, until the First of February 1667, is and remains in full force, and is hereby Ratified and Confirmed: And all persons are required to take notice thereof, and yield their due obedience thereunto. For the surer Establishment thereof, the Commissioners in the aforesaid Act nominated and appointed, or so many of them as are there required, are hereby again impowered and desired to renew the former Treaty with the Commissioners of Mary Land, and to re-establish the Articles in the former Treaty agreed upon and concluded; the Grand Assembly hereby obliging themselves, That the Public Faith given by the said Commissioners for observance of the said Articles under their Hands and Seals, and the like reciprocally taken from the Commissioners of Mary Land, shall bind this Country and every Inhabitant thereof, to a full performance in the said Act. And that no scruple may remain, are fully agreed, That Two Instruments of one Tenor, made one to the Governor of Virginia, the other to the Lieutenant General of Mary Land from the Governor of Carolina, That the Inhabitants of that Province will truly observe the Articles agreed upon between the Governors of Virginia and Mary Land, Mary-Land to concur in the Cessation. shall be accepted and reputed a sufficient Engagement for the Conformity of that Province in the observance of that Act; And if there should appear to the Commissioners any emergent occasion for any thing or things in the aforesaid Treaty Concluded and Agreed upon to be added or altered, they are by this Act impowered to proceed therein as they in their discretions shall find the necessity of Affairs to require: And the Governors' Honour is hereby requested by his Honour's Commission and Instructions, to confirm the full Power and Authority unto them; and to the intent that Notice may be given to the Honourable Lieutenant General of Mary-Land, of our Intentions to renew the Treaty the Governors' Honour hereby requesting to send Message to the Lieutenant General of Mary-land to certify to him that upon the 7th day of Dectember next, or as soon after as Wind and Wether will permit, the Commissioners of this Country will meet the Commissioners appointed for that Province at St. mary's in Mary-Land, to put in Execution the aforesaid act of Assembly; by which means all Obstacles and Doubts will be taken away, and the aforesaid Law receive a plenary and effectual Execution: And it is further Enacted, That the Governors' Honour be requested so soon as possible after the Conclusion of the Treaty, to publish and declare by his Honour's Proclamation the full intent and tenor thereof to the several Counties of this Colony. II. An Act showing how Debts are to be paid the Cessation year. WHereas it is apparent to all that the Establishment of a Cessation from Planting, will certainly advance the Gains of the Merchant, by giving him time to vend his Commodities: And for that Consideration it might be justly expected, that he should make some proportionate abatement in his Debts; Yet this Assembly whose care it hath ever been to preserve the Rights and Properties of every Person free from the least violation, have still continued the same entire, and have only for the supply of people's Necessities and enabling them to provide for their Subsistance in the Vacant year from Planting, have Enacted, and by the Governor, Debts due the Cessation-year, to be paid one half down. Time to be allowed for the other half, giving reasonable Security. Council and Burgesses of this Grand Assembly and the Authority thereof; Be it Enacted, That for all Debts already Contracted to be paid this present year in Tobacco, except public Deuce; any Debtor paying one half of the said Debt in kind, shall have liberty for the payment of the other half until the 10th of November 1668, giving reasonable Security, if requested, to pay the remaining half at the time aforesaid: and in case the Creditor will not stay out that time, but prosecute the Debtor for payment to be made sooner, it shall be in the liberty and choice of the Debtor to make Tender of his Estate before the next Justice of Peace, to legal valuation, for Payment of the said Second Moiety: Provided, That if the said Debt be under Two Hogsheads of Tobacco, it shall not be lawful for the Debtor to prejudice the Creditor by breaking a Hogshead of Tobacco, and paying a Parcel thereof. III. An Act for Valuation of Commodities for payment of Public Deuce. BE it also further Enacted by the Authority aforesaid, That all Public Deuce this year, in regard of the Cessation and Cause that expectation of advancing the Value of Tobacco, there be an abatement of the Sums formerly allowed: And that all Public and County Debts, Ministers and Parish Dues, Officers Fees, Fines, Quit Rents, and all other Rates and Debts generally that shall be contracted and become due in the vacant year from Planting, may be paid in the Country Commodities at the Rates here following: Valuation of Commodities for payment of Public Deuce, during the Cessation from Planting. Viz. Wheat, Garravances, and English Pease per bushel Forty pounds of Tobacco, or Four Shillings, Indian Corn shelled Two Shillings or Twenty pounds of Tobacco, Barley per bushel Thirty five pounds of Tobacco or Three Shillings six pence. Wound Silk per pound Two hundred pounds of Tobacco or Twenty Shillings, Indian Pease of all sorts except Garravances per bushel Thirty five pounds of Tobacco or Three Shillings six pence, Oats per bushel Thirty pounds of Tobacco or Three Shillings: Provided, That for prevention of Inconveniences that the Receiver is subject to, if he have not Cask to carry his Grain, it is further Enacted, That the Debtor shall provide and pay the Grain in Cask, and the Creditor to allow him Ten per Cent. as in case of Tobacco. No rate is set upon Flax, by reason of the uncertainty of the Quantity; nor Beef not Pork, because perishable; but both these left to valuation according to Condition and Goodness. iv An Act for Rating of Ordinary Keepers. Vide Act 3. Anno 1671, and Act 10. Anno 1676/7. V An Act ascertaining Surveyors Fees. Whereas the Act concerning the Fees of Surveyors, by reason of the low rates set therein, which seems to have been first made above Twenty years since, when Tobacco bore a greater value than can now be expected, deters any Man of Parts, Abilities, or Integrity, from exercising the said Functions, in the faithful and well discharge whereof, the peace and possession of the Inhabitants of this Country are so much concerned, and yet for want of a Penalty therein expressed, leaves a Liberty to every one to extort from the People what Sums they please: Be it therefore Enacted by this present Grand Assembly and the Authority thereof, That for encouragement of able Men in that Science to practise the same, that the Fees limited in that Act be doubled; viz. Fees formerly allowed to Surveyors doubled. Forty pounds of Tobacco for measuring every Hundred Acres of Land, if the whole Dividend exceed not, or amount to One thousand Acres; but if under that Quantity, than Four hundred pounds of Tobacco; and for the same shall deliver an exact Plate of the Land Surveyed: And if any Surveyor upon reasonable Demand, Surveyors refusing to measure Land at the Rates herein appointed, to be fined. not being by Sickness or any other lawful Impediment hindered, shall refuse to measure the Land of any Person whatsoever, for the Consideration and Satisfaction aforesaid; every such Surveyor shall be fined and pay for such his Refusal, Four thousand pounds of Tobacco; and for exceeding the Fee, Two hundred pounds of Tobacco for every Hundred Acres, half to the Party injured, and the other half to the Informer, to be recovered by Action of Debt in any Court of Judicature in Virginia: But if the Surveyor go further from home, than he can return in a day, than such Satisfaction to be allowed him as by the former Act is allowed. VI An Act repealing the Act of Encouragement for Killing of Woolves. Whereas in some Frontier Counties the number of Woolves killed and brought in by Indians, though from never so remote places, hath very much increased the Taxes of the said Counties when no benefit hath accrued; the Heads of the said Woolves being purchased by some Inhabitants there, for Lucre of Encouragement given by Act, to the insupportable burden of the people: Be it Enacted by this present Grand Assembly and the Authority thereof, County Courts shall make By-Laws for rewarding the Killing of Woolves. That the allowance for Woolves killed by Indians, and the injury of the persons and places by whom and when they are killed, be wholly left to the County Courts by their By-Laws to take care and provide for, as shall be found most requisite for the conveniency and occasions of each County: Notwithstanding the Governor and Council have assented to this, at the desire of the Burgesses, are of Opinion that this Act will be by the chief desire thereof quickly repealed. VII. An Act concerning the Salt-work at Accomack. Whereas the County of Northampton hath showed, That by a former Act of Assembly, the importation of Salt into that County was prohibited for the greater Encouragement of Coll. Edmund Scarburgh, Salt permitted to be again imported and sold in Northampton County. who had erected a Salt-work at Accomack, but he not furnishing the wants of the People in that County of Northampton according to expectation, and the Law restraining their Relief from other places: Be it therefore Enacted by this present Grand Assembly and the Authority thereof, That the said Act, for so much as relates to that County of Northampton, be henceforth repealed, and Liberty and Licence granted and given to any person to import and sell Salt there as freely as before that Act of restraint he might have done; Colonel Scarburgh himself having given his full assent to this Repeal. VIII. An Act concerning Indians, repealed by the 5th Act Anno 1671. IX. An Act for Supply of Ammunition. Each County impowered to make By-Laws for the provision of necessary Ammunition at the County Charge. Whereas there is a general Complaint of the want of Ammunition for defence of the Country in these times of eminent Danger: It is Enacted by this Grand Assembly and the Authority thereof, That each County shall by their By-Laws be impowered to make such Provision thereof at a County Charge, as their several Occasions shall be found necessary to require. X. An Act for Setting up Looms in each County. WHereas the present obstruction of Trade and the nakedness of the Country, do sufficiently Evidence the necessity of providing a supply of our Wants, by improving all means of raising and promoting Manufactures among ourselves, and the Governors' Honour having by apparent Demonstrations manifested, that our Poverty and Necessity proceed more from want of Industry than defect of Ability, since that Five Women, or Children of Twelve or Thirteen years of age, may with much ease provide sufficient Clothing for Thirty persons if they would betake themselves to Spinning, which cannot be Objected against, if Weavers and Looms were once provided: For the better Effecting whereof, A Loom to be set up and a Weaver provided for each County within Two years. Be it Enacted by the Authority of this Grand Assembly, That within two years at furthest after the date of this Act, the Commissioners of each County-Court shall provide and set up a Loom and a Weaver in each of the respective Counties of this Country at the charge of the County; And that no private person setting up a Loom at his own Charge, shall excuse the County from setting up a public one; but that every Court neglecting to perform the Tenor of this Act, shall be fined Two thousand pounds of Tobacco to the use of the Public and Informer: Provided that the executing thereof in the Counties of Rappahanack, Stafford, Westmorland and Northumberland, who by the newness of their Grounds pretend themselves uncapable of making Provision for the soon Employment of a Weaver, be respited for Four years after the date hereof. XI. An Act Imposing a Fine for entertaining Runaways. WHereas divers ill disposed Persons not valuing the Fine imposed by Act, which by the inconsiderableness thereof, they think not worth the Pains or Charge of recovery, do harbour and give Entertainment to Loitering Runaway Servants for two or three days, or more; thereby encouraging the said Servants in such lewd courses: For prevention whereof, Be it Enacted by the Authority of this present Grand Assembly, Such as entertain Runaways fined. That what person-soever, contrary to the Act in force, shall harbour or entertain any such Runaway Servant, shall be fined and pay Sixty pounds of Tobacco for each day and night he shall so harbour them, to be recovered by the Master or Owner of the said Servant, by Action of Debt in any Court of Judicature in this Country. This Act extending only to those Servants that serve by their first Indenture. XII. An Act concerning Servants coming in without Indentures. Whereas the present Act in force prescribing how long Servants coming in without Indentures shall serve, enjoins all Servants adjudged by the Courts to be Sixteen years of Age, to serve but Five years, and all under to serve until they be Twenty four years old; by which inequality a Servant if adjudged never so little under Sixteen years, pays for that small time Three years' Service; and if he be adjudged more, than the Master loses the like: Be it therefore Enacted, That the said Act be from henceforth altered and amended; viz. That all Servants coming in without Indentures after the Expiration of this Session of Assembly, The time Servants coming in without Indentures shall serve. shall serve according to their Age, viz. If adjudged Nineteen years or above, then to serve Five years; if under that Age, then to serve so many years as he wants of Twenty four, when his Age is adjudged by the Court: And that every Master intending to Claim the benefit of this Act, is hereby required within Two Courts at furthest, after he hath bought or imported a Servant as aforesaid, to carry him to the Court, who by a present Inspection at that time will be best enabled to pass Judgement upon the Matter. XIII. An Act for Criminals to bear their own Charges. WHereas the Charge of prosecuting Criminal Persons hath been hitherto usually defrayed, part by the Public, Criminals (having Estates) shall defray the Charge of their own prosecution. Otherwise to be prosecuted at the Charge of the County. but most by those Counties where the Offenders dwelled or the Fact was committed, for avoidance of which Charge it is probable that many Lewd Livers by a too favourable Censure escape their deserved Punishments: Be it therefore Enacted by the Grand Assembly and the Authority thereof, That where the person committed hath Estate sufficient to defray the Charge of his Prosecution, the Public or County shall not be charged, but the whole paid out of the Delinquents Estate, and the Public and County only then liable to satisfy where no Estate or not sufficient can be found and discovered. XIV. A Dispensation for Lower Norfolk to ship their Tobacco, a private Act. XV. An Act repealing the Acts of Encouragement. WHereas the Prudence and Care of the Public Good in former Assemblies, thought fit for the Advance and Promotion of Trade, Manufactures, and Staple Commodities in the Country, to grant out of the Public certain Encouragements for Building of Vessels, making of Silk, Cloth, etc. By which means divers people being induced to put the same in practice, have by their success made evident demonstrations how beneficial the same will be; This Assembly in hopes that all People now convinced of the Profits accrueing thereby, will of their own accord vigorously prosecute those apparent profitable designs; Have therefore for the ease of the Public Taxes thought fit to Enact, and by this Grand Assembly and the Authority thereof, All Acts of Encouragement repealed except the Act releasing the Imposition of 2 s. per Hogshead to the Inhabitants rf this Colony. it is Enacted, That all Acts of Encouragement of Silk, Building of Vessels, or any other things else, henceforth be generally and totally Repealed and Void, except the Act for release of the Impost of two Shillings per Hogshead to Inhabitants of this Country adventuring in Vessels belonging properly and solely to Virginia-Owners, according to the 134th Act of Assembly. And moreover, That the Act for not planting Mulberry-Trees, which every one intending to make Silk, now voluntarily propagate, be also repealed and made void. XVI. An Act for Millers to Grind according to Turn. WHereas divers Owners and Keepers of Public Mills in this Country, do refuse to Grind Corn according to Turn, for the Reward and Toll already set and appointed by Act; Be it enacted by this Present Grand Assembly, and the authority thereof, that what person soever, Master, Owner or Lessee of any Mill, shall refuse to grind as aforesaid, shall be fined and amerced, One Thousand Pounds of Tobacco for every such offence; And if the Miller so refusing be a servant, he shall be punished at the discretion of the County-Court, where the offence shall be committed, and complained of, unless the said servant can prove that what he did was done by order of the Master; which Fine shall be recovered by any person injured by Action of Debt in the Court of that County where the offence was committed. XVII. An Act Including Sheep in the 77th Act. WHereas the seventy seventh Act concerning the Insufficiency of Fences, prohibits any injury to be done to several sorts of Beasts and Cattle, amongst which Sheep are not Included, It is hereby enacted, Sheep Comprehended in the Act concerning insufficiency of Fences. that from henceforth Sheep shall be comprehended in the said Act, and damages recovered for any injuries done to them, by virtue of the Act aforesaid, as for other Cattle is there provided. XVIII. An Act Ascertaining Damages upon Protested Bills of Exchange. WHereas it appears that many Bills of Exchange drawn upon persons in England by people resident in this Country, in confidence that the Goods by them sent, might produce effects sufficient to satisfy them, which expectation being frustated sometimes by the miscarrying of the Ship, sometimes by not sail of the Goods, or pretence thereof by the Parties on whom they were drawn, causes the said Bills to be protested, and by the great damage of thirty per Cent. Damages upon protested Bills of Exchange shall not exceed 15. per Cent. given by Act against the Party that charged them is found to tend too much to the detriment and prejudice of the Inhabitants of this Country, It is therefore enacted by this Present Grand Assembly and, the authority thereof, that from henceforth the damage upon Bills of Exchange protested, shall not exceed fifteen per Cent. and that the former Act giving thirty per Cent. be hereby repealed and made void. XIX. An Act declaring that no Justice shall take Fee. Whereas there is an Act intended for the Relief of poor people, that Causes not exceeding the value of twenty shillings sterl. or two hundred pounds of Tobacco, might be determined by a Justice of the Peace without further suit; and whereas Complaint hath been made that some of the Justices have contrary to the good intent of the said Act exacted Fees from the Parties coming before them for Justice, to a greater value than the thing sued for amounted to; It is enacted by this Grand Assembly, & the Authority thereof, that it shall not be lawful for any Justice of the Peace to receive of any person any Fees for any Cause or Matters brought before him or determined by him. XX. An Act declaring what is meant by Seating of Land. Whereas there is in all Patents a provisional Clause for Planting or Seating the Land therein granted within three years, but never yet by any Law declared what was meant by that Clause, Building a house and keeping a stock one whole year upon Land, shall be accounted sufficient seating thereof. nor what should be accounted sufficient Seating or Planting; This Grand Assembly, for the better explanation thereof, have declared and enacted, and by the authority thereof, do enact and declare, That building a house, and keeping a stock one whole year upon the Land, shall be accounted Seating, and that clearing, Planting and Tending an Acre of ground for one year, shall be accounted Planting, and that either of these shall be adjudged as a sufficient performance of the condition required by the Patent; and that after such Planting or Seating the Land as aforesaid, and continuance of paying the Quitrents, no Land shall be adjudged to be deserted. XXI. An Act concerning Imperfect Patents. Whereas the Honourable Thomas Ludwell Esquire, hath Informed the Assembly, that he finds in the Records, many Patents for great parcels of Land, for which there appears not any Rights upon Record of them extant, upon which the Assembly, taking the Premises into serious consideration, and also the great trouble and prejudice that may ensue to divers honest Inhabitants of this Country, in asserting their Titles, though in truth never so good, yet by these neglects of the Clerk, rendered in strictness of Law altogether invalid, for Remedy whereof, the Governor, Council and Burgesses of this Present Grand Assembly have enacted, and it is by the authority thereof, Enacted and Ordained, that for preservation of all Present Titles and 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 rendering 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. Whereas 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 Reign 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. Whereas the Officers of the Militia have Complained, that divers Refractory Persons have in Contempt of authority impowering them, and to the ruin of all Military Discipline refused to appear upon the days of exercise and other times when required to attend upon public 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 show 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. Whereas 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, than the said Sheriff shall be liable 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 Public, 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, than Judgement 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 Judgement passed against them. At a Grand Assembly held at JAMES CITY September 3. Anno 1667. I. An Act for Tobacco of Mary-land growth to be free from Duties. WHereas there is an Order at present in force, requiring that all Tobacco though of Mary-land growth, shipped in Ships riding in any Harbour of Virginia, should pay the Impost of two shillings per Hogshead; and whereas at present the Inhabitants of the southside of Virginia in Potomack River are enforced for their present necessity, to lay out or Ship the greatest part of their Tobacco in Ships riding in the Government of Mary-land, for which as is said, they are to pay the like Duties of two shillings per Hogshead, as is paid for Mary-land Tobacco shipped upon Ships riding in Virginia; Be it Enacted by the Governor, 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 liable 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, than 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 Deuce, 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 virtue of their Baptism be made free; It is enacted & declared by this Present Grand Assembly, and the authority thereof, that the conferring of Baptism doth not alter the condition of the person as to his Bondage or Freedom That divers Masters freed from this doubt may more Carefully endeavour the propagating of Christianity by permitting Children though Slaves, or those of greater growth if capable to be admitted to that Sacrament. III. An Act of encouragement for Erecting Mills. WHereas it would conduce much to the Convenience of this Country both for grinding of Corn, and nearer Roads if Mills were erected at convenient places, which divers persons would willingly do, if not obstructed by the perverseness of some persons, not permitting others, though not willing themselves to promote so public a good; It is enacted by this present Grand Assembly, and the authority thereof, Two Commisioners may be impowered by the County-Court, to appoint conveninient places whereon to erect Mills. that if any person willing to erect one or more Mills upon convenient places, hath Land only on one side the said place, and the Owner of the Land on the other side, refuse to let him have an Acre of Land to the use aforesaid, That then the Countie-Court upon request of the Party so refused, shall order and empower two Commissioners, or such other Credible Person as they shall think fit to view the said Land; And if it take not away housing, or Orchards, or other immediate Conveniences, then to value the said quantity of Land, and to put the same into the possession of the Party building the said Mill or Mills, he paying the consideration the Land is valued at; And it is further enacted, Also for building of Churches or Court-houses. that the like liberty shall be granted for two Acres of Land and no more for erecting Churches or Court-houses. Provided that in case of desertion of any Structure, the Land shall revert to the first Proprietor, he paying what he received for it. iv An Act for Roads to Houses. Whereas the dispatch of Business in this Country, is much obstructed for want of Bridle ways to the several houses and Plantations, It is Enacted by this Grand Assembly, and the authority thereof, that every person having a Plantation, Convenient passage for Man and Horse shall be made to every Plantation. shall at the most plain and convenient place that leads to his house make a Gate in the Fence, for the Convenience of passage of Man and Horse to his house, about their Occasions at discretion of the Owners. V An Act against Exportation of Corn. Vide Act 3. Anno 1675/6. VI An Act for Rating of Ordinary-Keepers. Vide Act 10. Anno 1676. VII. An Act for Forts to be built in each River. Vide Act 2. Anno 1668. and Act 1. Anno 1672. At a Grand Assembly held at JAMES CITY, September 17. 1668. I. An Act for Establishing a Fast. WHereas the many Sins of this Country may justly provoke the Anger of Almighty God against us, and draw down his Judgements upon us, unless diverted by a timely and hearty Repentance; The Governor, Council and Burgesses, taking the same into their serious consideration, have enacted, and do by these Presents enact, That the 27th day of August next, be set a part for a day of Humiliation, hereby strictly requiring all persons on that day, to repair to their Respective Parish-Churches, with Fasting and Prayer, to Implore God's Mercy, and deprecate the Evils justly impending over us; And be it further enacted, that if any person or persons in contempt hereof, shall be found on that day Gaming, Drinking, or Working, (works of necessity excepted) he or they so offending, upon Presentment of the Churchwardens, and proof thereof made to the Vestry, shall be fined one hundred pounds of Tobacco, half to the Informer, half to the poor of the Parish; And it is further enacted, that all Ministers in the Parish where they reside be required to repair themselves to the solemnising that day. II. An Act for dispensation of Ship riding under the Forts. WHereas the Act for erecting Forts enjoins all Ships trading into this Country to ride within the command of the Forts, now erected for security of the said Ships in times of War and Danger, and since God hath restored to us the Blessing of an Universal Peace, by which the necessity occasioning that injunction is taken away; The Governor, Council and Burgesses of this Grand Assembly, for the ease and convenience of the Inhabitants and Traders have enacted, and by these Presents do enact, That Licence and Liberty shall be, and hereby is granted to all Merchants and Masters of any Ship or Vessel that already is or hereafter shall come into any River of this Country, Ships permitted to Ride in any part of the River, where they may most conveniently unload. to ride with their Ships in any part of that River, they shall make choice of, for better dispatch of their Affairs, and this permission to continue in force, until the Governors' Honour find just cause to command the contrary. III. An Act concerning Damages in Appeals. WHereas the present Act about Appeals, seeming to take care only of the damages sustained by Creditors in actions of Debt, is difficult in prescribing a Remedy upon actions in the Case Trespass, etc. By which impunity litigious persons do more boldly persist in stirring up and prosecuting malicious and unjust suits, to the great trouble, vexation and damage of many honest men, and the breach of His Majesty's Peace for Redressing whereof, It is enacted by the Governor Council and Burgesses of this Grand Assembly, Costs and Damages given in County-Courts upon Appeal to the General Court if cast there, shall be raised 50. per Cent. and the authority thereof, That in all actions the damages, costs and reasonable expenses of suit recovered against the Appellant in the County-Court by Judgement or Verdict of a Jury, shall have fifty per Cent. raised upon all those costs and damages in the General Court or Assembly (if Appeal be made to the General Court) against the person Appealing if cast in the suit. iv An Act about Correction of Runaways. WHereas it hath been questioned whether Servants running away may be punished with corporal punishment by their Master or Magistrate, since the Act already made gives the Master satisfaction by prolonging their time of Service: Corporal punishment may be inflicted on Runaways. It is enacted and declared, That corporal punishment moderately inflicted on a Runaway-Servant by Master or Magistrate, shall not deprive the Master of the Satisfaction allowed by the Law; the one being as necessary to reclaim them from further persisting in that idle course, as the other is just, to repair the Damages sustained by the Master. V An Act Impowering County-Courts to build Work Houses, assisted by the Vestry. Vide Act 10. An. 1666 VI An Act permitting the Exportation of Horses and Mares. WHereas the numbers of Horses and Mares is so increased, that there appears not any occasion to continue the Restraint of their Exportation; It is enacted by this Grand Assembly, and the Authority thereof, That the Exportation of Horses and Mares shall be from henceforth free, and the Act prohibiting it Repealed. VII. An Act Continuing the Tax on Negro-Women. WHereas some doubts have arisen whether Negro-Women set free, were still to be accounted Tythable, according to a former Act; Negro-women though enjoying the privilege of freedom, not exempt from the payment of Taxes. It is declared by this Grand Assembly, That Negro-Women, though permitted to enjoy the Privilege of their Freedom, yet ought not in all respects to be admitted a full fruition of the Exemptions and Immunities of the English, and are therefore still liable to payment of Taxes. VIII. An Act concerning the Property of Tobacco. WHereas some question hath been made whether weighing or marking, or both, Marking of Tobacco alone, sufficient to Transfer the Property thereof. transferred the property of Tobacco; some persons having both by weight and mark received, and yet by the alteration of their own occasions have after refused the Tobacco so received, and upon pretence of non-acceptance, having the Specialties still in their hands, have recovered Judgements for sums that justly were discharged: Therefore be it enacted by this present Grand Assembly, and the Authority thereof, That Marking alone (being the usual way of appropriating all things) without Weighing, doth transfer the property of Tobacco to him that sets, or causes to be set his mark upon it: And that for ascertaining the sum paid, if the Receiver have not convenience to weigh it when he marks it, than he that pays it away, may after ten days respite, desire any Commissioner of that County to weigh the Tobacco, or cause it to be weighed; and the Attestation of the said Commissioner, or the oath of the person or persons by him deputed, shall oblige the Creditor to discount, or allow the quantity. IX. An Act for Restraint of tippling-houses. WHereas the excessive number of Ordinaries and tippling-houses, set up for the advance of a private Gain, are found to be full of mischief and ill-convenience, by cherishing Idleness and Debauchedness in a sort of lose and careless persons, who neglecting their Calling, misspend their time in Drunkenness; and having once contracted Debts beyond their Abilities of payment, make Escapes out of the Country, to the detriment of the Public, the loss of their particular Creditors, Not above one or two tippling-houses or Ordinaries to be in each County. and often to the Charge of the Parish where they lived: Be it enacted and declared, That the Commissioners of each County-Court be required to take especial care for the Suppressing and Restraint of the exorbitant number of Ordinaries and tippling-houses in their respective Counties: And not to permit in any County more than one or two, Except on Great Roads Ports, etc. as the County Courts shall see necessary. and those near the Courthouse, and no more; unless in Public Places, as Ports, Ferries, and great Roads, where they may be necessary for the Accommodation of Travellers, according as their several Courts shall find the necessity of their Counties require. And further, That the said Commissioners take good Security for those to whom Licences are granted to conform themselves to the Laws; Such as have Licences to keep them, shall give security to the County-Court Commissioners. And that all persons keeping tippling-houses without Licence shall be fined two thousand pounds of Tobacco, half to the County, half to the Informer, for each time he offends. At a Grand Assembly held at JAMES CITY, the 20th Day of October, Anno 1669. I. An Act about the Casual Killing of Slaves. WHEREAS the only Law in Force for Punishment of Refractory Persons, Resisting their Masters, Mistresses, or Overseer, cannot be Inflicted on Negroes; Nor the Obstinance of many of them, by other than violent means Suppressed: Be it Enacted by this Grand Assembly, and the Authority thereof, That if any Slave resist his Master, Slaves resisting when Corrected if they chance to be killed; their death shall not be accounted Felony. or others by his Master's order correcting him, and by the Extremity of the Correction should chance to die, such death shall not be accounted Felony; But the Master, or that other Person by his Master appointed to punish him, be acquit from Molestation: Since it cannot be presumed that Prepensive Malice, which alone makes Murder Felony, should induce any Man to destroy his own Estate. II. An Act against the Importation of Horses and Mares. WHereas the last Assembly partly to restrain the numerous increase of Horses, now growing rather Burdensome, than any way advantageous to the Country; partly to encourage Trade, did permit that Mares might be exported; this Assembly taking Care that both the ends aforesaid, might be advanced: Have Enacted, And by these presents do Enact, No Horses, or Mares to be Imported upon Penalty of Siezure. That no Horses or Mares after the last of December next, shall be by any Person or Persons Imported, or brought into this Colony from any other Plantation or Government whatsoever; And that if any other Person or Persons shall contrary to the Intent of this Act, by any ways or means bring into this Country any Horse or Mare, after the last of December aforesaid; The Sheriff of that County into which they shall be brought, is hereby strictly required and enjoined, to make present Siezure of the said Mares or Horses, for the use of the Public, and to render an account thereof, to the next Assembly; and out of the Value, the moiety thereof to be allowed to the Informers. III. An Act for Re-examination of Orders in the County-Courts. WHereas the Twenty Second Act of Assembly, March 23. 1661. Prescribes a way of Re-examination of Orders in the General Court, but no mention made in the County-Courts. County-Courts shall re-examine their Orders. It is hereby Enacted, that the Course that Act prescribes for the General Courts, shall be strictly Observed in the County-Courts; and the County-Court omitting according to that Act to re-examine and Sign their Orders, shall be fined for every such Omission One Thousand Pound of Tobacco, whereof the Sheriff shall give Account to the next Assembly, who are to dispose the same to the Use of the Public. iv An Act for the Fee of a Dedimus Potestatem. WHereas the Act granting Commission of Dedimus Potestatem, omitting the Fee, The Fee of a Dedimus Potestatem Ascertained. hath caused great extortion in divers Clerks: It is Enacted that a Fee for a Dedimus Issuing from the General Court, shall be ascertained at Fifty pounds of Tobacco, and in the County-Court, at Twenty five pounds of Tobacco each Commission. V An Act for freeing Virginia-Owners from Castle-Duties. WHereas the Act for Encouragement of Virginia, Virginia Owners exempted from Castle Duties. Owners Exempts them from payment of the Two Shillings Per Hogshead. It is hereby Enacted, that they be also exempted from paying the Castle Duties for their greater Encouragement. VI An Act for Encouragement to make Silk. WHereas the Advancement for the making of Silk will undoubtedly tend greatest as to the present Honour and Reputation, so to the future great benefit and profit of the Country; It is Enacted, that the former Encourae-gment of Fifty Pounds of Tobacco, for every pound of wound Silk, be allowed as formerly out of the Public. Fifty pound of Tobacco allowed by the Public for every pound of Wound-Silk. VII. An Act for each County to send two Burgesses. WHereas several Inconveniences have arisen by the Act, giving liberty to the Counties to choose one or two Burgesses at discretion, as the Retarding the business of the House, when those single Burgesses are upon Committees, or have any Suit of their own, or differences between divers Parishes in the Counties; Or have their Appearance hindered by Sickness or otherways. In all which occasions, the County that sends, or part of it, are deprived of the privilege of their Representatives; Each County to send two Burgesses. It is Enacted that each County after this present Session, shall be enjoined to return two Burgesses for the better service of the Public. VIII. An Act for Encouragement to Apprehend Runaways. Vide Act the first, Anno 1670. IX. An Act for destroying Wolves, Repealed by Act 10. 1670. At a Grand Assembly held at JAMES CITY, the Third of October, Anno 1670. I. An Act concerning Runaways. Whereas the Act made the last Assembly for encouragement to Apprehend runaways, hath seemed too Burdensome to the Public, by the greatness of the Sum there granted to the taker of them up. And also difficient in some things very necessary for the restraint of Runaways. Upon Consideration whereof, It is Enacted & Ordained by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof, That the former Act of October, 1669. be Continued in its full force; But the Sum of one Thousand Pounds of Tobacco therein granted to the Taker of them up, Rewards for the Apprehending of Runaways limited. shall be and hereby is reduced to two Hundred Pounds of Tobacco, if the Runaway be found above ten Miles from his Master's House. And one hundred Pounds of Tobacco, if found above five miles from his Master's house, to be paid by the Public, in the County where the Party dwells, If it can be for every servant of what quality soever; And that the servant not being Slave, who are also comprehended in this Act, after the expiration of his full time due to his Master, shall serve any person he shall be assigned to, by the Assembly or any Commissioner from them, the Term of 4 Months for every two hundred pounds of Tobacco paid for him, The Assign giving Commission to the said Commissioners to repay the Tobaceo to the Public. And the Commissioners receiving such Commission to return it to the County-Court, and the County-Court to the Assembly; And that the said Runaway may be the more easily detected, It is further Enacted that every Master having a Servant that hath Runaway twice, shall be, and hereby is Enjoined and Commanded to keep his Hair close cut. And that every Master failing herein, How Masters are to deal with Runaways. shall be fined One Hundred Pounds of Tobacco, for every time the said Fugitive shall after the second time be taken up, half to the Public, half to the Informer. And for the better preventing such attempts, It is further Enacted. That every Constable into whose hands the said Fugitive shall by any Commissioners Warrant be first Committed, The Duty of Counstables in Conveying Runaways to their Masters. shall be, and hereby is enjoined by virtue of this Act, though omitted in the Warrant, to whip him severely, and then to Convey him to the next Constable towards his Master's House, who is to give him the like Correction, and so every Constable, through whose Precincts he passeth, to do the like. And that Constables may be the more Careful in their Offices; It is further Enacted, That every Constable into whose Custody the Runaway shall be Committed, shall give a Receipt to the Constable or Party he receives them from, to the end, that if the said Fugitive should by negligence of any Constable make an escape, such negligence might be discovered; and for the Offence, pay Four Hundred Pounds of Tobacco, half to the Public, half to the Informer, and the Fine io the former Act of One Thousand Pounds of Tobacco to be Repealed. And because such Runaways, after the expiration of their time, may by virtue of their Master's Certificate Remove from the place they dwell, in and by such Concealment defraud the Public of what hath been disbursed for him, It is further Enacted, That every Respective Master Owner of such Servants indebted to the Public, shall immediately after the time of such Servant is expired, deliver him to the next Justice, who is to deliver him to the next Sheriff to be secured till the next County-Court, there to be Proceeded with, as the Law directs, unless such Servant can procure sufficient Security to pay the Penalty laid on him by the Act; And that every Master giving Certificate before such Delivery of such Servant to the Justice, shall Repay the Public whatsoever bath been disbursed for the Recovery of his Servant during the time he served him. II. An Act Concerning Fences. Whereas the Act for Fences doth not sufficiently provide for Remedy of those many damages done by Unruly Horses, breaking into Cornfields, it is by the Authority of this Grand Assembly Enacted, That the Owner of such Horses shall be, and hereby is required and enjoined to take some effectual course for Restraining them, from Trespassing their Neighbours, from the Twentieth of July, to the last of October in every year; it being much fit that Rich-men, who have the benefit of such Horses, should provide for their restraint, than the Poor enjoined to the impossibility of very high Fences: and if any Horse, or Horses shall at any time break into any Cornfield, the Fence being four foot and a half high, Fences of Cornfields to be four foot and a half high. than the Owner of such Horse, or Horses, upon proof of the damage, shall pay for the First Trespass, single damages, and for every Trespass afterwards double damages to the Party Grieved: And because question hath been made about the sufficiency of Fences, Damages for Trespass. according to the former Act, enjoining them to be close to the bottom, It is hereby Enacted, that being so close as nothing mentioned in the former Act, can creep through, is only by that Act intended. III. An Act for the Election of Burgesses, and by whom. Whereas many endeavours have been used for the public good in the Election of Burgesses, and whereas the usual way of choosing, is by the Votes of all Persons, who having served their time, are Freemen of the Country, who having little interest in the Country, do oftener make Tumults at the Election, to the great disturbance of His Majesty's Peace, then by their discretion in their Votes, provide for the conservation thereof, by making choice of Persons fitly qualified, for the discharge of so great a Trust, and whereas the Laws of England grant a Voice in such Elections, Now but Freeholders and Housekeepers, shall have a voice in Elections of Burgesses. only to such as by their Estates real or personal have interest enough to tie them to an endeavour of the public good; It is hereby Enacted, That none but Freeholders and Housekeepers, who only are answerable to the public for the Levies, shall hereafter have a Voice in the Election of any Burgess in this Country, and that the Election be at the Court-house. iv An Act for Lists of Tytheables to be Published. WHereas many endeavours have been used for prevention of Frauds in taking the Lists of Tytheables; It is hereby Enacted, for the surer discovery thereof, that at the next Court after the tenth of June in every County, the names and numbers of Tytheables in every List taken by the Respective Justices in their Respective Precincts limited them, be taken by the Clerk of the County-Court, and by him written, and set up at the Court Door, Lists of Tythcables shall be set up at the Court-Door. all that Court-day, to the end that if any concealment have been made, the persons living near them may discover them to the Court, and such Penalties be inflicted on them as by the former Law is enjoined V An Act declaring no Indians nor Negro to buy Christian-Servants. WHereas it hath been questioned, whether Indians or Negro manumitted, or otherwise free, could be capable of purchasing Christian Servants; It is Enacted, Indians and Negro may buy their own Natives, but not Christians. that no Negro nor Indian though baptised, and enjoying their own Freedom, shall be capable of any such purchase of Christians; but yet not debarred from buying any of of their own Nation. VI An Act showing how Certificates for Marriages shall Issue▪ WHereas Complaint hath been made, that divers Persons to the defeating the Law, and Defrauding Parents and Guardians of that natural right, and just Privilege, in disposing of their Children and Orphans in Marriage, have clandestinely procured the Clerk of other Counties, then that the Parents live in, to give them Certificates, for Licences, and so the Parents by the inequality of the match dishonoured, and the Child ruinated in her Fortunes; It is Enacted, that the Act for Licences to Issue one Certificate from the Clerk of the County-court, be declared to extend to no other Clerk; but of that County where the Maid, her Parents or Guardian dwells, and that the Clerk of that County shall not grant any such Certificates without the personal consent of the Parent or Guardian; Certificates for marriage not to be granted without the Consent of the Parent or Guardian. and that in every Certificate the Clerk shall expressly aver the same, and every Clerk that shall grant them otherwise then afore, expressed to forfeit his place. VII. An Act concerning Litigious Suits. Whereas Divers Litigious Suits are conceived merely out of envy and Malice, to the ruin of divers poor men, by forcing them to a neglect of their domestic affairs, and unnecessary expenses, during their attendance at General Courts: It is hereby Enacted, that in all cases where the Molestation shall be found to be unjust, the party so molesting without cause, What Damages are allowed in Case of Litigious Suits. may be enforced to pay to the party grieved for every day, he may be reasonably in going to James City, and returning home thirty pound of Tobacco per day, and for every day of his Attendance to answer sixty pound of Tobacco per day, besides his Ordinary Nonsuit allowed by a former act, and costs of Court. VIII. An Act concerning Commissioners Warrants. Whereas it hath been doubted whether the Warrant of any Commissioners be in force, to constrain a Constable of another County to prosecute, by Hue and Cry; or to apprehend or convey Runaways to the next Constable: It is hereby Enacted and Declared, that the said Warrant directed first to a Constable within his own Precincts, Constables are to obey Commissioners Warrants. and so from Constable to Constable for avoiding delays in such necessary Pursuits, oblige every Constable to whom it shall come to the observance and performance of the Contents, of this Precept. IX. An Act of Penalty for not returning two Burgesses. Whereas the Act for Electing two Burgesses for each County for want of a Fine, hath not had the due observance it ought; It is Enacted, that every County not sending two Burgesses Penalty on Countys for not sending two Burgesses. to every Session of Assembly, shall be fined ten Thousand pounds of Tobacco, to the Use of the Public. X. An Act Repealing the Act about Wolves. WHereas the Act for Encouragement of Indians to kill Wolves, and paying the Tribute, Beaver in Wolves-heads, hath not produced such Effects as was hoped and desired, It is therefore Enacted, that the Act concerning the destruction of Wolves, and paying the encouragement by the Public be Repealed, and the former Act to remain in force. XI. An Act for the better payment of Two Shillings Per Hogshead, vide Act 3. Anno 1680. XII. An Act concerning who shall be Slaves. WHereas some disputes have arisen whether Indians taken in War by any other Nation, and by that Nation that takes them sold to the English, are Servants for Life, or Term of Years; It is Resolved and Enacted, that all Servants not being Christians, imported into this Country by Shipping, shall be Slaves for their life time, All Servants imported not being Christians shall be Slaves during Life. but what shall come by Land shall serve if Boys and Girls, until thirty years of Age, if Men and women, twlve years and no longer. But those that come by Land for a time limited. At a Grand Assembly held at JAMES CITY, the Twentieth of September, Anno 1671. I. An Act Prohibiting Millers the taking of more than one eight part of English Grain Toll, for Grinding thereof. Whereas divers Complaints have been Exhibited against the greatness of Toll paid to Millers, for Grinding of Corn, for the Regulating whereof for the future, Be it Enacted and Ordained, by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof; And it is hereby Enacted and Ordained, That no Miller shall take for grinding of English Grain, more than one eighth part, and for grinding of Indian Corn, Miller's shall take but one eighth part for Grinding English Corn, and one sixth for Indian. more than one sixth part, as formerly; and that every Miller exceeding herein shall undergo such Fine and Penalty as is imposed by a former Act made at James City, the 23d. of October, 1666. II. An Act permitting the Exportation of Wool Hides, and Iron. Vide Act 12. Anno 1680. III. An Act for moderating the Rates of Liquors. Vide Act 10. Anno 1676/7 IU. An Act providing how Negroes belonging to Orphans of Intestates shall be disposed of. WHereas in the former Act concerning the Estates of Persons dying Intestate, It is Provided, That Sheep, Horses, and Cattle, should be delivered in kind to the Orphans, when they come of Age according to the several Ages the said Cattle, were of when the Guardian took them into his possession, to which some have desired that Negroes might be added, this Assembly considering the difficulty of procuring Negroes in kind, as also the Value and Hazard of their Lives, have doubted whether any sufficient men would be found, who would engage themselves to deliver Negroes of equal ages, if the specifical Negroes should die, or become by age or accident inserviceable; be it therefore Enacted and Ordained by this Grand Assembly, The Disposal of Negroes belonging to Orphans, referred to the County-Courts and the Authority thereof, That the consideration of this be referred to the County-Courts, who are hereby Authorized, and impowered either to cause such Negroes to be duly apprized, sold at an Outcry, or preserved in kind, as they shall find it most expedient for the preservation, Improvement, or advancement, of the Estate and Interest of such Orphans. V An Act Repealing the Act making it death for Indians coming into Henrico-County. WHereas the Burgesses for the County of Henrico have showed several inconveniencies and hazards, that may happen, by the liberty granted to the English, to kill any Indian coming within the bounds of that County, Indians permitted to come into Henrico-County. which this Assembly taking into consideration, have Enacted, and it is hereby Enacted and Ordained by the Authority thereof, that the said Act be Repealed; and the Indians permitted to come into the said County as well as others, about their lawful occasions, Provided they be not where entertained but by Licence legally obtained from the Right Honourable the Governor, as in other places. VI An Act concerning Sheriffs Fees for Arrests. WHereas Complaints have been made that some Sheriff's extorted greater Fees for Arrests than were allowed by Law, viz. Twenty Pounds of Tobacco for commitment and Releasement, whether the person were Imprisoned or not, It is Enacted and Declared by this Grand Assembly, That the just Fee for an Arrest is Ten Pounds of Tobacco, for the Bond Five Pounds of Tobacco, The Fee due to the Sheriff for an Arrest. and not any thing for Commitment, or Releasement, unless the Person were actually put in Prison. VII. An Act for Naturalisation, Vide Act II. Anno 1680. At a Grand Assembly held at JAMES CITY, the Four and Twentieth of September, Anno 1672. I. An Act for the defence of the Country. Whereas for the necessary Defence of this Country, and Security of the Ships and Vessels trading thereto; It hath been Enacted, that sundry Forts should be built in convenient places, upon the Rivers, which accordingly have been effected, but forasmuch as the Materials wherewith the said Forts were built were not sufficient nor lasting, some have suffered utter Demolishment, some very ruinous, and some with some small charge are capable of Reparation; This Grand Assembly taking the same into their serious consideration, and desirous as much as in them lies, to provide for the safety of this his Majesty's Country, so far forth as the present Capacity thereof will admit; Hath thought fit to enact, and it is hereby Enacted and ordained, Forts ruinated and demolished shall be built anew, or repaired with Brick. by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof, that the Forts on all the Rivers be built substantially with Brick in all such places, where the Demolishment, or ruin of the former forts shall require to be built anew, and that those Forts that are capable of being repaired, shall also be done with Brick, in all such places where the demolishment or Ruin of the former Forts shall require; and that the Commissioners of the Respective Associations do take care that this Act be put into speedy and Effectual Execution, and whereas the Moneys rising from the Fort-Duties, have been designed to remain in Stock for the use of the Respective Forts, which at present is not sufficient to defray this charge of building and repairing; Be it further enacted by the Authority aforesaid, that it shall and may be Lawful for the Commissioners of each Association, and they are hereby fully authorized and Impowered to Assess, How Levies are to be made for effecting it. and Levy so much Tobaccoes in their Respective Counties, as shall be wanting and needful for the building and repairing of their Respective Forts as aforesaid, and whereas the Act of 1667 hath provided for the Mannagement and Command of the Forts; It is hereby further enacted by the Authority aforesaid, that this additional be thereunto made; viz. That upon all Alarms or sudden Invasions, or Occasions in the absence of the Major Generals, the next Colonel or adjacent Commander to any Fort, shall draw down of his Regiment his or their Company or Companies sufficient for the defence thereof, till further order of the Superior Officers; And forasmuch as against all times of danger, it ought to be the care of all men to provide that their Arms and Habiliments of war be always kept fixed and fit for Service, and that Armourers and Smiths may be encouraged to work; It is also enacted by the Authority aforesaid, The Rates of Smiths, Armourers, etc. to be ascertained. that the Commissioners of the Respective Associations, shall and do Ascertain the Rates for the work of Armourers and Smiths and such Artificers. And for the prevention of the great trouble that usually accrues to Artificers in Collecting several small Parcels in payment for work done, that the said Artificers shall take from under the hands of those for whom they work, and return the same to the Commissioners aforesaid, which accounts by them shall also be returned, Rated into their Respective County Courts, when the Levy is laid, the Artificers to be paid entire by the Counties, and the Counties Reimbursed The said Artificers to be paid by the Counties, and the Counties to be Reinbursed. by the Person for whom the work was done, And that the said Artificers may not delay people which repair to them with their Arms, be strictly enjoined under a Fine to be imposed by the said Commissioners, to lay aside all other works to go about this of Arms. And whereas it hath been a frequent and evil practice of many men upon sight of Ships or Vessels newly arriving, to go on Board, not knowing whether they be Friends or enemies, by means whereof opportunity hath been given and taken by the Enemies, to obtain intelligence to the great prejudice of the Country, for prevention whereof for the future; Be it Enacted by the Authority aforesaid, That it shall not be lawful for any Cannooe-Boat or Sloop to go on Board any Ship or Vessel, that shall arrive into any part of Virginia, before the said Ship or Vessel send on shore, No Boat to go on Board a Ship newly arrived, before the said Vessel send on shore. and thereby are known what they are. And if any shall offend in this kind, each Cannooe or Boat shall be amerced 400. Pounds of Tobacco, and Cask, and Sloope One Thousand Pounds of Tobacco and Cask to be recovered by Action of Law, One Moiety to the use of the County, where the Offence shall be Committed, and the other Moiety to the Informer; But if Servants only have the Rule of the Cannooe-Boat or Sloop, they to receive corporal punishment of Forty Lashes, but redeemeable by the Fine aforesaid, provided always that this Clause of the present Act for preventing intelligence to the Enemy, do and shall continue in Force during times of War and no longer. II. An Additional Act concerning Orphans Estates. WHereas the sixty sixth Act of the Grand Assembly, Holden at James City the 23d. of March, 1661. hath laid down several Rules unto the County-Courts, for the management and securing the Estates of Orphans. Now for as much as it hath been manifested to this Assembly, that some Courts have endeavoured to dispose of some Estate of Orphans according to the Act have not found any persons willing to take and secure them in manner and form as that Law requires. This Grand Assembly taking the same into their Consideration, and desiring that such an expedient might be provided, That in such Cases neither the Courts nor the Orphans may be prejudiced, have thought fit that an Additional Act be made thereto. Be it therefore Enacted, By the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof; That it shall, and may be lawful for the County-Courts, County-Courts Authorized to dispose of Orphan's Estates. to dispose of Orphan's Estates according to the best of their judgement and advantage of the Orphans. In such Cases where the said Courts cannot find persons, will take Orphans Estates according to the afore Recited Act. III. An Act concerning Tytheables born in the Country. FOr the better discovery of what persons born in this Country, are and aught to be accounted Tytheables, and the ages of the younger sort the better known. Be it Enacted by the Governor, Council and Burgesses of this Grand Assembly, and by the Authority thereof; persons appointed by the County-Courts shall take Lists of Tytheables. That all persons who are appointed by the County-Courts, to take the Lists of Tytheables each County shall take an account of all Negro Mulatto, and Indian Children within their several Precincts. And the Masters or Owners of such Children, are to make appear upon Oath or Evidence the ages of them. And that all Negro and Mulatto Children and Slaves that shall be born in this Country, The Births of Negro and Muletto Children and Slaves born in Virginia shall be Registered shall by their Respective Masters or Owners within Twelve Months after their Births, be Registered in the Parish Register with their exact Ages. And in default thereof, the said Master or Owner shall pay Leavy for them for that year, and so yearly till such Register be made. And it is further Enacted by the Authority aforesaid, That all Negro Women born in this Country, shall be accounted Titheables at sixteen years of age. iv An Act limiting how long accounts shall be Pleadable. FOr the prevention and avoiding of many Suits and Controversies, it hath seemed Convenient to this Grand Assembly, to limit a time beyond which accounts may not be pleadable, for as much also as there is a Law, which admits no Bills pleadable after five years; Be it therefore Enacted and Ordained, and it is hereby Enacted and Ordained by the Governor, Accounts shall not be pleadable after three years by persons living in this Country Council and Burgesses of this Grand Assembly, and by the Authority thereof, that accounts shall not be pleadable after three years by any person living in this Country. And not after five years by any person, that shall lay claim by accounts out of this Country this Act not relating any thing to the Act concerning accounts against dead men's Estates. V An Act concerning Servants Sold for the custom. WHereas it hath been the Practice of divers Servants, who have been sold for the custom of the Country after the departure of the Ship wherein they arrive; And Persons who sold them to produce or pretend Indentures for shorter time: Whereupon disputes have frequently arisen between the said Servants and their Masters for Prevention whereof for the future: be it Enacted, by the Governor Council and Burgesses of this Grand Assembly, and the Authority thereof; that every Servant who comes Inpresumable without Indenture, and so sold for the Custom, shall by his Master be brought before some Justice of the Peace, to declare whether he hath any Indenture, and if the Servant shall allege he hath, Indentures to be produced. but cannot as then produce it, the said Justice shall in the Case Assign him one months' time, within which if the said Servant fail to produce it, he shall be barred from his Claim; by reason of any pretended Indenture whatsoever. VI An Act concerning Masters of Ships and Collectors, Vide Act the third, Anno 1680. VII. An Act for Suppressing of Vagabonds and disposing of poor children to Trades. WHereas some wholesome Laws and Statutes have by the Wisdom of several Parliaments of England been made and are in force; as well for the Suppression of Vagrant and Idle Persons as setting the poor on work, The neglect of which Laws amongst us hath encouraged and much increased the number of Vagabonds, idle and desolute Persons; Be it Enacted, and it is hereby Enacted and ordained, by the Governor Council and Burgesses of this Grand Assembly and the Authority thereof, that the Justices of peace in every County do put the Laws of England against Vagrant Idle and desolate Persons, The Laws of England shall be put in Execution against Idle and vagrant Persons. into strict Execution; And that the Respective County-Courts shall and hereby are authorized and Impowered to place out all Children, whose Parents are not able to bring them up Apprentices to Trades; Poor Children to be provided for. The Males till one and twenty years of Age, and the Females to other necessary Employments until eighteen years of Age and no longer, and the Church wardens of every Parish shall be strictly enjoined by the Courts to give an account annually at their Orphan's Courts, of all such children, within their Parish as they judge to be within the said Capacity. VIII. An Act for the apprehension and Suppression of Runaway Negroes and Slaves. FOrasmuch as it hath been manifested to this Grand Assembly, that many Negroes have been and still are out in Rebellion in sundry parts of this Country, and that no means have been found for the Apprehension and Suppression of them; from whence many mischiefs of very dangerous consequence may arise to the Country if either other Negroes Indians or Servants should happen to fly forth, and join with them, for the Prevention whereof; Be it Enacted by the Governor Council and Burgesses of this Grand Assembly, and the Authority thereof, that if any Negro Mulatto, Indian Slave or Servant, for life runaway, and shall be pursued by Hue and Cry: Runaway Negooes and Slaves shall be pursued by Hue and Cry. It shall and may be Lawful for any Person who shall endeavour to take them upon the Resistance of such Negro Mulatto, Indian Slave or Servant for life, to kill or wound him or them so Resisting, Provided always, and it is the true intent and meaning thereof: That such Negro Mulatto, Indian Slave or Servant for life be named and described in the Hue and cry, Runaway Negro Mulatto Indians Slaves or Servants for life resisting may be killed. which is also to be signed by the Master or owner of the said Runaway: And if it happen that such Negro Mulatto, Indian Slave, or Servant for life, do die of any wound in such their Resistance obtained: The Master or owner of such, shall receive Satisfaction from the Public, The Master shall receive Satisfaction from the Public. for his Negro Mulatto, Indian Slave, or Servant for life, so killed or dying of such wounds, and the Persons who shall kill or wound by virtue of any such Hue and cry, any such so resisting in manner as aforesaid shall not be questioned for the same, he forthwith giving notice thereof, and returning the Hue and cry, or warrant to the Master or owner of him or them so killed or wounded, or to the next Justice of the Peace: And it is further Enacted by the Authority aforesaid, At what rates such Negroes and Slaves shall be valued. that all such Negroes and Slaves shall be valued at four thousand five hundred Pounds of Tobacco and cask a piece, and Indians at three thousand pounds of Tobacco and cask, and further if it shall happen that any Negro Mulatto, Indian Slave, or Servant for Life in such their Resistance, to receive any wound whereof they may not happen to die; but shall lie any considerable time sick or disabled; Then also the Master or owner of the same so sick or disabled, shall receive from the public a Reasonable Satisfaction for such damages as they shall make appear they have sustained thereby at the County-court. Who shall thereupon grant the Master or owner a Certificate to the next Assembly of what damages they shall make appear. The Neighbour Indians required to seize Runaways and bring them before some Justice of the Peace. And it is further Enacted, that the Neighbour Indians do, and they are hereby required and enjoined to seize all Runaways whatsoever that shall happen to come amongst them, and to bring them before some Justice of the Peace, who upon the Receipt of such servant or servants, slave or slaves from the Indians shall pay unto the said Indian or Indians for a Recompense for each twenty Arms length of Rhoanoke or the value thereof, The Recompense allowed for so doing. as the Indian shall like of, for which the said Justice of the Peace shall receive from the public two hundred and fifty pounds of Tobacco, and the said Justice is to proceed in conveying the runaway to his Master according to the Law, How long this Act shall continue in Force in such cases already provided this act to continue in force until the next assembly, and no longer unless than it be thought fit to continue it. IX. An Act concerning Swamps and Marshes. WHereas several Inconveniencies may arise to many of the Inhabitants of this Country, who have Lands adjoining to Swamps Marshes and sunken Lands unpattented, If any others who are disjoined from the same may be admitted presently to take up and Patent them. This Grand Assembly taking the same into their Consideration, and being willing that men's very Conveniencies be preserved unto them, from which in this case they need not departed but by their own default have Enacted and ordained, and it is by the Governor Council and Burgesses of this Grand Assembly and the Authority thereof, enacted and ordained; That it shall not be lawful for any Person whatsoever to take up any Marshes swamps or sunken Lands adjoining to any man's Land, who may take up Swamps, Marshes or sunken Lands. but shall first give notice to the Owner or owners of the Land to which it adjoineth, who shall have one years' time to resolve whether he or they will take up the same or no, and in Case at the Expiration of that term the owner or owners of the Land adjoining to the said Land Marsh or Swain shall then refuse to survey and Patent the same. The method to be followed in that case. It shall then be lawful for the first person who gave notice as aforesaid to survey and Patent the same to Law. X. An Act declaring men's Notes how far pleadable against their Estates if dead. WHereas it hath been Controverted whether Notes, charged on persons by a Man in his life time are pleadable after his decease for Determination whereof, Notes pleadable after Decease of the Party. the Governor, Council and Burgesses of this Grand Assembly, have Enacted and Ordained, and by the Authority aforesaid, It is Enacted and Ordained, That all such Notes shall be pleadable if by Comparing of hands or otherwise it shall appear to have been the Act of the Decedent, A proviso in that Case. and the person who claimeth make Oath of the Justice thereof; And that he hath not received satisfaction for the same, or any part thereof. Provided always it be sued for within Twelve Months after the Parties decease, and within three years at most after the Date of this Act. At a Grand Assembly held at JAMES CITY, the 20th Day of October, Anno 1673 I. An Act for the Establishing the Dowers of Widows. Whereas many Doubts have arisen concerning the Estates of persons dying intestate, and of what part thereof ought to, appertain to the Widow, for the Clearing whereof, Be it Enacted by the Governor, Council and Burgesses of this Grand Assembly, Intestate Estates. and the Authority thereof, that where persons die intestate, the Widow shall be endowed with the third part of the real Estate to be equally divided as to Housing Fenced Grounds, Orchards, Widows shall be endowed with the third part of Estate Real. Woods and other valuable Conveniences during her natural life. And the third part of the Estate personal, if there be but one or two Children; But if there be any number of Children more how many soever in that Case, the personal Estate to be divided amongst the widow and all her Children, The provision for Children in such Cases. share and share alike. And in Case the Husband make Will, that he hath it in his power to devise more to his wife than is above determined, but not less. II. An Act providing for the supply of Arms and Ammunition. FOr the better supply of the Country with Arms and Ammunition, Be it Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof, Captains of Foot and Horse to take an account of what Arms and Ammunition are wanting. that the Captains of Foot and Horse in each County do take a strict and particular account of what Arms and Ammunition are wanting in their several Companies and Troops, and represent the same to their Respective Colonels at the next Countie-Court, after January next; But if there be not any Colonel of Horse within their County, than the Captain of Horse to represent the said wants immediately to the Countie-Courts, unto which Courts at the next Sessions following, the Colonels aforesaid are by this Ast enjoined to return and represent the wants of the Militia in their said Counties, as they shall receive the same from their subordinate Officers aforesaid, an Acconut thereof shall be given to the County-Courts. and if any Captain of a Foot Company or Horse, or Colonel of any Regiment shall fail, to perform his or their duty herein, shall be fined namely every Captain One Thousand Pounds of Tobacco; And Colonel Two Thousand Pounds of Tobacco; Officers neglecting their duty therein to be Fined. And be it further Enacted by the Authority aforesaid, That the particular Countie-Courts be impowered upon their Respective Counties, to raise and lay a Levy for the providing of Arms and Ammunition for supplying the wants aforesaid, That is to say, Muskets and Swords for the Foot, and Pistols, Swords & Carabines for Horse; And also for every Listed Soldier at the least Two Pounds of Powder, Levies to be raised by County-Courts for providing of Ammunition in their Respective Counties. and six pounds of Shot. The said Arms and Ammunition by the Courts, provided, as aforesaid to remain in the hands of the Officers of the Militia, for them to distribute the same as there shall be occasion, and that those to whom distribution of Arms and Ammunition shall be made do pay for the same at a Reasonable Rate, What Ammunition shall be provided. to be Collected by the Sheriff or Collector as in Case of Levies and public deuce to the use, and towards the Reimbursement of the Counties. And if any Court or Courts shall fail in their duties to provide within one year after such presentment made by the Officers of the Militia aforesaid of their wants aforesaid for the full supplying thereof in manner aforesaid, they shall be fined ten Thousand Pounds of Tobacco to be paid as also the other Fines imposed by this Act to the use of the Respective Counties, and that the Burgesses of the several Counties be required, and are hereby enjoined to give an account unto the Assembly how this Act is put into Execution. III. An Act for the better putting into execution the Act for Processions. Whereas it hath been Represented to this Assembly that the Act for Processions hath been hindered to be put in Execution for that the ascertaining the Bounds of Orphan's Land is not thereby provided for, Processions shall be continued. Be it therefore Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the Authority of the same, that the Lands of the Orphans be also Comprised in that Act that is to say, The Bounds of Orphan's Lands, to be laid forth and by whom. when difference shall happen to arise concerning the Bounds of Orphan's Lands, and that the said differences cannot otherwise be determined, nor the bounds of the adjacent Lands discovered, that then such Orphan's Lands be laid forth by two honest able Surveyors in presence of the Neighbourhood, and two such men as shall be appointed by the Countie-Courts, on the behalf of the Orphan and the charge thereby accrueing, sustained in manner following, viz. The Orphan to pay one half of the Survey of his own Land, and the Owner or Owners of the Land adjacent whose bounds are thereby also ascertained the other half and the whole charge of surveying his or their Lands. iv An Act for the Advancement of the Manufactory of Flax and Hemp. FOrasmuch as it much conduceth to the well being of any Country that the necessities thereof be supplied from their own Industry within themselves; And that the less they have occasion for from abroad the less will be depending on foreign supplies, whereof the Calamity of Way and other Accidents may prevent them. And whereas this Assembly having taken into their Consideration the low and contemptible price, we are allowed for our Tobaccoes occasioned chief by the great quantities yearly made, Provision made for the Manufacture of Flax and Hemp. have thought fit if it may be to abate that quantity by advancing the more useful and necessary Manufactory of Flax and Hemp; And in order thereunto have Enacted and Ordained, And it is by the Governor Council and Burgesses of this Grand Assembly, and by the authority of the same, Enacted and Ordained; That the Respective County-courts within this colony do at the cost and charge of their Counties at or before the twentieth day of October, which shall be in the year 1675. procure one quart of Flax seed, One quart of Flaxseed and the like quantity of Hempseed shall be distributed to every tythable Person in each County. and one quart of Hemp seed for every tythable Person within their Counties and the same cause to be distributed among the Inhabitants, and that the courts failing to procure the said Flax seed or Hemp seed, and thereof to make Distribution in manner as aforesaid; be fined five thousand pounds of Tobacco: And be it further Enacted by the Authority aforesaid, that every tythable within this Country the next year after the Distribution do make or cause to be made one pound of dressed Flax, and one pound of dressed Hemp, or two pounds of either, and so yearly and every year under the Penalty of sixty pounds of Tobacco, One Pound of Dressed Flax or Hemp to be yearly delivered, for every quart of seed for every pound of Flax or Hemp neglected to be made as aforesaid, The same to be made by such Master owner or overseer of any Family or Company of Servants, or any other tythable that shall be found defficient in the Premises, and for the better discovery of such neglect and difficiency, that all Master's owners or overseers who have the charge of Families, Companies of Servants and other tythables at the time of laying the Levies in their Counties, do produce u●●o those Persons who are appointed to take the lists of tythables in each county the said quantity of Flax or Hemp, or either of them by this act enjoined to be made, and the same delivered upon oath that it is of his or their own growth. V An Act concerning Tradesmen and other Artificers to pay Levies. FOr Explication of the Laws which have seemed to Exempt Artificers, etc. from paying Levies: Be it Enacted by the Governor Council and Burgesses of this Grand Assembly, and by the Authority thereof, All Merchants Tradesmen & Artificers, above the age of 16 shall pay Levies. that no Tradesmen Merchants, nor any Artificers whatever above the age of sixteen years be exempted for the future from payment of Levies, any Act Custom, or usuage to the contrary notwithstanding. At a Grand Assembly held at JAMES CITY, the Twenty first of September, Anno 1674. I. An Act for an Address and Supplication to be made to the Kings most excellent Majesty. An Act for an Address and Supplication to his Majesty. WHereas this Grand Assembly are deeply sensible of the many and grievous Pressures that are daily growing, and still likely to grow, and be imposed upon the Inhabitants of this his Majesty's Colony of Virginia by certain Lords Pattentees who under Colour and pretence of promoting the good of the Colony, and augmenting his Majesty's Revenues, have obtained certain Letters, Patents, and grants derogating and in prejudice of many Royal Concessions and grants from time to time, granted by his Majesty and his royal. Progenitors, in favour to this Colony all which may be justly feared, the said Lords by their Deputies and Ministers will endeavour to make void, and of none effect by imposing new rents and Services altering the form of our Tennors', compelling us to new Surveys and new Patents, imposing fines and Compositions on Surplusage Lands and Lapses at their will and pleasure by Nominating of Sheriffs, Escheators Surveyors, and other Officers and in effect divesting the Government of those just Powers and Authority by which this Colony hath hitherto been kept in Peace and Tranquillity, and all men's rights and Properties preserved unto them, and whereas the said Grand Assembly on great Deliberation have considered by what convenient ways and means those Aggrievances might be removed, how our Liberties Privileges, immunities, rights and Properties might be had, made and established to us and our Posterity, have thought fit that an humble Address and Supplication be made to his Sacred Majesty by this Grand Assembly in the name of this his Majesty's most Loyal Colony; setting forth as well by what Legal Grants and Concessions his Majesty and his Royal Progenitors have from time to time been graciously pleased to indulge this Colony the grievous Pressures likely to grow on us, by reason of the late Grants to the Lords; That his Majesty would graciously please to Revoke the said Grants to the Lords, and for securing us from our fears in time to come, of being removed from his Majesty's immediate Protection, To confirm our Liberties, Privileges, Immunities, rights and Properties as aforesaid by his Majesty's Royal Charter, & that certain Gentlemen in whose honour integrity & Care for promoting the good of this Country; this Grand Assembly have a just Confidence, be desired to Address themselves to his Majesty in the name of the Grand Assembly and Negotiate in England all other public affairs of this Country, and because it is manifest that a work of this Nature is not to be undertaken nor effectually prosecuted without money, and that we be not imprudently wanting to ourselves, in a matter of so great Importance this Grand Assembly have thought fit that a sum of Money be raised of and from the Inhabitants of this Country, to be used and Employed towards the Accomplishment of the ends and Purposes aforesaid; Be it therefore Enacted by the Governor Council and Burgesses of this Grand Assembly, and the Authority thereof, that fifty pounds of Tobacco besides Cask and Salary be Levied from every tythable person within this Colony this present year, Levies to be made for carrying on the same. and fifty pounds of Tobacco besides cask and Salary the next year, and that this be disposed to several Undertakers at the rate of Eight Shillings per Cent. for producing Money as aforesaid, and Accomplishing the ends and Purposes aforesaid, in manner and Form following, viz. The Fifty pounds of Tobacco to be Levied this present year in the Counties of York, New-Kent, Gloucester and Middlesex, be paid to the several Undertakers of those Counties, at eight Shillings per Cent, How to be raised. by the Sheriff or Collectors of those Respective Counties; They paying double the money this present year, That Fifty pounds of Tobacco per Poll, doth amount to at Eight Shillings per Cent. and to accept of their full Compensation of their present disbursments, Fifty pounds of Tobacco per Poll. of the same Counties aforesaid, the next year, and that the Undertakers for the rest of the Counties in Virginia pay no more money than Fifty pounds of Tobacco doth amount to, at Eight Shilling per Cent. this present year to be paid them by the Sheriffs or Collectors of those Counties aforesaid, and the like sum of money next year upon payment made to them of fifty pounds of Tobacco per Poll. and ordered them to be Levied, and that all Sheriffs and Collectors who have the charge of those Payments to the Undertakers, be and are hereby strictly required to cause Payment to be made of the best Tobaccoes, and as convenient as may be: Provided always, that if no Undertakers do present themselves for any of those remaining Counties, that then the Respective County-courts are hereby required and commanded to Ship the Tobaccoes within the Counties for England, and consign it to sufficient Merchants, and to cause the neat produce of it to be paid unto Mr. Secretary Ludwel and Colonel Daniel Park, for the Account of the Grand Assembly of Virginia: And be it further Enacted by the Authority aforesaid, that the money which shall be found due on the balance of the Account of the two Shillings per Hogshead, be also remitted into England, to the Order of the Grand Assembly as aforesaid, And whereas this Grand Assembly are also sensible by the lowness of the public Revenue, that money may yet be wanting for the advance and carrying on this most necessary work; Be it also further Enacted, by this Grand Assembly and the Authority thereof, that seventy pounds of Tobacco per cause in the general Courts, and fifty pounds of Tobacco per cause in the County-courts shall be amerced in the name of the Penalty, upon every Person that shall be cast in any suit except in Action of debt, in which if any be cast, he or they so cast as aforesaid, shall be Amerced in the general court Fifty pounds of Tobacco, if in the County-court thirty pounds of Tobacco, and in case of appeals double, Provided nevertheless that all causes of Orphans be out of this clause of amercements utterly excused and foreprized, and be it further Enacted by the authority aforesaid, that the clerks of the county courts give account of the said amercements also of all lines arising on Penal Laws at the raising of the Levy, when the courts are to deliver them to the Sheriffs, and the Sheriffs be, and hereby are authorized and enjoined to collect and distrain for the same, as in case of Levies, and the courts are hereby authorized and impowered to dispose of the Tobaccoes to the best advantage of the country, and be accountable to the Grand Assembly for the Uses aforesaid, and that this clause of amercements be of force the next court after Publication hereof in each county, and so remain until the next Assembly, and no longer, unless it be thought fit to continue it. II. An Act Ascertaining allowances for evidences summoned to the General Court. WHereas it hath been Considered that the allowance which the Law hath formerly given to witnesses who are often summoned from remote places, to give in evidence at the General Courts, is too little. thirty pound of Tobacco per diem allowed to witnesses that come 20 miles, and upwards to James City, & 60. pound per diem during their attendance there. As also for their attendance and expense in town; Be it enacted by the Governor, Council, and Burgesses, of this Grand Assembly, and by the Authority thereof, that thirty pounds of Tobacco per diem be paid to such witnesses as come to James City twenty miles and upwards; and that all witnesses have sixty pounds of Tobacco per diem for their expenses the time of their attendance there. III. An Act prohibitting the Justices of the several County-Courts, for Levying Tobaccoes upon the People for their accommodations and expenses whilst they are keeping Court. WHereas it hath been Complained of, to this Grand Assembly, that it hath been the frequent practices of some of the Justices of the several County-Courts of this Country at the time of Laying their Levy to assess upon the People of their respective Counties, certain sums of Tobacco for the paying and Satisfying their expenses and accommodations whilst they are holding Courts, and attending thereupon, which practice is by the Grand Assembly adjudged illegal, be it therefore enacted by the Governor, Council, and Burgesses, of this Grand Assembly, and by the Authority thereof, That no County from henceforth pay or allow for accommodation of the Justices, at their County-Courts, any Order usuage or Custom to the contrary notwithstanding. iv An Act Commanding such Indians who keep Hogs to mark the same. WHereas Complaint hath been made that divers the Inhabitants of this Country have received mischief by the Indians in their Stock of Hogs, against whom rarely any Legal proof can be produced to discover and Convict them; Be it therefore enacted by the Governor, Council, and Burgesses, of his Grand Assembly, and the Authority thereof that Indian proof as well as other legal proof shall from henceforth be good against all such Indians to Convict them on the Act against Hogs stealing; The Hogs of Indians shall be marked with a Particular mark signifying to what Town they belong. And that those of the Indians who keep Hogs, do and hereby are enjoined and required to give such a particular mark for that town where they live, as shall be appointed by the adjacent Counties. V An Act Impowering Feem Coverts to make good acknowledgement of Sales of Land. WHereas the Legal way in England in passing Estates where the Inheritance in a Feem Covert Is by way of fine and recovery. And it being the usual way in this Country for many years, we having no fines and recoveries, that Sales have been made by the Husband and wife of the Inheritance, of the wife by Conveyance, from them and the said Conveyance acknowledged in the General or County-Courts, by the Husband and wife; The Wife being first privately examined by the Court whether she acknowledgeth the same freely, but there being no Act of Assembly to Authorise the same; Be it therefore enacted by the Governor, Council, and Burgesses, of this Grand Assembly and by the Authority thereof; that all such Sales and acknowledgements, All Sales and acknowledgements that are made by Husband and wife to stand good in Law. That by Husband and Wife have at any time heretofore been made in manner and form as aforesaid, or shall hereafter be made shall be good and effectual against the said Husband and Wife, their and every of their heirs and Assigns. And against all other Persons Claiming by from or under them or any of them; and that to all Intents and purposes: As if the same had been done by fine or Recovery or by any other ways whatsoever. At a Grand Assembly held at JAMES CITY, the 7th Day of March, Anno 1675/6. I. An Act for the Safeguard and defence of the Country against the Indians, Vide Act the1.. Anno 1679. II. An Act prohibitting trade with Indians Vide Act the 3 d. Anno 1677. and Act 8. Anno 1680. III. An Act prohibitting the exportation of Corn, etc. WHereas the Countries preparation for war in all likelihood may cause a more than ordinary expense of Provisions; It is therefore thought fit it be enacted, and it is by the Governor, Council, and Burgesses, of this Grand Assembly, and Authority thereof, enacted and Ordained that no Corn or other Provision from and after the fifth day of April next shall be exported out of this Colony under the penalty of two hundred pounds of Tobacco for every Barrel of Corn, No Corn shall be exported under penalty of paying 200. pound of Tobacco, for every Barrel thereof and twice the price of other Provisions. and double the price of any other provision, to be paid by the party exporting it. Provided nevertheless that it shall and may be Lawful, for those who have already loaden any Corn or Provisions on board, and have purchased others to lad the same within the time afore limited, but not afterwards, and the same so laden to export without Impeachment, any thing in this Act to the Contrary notwithstanding. And it is further enacted, The term this Act shall continue in force. That this restraint Continue till the last day of July next, and no longer, unless the honourable Governor think fit to Continue the Restraint. At a Grand Assembly held at JAMES CITY, the fifth of June, Anno 1676. ALL the Acts and Orders of this Assembly are Repealed, made Void and Null by His most Sacred Majesty's Instructions and Proclamation; And also by the fourth Act of Assembly, bearing date at Green-Spring the twentieth of February, Anno 1676/7. At a Grand Assembly begun at Green-Spring, the Twentieth of February, Anno 1676/7. . I An Act of Indemnity and free Pardon, Repealed by his Excellency's Proclamation, Anno 1680. II. An Act of Attainder, Repealed by his Excellency's Proclamation, Anno 1680. III. An Act inflicting Pains, Penalties and Fines upon great Offenders, Repealed by his Excellency's Proclamation, Anno 1680. iv An Act Declaring all the Acts, Orders, and Proceed of a Grand Assembly held at James City in the Month of June, 1676. Void, Null, and Repealed. WHereas Nathaniel Bacon the younger in the Month of June, 1676. Whilst the Governor, Council and Burgesses were met and Convened together at a Grand Assembly, to Consult the great Concerns of the Country, did enter James City in a Rebellious manner, with a considerable number of Armed Men, to the number of six hundred, or thereabouts, All Acts of Assembly made during the Rebellion raised by Bacon, Repealed. Environing and Besieging the Governor, Council and Burgesses, and offering force and violence to them, and every of them, threatening them with sudden death, if they would not grant his unreasonable, unlawful Rebellious and Treasonable Demands, and by his Threats and offered violence did obtain to himself whatsoever he so unlawfully demanded. And whereas the Kings Most Excellent Majesty, by his gracious Proclamation, and the Right Honourable the Governor by his Proclamation hath long since declared all the Proceed of the said Assembly to be void in Law; Be it therefore Enacted by this present Grand Assembly, and the Authority thereof, That all Acts, Orders, and Proceed of the said Grand Assembly be Repealed, and made void and Null. V An Act for Relief of such Loyal Persons as have suffered Loss by the late Rebels, Repealed by His Excellency's Proclamation, Anno 1680. Vide Act 1. 1680. VI An Act ascertaining the price of Cockquets. Whereas Complaint hath been made to this Assembly, that for times past, there hath been usually taken and received several and divers Sums of Money from the Inhabitants of, and Traders into this Colony, under the notion of Cockquet-money, in some places one penny per Hogshead, & in some places twelvepences for each Cockquet, or several Bill of Loading for Tobacco shipped, or divers and sundry marks in one Bill of loading; and that there hath hitherto been no Law or Act of Assembly for the same; Be it therefore Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof, and it is hereby Enacted, that from and after the publication hereof, One halfpenny Per Hogshead payable for all Bills of Loading not containing above Twenty Hogsheads. the Rate and Price for every Cockquet be as followeth, viz. One halfpenny per Hogshead for all such quantities and parcels as shall be contained in one Bill of loading or Entry, which shall not exceed the number of Twenty Hogsheads, and twelvepences for every Cockquet, for all such quantities as shall be contained in one Bill of loading or Entry which shall exceed the number of Twenty Hogsheads, In Bills of Loading exceeding that number 12 d. for every Cockquet. and no more shall be taken for each Cockquet although different marks shall be contained in one and the same Entry or Bill of loading. And be it further Enacted by this present Grand Assembly, and the Authority thereof, And it is hereby Enacted, that the Acts of Assembly, made in the year 1661/2. The Act made in the year 1666. and 1669. which allows the impost money of two shillings Per Hogshead to such Owners as dwell and reside in Virginia; A Repeal made of several Acts Relating to the payment of 2 s, per Hogshead Impost. be from henceforth Repealed, except only to such Owners of Ships or Vessels as already have been built, or hereafter shall be built in Virginia, and shall wholly belong bona fide to Owners residing in this Country; Provided always that such Ships as are now within the Capes, and are wholly belonging to Virginia-Owners, be for this present Voyage free from paying the said Impost of Two Shillings, according to the intent and meaning of the afore-recited Acts. And be it further Enacted, that for the time to come there be no Fees taken for Vessels or Ships built in this Colony, and belonging wholly to the Inhabitants of this Country, other than two shillings for Entry, what Fees are to be taken for Vessels built in this Colony, and belonging wholly to the Inhabitants thereof. two shillings and sixpence for Licence to Trade, two Shillings and for clearing, and two shillings and for the Bond. VII. An Act Limiting Masters dealing with their Servants. WHereas several Complaints are made that divers and sundry Masters of Servants during the time of several their Servant's servitude and more especially, some small time before the expiration of their service, do by indirect means make sundry and divers bargains and Agreements, to the Servants great Injury, hurt, and damage, who because of his Coverture is drawn in and often times necessitated to Comply with the avaricious tempers and unreasonable desires of such Masters; for the prevention whereof for the Future; Be it Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof, That from and after Publication hereof, it shall not be lawful for any Masters of Servants, to make any Bargain or Agreement with his Servant before the time of his first Service, by Indenture or Custom of the Country, is expired and fully ended, either for such Servants, Corn and Clothes, or otherways, No Master shall make any Bargain or Contract with his Servant before the full time of his service be expired, unless it be in the presence of, and with the approbation, of some Justice of the peace. except the same be made and Confirmed betwixt such Master and Servant bargaining and agreeing in the presence and with the approbation and good liking of some one or more Justices of the peace in the County where such Master resides, upon the penalty of forfeiting to such Servant, such time of service as shall be due to the Master, at the time of making such Bargain, otherways and in other manner than is herein set down by this Law, meant, and intended, and also all other advantages and agreements, contained, conditioned for, or included in such Bargain or Agreement, whatsoever. VIII. An Act Limiting times of Receipt and Payment of Public Tobacco. Whereas several persons have been and still are liable to be prejudiced by the Remissness of Sheriffs and Collectors of the Public, and County-Leavies, who often take advantageous times to demand and receive the public Deuce, and other Collections, for which they may in several Cases make seizure and distress; for prevention whereof for the future, Be it Enacted by this present Grand Assembly, and the Authority thereof; And it is hereby Enacted, That the 80th. Act of Assembly in the Printed Book of Acts, Limiting a certain time when Creditors shall demand their Debts, shall be interpreted and holden to extend to Sheriffs & other Collectors of the Public, & Countie-Leavies, and of all other Sheriffs and Clerks Fees; And also that all public Countie-Debtors and all Debtors of or for Sheriffs or Clerks Fees, may have the benefit and Liberty of the second Act of Assembly made in the year 1666. which admits of Tenders of Tobacco to the Creditors according to the full intent, meaning or purport thereof; And be it further Enacted by this Grand Assembly, and the Authority thereof, That in Case of Collecting the public or Countie-Dues or other Fees as aforesaid, any Sheriff or Collector shall at any time make seizure or distress of more Tobaccoes than is at that time due from the Debtor; That in all such Cases, A Regulation of Seizures made of Tobacco due to the Public the person seizing shall make immediate satisfaction to the party from whom they shall make such seizure, or otherways that he be allowed to take his Over-plus Tobaccoes out of the Hogshead so seized, and that no Sheriff or other public Collector shall or may from or after the publication of this Act presume to make seizure of any Hogshead of Tobacco before that time paid away and marked; And if there be at that time other Merchantable Tobaccoes ready in such Plantation where such seizure was made, and which shall be offered and tendered by the Debtor. And be it further Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof, And it is hereby Enacted, That the Justices holding Court, be by virtue of this Act for the time to come fully impowered to Commissionate and appoint the Respective Collector or Collectors of the public, and Countie-Levies. And whereas Complaint hath been made that sometimes one and the same person hath officiated at the same time in the Office of Justice, as Justice of the Peace, and Clerk of the Countie-Court. which hath been found inconvenient for the prevention whereof for the future; Be it Enacted by this present Grand Assembly, No person shall be Justice of the Peace or High Sheriff and Clerk of the County-Court at the same time. and the authority thereof, That no person whatsoever shall be capable at the same time of being a Justice of the Peace, and Clerk of the County-Court, or being at one and the same time High Sheriff of the County, and County-Court-Clerks and for the greater ease of the Inhabitants of this Country, Be it enacted by this present Grand Assembly, The County-Clerk may depute the High Sheriff or under-sheriff to enter Actions. and the authority thereof, And it is hereby enacted, that from and after the publication of this Act, it shall and may be lawful for the County-Court Clerk to depute the High Sheriff or Under-Sheriff of the County, to enter such actions as shall be brought to them or either of them; and that such Entry be held good in Law. And for the better guide of the County-Courts and more sure administration of Justice, be it enacted by this present Grand Assembly. and the authority thereof, That such of the Honourable Council of State as will please at any time to fit in any Court of Virginia shall and may have equal vote with every Justice of the Peace, of or belonging to the said Court; and that such Counsellor so sitting with the Court, be by the Clerk entered to sit there, Members of the Council of State, may sit in any Court in Virginia. and be equally liable and responsible with every other Justice of Peace for all such Acts or Orders of Court he shall at any time of such sitting with the Court, give Vote and assent to. And be it further enacted by this Grand Assembly, and the Authority thereof, No person not born in Virginia shall be capable of bearing any Office there, till they have dwelled three years in the Country, unless Commissionated by His Majesty. and it is hereby enacted, that no person whatsoever not born in this Country from and after the publication of this Act, shall be capable of bearing any Office within this Colony of Virginia, whether Civil or Military, unless Commissionated by his Most Sacred Majesty, before such person have been dwelling and residing three years in this Colony. And be it further enacted by the Governor, Council and Burgesses of this Grand Assembly, and the authority thereof, and it is hereby enacted, that all such persons as have been Convicted in England or elsewhere, & are either now Residing or shall hereafter come into this Country, Persons Convicted in England, shall be held uncapable of bearing Office in Virginia. be for ever uncapable of bearing any Office Civil or Military, within this his Majesty's Colony of Virginia. And be it further Enacted by this present Grand Assembly, and the Authority thereof, that whereas the 64th. Act in the printed book, doth empower the County-Courts to grant probates and administrations, which probates and administrations are usually signed by the Right Honourable the Governor, Any two Justices of the Quorum, may sign probates of Wills and Letters of administration which is not only burdensome to his Honour, but inconvenient to the Inhabitants, Be it Enacted, that from & after publication hereof, it shall and may be lawful for any two Justices of the Quorum in their Respective Counties, to sign such probates and letters of administration, and the same so signed shall be held and deemed good in Law, provided always that Certificates thereof be sent to Mr. Secretataries' Office, as is provided by the aforesaid Act of Assembly. IX. An Act Repealing the Act allowing free Tythables to divers Persons. Whereas by several Acts of Assembly it is provided, that every Respective Councillor, and ten of his Family, shall be free from paying any public or County-Levies, and also that every Minister and six Tythables for their attendance at James City in General Court-times, and times of Assembly, be free from paying Levies; which Laws are found unequal and inconvenient; Be it therefore Enacted by the Governor, Council, and Burgesses of this Grand Assembly, and the Authority thereof; And it is hereby Enacted, that all former Laws relating hereunto, be henceforth Repealed; and that instead thereof there be annually paid and allowed out of the Moneys arising upon the Impost of two Shillings per Hogshead to the Councillors attending General Courts and Assemblies, over and besides the two hundred and Fifty pounds Sterling according to several Acts and Orders of Assembly, usually heretofore paid them, one hundred pounds Sterling, which together with the said two hundred and fifty pounds Sterling, makes in the whole three hundred and fifty pounds Sterling; and that all the said three hundred and fifty pounds Sterling to be annually paid as aforesaid, Allowance to the Councillors attending at General Courts. shall be distributed and proportioned amongst the several Councillors attending at General Courts and Assemblies according to their Attendance at the same proportionably; which distribution and proportioning shall be annually made by the right honourable the Governor, and the several Councillors according to their attendance, more or less, at General Courts or Assemblies. And be it further Enacted by this Grand Assembly, and the Authority thereof, that there be annually paid out of the said Impost money to such Minister or Ministers, as by the Right Honourable the Governor shall be appointed, and shall attend at General Courts or Assemblies, five pounds Sterling for their attendance, Minister to have 5 pound allowed him for his Attendance on the General Court. for every General Court or Assembly they shall attend; and that no Person or Persons heretofore tythable by any Law. Custom or usuage, be from henceforth exempted from paying public or County-Levies, the Right Honourable the Governor and his Servants excepted, Who only are exempted from the payment of public or County-Levies the Single Persons of every one of the Council, and also all Ministers beneficed in this Country, and such Lame or Impotent Persons as either already are, or shall from time to time be ordered to be exempted out of the Lists, by the County-courts where they dwell. X. An Act Regulating Ordinaries, and the Prices of Liquors. Whereas the Multiplicity of Ordinaries in this Colony is found to be pernicious and hurtful to the Inhabitants; Be it therefore Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof, Not more than two Ordinaries in any one County, except in that where the General Court is held. and it is hereby Enacted, that from and after the Publication of this Act, there shall not be admitted, suffered or licenced, above two Ordinaries in any one County of this Colony at one time, except in that County where the general court shall be held; and that the power of granting Licences be in the Respective County courts, the Right Honourable the Governor being paid for such Licences according to former Laws in such cases; and that no Person be Licenced to keep Ordinaries, but such as are accountable, and will enter into sufficient bond to find and provide constantly for Travellers good Diet, Lodging and horsmeat, and will rate and sell their Provisions and Liquors according to the rates and prices hereafter set down, and allowed by this Law, upon such Penalties and Forfeitures as shall be therein provided and inflicted, which Penalties shall be and belong the one half to the person or persons who shall inform of and sue for the same, and the other half to the County wherein the same shall be forfeited. And be it Enacted by this Grand Assembly, and the Authority thereof, that all Ordinaries selling Liquors, do demand or take no more for Virginia Drams, Strong Beer or Ale, then is set down in the Act of Assembly, What prices shall be paid at Ordinaries for Liquors, Diet and Lodging. made in September 1671. that the rate for Cider and Perry, if boiled, be twenty pounds of Tobacco for one Gallon, and if Raw, eighteen pounds of Tobacco per Gallon; that the price of lodging be three pounds of Tobacco for one Night; that the price of Diet, where the general court of Assembly is held, be twelve pounds of Tobacco each meal for the Master, and eight pound for the Servant; and in all other Ordinaries in the Country's ten pounds of Tobacco each meal for the Master, and six pound for the Servant; that the rate of Horse-Pastorage be six pounds of Tobacco for one day and Night; and if housed, Horse-Pastorage, Hay and Oates. for straw and Hay eight pounds of Tobacco the day and night, and for Indian Corn after the rate of forty pounds of Tobacco per Bushel, and for Oats after the rate of sixty pounds of Tobacco per Bushel; and that all Ordinary-keepers be, and are hereby enjoined to secure all Horses that they have charge of, Justice's to appoint the prices of Liquors twice in the year. from running away and being stolen, upon the Penalty of paying the charge of finding the Horse or Horses, or paying for them if lost; and that the Justices of every Respective Court, within this Colony be enjoined in the Months of May and November, yearly to meet at their County-court-house, and assess and set the rates on all Liquors as are not herein mentioned, and rated according as the Market price than rules for such Liquors; and that no Ordinary-keeper presume to advance and take for such Liquors so by the Justices rated above Cent per Cent Profit, upon the Penalty and forfeit of Tenfold such Exactions, and over rates by them demanded or taken; and that all such Persons buying and Expending at Ordinaries, who shall at any time pay greater rates, then is hereby allowed and set down, forfeit and pay for every such Payment, or Obligation for Payment, Five fold the sum so overpaid, and that all those County-courts neglecting to meet and assess the Rates and Prices as aforesaid, be fined five thousand pounds of Tobacco and cask, all which fines shall come and belong the one half to the use of the County where such Forfeiture is made, the other half to him or them who shall inform of, or sue for the same. XI. An Act disposing Amerciaments upon cast Actions. WHereas by an Act of Assembly made in the year 1674. It was Enacted, that certain Amerciaments, therein set down, shall be paid upon Actions cast at Law, and that an account of such Amerciaments be returned to the Assembly to be by them disposed of; Be it therefore Enacted by this present Grand Assembly, and the authority thereof, and it is hereby Enacted, that the said Act be from henceforth Repealed, and that all Tobaccoes which have been received, and are become due by reason of the said Act of Assembly, Amerciaments upon Actions cast at Law, repealed. and Amerciaments be paid and disposed to the use of the Counties, where the same became due, towards the Defraying of that Countys-charge, and that the several Respective County-Courts inquire into the same, and dispose of them accordingly. XII. An Act concerning Servants who were out in Rebellion, Repealed by his Excellency's Proclamation, Anno 1680. XIII. An Act for the laying of Parish Levies. FOr the better and more equal laying of Parish Levies and deuce, be it Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the authority thereof, and it is hereby Enacted, that the Freeholders and House keepers, in each Respective County, shall and may after Publication hereof have Liberty to choose fix able discreet Housekeepers, or Freeholders to sit with the Vestry, and have their equal Votes, with the other Vestry men at the assessing the Parish Taxes, Six able housekeepers may assist the vestry in the assessing of Parish Taxes. and where the Parishes shall either refuse or neglect to choose such men, or being chosen they shall not appear and attend the time appointed, by the Vestry for assessing the same, having had Notice thereof by Publication at the Court or Parish Church, the Vestry to proceed without them, and that there be a day nominated and appointed annually in September, by the Eldest Justice in Commission in the Parish for such Election as aforesaid, and in case no one Justice shall reside in that Parish, than the day to be Nominated and appointed by the Judge of the Court. XIV. An Act Repealing the Act of Encouragement for kill Wolves. BE it Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof, that all Acts giving Encouragement for killing of Wolves be Repealed, Particular Counties Authorized to make by-Laws for the kill of Wolves. and that in place thereof, there be Liberty granted to each Respective County to make such By-Laws for Encouragement of kill Wolves, as they shall-think fit. XV. An Act giving Seven Years time to seat Frontier Lands. WHereas by reason of the late Murders commited by Barbarous Indians, which they continue daily to commit, and also by reason of the frequent Incursions, and the late destructions and troubles amongst us, very many of the Inhabitants of this Country, his Majesty's Liege People have been enforced to forsake their Plantations, and leave their Lands uninhabited, especially in the Frontier Counties; Be it therefore Enacted by this present Grand Assembly, and the Authority thereof; and it is hereby Enacted, that all Lands or Tracts of Land forsaken or uninhabited by reason of the Incursions of the Indians, and the late troubles and distractions amongst us, shall not lie desert by want of due Seating, and planting such Lands, in less time than seven years from the date of this Act. And that for the time to come, Frontier Counties to be planted and inhabited. seven years' time be allowed from the date of this Act, for the Seating and planting such Lands as are already taken up, and patented in the frontier Counties of this Colony. XVI. An Act Regulating Burgesses Expenses. WHereas by former Acts and Orders of Assembly, it is provided, Enacted and Ordered, that the Allowance to every respective Burgess for his necessary Expense and charge, attending at Assemblies, be for every day one hundred and Fifty pounds of Tobacco, over and besides the necessary charge and expenses of his coming to, and returning from the Assembly, and also the inavoidable cost and necessary charges of his waiting Servant and Horses, is complained of as grievous and burdensome to the people: This Assembly having taken the same into their serious consideration, Do enact, and Be it enacted by the Governor, Council, and Burgesses of this grand Assembly, and the authority thereof, and It is hereby enacted, That for the time to come, the allowance to each and every respective Burgess which shall attend at any Assembly hereafter to be called, be one hundred and twenty pound of Tobacco and Cask per day; and for such allowance to commence and begin two days before the first day of every Assembly, What Allowance Burgesses shall have during their attendance at the Grand Assembly. and two days after, for convenient time for every Burgess to return home. And to prevent the great charge and abuse that may accrue by Burgesses coming to Assemblies by Sloops and Boats, Be it enacted by this present Grand Assembly, and the authority thereof, and it is hereby enacted, That over and above the one hundred and twenty pounds of Tobacco per day, allowed to each Burgess for his expense, there be allowed for the charge of a Sloop, two men to sail the said Sloop, and their provisions, for the two Counties of Northampton and Accomack, sixty pounds of Tobacco per day, and no more; and that the charge of a Boat, two men to row, and their Provisions, bringing such Burgesses as can come none other way but by water, be thirty six pounds of Tobacco per day, and no more; and that the charge for Horse-hire for such Burgesses as come by land, be ten pounds of Tobacco per day, for each Horse so used; and that their unavoidable charge, and payments for passage by Ferry over the Rivers, in their coming to Assemblies, & returning home, be also allowed them. And be it further enacted by this present Grand Assembly, and the authority thereof; And it is hereby enacted that if emergent occasion shall require that an Assembly be called, before there are houses of entertainment built, that then those Burgesses that must of necessity come by water in sloopes, have the same allowance with the Eastern Shore, Burgesses and those other Burgesses who must necessitously use Boats to bring their Provisions and other necessaries, and that for the time to come no expense of Committees be allowed of, or brought to the public account. XVII. An Act for opening Courts of Judicature. Whereas by reason of the late horrid Rebellion all Courts of Judicature have been shut up, and the rightful and due course of Justice could not possibly be taken and administered: Be it therefore enacted by this present Grand Assembly, and the Authority thereof, that from and after the date of this Act, all Courts of Judicature may be opened; and that the Respective Justices of the several County-Courts do assemble themselves together, and hold Courts according to the Laws, and according to the usual manner, and Custom of the Country, at the usual places and days appointed by Law, or by them accustomed to be held, that Justice may again be freely exercised, and done in all cases where it shall be required. At a Grand Assembly begun at Middle-Plantation, October the Tenth, Anno 1677. I. An Act imposing Fines upon Delinquency of Grand Juries. FOr as much as the thirty eighth Act of Assembly in the Printed Laws, directing and commanding that Juries of Inquest be Impanelled and Sworn in every County, to the ends and purposes therein mentioned, is by reason there is no Fine set upon the Justice's neglecting to appoint and swear the same; Nor upon the Jurors not making due enquiry and Presentment according to the true intent and meaning thereof, become generally neglected and unexecuted; Be it Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof, and it is hereby enacted, Fines laid on Justices of Peace for neglecting to Impanel Grand-Juries. That the Justices of Peace of each County of Virginia, neglecting and omitting once every year before or upon the last day of April, to make Choice of and swear a Jury of Inquest, according to the true intent and meaning of the before Recited Law, shall be Fined for every such omission Two Thousand Pounds of Tobacco, the one half to the Informer, and the other half to the Counties use; And each Jury of Inquest not making appearance at the time appointed in the Law, or not making Inquest and Presentment according to the intent and meaning thereof, shall be Fined, each Juryman making such default, Two Hundred Pounds of Tobacco, the one half of which Fines to be paid to the Informer, and the other half to the use of the Counties for each such default whereof they shall be lawfully Convict. II. An Act Prohibitting private Compositions. FOr as much as very many Complaints have been made of the unreasonable Compositions made by divers persons for Trespasses done in time of the late Rebellion, for prevention whereof for the future, Be it Enacted by the Governor, Council and Burgesses of this Present Grand Assembly, and the Authority thereof, And it is hereby Enacted that for the time to come, no Composition shall be made with any person whatsoever, for any Horses, Boats Arms, , Hogs, Sheep, Goods or any other matter or thing whatsoever, plundered or taken from them in the late Rebellion; But such only as shall be made and acknowledged in open Court, and that each Court be; and are hereby required, Compositions Relating to Damages▪ received in the late Rebellion, to be made and acknowledged in Court or else to be invalid. to take Cognizance of such Compositions, and see that they are not oppressive; and whatsoever Agreement or Composition shall be other ways made, or any Bill or Obligation taken for such Compositions, to be Null and Void; And be it further Enacted by this Present Grand Assembly, and the Authority thereof; And it is hereby Enacted, That all such persons who for the time to come, shall bring their Suits; in any Court of Record for any Trespass or Trespasses Committed in time of the late Rebellion, shall before their Suits shall be admitted ascertain, and prove their whole loss or claim for the Trespass done at that time or times for which they shall bring such account, and also give their account upon their Oaths, if the same shall be required, of what Goods have been returned, what recovered by Law, and what Composition they have made for the same or any part thereof, to the end it may be known when such claims or suits may have end. And for as much as divers ill-disposed persons do frequently notwitstanding the Late Act of Assembly, requiring the Country not to renew the Quarrels Breaches and Heart-burnings amongst us, in using by-names and terms of distinction, viz. Traytor-Rebel, Rogue-Rebel, or such like, by which means it will be impossible ever to unite this Colony to its former estate of love and friendship, though wished for, and desired by all good people, Be it Enacted, by this Present Grand Assembly, and the Authority thereof, and it is hereby Enacted, that whosoever shall presume to use any such aggravations or terms of distinction as aforesaid, Persons provoking others by aggravations or terms of distinction fined four Hundred Pounds of Tobacco. and shall be thereof lawfully convict, shall for every such Offence forfeit and pay Four Hundred Pounds of Tobacco to the use of the Parish where such Offence shall be committed; and whereas on the other side, divers insolent persons who have been deeply concerned in the late Rebellion, will and do notwithstanding their guilt, presuming upon the gracious pardon granted by his Majesty, with unseemly and offensive Language urge and provoke those who have been Loyal and great sufferers in those late unhappy times, to utter in their passion such words as otherways they would not do, both which being highly esteemed injurious and prejudicial not only to his Majesty's Peace, but also to the desired Unity of this Colony, Be it therefore Enacted by this Present Grand Assembly, and the Authority thereof, And it is hereby Enacted, that whosoever shall at any time offer such provocation, by any Language to any Loyal Person whatsoever, as shall by the Court, where the same shall be complained of, be adjudged a sufficient provocation for retorting bad language, such person using such provocations be also Fined, and pay Four Hundred Pounds of Tobacco, and Cask to be disposed of by the Vestry, to the use of the Parish where such Offence shall be Committed. III. An Act licensing Trading with Indians. FOr as much as the total prohibition of Trading with Indians, is experimented and found hurtful and prejudicial to this his Majesty's Colony, and the Inhabitants thereof, Be it Enacted by the Governor, Council and Burgesses of this Present Grand Assembly, and the Authority thereof, and it is hereby Enacted, that all Indians whatsoever being in amity and friendship with us, from henceforth shall have free and full liberty to come in amongst us, and bring in any Commodities whatsoever to the places, and at the respective times hereafter mentioned, Trade permitted with the Indians. and to Trade with, cell, or Truck for the same, with the English resorting thither, but no where else for any Commodities whatsoever; and that such Marts or Fairs continue twenty days, and no longer, that is to say, that the Public Marts or Fairs for James River be the one where the Justices of Peace in Henrico-County, At what places and times Marts or Fairs shall be held for Trade with the Indians. being met and set in Court, shall appoint and nominate, and the other for the southside of James River to be at the Isle of Wight County-Court-House, the beginning of which Marts or Fairs at the head of James River to be the first day of April, and the first day of September, every year; How long such Marts or Fairs shall Continue. the beginning of the Marts or Fair for the southside of James River to be the tenth day of May and tenth day of November yearly; the place for the Mart or Fair in York-River to be appointed and set down by the Justices of Peace in New-Kent County, being met and sat in Court, the beginning of which Mart or Fair to be yearly the tenth day of April, and tenth day of September; the place for the Mart or Fair in Rapphannack River to be appointed, and set down by the Justices of Peace in Rapphannack County being met, and set in Court, the beginning of which Mart or Fair to be yearly the twentieth day of April, and twentieth day of September; the place for the Mart or Fair in Potomack-River to be appointed and set down by the Justices of Peace in Stafford-Countie, being met and set in Court, the beginning of which Mart or Fair, to be yearly the thirtieth day of April, and thirtieth day of September; the place for the Mart or Fair in Accomack-County, to be appointed and set down by the Justices of Peace in that County, being met and set in Court, the beginning of which Mart or Fair to be yearly the tenth day of March, and tenth day of September; the place for the Mart or Fair in Northampton-Countie, to be at that Court's appointment also, the beginning of which Mart or Fair, to be yearly the tenth day of May and tenth day of November, and if any of those days shall happen to fall upon a Sunday, than such Mart or Fair which shall so happen to fall upon a Sunday, shall begin the next day following, Penalty upon such as shall Trade with Indians, at other places or times than is herein specified. and whosoever shall truck trade, or deal with any Indian or Indians whatsoever, at any other time or place then is herein mentioned and set down shall forfeit and pay for every such offence, five thousand Pounds of Tobacco, the one half to the Informer, and the other half to the use of the Public; always provided, that the deuce belonging to the Right Honourable the Governor be reserved as formerly; and to the intent, that there may be books kept of what is bought and sold, Trucked, Traded, & dealt for in such and every 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 Governor shall please to appoint, of what is bought and sold in the Marts or Fair aforesaid. or such other whom the Right Honourable the Governor 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 Gloucester 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 Arms, 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 registered in the Clerk's Book, for which they shall have with them his Certificate. Provided always, and it is the true intent and meaning of this Act, that no Person or Persons shall be hindered from entertaining any Indians in their Houses, who shall have the right Honourable the Governors' 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 Governor, 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 public 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 ●…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 Governor, 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, etc. Repealed by his Excellency's Proclamation, Anno 1680. VIII. An Act restraining the impress of Timber, etc. FOrasmuch as divers complaints have been made, that it hath been heretofore practical to impress, and take from any man's land, such Timber trees as those who pretended to have such power were pleased to take, to the great hurt and damage 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 Infringement of Properties may for the future be offered and done, be it enacted by the Governor, 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 employed for the time to come, to procure or impress Timber for public 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 man's 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 always, that if the Owner of such Timber as shall be wanted for public uses, shall be unreasonable in his setting a price thereon, finding the advantage of the necessity thereof, Two men of the Neighbourhood shall value Timber to be impressed for public Service in case the Owner be unreasonable in his demands. to be had and taken for public 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 employed to impress necessaries for public occasions, and also divers complaints have been made, that of, late divers persons have presumed to impress sloopes, Carts; Boats, Horses, etc. without lawful power so to do, to rectify and prevent the like abuses for the time to come; Be it further enacted by the Governor, Such as shall Impress sloopes, Shallops, Boats Horses, Carts, Arms, Provisions, etc. 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, Provisions goods or Merchandise whatsoever, without sufficient Warrant, and that such Warrant be showed to such Person, from whom they are about to impress such Sloops, Boats, etc. and that whosoever shall by virtue of a Legal Warrant impress any Sloop-Boat, Shallop or Vessel, shall thereby have power to cause two men of the ablest of the Neighbourhood, to view and appraise such Vessel in the best of their Judgement, Things Impressed shall be appraised by two men of the Neighbourhood. to the full value, and also to ascertain the value of the hire thereof, either by the day or by the Month, and that Instruments or Writings be drawn, intimating the value, and also the price of the hire by the day, or by the Month, of which a Duplicate to be drawn, the one of which to remain with the appraisers, and the other part with the Owner or Owners of such Sloop-Boat, etc. and such Owner to bring such Instrument or Writing to the next County-court, where if such Sloop Boat, etc. were impressed for the use of that County, then to be paid out of the County Levy, according to the Tenor of the Writing or Instrument, but if the same were impressed for the use of the Public, than the County-court is to return Certificate of such writing or Instrument, to the next Assembly, where Satisfaction shall be made according to the Tenor of the said writing or Instrument, but if it shall happen that such Sloop Boat, etc. shall be cast away, or lost in the Service, that then the Owner of such Sloop Boat, Vessel, Horses, etc. shall be at his choice whether he will have the value according to appraisement, And the wages for the hire thereof ascertained. or the wages ascertained in the writing, which the public or County must see punctually paid; and if it shall happen that the public or County shall have occasion to impress Provisions of what Nature or kind soever, the impressor is likewise impowered to cause two men of the ablest of the Neighbourhood, to appraise the same, and return a note, Certifying the quantity and price to the next County-court, where if impressed for the Counties use, to be paid out of the County Levy, and if for the public use, the County-court to return an account thereof to the next Assembly, where full Satisfaction shall be made according to the appraisement, and if the County or Public shall impress any man, that he be paid if betwixt the tenth of September, and the tenth of March, Wages allowed men, impressed for the County, or public Service. ten pounds of Tobacco per day, and if betwixt the tenth of March and the tenth of September, fifteen pounds of Tobacco per day, for the first ten days, and if he shall be continued in such Employment more than ten days at a time, then for all such time as he shall serve above ten days between September and March, after the rate of two hundred pounds of Tobacco per Month, and betwixt March and September, after the rate of three hundred pound of Tobacco per Month, and if any Horse or Horses be impressed by the public or County, Rates allowed for Horses impressed. the Owner or Owners of such Horses, shall receive fifteen pounds of Tobacco per day for the first Twenty days, and if he be continued longer than twenty days, then for all the time he shall be employed over and above the twenty days, after the rate of ten pounds of Tobacco per day, and before the Impressor shall take such Horse or Horses, impress away, he shall first bring two able honest men of the Neighbourhood to appraise the said Horse or Horses, and a writing shall be drawn and signed, intimating the value, and if such Horse or Horses be killed in the Service, or otherways lost, it shall be at the choice of the Owner of such Horse or Horses, to receive the value as appraised or the wages for hire, if for the use of the County, to be paid by the County, if for the use of the public, to be punctually paid upon returning Certificate from the County-court, as in case of Sloops, and in case any person or persons shall notwithstanding this Law presume to impress and carry away any Sloop-Boat or other Vessel, or any Cart, Horse, Arms, Provisions or any other matter or thing whatsoever, contrary to the true intent and meaning thereof, shall be fined and amerced double the value of any such Sloop-Boat, etc. Horses, Arms, Provisions, or any other matter or thing so by him Impressed, and taken away to the use of the Owner or Owners of such Goods to be recovered by Action of Trespass, in any Court of Judicature in this Colony. IX. An Act for settling the Form of Patents. MR. Secretary Ludwell, having presented a new Form of a Patent, exactly agreeing with the new and late Charter, under the Broad Seal of England, in these following words: To all to whom, etc. I, etc. send, etc. Whereas His Most Sacred Majesty hath been graciously pleased by his Royal Letters, Patents, under the Great Seal of England; hearing Date at Westminster, the tenth day of October, in the twenty eighth year of his Reign, amongst other things in his said Letters, Patents, contained to continue and confirm the Ancient Privileges and Power of granting fifty Acres of Land for every person imported into this his Majesty's Colony of Virginia, now know ye, that I the said, etc. do with the consent of the Council of State, accordingly give and grant unto A. B. etc. Be it Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the Authority thereof, and it is hereby Enacted, That all Patents shall be drawn henceforward in the abovesaid Form and words, to the end they may be firm, sure and valid in Law. X. An Act ascertaining Coroners-Fees. FOr as much as some doubts have arisen concerning Coroners- Fees, in this Colony, and it being necessary to declare by a Law what the same shall be; Be it therefore Enacted, by the Governor, Council and Burgesses of this present Grand Assembly, Thirteen shillings and fourpences or 30 and one hundred three pounds of Tobacco the Coroners Fee. and the Authority thereof, and it is hereby Enacted, that a Fee for a Coroners-Inquest be thirteen shillings and fourpences, according to the allowance in England, in such Cases, or one hundred thirty three pounds of Tobacco, and Cask, at the choice of the Coroners, to be paid out of the Estate of the person Deceased, In Counties where there is no Corner, a Justice of Peace shall perform his Office, and receive the Fee aforesaid. if such there be, and for want of such Estate by the County where the Party causing the Inquest shall die, and where there is no Coroner in the County, that the Justice of Peace doing the Office shall have the Fee. XI. An Act declaring the year 1676. to be out of the Statute of Limitations. FOr as much as by reason of the late unhappy Rebellion all Judicial Proceed were impeaded and hindered for the greatest part of the last year, being the year of our Lord, 1676. Be it Enacted by the Governor, Council and Burgesses of this Present Grand Assembly, and the Authority thereof, and it is hereby Enacted, That the year 1676. shall not be accounted as one year, included and meant in the Statute of Limitations for Payment or Demand of Debts due by Bill, Bond or Judgement, or in the Clause and Proviso of Patents for Seating of Lands, but that in those and suchlike Cases, the said year of our Lord be passed by, and not accounted of for one of those years therein or thereby meant and mentioned. XII. An Act for Signing Executions on Judgements in the Assembly. IT having been proposed in this Assembly, how and by whom Executions issuing upon Judgements granted by the Grand Assembly, shall issue and be signed, Be it Enacted by the Governor, Council and Burgesses of this Present Grand Assembly, Executions on Judgements granted by the Assembly, shall be drawn by the Clerk and signed by the Honourable Governor. and the Authority thereof, and it is hereby Enacted, That all Executions issuing upon Judgements granted by the Grand Assembly, shall be written and drawn by the Clerk of the Assembly, and signed only by the Right Honourable the Governor; his Honour being the Head of the Grand Assembly. At a Grand Assembly begun at JAMES CITY, the 25th of April, Anno 1679. I. An Act for the Defence of the Country against the Incursions of the Indian-Enemy. WHereas this Grand Assembly have taken into sad and serious consideration the sundry Murders, Rapines, and many Depredations lately committed and done by Indians on the Inhabitants of the Country, and the great danger the Frontier-Counties are exposed to by the frequent incursions of Indians; For prevention whereof, Four houses for Stores and Garrisons ordered to be built at the public charge and for the future security of the Country, Be it Enacted by the Governor, Council and Burgesses of this present Grand Assembly, and the Authority thereof, and it is hereby Enacted, That four Houses for Stores or Garrisons be Erected and Built at the heads of the four great Rivers, viz. At the head of Potomack-River, Places where. at Niapsco near Occoquan, one store-house to be strongly built, The Dimensions thereof. and well covered to be sixty foot long, and Twenty foot broad, and one small house of ten-foot square, strongly built for Ammunition, both which to be built and paid for at the Public Charge, and that Major Isaac Allerton, Colonel St. Legior Cod, and Colonel George Mason, take upon them to provide the several necessaries hereafter mentioned, Necessaries to be provided for the said Storehouses, and the persons appointed to procure the same. for the said work and houses, for which they shall be reimbursed by the Public in the Respective Counties where they live, that is to say eight thousand eight-penny-nails, five thousand ten-penny-Nails, four thousand Twenty-penny-Nails, four Iron-pots, of about eight gallons each, with Pot-hooks, four Iron-Pestles, two Hair-Cifters course, twelve Milk-Trays, six Spades, two Cross-cut-Saws, six Wedges, two broad Axes, six falling Axes, six Hilling-Hoes, two drawing knives, two Hand-Saws, one Grindstone, one Froe, two Hammers, six Gimlets, two Augers, one of an inch, one of an inch and half, two Files one Adz, two Frying Pans, two Stock-locks, ten bushels of Salt, and four washing-tubbs. At the head of Rappahannack-River, one Storehouse or Garrison, with a small House, both of the dimensions afore mentioned, and that Major Lawrence-Smith do procure the several necessaries above mentioned, for which he shall be allowed by the Public in Tobaccoes in Glocester-County, at the rate of Ten Shillings Per Hundred with Cask. At the head of Mattapony at or above the Indian Towns, one Storehouse or Garrison, with a small house for Ammunition of the dimensions aforesaid, and that Captain Richard Johnson do procure and provide the several necessaries above mentioned, for which he shall be allowed by the Public, in Tobaccoes, to be paid in New-Kent-County, at the rate of ten shillings per hundred with Cask. At the head of James River on the southside, above Captain William Birds, one Storehouse or Garrison, with a small house for Ammunition of like dimensions aforesaid, and that Captain William Bird do procure and provide the several necessaries before mentioned, for which he shall be paid by the Public in Henrico-County. And be it further Enacted, by this Present Grand Assembly, Every Forty Tythable shall be assessed to fit and set forth one Horseman well Armed. and the Authority thereof, and it is hereby Enacted, That every Forty Tythables within this Colony, be assessed and obliged to fit, and set forth one able and sufficient man, and horse, with furniture well and completely Armed, with a Case of good Pistols, and Carabine or short Gun, and a Sword, together with two pound of Powder, and ten pounds of Leaden Bullet or high Swan Shot; and also that each Respective Forty Tythables do provide and send up to the said Storehouses, five bushels of shelled Indian-Corn, and two bushels of Meal, eighty pounds of good well salted Pork, The Provision to be allowed such Man and his Horse for four Months. or one hundred pounds of good well salted Beef for four months' provision for such man, and his Horse, and so to supply him four months punctually. And be it further Enacted by this Present Grand Assembly, and the Authority thereof, and it is hereby Enacted, that immediately after the Publication of this Law, the several Justices, and Militia Officers of each County do Assemble themselves at some convenient place, and consider of, proportion, and divide the Respective Tythables of their County into Fortyes, which Forty Tythables so by them divided and appointed to find a Man, Horse, Arms, The Militia-Officers of each County, to Proportion a Division of the Tythables in their said Counties. Ammunition and Provision as is before expressed, shall either refuse, neglect or be uncapable to fit out such Man and Horse Arms, Provision and Ammunition, in manner aforesaid, that then the Justices and Militia-Officers of the said County do, and they are hereby impowered to impress Man and Horse, with Arms, Ammunition and Provision as is beforesaid, and send them to the said Storehouse or Garrison, and assess the said Delinquent Tythables the whole Charge thereof, & cause the same to be Levied and paid, where the same shall be Due. And be it further Enacted by this Present Grand Assembly, and the Authority thereof, and it is hereby Enacted, that the Pay of each private Soldier or Trooper for his personal service shall be after the Rate of two hundred pounds of Tobacco and Cask per Month, Private Soldiers Pay. and so proportionabley for a greater or lesser time, and for a Horse eighty pounds of Tobacco and Cask Per Month, and so proportionably for a greater or lesser time; and if after the proportioning the Tythables of each or any County into Forties and less number shall remain, such Tythables shall be assessed by the Justices proportionably to the rest, to help to defray the whole Charge. And be it further Enacted by the Authority aforesaid, and it is hereby Enacted, that whensoever it shall happen that any one or more such Soldier or Soldiers so fitted out as aforesaid, shall die, or become unable or unfit for service, or if such Horse sent to such service as aforesaid, Horses dying or being killed or disabled in service, the Justices and Militia-Officers may impress others in their Room. shall happen to die, be killed lost or disabled for service, or if any Arms so fitted, and sent out shall be lost, broken, spoiled or become unserviceable, and that the Forty Tythables to whom they or any of them appertained, shall be delinquent in fitting and sending out other in their stead, that then in such case the Respective Justices and Militia-Officers shall impress, and are hereby impowered to impress others in their Room; but if such Horse shall die or be killed in the Country service, and good Certificate be made thereof by the Commander in Chief of the Garrison to which he belonged, to the Assembly, or that such Arms as are lost and broken, were lost & broken in the service, & not by neglect or fault of the Soldier to whom they belonged; and then such Horses or Arms shall be paid for by the Public, according to the Certificate of the Chief Commander; but in case any Soldier shall wilfully or carelessly spoil his Horse, or kill or lose him, or spoil lose or imbezil his Arms, in such case such Soldier shall be liable, & he is hereby made liable to make full satisfaction for the same to the said Forty Tythables, who fitted the same out. And be it further Enacted by the Authority thereof, and it is hereby Enacted, that in case any Soldier, Horse or Arms fitted out and sent by any Respective number of Tythables shall by the Justices and Militia-Officers, be judged unfit for such services, that then in such case the said Justices and Militia-Officers do return such man Horse or Arms, and immediately impress others in their Room, and assess the Pay and Cost to whom the other belonged, or by whom they were sent out, And be it further Enacted by this Present Grand Assembly, and tha Authority thereof, and it is hereby Enacted, that forasmuch as the present necessity of the times require able and prudent Commanders, who have both Courage and good conduct, that a Captains Pay be Twelve hundred Pounds of Tobacco and Cask, Per Month, he finding himself Horse, A Captains pay to be 1200 l. of Tobacco and Cask per Month. Arms, Provision, etc. and that one of the Listed Soldiers which he shall make choice of, do wait and attend him, that a Lieutenants pay be 850 l. of Tobacco and Cask Per Month the Cornets pay 600 l. of Tobacco and Cask Per Month, the Surgeons Pay 850 l. of Tobacco and Cask, Per Month; The Lieutenants pay 850 l. of Tobacco and Cask per Month. each of those Respective Officers finding themselves horses, arms, ammunition and Provision, and if any of the said Officers, shall lose or have any of their horses killed in the service, that in such case such horses so lost, or killed to be paid for by the Public. The Cornets and Surgeons Pay. And be it further Enacted by this Present Grand Assembly, and the Authority thereof, and it is hereby Enacted that a box of Medicines be bought or impressed by the Commander in Chief of each Garrison, to the value of five Pounds sterling, ot thereabouts, not exceeding the said sum, for the use of the Garrisons, and the Payment thereof, such Captain drawing a note upon the next Collector of two Shillings per Hogshead, to be by him paid and allowed to him in the public account. And be it further Enacted by the Authority aforesaid, Corporals and Trumpeters pay. and it is hereby enacted, that a Corporals pay and a Trumpeters pay be fifty pounds of Tobacco per Month, over and above a private Soldiers pay, which Overplus pay of fifty per Month, together with other Officers pay before mentioned, shall be paid and defrayed by the public. And whereas divers Counties who are to send Provisions etc. to the Respective Garrisons, lie far Remote from the said Garrisons, it is hereby Enacted that the Justices and Militia-Officers of such Counties take care to send up their Provisions and ammunition with the best Convenience, and greatest Security, which charge shall be paid for and defrayed by the public. And be it further Enacted by this present Grand Assembly, and the authority thereof, and it is hereby enacted, that the Soldiers to be raised in each Respective County, by virtue of this Act, are forthwith with all possible convenience to be raised, and are to Repair to the several Garrisons, and to be upon the place on the Twentieth day of June next at furthest, and if possible sooner; and that each Respective County send their Proportions of men as is hereafter set down and expressed, viz. Henrico County, Northside of Charles-City County, Warrick County, The proportions of men which the several Counties shall send to the Garrisons. Elizabeth-City County, James-City County, together with four Soldiers from Lower Norfolk County, four from Nanzemund, four from the Isle of Wight, three from Surrey, and two from the Southside of Charles-City County, be sent to the Garrison at the head of James-River, New-Kent County, York County, and one 3d. part of Gloucester County Soldiers be sent to the Garrison at the head of Mattopony, Middlesex County, Rapahannack County, and two third parts of Gloucester County, Soldiers be sent to the Garrison at the head of Rapahannack River, Stafford, Westmoreland, Northumberland, & Lancaster County Soldiers to be sent to Potomack Garrison, _____ Lower Norfolk, Nanzemund, Isle of Wight, Surrey, and the Southside of Charles City Counties, Soldiers to be Rangers for the Security of their Respective Counties, according to such Orders and Directions as shall be agreed upon, and made by their Militia-Officers. And be it further Enacted by this present Grand Assembly, and the Authority thereof, and it is hereby Enacted, that for the ease of public charge, each Respective Soldier be and he is hereby enjoined to be Assistant, by all convenient and possible ways for the securing themselves, and building the Guard House, and Storehouse or Houses, that is to say, in falling, malling or doing any other matter or thing requisite or necessary, and also in fencing to make Pasture to secure their Horses, etc. And be it also further Enacted by this present Grand Assembly and the Authority thereof, Each Garrison shall be supplied with a good Boat and Oars and it is hereby enacted, that each Garrison be supplied with a good Boat and Oars, such as may be sufficient to pass over at least three or four Horses at a time, and that the Commander in chief of each Respective Garrison be, and he is hereby enabled to procure and bargain for such Boats and Oars, to be accordingly paid for, by the public upon his Certificate of the price thereof, a Boat and Oars for Mattapony Garrison, being already promised to be provided by Colonel John West. And be it further enacted by this present Grand Assembly, and the Authority thereof, and it is hereby enacted, that four of the Neighbouring Indians to each Garrison shall be commanded by the Commander in chief thereof, Four of the Neighbouring Indians to each Garrison shall attend there. to be always attending at each Garrison; and because there is no Neighbour Indians on Virginia side, residing near the Garrison in Potomack River, the Commander in chief of that Garrison, is hereby impowered and requested to hire four of the Matteoman-Indians in Mary Land, for the service of that Garrison. And to avoid all mistakes and harms that may ensue by being unacquainted with our Neighbour and Friendly Indians, and to the end we may the better know them from our enemies in our Ranging and Marches, be it enacted by this present Grand Assembly, and the Authority thereof, That all and every Indian Town have speedy notice, that if at any time any of them, or any of their Friends that may Repair to their Towns, shall happen to meet with any of our Soldiers ranging in the Woods, or shall come near any of our Plantations or People, in any place or places whatsoever, that they must not fly, hid themselves, or make any Opposition, and that if they do, they may be proceeded against with all manner of Hostility as enemies; but if they shall stand peaceably, and discourse the English, and give true account who and what they are, and upon their near approaches lay down their Arms, that then they shall be civilly treated, and no harm shall be done or offered to them. And forasmuch as the said Garrisons may not be at any time left destitute of sufficient defence against any enemy that shall or may attempt the same; Be it enacted, Ammunition to be kept in the Garrisons for store. that ten long Guns or Muskets be provided, with one Barrel of Gunpowder, and leaden shot or Bullet, proportionable thereto, for each Garrison, to be kept in the Storehouse belonging to it, for a Reserve and Defence for the same; and that the charge of such Arms, powder, or bullet, if the same cannot be procured from his Majesty's store, be paid for and defrayed by the Public. And to the end that the Eastern Shore may not be altogether left without defence against the enemy, if any shall attempt thereon, or any Suspicion of such attempts shall arise among the Inhabitants there, be it enacted by this present Grand Assembly and the Authority thereof, and it is hereby enacted, that the Inhabitants on the Eastern Shore may have, and it is hereby declared, that they have the same Liberty to make Garrisons, and raise Soldiers in manner and form as is allowed to the several Counties on the Western Shoar, or to raise or employ their Soldiers in Ranging, as they find Occasion. And be it further enacted, by this present Grand Assembly and the Authority thereof, and it is hereby Enacted, that the several Associations on the Southside James-River shall and may, as they see Occasion, erect like Houses and Garrisons, as is at the heads of the other great Rivers towards which they shall be equally allowed by the public, with the other Garrisons before mentioned, and such Officers as are employed in ranging either on the Eastern Shore, on the Southside of James-River, to be paid for the time of their Service by the Public, equally with other Officers at the Garrisons. And for the better Encouragement and more orderly Government of the Soldiers, What Indian Prisoners, or plunder the soldiers take shall be free purchase. that what Indian-Prisoners or Plunders shall be taken in War, shall be free purchase to the Soldier taking the same; and where any difference shall happen among the Soldiers in such or like matters, the same to be adjudged, decided, and determined, by their Respective chief Commander, and all such Soldiers as shall be maimed or disabled in the Service, have an annual Pension allowed them by the Public at the Discretion of the Assembly, Soldiers maimed or disabled in Service shall have an Annual pension. and that the Articles of War be published and practised, as is directed in the Act of Assembly, made in the year 1675. II. An Additional Act for the better Preventing stealing of Hogs. WHereas notwithstanding the former Law against Hog-stealing, the same is daily practised to the great damage of the Inhabitants of this Country, for prevention whereof, Be it enacted by the Governor, Council, and Burgesses of this Grand Assembly, and the Authority thereof, and it is hereby enacted, that this following Addition be made to the former Law, viz. That for the first Offence of Hog-stealing, whereof any person shall be convict, the party shall be adjudged according to the said Law, and if any Person having been once Convict of Hog-stealing, Persons the second time convict of stealing Hogs, shall stand in the Pillory with their Ears nailed thereto. shall a second time be convict thereof, then for such his default he shall stand two hours in the Pillory, and have both his ears nailed thereto, and at the Expiration of the said two hours, have his Ears cut lose from the Nails, which Penalty and Punishment shall be adjudged and inflicted against and upon the Offender by any County-court in Virginia, any Law to the contrary notwithstanding, And the third time shall be prosecuted as Felons. and whosoever shall be taken a third time stealing of Hogs, that then he be tried by the Laws of England, as in case of Felony. III. An Additional and Declaratory Law, Impowering County-Courts to make By-Laws. Whereas there is great necessities oftentimes of particular Counties to make By-Laws proper only to themselves, and the former Act of Assembly to that purpose being too general, and consequently not so easy to be put in practice: Be it therefore Enacted by the Governor, Council, and Burgess of this Grand Assembly, and the Authority thereof, and it is hereby Enacted, that for the future two men be made choice of, Two men shall be chosen in each Parish by the Freeholders and Housekeepers, to sit with the Justices in County-Courts, for making of By-Laws. in each Parish by the Major Votes of the Freeholders and Housekeepers in the said Parish; At such time and place as by the County-courts shall be appointed, which too so chosen as aforesaid shall be Returned by the Church Wardens, and shall sit in the several County-Courts, and have their equal Votes with the several Justices for the making of By-Laws, and where the County shall consist of one Parish only, there four men shall be chosen, and Returned in manner as aforesaid, and shall have equal Votes with the several Justices for the making By-Laws, and all such By-Laws so made, shall be firm and binding to the Inhabitants of such County any Law usuage or Custom to the contrary notwithstanding, Inhabitants of the County shall obey the By-Laws thereof. and for as much as divers great Parishes have in them several Chapels of ease, Be it therefore Enacted by this Present Grand Assembly, and the authority thereof, and it is hereby Enacted, that the Inhabitants within the Precincts of every such Chapel of ease, may elect one Representative for every such Chapel, to sit and vote with the Justices, in making such By-Laws as aforesaid, the time and place for such Election to be also appointed by the County-courts. iv An Act declaring how far Accounts are Pleadable against Dead men's Estates. Whereas the 95th Act of Assembly in the Printed Laws making no Accounts pleadable against Dead men's Estates, is found too severe, and that many Executors and Administrators of Dead men's Wills and Estates, have had and taken too great an advantage thereby, to the Defrauding and great Prejudice of many Creditors to such Estates, for prevention whereof for the time to come, and to the end all just debts may be recovered against the Debtors Estate: Be it Enacted by the Governor, Council and Burgesses of this Grand Assembly, and the authority thereof, and it is hereby enacted, that from henceforward all accounts brought against a Dead Man's Estate for any Debt made and Contracted within one year before the Parties Death, but no longer shall be pleadable, and recoverable against the Debtors estate, and for no longer time, without prescription, if the party in Debt shall after contracting such Debt, remove or abscond himself from the County where he lived, at contracting the same. Provided always, No Debts pleadable against dead men's Estates, but such as were contracted within one year before their decease. that all such accounts and claims as shall be brought against a dead man's estate, be fairly proved in Court by the Oath of the Creditor, and one Witness more, and that the party claiming and Suing for such Debt do himself appear, and in open Court make Oath upon the Holy Evangelist, that the same is really due, without any discount to be made, or Credit to be given that he knows of. V An Act Repealing the 129th Act of Assembly, in the Printed Book. Whereas the 129th Act of Assembly in the Printed Book of Laws, enjoining the Inhabitants on Potomack River, and on the eastern shore, not to make delivery of their Tobaccoes by them sold or paid away without certificate from the collector, that the impost is paid thereof to him under the Penalty of Twenty Shillings for every Hogshead, by them suffered to be taken out of their Possession, is found grievous to the said Inhabitants, all other the Inhabitants of Virginia, being at their Liberty to sell, and deliver their own Tobaccoes to the best advantage, Be it enacted by this present Grand Assembly, and the authority thereof, and it is hereby enacted, that the said 129th Act of Assembly be and from henceforth stand Repealed, The Act Prohibiting the Inhabitants on Potomach River, and on the Estern Shoar to Ship their Tobaccoes without Certificate Repealed and that the Inhabitants on Potomack River, and on the Eastern Shore have like and equal Liberty and Privilege with the rest his Majesty's Subjects in this Colony, to sell, dispose, pay, and make Delivery of their Tobacco to their best advantage and Convenience. VI An Act Ascertaining Collectors Fees for entry and clearing Ships, etc. WHereas several Complaints have been made, to this present Grand Assembly, that several Collectors in this Colony have exacted, and taken great and unreasonable Fees, for entering and clearing Ships and smaller Vessels, trading into this Country, which if permitted and continued, might prove prejudicial to trade; for prevention whereof for the future, Be it enacted by this present Grand Assembly, and the Authority thereof, and it is hereby enacted, that from hence forward, no Collector or Collectors shall or may demand or take other Fees for entering and clearing of any Ship or Vessel coming into this country, then by this Law is ascertained and allowed to be taken, that is to say, for every Ship or smaller vessel, Burden twenty Tuns or under, fifteen Shillings and no more; and for every Ship and other vessel burden above Twenty Tuns, thirty Shillings and no more; which Sums shall be in full Payment of his Fees, for entering, clearing, Licence to Trade, and for taking such Bonds as are by Law enjoined to be given and taken at the entering and clearing of Ships and other vessels Trading hither. VII. An Act for Securing Orphans Estates. WHereas the 66th Act of Assembly in the Printed Book Relating to Orphan's Estates, is found too short and deficient, and that by the neglect of the Courts in taking Security upon granting Orders for Administrations, great Prejudices have ensued and may ensue; For the better prevention thereof for the future, Be it Enacted, by this present Grand Assembly, and the Authority thereof, and it is hereby enacted, That before any order for Administrations shall be granted to issue forth from the Office, so as Letters of Administration shall or may thereupon pass, and be signed by the Justices, as by the Laws is directed and enjoined; good security shall be taken for the Parties due Administration according to Law. And be it further Enacted, by this Present Grand Assembly, and the Authority thereof, and it is hereby Enacted, that all Justices sitting in Court, Administrators of Orphan's Estates shall give good security. whensoever Administrations are sued for and granted, and shall upon granting Order or Orders of Administration, neglect to make order for security as is before enjoined to be taken, shall thereby, and for such their neglect become liable to make good such Estate in case the same shall be embezzled by such Administrators. And it is also further Enacted, that all Justices of the Peace, stand enjoined, and are hereby required before they sign Letters of Administration, to demand Certificate from the Clerk, that security is given according to Law, and duly entered upon Record, to the end all Orphans, etc. may be secured in their Estates, and the Justice's safe, in the due execution of their Office and Places. VIII. An Act prohibiting the Importation of Tobaccoes into this Colony. FOr as much as the Importation of Tobaccoes into this Colony from Carolina, and other Parts without the Capes, hath been found very prejudicial to this Country, and the Inhabitants thereof; for prevention of like mischief, and inconvenience for the future, Be it Enacted by the Governor, Council and Burgesses of this Present Grand Assembly, and the Authority thereof, and it is hereby Enacted, that from and after the tenth day of October next after this present Sessions, no Tobaccoes packed in Cask or otherways, shall be brought from without the Capes of Virginia into this Colony, either in Boat, Sloop, or other Vessel whatsoever, to be Landed on shore, sold or Shipped off in any Ship or other Vessel riding in this Colony, except only by such persons as shall make it appear, that they are Inhabitants of Lower-Norfolk-County, and that the Tobaccoes by them brought round the Capes, is of the growth of the said County, upon Penalty of Forfeiting all such Tobaccoes so brought into this Colony, contrary to the intent and meaning of this Act; one half of such Tobaccoes so forfeited to be to the use of the King's Majesty, and the other half to be equally divided between the Informer and the Country. Provided always that it shall be lawful for any Merchant or other person inhabiting in this Country to fetch from Carolina commonly called the South, and bring hither all such Tobaccoes as are already due to him before the making this Law. Provided also that such Merchant, or other Inhabitant of this Country, as shall pretend to have Tobaccoes' due there, and expects liberty of importing the same into this Country, do within three months' next after the Publication of this Act, repair to the Court in the County where he lives, and there make Oath upon the Holy Evangelists, what sums of Tobacco is due to him there, and that the same was due to him before the Publication of this Act, and cause the same to be entered upon Record, and further that such Merchant or other person residing in this Country, and having Tobaccoes due to him in Carolina, and claiming the benefit of this Law, to import the same into this Colony, shall and do immediately, and before he shall unload the same, either out of Boat, Sloop or other Vessel, bringing the same into this Country, repair to the next or nearest Collector of the impost of two Shillings Per Hogshead, and make entry with him of all such Tobaccoes as he shall bring in; and do also make Oath upon the Holy Evangelists before such Collector or other Magistrate whom he shall appoint, that such Tobaccoes so brought in, is such part of what Tobaccoes was due to him in Foreign Parts, before the making this Act, the total whereof he hath already signified to the County-Court where he resides, according to the Injunctions of the Law. IX. An Act forbidding Mary-Land-Vessels Trading into this Country, without making Due Entry. WHereas by several Laws which long have been and now are of force in Mary-Land, all Ships, Sloops, Boats or other Vessels, belonging to Virgnia, are enforced to make Entry with the Respective Collector, before they can be permitted to make delivery of any Goods, or take on Board any Tobaccoes to import hither, and consequently to pay considerable sums of money to such Officer for such Entry, though the Goods or Concern thither carried be of very small value, which severity this Assembly having taken into consideration, do adjudge it very unneighbourly; Be it therefore Enacted, by the Governor, Council and Burgesses of this Present Grand Assembly, and the Authority thereof, and it is hereby Enacted, that no Ship, Sloop, Boat or other Vessel belonging to any the Inhabitants of Mary-land, or coming from thence, shall from henceforth be permitted to bring in any manner of Goods or Commodities of what value soever, into any of the Rivers or Parts of this Government, and unload the same either on Board any other Vessel, or on shore, without first making due Entry thereof with the Collector of these Precincts, No Vessel belonging to the Inhabitants of Mary-Land, shall unload in any Port of Virginia without Entry first made upon Penalty of forfeiture of the said Vessel and Cargo. under the Penalty of forfeiting such Sloop, Boat, etc. or other Vessel, together with such Goods and Merchandizes as shall be so unloaden as aforesaid, the one half to the Informer, and the other half to the use of the Country where the seizure is made, and the several Collectors are hereby earnestly required and enjoined to take particular care in this matter, and this Law to stand in force, until the Mary-Landers shall repeal their severe Law before Nominated. At a General Assembly begun at JAMES CITY the eighth day of June, Anno 1680. I. An Act of free and general Pardon, Indemnity and Oblivion. THe King's Most Excellent Majesty, having taken into serious and gracious consideration, the present state and condition of his Colony of Virginia, and reflecting on the late Rebelion raised there by Nathaniel Bacon Junior Deceased, his Complices and Abettors, and how many of his good Subjects were drawn into the same, and seduced from their Allegiance by the specious pretences set forth by this said Nathaniel Bacon, who have since by their dutiful behaviour shown themselves sensible thereof, and repenting for the same, and to the intent, that no Crime whatsoever committed against his said Majesty and Government, may hereafter rise in Judgement, or be brought in question against any of them, to their least endamagement, either in Lives, Liberties, Estates, or to the prejudice of their Reputations by any reproach, or term of distinction, and to turn all seeds of future discord and the remembrances thereof into utter oblivion, as well in his Majesties own Breast, as in the breast of his Majesty's Subjects one towards another, Free and general Pardon for the Accomplices in Bacon's Rebellion. and out of an earnest desire to put an end to all suits, quarrels and controversies whatsoever, that by occasion of the said Rebellion, and late distractions, have arisen and may arise, between any of his Majesty's Subjects, and in pursuance of his Majesty's gracious Proclamation of Pardon, bearing date the twenty seventh day of October, 1676. and in the twenty eighth year of his Reign, is graciously pleased that it may be Enacted, and be it Enacted by the Kings most Excellent Majesty, by and with the consent of the General Assembly, that all manner of Treasons, Misprision of Treasons, Murders, Felonies, Crimes and Misdemenours committed, acted, counselled or done by any persons whatsoever, upon or at any time, before the sixteenth day of January, 1676. in the twenty eighth year of his Majesty's Reign, other than the persons hereafter excepted, in such manner as they are excepted, by virtue or colour of any Command, Power, Authority, Warrant, Commission or Instructions from Sir William Birkley late Governor of Virginia, Deceased, or of or from any peson deriving, or pretending to derive mediately or immediately, any Commission, Power or Authority from the Grand Assembly in Virginia, held in June, 1676. or of or from Nathaniel Bacon Deceased, assuming unto himself the Authority of, or Reputed to be Commander in chief of all the Forces in Virginia, by Land or Sea, or from any other person or persons deriving or pretending to derive any Authority from them or either of them, be Pardoned, Released, Discharged and put in utter Oblivion, and that as firmly and fully to all intents and purposes, as if they or every of them, had been 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 liable 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 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 chase away the then Governor, there rob, kill, and continue to destroy several other of his Majesty's 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 virtue 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 King's 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 Whitsun, 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 Majesty's 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 Public 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 Majesty's Loyal Subjects cannot but be very great sufferers by the Spoils 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 Majesty's Subjects in Virginia, have been destroyed or spoiled, or have been impaired or made worse and for which no Judgement hath been actually obtained, before the 25th day of April 1679. on the one and thirtieth year of his Majesty's 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 Majesty's 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 deserted 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, Judgement and Indictment, Informations, Decrees, Sentences, Probates of Wills, Administrations, Writs, or Actings on, or return of Writs, Orders, or other Proceed 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, Proceed 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 Premises 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 Governor 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 Councillors in the said Colony, though not legally so, but that all and every such Verdicts, Judgements, and other things above mentioned, and the actings, do, and Proceed thereupon, shall be of such and of no other Force, Effect, and value, then as if such Person so Assuming the name Title, Authority and Dignity of Governor, had been legally Commissioned by his Majesty thereunto, and as if such Person or Persons pretending the name, Title, and authority of Councillor 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 Governor 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 Majesty to be Governor or Commander in chief of the said Colony, Any Person who shall either by words or writing defame the Governor, shall suffer a years Imprisonment without Bail, etc. or tending to the dishonour or defaming of the said Governor 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 Successors. 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 Majesty's Councillors, Judges, or other principal Officers within the said Colony, tending to the dishonour or defaming of the said Councillors, Judges, or other principal Officers, and being thereof Lawfully convicted, shall be imprisoned during three Months, without Bail 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 Naturalisation. WHereas nothing can contribute more to the speedy settling and peopling of this his Majesty's 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 Privileges of any of his Majesty's natural Freeborn 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 Governor or Commander in chief, for the time being, or any of his Successors, Governors of this Colony, by a public Instrument under the broad Seal thereof, to declare any Alien or Aliens, Forreigner or Foreigners being already settled, or Inhabitants of this his Majesty's Colony, or such as shall hereafter come for to settle, The Governor may naturalise such Foreigners as shall seat themselves in this Colony. plant, or reside in it, and having taken the Oath of Allegiance, before the Governor or commander in chief, for the time being, to be to all intents and purposes, fully and completely naturalised; and the said Persons so approved of and named in the said Letters Patents as aforesaid, shall by virtue of this Act have and enjoy to them and their Heirs the same Immunities and Rights, of and unto the Laws and Privileges of this Colony, and as fully and amply as any other of his Majesty's Natural born Subjects have or enjoy within the same, as if they themselves had been born within any of his Majesty's 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 Governor 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 Foreigners that have formerly transported themselves to this his Majesty's 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 Majesty's Liege 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 T●nements, be secured, and by virtue 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 Privilege to any Foreigner to do or execute any matter or thing, which by any of the Acts made in England, concerning his Majesty's Plantations he is disabled to do or execute. III. An Act for raising a Public Revenue for the better Support of the Government, of this his Majesty's Colony of Virginia. WHereas there is a great and continual charge Required for the Maintenance of the Governor, and several other Officers and Persons, as also for the Fort and Fortifications, besides many other contingent expenses, 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 Majesty's Colony of Virginia, in such manner as is herein before expressed, 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 Mariner 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 also to the Kings most Excellent Majesty, his Heirs and Successors for ever, for the better support of the Government of this his Majesty's Colony of Virginia, in such manner as is herein before expressed, and to and for no other use, intent, or purpose whatsoever. And for the better discovery and preventing of Frauds, Be it further Enacted by the Authority aforesaid, Sixpence per Poll payable for all Persons imported, Mariners excepted. that the Master of every Ship or Vessel, shall deliver his Boatswains Book to the perusal of the Respective Collectors, and make Oath of the truth thereof, to the best of his knowledge, and that the Mate, Boatswain, Seamen, or other persons be also sworn if there be cause, for the discovery of the truth of the freight; and if any Master shall wittingly or willingly conceal any part of his Freight, or make false entry of the burden of his Ship or Vessel, or number of persons imported as aforesaid, that then the said Master shall forfeit for every such Offence the sum of One Hundred Pounds Sterling, as also the triple duties for every Hogshead, or five hundred pounds of Tobacco, and for every Tun concealed; one Moiety to the Informer, and the other Moiety to the Kings most Excellent Majesty, his Heirs and Successors, to and for the uses above mentioned, and to be recovered by action of Debt, Bill or Plaint, by virtue of this Act, against which no essoing, wager of Law, or protection to be allowed to any person so offending. And it is hereby further Enacted by the Authority aforesaid, that the Respective master of every Ship and Vessel, shall enter into a Bond of Twenty Pounds Sterling to the Kings most Excellent Majesty, his Heirs and Successors, for the payment of the Duties of so many Hogsheads, or five hundred pounds of Tobacco as shall upon due Certificate appear to be entered in the Custom-house in England, more than shall be entered and paid to the Respective Collectors, and other Officers in Virginia, unless the said Collectors and Officers be fully satisfied of the true number of Hogsheads and Freight of the said Ships and Vessels; the said Bond to be made without any Fee, and to be void to all intents, as if never made, if not put in suit, upon due Certificate to be procured by the Respective Collectors from the Custom-house in England within one year from the making thereof, which said Collectors and other Officers are hereby required to use their utmost diligence in the due execution of this Act, and shall be allowed their usual salaries, or such other as by the Governor or Commander in Chief for the time being, with the advice of the Council, shall be adjudged necessary for Collecting the said imposition; which said Governor or Commander in Chief, for the time being, is also hereby further Authorized and impowered from time to time with the advice of the Council as is before specified, to give such reasonable allowances and encouragement, as shall be adjudged fitting, not exceeding ten per Centum, to such Masters of Ships or other persons, as shall give in true accounts, and advance and pay down the above mentioned duties either in money or good and sufficient Bills of Exchange, to the satisfaction of the Respective Collectors. Provided always, and it is hereby Enacted and declared by the Authority aforesaid, that the Act of Assembly in the Printed Book, Entitled, Imposition of two shillings per Hogshead, made at a Grand Assembly held at James City the 23d of March 1661. also one other Act, Entitled, An Act for the imposition of two shillings per Hogshead, made at James City the second of December, 1662. also one Act in the Printed Book, Entitled, Castle-duties to be paid, made at a Grand Assembly holden at James City the 23d of March, 1661. and all other former Acts for the raising or levying of two shillings per Hogshead Impost upon Tobaccoes exported out of this his Majesty's Colony of Virginia, or for raising or levying, Castle Duties, Tonnage, or head-money be and are hereby by virtue of this Act fully Repealed and made void to all intents and purposes, any thing in this Act, or any other Law, Statute, Custom, Usuage, or instructions whatsoever to the contrary notwithstanding. Provided also, and it is hereby Enacted, and declared by the Authority aforesaid, that the Privileges of Virginia-Owners of Ships, expressed and set down in the CXXXIIII. Act, in the Printed Book (Entitled Privilege of Virginia-Owners) made at James City the 23d of March, 1661. and one Act made at James-City the 20th. of October, 1669. (Entitled, An Act for freeing Virginia-Owners from Castle-Duties) shall be, and are hereby meant and intended to be in full force, power and virtue, to the benefit, use and privilege of all and every such Owner or Owners, any thing in this Act, or any other Act, Law, Statute, Custom, usuage or Instructions whatsoever, to the contrary notwithstanding. iv An Act for continuation of the several Fortifications and Garrisons, at the heads of the four great Rivers. WHereas the number of Soldiers at the several Garrisons appointed by Act of Assembly made at James-City, the 25th day of April, 1679. is found too chargeable for the great poverty of the Inhabitants of this Country, and longer to lie under, and nevertheless, the holding up any maintaining the said Garrisons, and Fortifications against the incursions of the Indian-Enemy is deemed of absolute necessity; 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 the clause in the said Law, appointing Forty Tithables, to set forth one Soldier, be from henceforth wholly repealed and made void, and that the said Garrisons and Fortifications be continued, and that from henceforward, the number of Soldiers at each Garrison, Each Garrison to have twenty Soldiers, besides the chief Commander. over and besides the Commander in chief thereof, be twenty in number, out of which number, two Corporals to be chosen by each Respective Commander in chief, and that such twenty Soldiers for each Garrison as aforesaid, be appointed and chosen, as also their Horses, Arms and Furniture, out of those who are now there, or aught to be there, by each Respective Commander proportionally out of the several Counties to which they appertain, and that for a supply of the said twenty Soldiers, Horses, Arms or Furniture so made choice of as aforesaid, and happening to die, or any ways become disabled by sickness or otherways, that then such dificiency upon notice given by the Commander in chief to the Justices, or first in Commission of such County-Court, to which County such Soldier or Soldiers, etc. shall belong, shall forthwith be supplied according as the aforesaid Act of Assembly made the 25th of April, 1679. directs, and it is further Enacted by the Authority aforesaid, that each Officer and Soldier's pay shall be and continue, as is set down in the said recited Act of Assembly, which charge shall be borne and allowed by the Public, 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 Soldier be allowed such Proportions of Corn and Meat, as is set down in the before recited Law, and that Colonel William Bird as undertaker in this Present Assembly, do forthwith begin, and all along continue from four months to four months, Persons entrusted to make Provision for the Soldiers belonging to the Garrisons to provide and furnish the provision and Corn for the Garrisons and Soldiers at the head of James River, and deliver the same so convenient to the Garrisons, as that the same may be conveniently secured and fetched in by the Soldiers thereof, without further charge to the Country. Their Allowance. For which Provisions he the said Colonel William Bird shall be paid and allowed by the public, after the rate of two Thousand pounds of Tobacco and Cask per Annum, for each Soldier 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 public, 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 public, 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 Country, the number of Soldiers appointed for each Garrison at the countries' charge, is so few, and that in all likelihood there may be found emergent Occasion to Reinforce each Garrison with one or more Soldiers; his Excellency is humbly Requested as he shall see cause from time to time to place in each Garrison such Number of his Majesty's Foot-soldiers now in the Country, as from time to time shall be thought fit and needful; and for such Soldiers so placed, their Allowance of Provisions shall be from time to time, made and provided at the Countries charges, as is proportioned and allowed for the other, all such Soldiers being furnished and supplied with his Majesty's Arms and Ammunition, and provided with their own Bedding to be carried to such Garrison at the charge of the country, 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 Soldier as shall be sent according to the time such Soldiers 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 public, according to the Rates before mentioned. Provided always, and his Excellency is desired if he see cause, to draw off ten of the Soldiers from each Garrison, for the ease of the Country, supplying the same with ten of his Majesty's Soldiers 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 Majesty's Colony of Virginia, and observing and foreseeing the great extremities his Majesty's Subjects here; must necessarily fall under by the present and continued Lowness of the price of Tobacco, the only Commodity and Manufacture of this Country, if the same be not by all prudential ways and means prevented; and considering that the building of Storehouses 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 Tobaccoes imported or exported into or from this his Majesty's 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 Majesty, 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 Storehouses upon, for the use of the said County. that thereby within two months' next and immediately after publication hereof in every respective County within this his Majesty's Colony, fifty Acres of Land purchased by the Feoffees of the several Counties at the rates hereafter set down, and measured about, laid out and appointed for a Town for Storehouses, etc. for such County as is hereafter set down, and Expressed; that is to say, Places in each County where the said Storehouses 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 smith's 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 Colonel 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 Westside 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 Ship Honour's Store was, including the Low Beach for Landing Wharfes, etc. and the Old field where Webber dwelled for Cohabitation. In new Kent County at the Brick-house along the high Land in the old field from Marsh to Marsh. In Gloucester County at tindal's Point, on tindal's Creek side, on John Williams his Land. In Middlesex County on the Westside 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 Westmoreland 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 King's 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 Chewning and the Court-house. In Northumberland County at Chickacony. And Be it further Enacted by the Authority aforesaid, and it is hereby Enacted, That the price to be paid by each County, for each respective Fifty Acres of Land, nominated as aforesaid, shall be ten thousand pounds of Tobacco and Cask, which sum the Owner or Owners thereof, shall be and are hereby constrained to accept, What price the County shall pay for the said fifty Acres of Land. take, and receive, as a full and valluable price and consideration for the said Land for ever; and for which he shall pass and acknowledge an authentic Deed in Law to such person or persons, his or their heirs and assigns for ever, as shall be nominated by the Justices of the County-court, as Feoffees in trust, and to and for the use of the County. And for Encouragement of all and every such person and persons as will build a dwelling House, and a Warehouse thereupon, every such person and persons shall have assigned him or them, by the Justice or Justices of the County Feoffee or Feoffers in the Deed named, or in case of the Death or absence of one or more of them, then by such other as shall be appointed by the Court, Encouragement to such as will build a Dwelling house on the aforesaid Land. one half Acre of the said Land in Fee-simple, he paying to the County one hundred pounds of Tobacco and Cask, and building such Dweling-house, and Warehouse thereupon, as by this Act is enjoined: and in case any person shall desire more than one half Acre, that then there be assigned him one half Acre more in manner aforesaid, he building thereupon one other Dwellinghouse and one Warehouse, and paying the County one hundred pounds of Tobacco and Cask for the same. And it is hereby further Enacted, that every such person or persons as shall desire and purchase such Lands as aforesaid, and shall not begin to build thereupon within three Months after such purchase, and so continue to the finishing such building as by this Act is enjoined, shall forfeit all such Tobaccoes and Land, the same to revert to the County, so as to be Sold and assigned to any other person or persons desiring the same on the prices & Conditions aforesaid. And it is hereby further Enacted that the Surveyor or Surveyors appointed to lay out the said fifty Acres in the several appointed places, Surveyors of the said Land shall be paid by the Public. Their Allowance. be paid and allowed by the Public according to Act of Assembly; and that every Surveyor for Laying out every Dividual half Acre, and giving a Plot thereof, shall be paid by him that shall employ him twenty pounds of Tobacco and Cask, and no more. And such Surveyor as upon timely notice given him shall refuse to survey and lay out the same, or shall demand more than what is herein allowed, upon due proof thereof made, shall pay to the party aggrieved five hundred pounds of Tobacco, to be recovered by Action of Debt in any Court of Judicature. And be it further Enacted by the Authority aforesaid, and it is hereby Enacted, that all Tobaccoes whatsoever which shall be made within this his Majesty's Country from and after the first day of January next ensuing, All Tobaccoes and other Goods and Merchandizes what ever of the growth of this Colony, to be exported shall be brought to the places aforesaid. and all other Goods and Merchandizes whatsoever, of the growth of this Colony to be Exported, shall be brought to the said appointed places, where all such Tobaccoe and all Goods and Merchandizes whatsoever of the growth or production of this Colony, are to be bought, sold, Shipped off and freighted; and whosoever shall presume to Buy, Sell, freight or Ship off any Tobacco or other Goods and Merchandizes aforesaid, next after the time aforesaid, before the same is brought to such appointed places, upon due proof thereof made, shall forfeit, and lose all such Tobacco, or other Merchandizes whatsoever, one half to his Majesty, and the other half to the informer, any Law, Usage, or Custom to the Contrary notwithstanding. And all Goods, Wares, English Servants, Negroes, and other Slaves and Merchandizes whatsoever, that shall be imported into this Colony, Goods Imported shall be Landed and sold there. from or after the 29th Day of September which shall be in the year 1681. shall be landed and laid on shore, bought, and Sold, at such appointed places as aforesaid, and at no other place whatsoever, under like penalty and forfeiture thereof. Provided always that it shall and may be Lawful, for any person whatsoever, to have liberty to buy and Sell between themselves any Horses, Mares, Cattle, Horses, Cattle English grain etc. and other Provisions, excepted. Sheep Corn, English grain, or any other manner of provisions whatsoever; and also liberty to carry Hides to the Tanners, where the Tan-houses are, any thing in this Act to the contrary notwithstanding. And to prevent Exactions that may be used by Sloop-men who must necessarily be employed to bring the said Tobaccoes to the said appointed places, and for the Owners of Warehouses for Storage thereof, it is hereby Enacted, that the Owner of the Tobacco bringing the same to the Waterside, where it is to be taken on Board, Prices appointed for sloop-hire from the said Warc-houses. shall pay for Sloop-hire no more than Twenty Pounds of Tobacco and Cask for each Hogshead, if the said Tobaccoes be within thirty miles of the said Warehouse, to which it is to be brought, and at what distance soever further, forty pounds of Tobacco and Cask for each Hogshead, and no more upon penalty of forfeiting one hundred pounds of Tobacco and Cask for each Hogshead, by him who shall demand, receive or take more, to the use of the Party grieved; and for Storage of any Hogshead of Tobacco in any Warehouse, the Owner thereof shall pay to the Ware-house-keeper ten pounds of Tobacco for the first day, or for a Month, and for every month after six pounds of Tobacco and no more. And whereas there are several persons who are so Remote from Landings proper for taking their Tobaccoes on Board the Soops or▪ Boats for Transporting the same to the appointed places, It is therefore hereby further Enacted, that in case any Person or Persons, Owners of such Lands, which shall be convenient to build a house upon, convenient for securing such Tobaccoes, until the same can be shipped, shall refuse to build such house for securing such Tobaccoes as aforesaid, that in sucb cases liberty be granted, and liberty is hereby granted to any person or persons whatsoever, for so much Land as he or they may conveniently build such fitting house upon, for securing such Tobaccoes, as shall be brought thither in order to transporting the same, to the Warehouses appointed by this Act, he or they who shall desire the same and build thereon according as by this Law is intended, paying to the Owner thereof, such Price and Prices as are set down and ordered to be paid in the Act of Assembly, providing for Lands, for Churches and Mills, and that there be allowed free liberty of ingress and egress to and from such house or houses, not committing any Trespass, Tobaccoes during their Transporting unto, and whilst they are continued in the houses aforesaid are exempt from any Execution or Attachment for Debts contracted before the making this Act. & for encouragement of all that shall Transport their Tobaccoes to the appointed places mentioned in this Act, it is also hereby Enacted, that no Execution, Attachment or other Process in Law, shall be executed or laid upon any the said Tobaccoe● in the time of the Transportation thereof, to the said appointed places, or in the Warehouses for any Debt, contracted before the passing this Act, the party that removes or transports such Tobaccoes having first made Oath before a Magistrate, that he is really and Bona fide Transporting the same to one of the said Warehouses, and for encouragement of Carpenters, sawyer's, Brickmakers, Briclayers, Labourers, and all other Tradesmen whatsoever, that will cohabit, dwell, and exercise their Trades within the said appointed places, or any of them, it is hereby enacted by the Authority aforesaid, that all such persons so inhabiting, shall within the limits and bounds of the several respective places be wholly free from any arrest of their persons, or seizure of their Estates, for such Debts as were formerly contracted for, and during the term of five years to come next after the publication of this Law, Tradesmen who will dwell in the places aforesaid shall be freed from the payment of former Debts of five years. not barring the Creditor or Creditors to sue for, and recover their Debts when the time of five years is expired, any Law, Custom, or Usage to the contrary notwithstanding. And it is hereby further Enacted, that all such Tradesmen, and Labourers cohabiting in the places aforesaid, & not planting tending or making Tobacco, shall be free and acquit from paying any Public Levy during the term of five years from the Publication of this Act. Provided always, and it is hereby meant and intended to be meant, Such persons not Planting Tobacco shall alsobe freed from the pay-men of public Levyes for 5. years. that all such Debts as shall accrue by any bargain or contract made or to be made, within the limits of the said appointed places, or any one of them, immediate Process may be granted thereon any thing in this Law to the contrary notwithstanding, and for the more sure reserving all such Tobaccoes, as shall be brought to the aforesaid Stores or Warehouses, No Collector shall make seizure of any Tobaccoes while in such places for public County, or Parish Levies. to the use and advantage of the Owners thereof, it is hereby further Enacted by the Authority aforesaid, that no Collector or Collectors of Levy or Parish-Tiths shall make distress or seizure of any Tobaccoes in such places for public County, or Parish-Levies or for Sheriffs or Clerks-Fees, but that all Sheriffs and Public Collectors shall be and hereby are enjoined to Collect, and receive the Tobaccoes Due in their Collections as heretofore was usual and the Public or other Creditor to receive the same accordingly. And be it further Enacted by the Authority aforesaid, and it is hereby Enacted, that for the better adnaucement of the Price of Tobacco, and lessening of Freight that no Merchant, Facture, or Adventurer whatsoever, arriving with any Goods, Wares, Servants, Slaves or other Merchandise whatsoever, into this Colony shall presume to buy, Ship off, or Freight any Tobacco whatsoever, from any of the before appointed places at any time or times before the twentieth day of March, 1681. by which time it may be presumed and believed all Tobaccoes whatsoever, which shall be made in this Colony, may be brought to the said appointed places, under the Penalty of forfeiting and losing all such Goods, Wares, etc. and all Tobaccoes so purchased one half to his Majesty, and the other half to him or them that shall or will inform or sue for the same, any Law, Usage or Custom to the contrary in any wise notwithstanding. Persons dwelling within the said appointed places have liberty to sell their Tobacco at any time. Provided always, and it is hereby meant and intended, that this Restriction shall continue two years from the said twentieth of March and no longer. Provided always that notwithstanding any thing in this Act contained, any Inhabitant dwelling within the said appointed places, have liberty to fallen such Goods and Merchandizes as they have of their own at any time. Provided also, and it is hereby Enacted, that if two or more Counties lying convenient to each other, shall within the two months before recited agree together on one common place and Town for each their Counties, and lay out the ground for the same in Common betwixt and amongst them, Where two or more Counties lie conveniently one such Warehouse may serve in Common. and there build houses as by this Act is enjoined that then such one Town so agreed on, appointed, laid out, and built upon, shall serve and be sufficient for such two or more Counties, any thing in this Law to the contrary notwithstanding, and it is hereby further Enacted, that all Magistrates take due care to see this Act be strictly observed and put in Execution. VI An Act Ascertaining Attorneys Fees. Whereas all Courts in this Country are many times hindered and troubled in their Judicial proceed, by the impertinent discourses of many busy and ignorant men who will pretend to assist their Friend in his business, and to clear the matter more plainly to the court, although never desired or Requested thereunto, by the person whom they pretend to assist, and many times to the Destruction of his cause, No Person not licenced by the Governor shall plead as an Atorney in the General or County-Courts and great trouble and hindrance of the court, for prevention whereof for the future, Be it enacted by the Kings most Excellent Majesty, by and with the consent of the General Assembly: And it is hereby enacted by the authority aforesaid, that no Person or Persons whatsoever, shall practise as an Attorney, or appear to plead in the General court, or any County-court in this country, but such as shall be first Licenced by his Excellency, or Successors thereunto, and that any one that shall presume to plead in the General court, or any County or other Court, without such Licence first obtained, and had; shall forfeit for every such Offence committed in the County-court six hundred pounds of Tobacco, The Penalty. and in the general court 2000 pounds of Tobacco, the one half to our Sovereign Lord the King, his Heirs and Successors, and the other half to the Informer, to be Recovered by Action of Debt, Bill, Plaint, or Information in the said court or courts where such Offence shall be committed, and be it further enacted by the authority aforesaid, that no Attorney or Attorneys so Licenced as aforesaid, take, demand or receive from any persons for any cause in the general court, Five hundred pound of Tobacco the Attorney Fee for pleading a Cause in the General Court and 150 for every cause in County-courts. and bringing the same to Judgement, more than five hundred pounds of Tobacco and Cask, and for any cause in the County-court, and bringing the same there to Judgement, more than one hundred and fifty pounds of Tobacco and Cask: and it is hereby declared and enacted, that every Attorney or Attorneys shall have for every cause he undertakes in the general court, five hundred pounds of Tobacco and Cask, and for every cause he undertakes in the County-court, one hundred and fifty pounds of Tobacco and Cask, which he may Lawfully claim without any Pre-agreement, made with the parties for the same, and be it further Enacted by the Authority aforesaid, and it is hereby Enacted, that all such Attorney or Attorneys that shall refuse to plead any cause in the general court for the aforesaid ascertained Fee, of five hundred pounds of Tobacco and Cask, shall forfeit and pay to the person grieved, five hundred pounds of Tobacco and Cask, after Legal conviction on due proof thereof made to be Recovered by due Process of Law, Fine laid on Attorneys Refusing to plead for the Fee aforesaid. and upon Refusal of any cause in the County-Court, shall pay to the party grieved one hundred and fifty pounds of Tobacco and Cask, after legal conviction as aforesaid, to be Recovered by due process of Law. Any Person may notwithstanding plead his own cause. Provided always, that this Act or any clause therein shall not extend to debar any man that is capable of pleading and managing his own cause in any the said general or County-courts, but that he may be permitted and allowed to plead and manage his own business, any thing in this Act to the contrary notwithstanding. VII. An Act Ascertaining the time when Negro-childrens shall be Tythable. WHereas it is deemed too hard and severe, that children as well Christian as Slaves, imported into this Colony, should be liable to Taxes, before they are capable of working. Be it Enacted by the Kings most Excellent Majesty, by and with the consent of the General Assembly, and it is hereby Enacted by the Authority aforesaid, that all Negro Children imported or to be imported into this Colony, shall within three months after the publication of this Law, or after their arrival be brought to the County-Court, where their Age shall be adjudged of by the Judges holding Court, and put upon Record, which said Negro or other Slave so brought to Court Adjudged and Recorded, shall not be accounted Tythable, until he attains the age of twelve years, Negro Children imported shall not be accounted Tythable till 12 years of Age. any former Law, Usuage or Custom to the contrary notwithstanding. And be it further enacted by the Authority aforesaid, and it is hereby enacted, that no Christian Servants imported into this Country, And Christian Servants Imported, not till they are 14. shall be Tythable before they attain to the age of fourteen years, any former Law, Usage, or Custom to the contrary notwithstanding. VIII. An Act Licensing a Free Trade with Indians. BE it enacted by the Kings most excellent Majesty, by and with the consent of the General Assembly, that all former Acts of Assembly Restraining, Limiting and Forbidding Trading with Indians, be and stand hereby Repealed, and they are hereby Repealed; and that henceforth there be a free and open Trade, The time this Act shall continue in force. for all persons at all times and places with our friendly Indians; and that this Act continue in force, until the end of the next Sessions of Assembly. IX. An Act ascertaining Allowance for Cask. BE it enacted by the Kings most excellent Majesty, and with the consent of the General Assembly, and it is hereby Enacted, that from and after the Publication of this Law, the allowance of Cask for Public County and Parrish-Levys, and for Clerks and Sheriffs Fees, be eight per Cent. and no more; Allowance of Cask for Public, and County Levys etc. shall be eight per Cent. and no more. and that all Sheriffs or other Collectors of the same shall allow the Planter or others, eight per Cent. for his Cask, as aforesaid, upon Penalty of paying for refusing so to do, one hundred pounds of Tobacco to the Party grieved, and to whom he shall deny such allowance, on due proof thereof made, to be recovered by action of Debt in any Court of Record, or before one single Justice of the Peace, if the same exceed not Two Hundred Pounds of Tobacco. X An Act for preventing Negro's Insurrection. WHereas the frequent meeting of considerable numbers of Negro-Slaves under pretence of Feasts and Burials, is judged and deemed of dangerous consequence, for prevention whereof for the future; Be▪ it enacted by the Kings most excellent Majesty, by and with the consent of the General Assembly, and it is hereby enacted by the Authority aforesaid, that from and after the Publication of this Law, it shall not be lawful for any Negro or other Slave to carry or arm himself with any Club, Staff, Gun, Sword or any other Weapon of Defence, Negro's shall not go armed nor departed from off their master's ground without Certificate. or offence nor to go or departed from off his Master's Ground, without a Certificate from his Master, Mistress, or Overseer And such permission not to be granted but upon particular and necessary occasions, and every Negro or Slave so offending, not having Certificate as aforesaid, shall be sent to the next Constable, who is hereby enjoined and required to give the said Negro twenty lashes on the bare back well laid on, and so sent home to his said Master, Mistress or Overseer; Resistance of Negroes or any other slaves punished. and it is further enacted by the Authority aforesaid, That if any Negro or other Slave, shall presume to lift up his hand in opposition against any Christian, shall for every such Offence upon due proof made thereof by the Oath of the Party before a Magistrate, have and receive thirty lashes on the bare back well laid on. And it is hereby further enacted by the Authority aforesaid, that if any Negro or other Slave shall absent himself from his master's service, and lie hid and lurking in obscure places, committing injuries to the Inhabitants, & shall resist any person or persons that shall by any lawful authority be employed to apprehend & take the said Negro that then in case of such resistance, Fugitive-Negroes resisting such as are employed to apprehend them may be killed. it shall be lawful for such person or persons to kill the said Negro or Slave, so lying out and resisting; and that this Law be once every six months published at the Respective County-Courts and Parish Churches within this Colony. XI. An Act for Presentation and Delivery of Grievances. FOr as much as it hath been the frequent practice of ill disposed and seditious persons, to deliver to their Burgesses, and they to the Assembly, scandalous and seditious Papers, and to entitle or call them the Grievances of such County or Counties wherein they dwell, neither giving or presenting the same in lawful manner, nor in truth being known to any other of his Majesty's good Subjects, of such County whose Title they bear; Be it enacted by the Kings most excellent Majesty, by and with the consent of the General Assembly, Sberiffs of each County shall before every Sessions of Assembly appoint a time and place for receiving Presentments of Grievances. Such Presentments shall be signed. and it is hereby enacted by the Authority aforesaid, that the Sheriffs of each County shall before every Session of Assembly, appoint a time and place for presenting, giving and receiving all County-Grievances, which shall be signed by the Parties giving the same, and attested by the Clerk of the County-Court. or Chief Magistrate, so to be; and all other private Propositions or particular Ag-grievance shall be signed by the Party delivering the same, or not to be received into the Assembly. XII. An Act prohibiting the exportation of Raw-Hides and Deer-Skins. BE it enacted by the Kings most excellent Majesty, by and with the consent of the General Assembly, and it is hereby enacted, that from and after Publication of this Act, it shall not be lawful for any person or persons whatsoever to export out of this his Majesty's Colony of Virginia, any Untainted-Hides or Deer-Skins, upon the Penalty of paying for every Raw-Hide or Deer-Skin, one hundred Pounds of Tobacco and Cask, that shall be found on Board any Ship, Boat, Sloop or other Vessel, in order to such Exportation, over and besides the forfeiture, of all such Raw-Hides or Deer-Skins so found in exportation; the one half to his Majesty, his Heirs and Successors, and the other half to him that shall make Information thereof; And all Collectors of the two shillings per Hogshead, and penny per Pound Customs, are hereby required and enjoined on every Information and Suspicion of such exportation, to make diligent search and seizure accordingly. XIII. An Act Prohibiting Unlawful Disturbances of Divine Service. BE it enacted by the Kings most Excellent Majesty, by and with the consent of the General Assembly, and it is hereby enacted by the Authority aforesaid, That whosoever from and after the publication of this Act, Any Person that shall disturb the Minister, during the Exercise of his Ministerial Function, shall for the first Offence be fined 200 l. of Tobacco, and 500 for every such Offence after. shall appear in any Church or Chapel within this his Majesty's Colony, whilst the Minister is exercising his Ministerial Function, and shall disturb him by Words or any other manner of means whatsoever, or shall there appear in any unseemly or undecent Gesture, any Justice, Sheriff, or other Officers then present shall put such person or persons so offending under Restraint during Divine Service, who shall also for the first Offence be fined two hundred pounds of Tobacco and Cask. And for every such Offence as shall be by them or any of them committed after in the like Quality, shall be fined five hundred pounds of like Tobacco and Cask, for every such Offence; which Fines shall be Levied by the Sheriff upon the Estate of the person or persons so offending by virtue of a Warrant from a Justice of the peace; and such Justice of the peace that shall refuse or neglect to put this Law into severe Execution, shall be fined five hundred pounds of Tobacco and Cask, to the use of the Parish for every such neglect. XIV. An Act Reviving, and Reinforcing an Act made at JAMES-CITY, the 20 th'. of October, 1665. and putting the same in Due Execution. BE it enacted by the Kings most Excellent Majesty, by and with the consent of the General Assembly, and it is hereby Enacted by the Authority aforesaid, that the eighth Act of Assembly made at JAMES-CITY, the 20th. of October, 1665. Entitled, An Act concerning Indians: Be and hereby is Revived and reinforced, to the end the same be put in due and Effectual Execution. XV. An Act for the well clearing the Heads of the Rivers and Creeks, from Logs and Trees, for the more safe Passage of Sloops and Boats. Whereas the Neglect of clearing the Heads and others parts of Rivers and Creeks, from Logs, Trees, Roots of Trees, and other Rubbish, hath occasioned and endangered the loss of several Sloopes, Boats, Tobaccoes, and Merchandizing Goods, in Carriage thereof, to and from the Ships; for the better prevention thereof for the future, Justices of the Country Courts shall annually appoint the Surveyors of the Rivers and Creeks to clear the same from all trees, Logs, Rubbish, etc. Be it Enacted by the Kings most Excellent Majesty, by and with the consent of the General Assembly, and it is hereby Enacted by the Authority aforesaid, That from and after the Publication of this Law, the Respective Justices of the several County-Courts, do annually in June or July-Courts appoint and order the Surveyors for the Rivers to clear all, and all manner of Logs, Trees, Roots of Trees, and other Rubbish, as may any ways hurt and endanger any Sloop, Boat, or other Vessel, from out of the Respective Rivers, or Creeks heads, or parts of any River or Rivers, Creek or Creeks, within their County, and limited bounds, as Surveyors; which said clearing and Removal of all Logs, Trees, Roots of Trees, and other Rubbish, shall be as aforesaid annually performed, according to the true intent and meaning of this Act, under such pains and penalties for every Delinquent and Offender, as are set down in 97th Act of Assembly, in the Printed Book; Entitled, Such as shall fall Trees into the Rivers and not clear away the same, fined 500 l. of Tobacco. Surveyors for Highways: And if any shall presume to fall Trees into the Rivers or Creeks, and not clear the same, the Offender shall be fined five hundred pounds of Tobacco the first Offence, to the use of the County: And for the second, one Thousand pounds of Tobacco to the use aforesaid. XVI. Additional Fees Ascertained to County-Court Clerks. BE it enacted by the Kings most Excellent Majesty, by and with the consent of the General Assembly, and it is hereby enacted, that Those Additional Fees hereafter set down, over and besides the fees nominated in the Printed Book, be demanded and taken by County-court Clerks, as just fees, and none other, viz. l. Tobacco. For writing a pair of Indentures, if amongst the parties, as they can agree; if bound by the Court. 40. For a Bond. 10. For a Retraxit. 4. For siling, endorsing, Bill, Account, Petition or such like. 3. For all Answers to Petitions, if writ by themselves. 10. If not writ by them, and so for a Petition. 5. For a Warrant by command of Court or Justice. 10. For a Chancery Bill, if written in the way of other usual Petitions, and exceed not one side of a whose Sheet of Paper. 20. If more, every such side 10. Recording the Panel of a Jury, and their Oath 10. Returning and Recording Executions. 10. Returning and Recording Attachments. 5. Recording the Acknowledgement for Satisfaction of a Judgement. 10. For taking Inventories of Estates, at Appraisement, and outcries, if the Clerk be employed he ought to be agreed with for that and his Attendance: or if not agreed with, the Court to award for his pains and trouble as they see cause. For Returning Administrations, and Probates of wills, with their Security, into the Secretary's Office, having a Certificate from the Office, of having so done. 40. For procuring the signing of Administration, and Probates. 10. For writing and Publishing any Persons Departure, or for Stray-horses, or such like, at the Court-house-door, if writ by themselves. 5. For Recording the same. 5. For Acknowledging Land in Court, and Recording thereof, and Copy. 25. For Relinquishing Dowers, and recording thereof 20. For a Caveat. 5. For entering and Returning References on the Docket. 5. For a Quietus and Recording it. 25. For a Bill of Costs. 3. For a private Courts Attendance there. 200. For Attendance at the Executing a Dedimus, and return thereof to the Office. 100 For returning Appeals and Securities. 39 For recording the Issuing an Attachment. 3. And if any Clerk of a County-court shall exact and take greater sums for any Fee then is here, or in the Printed Book, or by any other Law set down and established, and shall be legally convict thereof, Penalty of Clerks exacting greater fees than is here appointed. such Person so offending shall forfeit for every pound of Tobacco so exacted and taken, ten pounds of like, to the Person or Persons so overcharged, to be Recovered by Action of Debt; any Law, Custom, or Usage, to the contrary notwithstanding. XVII. An Act Restraining Striking and Killing Fish at Unseasonable Times. THe Inhabitants and Freeholders of the several Counties of Gloucester, Middlesex and Lancaster, by their Burgesses at this Assembly, complaining that the striking and killing of Fish with Giggs and Harping-Irons, is very prejudicial, injurious, and destructive to themselves in particular, and the whole Country in General: And praying that by a Provincial Law, there may be Restraint put upon such striking and destructive killing of Fish, betwixt the Months of March and November. Be it therefore enacted by the Kings most Excellent Majesty, by and with the consent of the General Assembly, and it is hereby enacted by the Authority aforesaid, that from hence forward it shall not be lawful betwixt the first day of April, and the first day of November, No Person shall strike or kill fish, betwixt the first of April, and the first of November, in the Counties of Gloucester, Middlesex, & Lancaster, upon Penalty of forfeiting 500 l. of Tobacco. for any person or persons whatsoever, to kill or strike any fish whatsoever within the bounds and limits on the Waters or Shores of Gloucester County, Middlesex County, or Lancaster County, with Gigg, Harping-Iron, or any other such like Instrument made, or to be made, of Iron, Wood, or other ways, upon Penalty of forfeiting and paying for every time, such Person shall be lawfully convict thereof, five hundred pounds of Tobacco and Cask, one half to the King's Majesty, his Heirs and Successors, and the other half to him or them that shall inform thereof, and sue for the same, to be Recovered against every such Offender or Offenders, in any of his Majesty's Courts of this Colony of Virginia, by Action of Debt, Bill, Plaint or Information, any Law, Custom, or Usage, to the contrary notwithstanding. At a General Assembly, begun at JAMES-CITY, November 10. 1682. and in the four and thirtieth Year, of the Reign of our Sovereign Lord Charles the Second, by the Grace of God, of England, Scotland, France and Ireland King, etc. I. An Act to Repeal a former Law, making Indians, and others Free. Where by the Twelfth Act of Assembly held at James City, the third day of October, Anno Domini, 1670. Entitled, An Act, declaring who shall be Slaves, it is Enacted, that all Servants not being Christians, being imported into this Country by shipping, shall be Slaves, but what shall come by Land, shall serve, if Boys and Girls, until thirty years of age; if men or women, twelve years and no longer: And for as much as many Negroes, Moors, and Mulattoes and others born of, and in Heathenish Idolatrous Pagan and Mahometan Parentage and Country, have heretofore, and hereafter may be purchased, procured or otherwise obtained as Slaves, of, from, or out of such their Heathenish Conutry by some well disposed Christian, who after such their obtaining and purchasing such Negro, Moor or Mulatto as their Slave, out of a pious zeal have wrought the conversion of such Slave to the Christian Faith, which by the Law of this Country, doth not manumit them or make them free, and afterwards such their Conversion, it hath and may often happen, that such Owner or Master of such Slave, being for some reason enforced to bring or send such Slave into this Country to sell or dispose of, for his necessity or advantage, he the said Master or Owner of such servant which notwithstanding his Conversion is really his Slave, or his Factor or Agent must be constrained either to carry back or export again the said slave to some other place, where they may sell him for a slave, or else departed from their just right and Title to such slave, and sell him here for no longer time than the English or other Christians are to serve, to the great loss and damage of such Master or Owner, and to the great discouragement of bringing in such slaves for the future, and to no advantage at all, of the Planter or Buyer; and whereas also those Indians which are taken in War or otherwise by our Neighbour Indians Confederates or Tributaries to his Majesty and this his Plantation of Virginia, are slaves to them the said Neighbouring Indians that so take them, and by them are likewise sold to his Majesty's Subjects here as slaves; Be it therefore Enacted by the Governor, Council and Burgesses of this General-Assembly, and it is Enacted by the authority aforesaid, that all the said recited Act of the third of October, 1670. Be and is hereby repealed, and made utterly void, to all intents and purposes whatsoever. And be it further Enacted by the authority aforesaid, that all servants except Turks and Moors, whilst in amity with his Majesty, which from and after Publication of this Act shall be brought or imported into this Country, Indian Slaves etc. though afterwards Converted to Christianity, shall not withstanding continue Slaves still. either by Sea or Land, whether Negroes, Moors, Mulattoes or Indians, who and whose Parents and Native Country were not Christians at the time of the first purchase of such servants by some Christian, although afterwards and before such their importation, and bringing into this Country, they shall be converted to the Christian Faith, and all Indians which shall hereafter be sold by our Neighbouring Indians, or any other Trafficking with us, and for as slaves are hereby adjudged, deemed and taken, and shall be adjudged, deemed and taken to be slaves to all intents and purposes, any Law, Usage or Custom to the contrary notwithstanding. II. An Act declaring Indian-Women-Servants Tythables. WHereas it hath been doubted, whether Indian-Women-Servants sold to the English, above the age of sixteen years, be Tythables; Be it enacted and declared, and it is hereby enacted and declared by the Governor, Council and Burgesses of this General Assembly, and the authority thereof, That all Indian-Women are and shall be Tythables, and aught to pay Levies in like manner, as Negro Women brought into this Country, do and aught to pay. III. An Additional Act for the better preventing Insurrections by Negroes. WHereas a certain Act of Assembly held at James City, the eighth day of June, in the year of our Lord, 1680. Entitled, An Act preventing Negroes Insurrections, hath not had its intended effect for want of due notice thereof being taken; It is enacted by the Governor, Council and Burgesses of this Present General Assembly, and by the authority thereof, that for the better putting the said Act in due execution, the Churchwardens of each Parish in this Country, at the charge of the Parish, by the first day of January next, provide True Copies of this and the aforesaid Act, and make, or cause entry thereof to be made in the Register Book of the said Parish, The Act of the eighth of June, 1680. for preventing Insurrections of the Indians, shall be read publicly in all Churches and Chapels of Ease twice every year. and that the Minister or Reader of each Parish, shall twice every year, viz. Some one Sunday or Lordsday in each of the Months of September and March, in each Parish-Church or Chapel of Ease, in each Parish, in the time of Divine Service after the Reading of the Second Lesson, Read and Publish both this present and the aforesaid recited Act, under Pain such Churchwarden, Minister or Reader making default, to forfeit each of them six hundred pounds of Tobacco, one half to the Informer, and the other half to the use of the Poor of the said Parish. And for the further better preventing of such Insurrections by Negroes or Slaves; Be it likewise Enacted, No person shall permit any Indian or Slave, not belonging to him, to continue on this Plantation above four hours without leave of the said Indians or slaves Master. and it is hereby Enacted by the authority aforesaid, that no Master or Overseer, shall at any time after the twentieth day of January next, knowingly permit or suffer without the leave or licence of his or their Master or Overseer, any Negro or Slave not properly belonging to him or them, to remain or be upon his or their Plantation above the space of four hours, at any one time contrary to the intent of the before recited Act, upon pain to forfeit being thereof lawfully convicted before some one Justice of the Peace within the County where the Fact shall be committed, by the Oath of Two Witnesses at the least, the Sum of two hundred pounds of Tobacco in Cask, for each time so offending, to him or them that will sue for the same, for which the said Justice is hereby impowered to award Judgement and Execution. iv An Act Prohibiting the Exportation of any Iron, Wool, Wolfels, Skins, Hides, or Leather. Whereas it is found by experience that Iron, Wool, Wolfels' Skins and Hides, Tanned or Untanned, of any Deer, Ox, Steer, Bull, Cow, or Calf, are very necessary and profitable for the use, and support of the Country, and would be found profitable for the setting to work many men women and children in this Country, which lie idle for want of Employment, some naked for want of such Necessaries as might be wrought out of the same, which they are kept from by Reason of the great quantities of them Yearly exported out of the Country, to the great Impoverishment of the Inhabitants thereof; for the better preventing and avoiding such Losses and Inconveniencies that have happened, and do and may happen to this Dominion, by and through the carrying and conveying away, the Exportation and Transportation of Iron, Wool, Woolfs-Skins, or Hides Tanned or Untanned, of any Deer, Ox, Steer, Bull, Cow or Calf, out of and from this Country, and for the better setting on work the poorer and weaker sort of People of this Country, and to the intent that the full and best use and benefit of such principal Native Commodities, may come and redound, and be unto and amongst the Inhabitants of the same, the House of Burgesses now assembled, do pray that it may be enacted, and be it enacted, by the Governor, Council, and Burgesses of this General Assembly, and by the Authority of the same, That no person or persons whatsoever, from and after the first day of January next, shall directly or indirectly, export, transport, carry, or convey, or cause to be exported, transported, carried or conveyed out of, or from the Dominion or country of Virginia, into any parts or places out of the same, any Iron, Wool, Wolfels, Skins, or Hides, or any manner of Leather, Tanned or Untanned, of any Deer, Ox Steer, Bull, Cow or Calf, nor shall directly nor indirectly load or lay on board, or cause to be loaden or laid on board, in any Ship, Sloop, Boat or other Vessel, in any place or port within this Dominion; any such Iron, Wool, Woolfels, Skins, or Hides, Tanned or Untanned, of any Deer, Ox Steer, Bull, Cow or Calf, except only such Hides and Iron as shall appear by the Oath of the Owner, to be directly transporting to some Tanhouse or Smiths in this Country, to be there wrought up. And be it further enacted, by the Authority aforesaid, that all and every the Offender and Offenders, Offence and Offences aforesaid, shall be Subject and Liable to the Respective Pains Penalties, Forfeiture of Iron, Wool, Hides, etc. (Tanned or Vntanned) put on Board for Exportation. and Forfeiture hereafter following, (that is to say,) the said Iron, Wool, Woolfels, Skins, or Hides, or any manner of Leather, Tanned or Untanned, of any Deer, Ox, Steer, Bull, Cow, or Calf, so put on board, to be Exported, Transported, carried, conveyed, or loaden, contrary to this Act, shall be forfeited; and that every Offender and Offenders therein, shall forfeit forty pounds of Tobacco, for every pound of Wool, and Woolfels, and one hundred and fifty pounds of Tobacco, for every Skin or Hide, or any manner of Leather Tanned or Untanned, of any Deer, Ox, Bull, Cow or Calf; and Ten Pounds of Tobacco for every pound of Iron, and also the Owner or Owners, of such Ship or Vessel, knowing such Offence, shall forfeit all their Interest in the said Ship or Vessel, with all their Apparel and Furniture, to them and every of them belonging, and the Master, Penalty upon such as are privy thereto. Marriner or Seamen thereof knowing such offence, or being aiding or assisting thereunto, shall forfeit all their Goods and Chattels, and have Imprisonment for the space of three months without Bail or Mainprize, the one Moiety of which said Penalties and Forfeitures, shall be to the King's Majesty, his Heirs and Successors, and the other Moiety to him that will sue for the same, by action of Debt, Bill, Plaint or Information in any Court of Record, wherein no Essoin, Protection or wager of Law shall be allowed. And be it further enacted by the authority aforesaid, That every offence that shall be done or committed contrary to this Act, shall and may be enquired of, heard, examined, tried and determined in the County, where such Iron, Wool, Wolfels, Skins, or Hides, or any manner of Leather Tanned or Untanned, of Deer, Ox, Steer, Bull, Cow or Calf, respectively shall be so loaden or laid on Board as aforesaid, contrary to this Act, or else in the County where such Offender shall happen to be apprehended or arrested for such Offence, in such manner and form, and to such effects to all intents and purposes, as if the same had been wholly and altogether committed at, and in such County. Provided always, and be it Enacted by the authority aforesaid, that no person or persons whatsoever, shall at any time hereafter, be impeached for any offence aforesaid, unlsss such person or persons shall be Prosecuted within two years' next ensuing such offence committed. Prosecution shall be made within two years after the Offence committed. And be it further Enacted by the authority aforesaid, that it shall and may be lawful, to and for any person or persons, to seize, take and challenge to his and their own use and behoof, and to the use of the King, his Heirs and Successors, all and all manner of such Iron, Wool, Woolfels, Skins or Hides, Tanned or Untanned, of Deer, Ox, Steer, Bull, Any Person may make seizure of such Iron, Wool, Hides, etc. as are found on Boaod for exportatien, and shall have the Moiety thereof for so doing. Cow or Calf, as he or they shall happen to see, find, know of, or discover to be laid on Board of any Ship or other Vessel or Boat, to the intent and purpose to be exported, or conveyed out of the Country, contrary to the true meaning of this Act, and that such person or persons that shall happen to seize, take or challenge any such Iron, Wool, Woolfels, Skins or Hides, Tanned or Untanned, of Deer, Ox, Steer, Bull, Cow or Calf, as aforesaid, shall have the full Moiety thereof to all intents and purposes. And be it further enacted by the authority aforesaid, that whatever person or persons, shall from and after the first day of January next, sell or dispose, vend or barter, to or with any Merchant not being an Inhabitant of this Country, or to or with any Master of, or Mariner, or other person, belonging to any Ship, Vessel, Boat or Sloop, any Iron, Wool, Woolfels, Skins or Hides, or any manner of Leather Tanned or Untanned, of any Deer, Ox, Steer, Bull, Cow or Calf, the person or persons so offending, (and being thereof lawfully convicted) shall forfeit and pay for every Hide, or any manner of Leather Tanned or Untanned, of any Deer, Ox, Steer, Bull, Cow or Calf,, one hundred pounds of Tobacco, and for every pound of Wool or Woolfels, twenty pounds of Tobacco, and for every pound of Iron, five pound of Tobacco sold, so disposed or battered as is aforesaid, the one half to his Majesty, his Heirs and Successors, and the other half to him or them that will sue for the same, by Action of Debt, Plaint or Information, in any Court of Record, wherein no Essoin, Protection or wager of Law shall be allowed or granted. And for the better putting this Act into Execution, Be it enacted by the authority aforesaid, that all Justices of the Peace in every Respective County, Justices of Peace shall sue Warrants to the Sheriffs or other Officers to be assisting in the seizure in case of Opposition. be required and enjoined upon notice to him or them given, of any Skins, Iron, Wool, Woolfels, Hides, Tanned or Untanned, of any Deer, Ox, Steer, Bull, Cow or Calf, being on Board any Ship, Sloop or Vessel, or of any opposition, resistance, made in the seizure thereof, to issue out his Warrant, to the High-Sheriff, Under-Sheriff, Constable or other Officer Requiring them to go on board such Ship, Sloop, or Vessel, and there to make diligent search and seizure of the said Hides, Skins, Iron, Wool, Woolfels, or any Leather, Tanned or Untanned, found on board the Ship, Sloop, or Vessel; or if any Justice or Justices of the peace, upon Request to him or them made, Refuse or Neglect to Issue out Warrant, or any Sheriff, under-Sheriff, or other Officer, shall Refuse to execute such Warrant, he or they so offending, shall forfeit three thousand pound of Tobacco and Cask; or if any person or persons, Penalties upon such Justices, Sheriffs, and others as shall not give due obedience to this Act. shall upon command made to him in his Majesty's Name, refuse to be aiding or assisting to such Sheriff, or other Officer in the Execution of such Warrant, every such person so offending, shall forfeit the sum of one thousand pounds of Tobacco with Cask, one half of all such Fines and Forfeitures to be paid to the King's Majesty, and the other half to him or them that will inform to be recovered as is before directed; And it is further Enacted by the authority aforesaid, that every Collector in this Country, shall at the entry of every Ship or Vessel, acquaint every Master of such Ship or Vessel with this Act, and enter a particular clause in the condition of their Entry-Bond, for the performance of the same. Provided always, and it is the true intent and meaning of this Act, that if any person or persons, shall hereafter be sued or impleaded by virtue hereof, for the breach of any clause or prohibition herein contained upon the Forfeitures or Penalties herein before mentioned, expressed or provided, that then and in such case such person or persons so prosecuted, sued or impleaded, shall not be liablebe subject to be sued, impleaded or Prosecuted by any other Law heretofore made or provided against the exportation of any of the Hides, Iron, Wool, Skins, or other things herein before enumerated, any other or former Law, The time this Act shall continue in force. Custom or Usage to the contrary notwithstanding. Provided also, that this Act shall continue in force until the tenth day of November, which shall be in the year of our Lord, 1685. and from thence, to the end of the next Session of Assembly. V An Act Directing how Commissions of Dedimus Potestatem, and other Writs, shall Issue. WHereas the present course of signing Commissions of Dedimus Potestatem Writs of Execution, and Attachment by the Governor, in causes depending in the General Court, is found by experience to be very Burdensome and grievous to Suitors, the Burgesses now assembled do pray, That it may be enacted, and be it enacted, by the Governor, Council, and Burgesses of this present General Assembly, and by the Authority thereof, that all Writs or Commissions to examine witnesses called Dedimus Potestatem, A Dedimus Potestatem, may be signed by any Member of the Council. at the Request of either of the Parties, Plaintiff, or Defendant in any cause now depending, or which shall or may hereafter depend in the General Court, shall and may be issued and signed by any one of the Honourable Council in such Form, and according to such Rules and Directions as are by Law already prescribed and laid down, and that all writs of Execution, and writs of Attachment awarded by any Order or Judgement of the said Court, shall and may be issued forth of the Secretary's Office, by the Clerk there attending, and for that purpose authorized by the Secretary, and by him signed, without putting the parties to the trouble of attending, Writs of Execution and Writs of Attachment how to issue. or sending to the Governor for his sign, as hath been formerly used, and all such writs to be Returnable to the Secretary's Office, any former Law, Custom or Usage, to the contrary notwithstanding. VI An Act Repealing the sixth Act of Assembly, of June, 1680. about Attorneys. FOrasmuch as the sixth Act of Assembly made at James-City, the 8th. day of June, 1680. concerning Attorneys, is found inconvenient, Be it therefore enacted, by the Governor, Council, and Burgesses of this General Assembly, and it is enacted by the Authority aforesaid, that the aforesaid Act of Assembly, and every clause thereof, from henceforth be Repealed, and made Void. VII. An Act Disbanding the present Soldiers in Garrison, in the Forts, at the Heads of the several Rivers; as also, for the Raising of other Forces in their stead. WHereas the present Garrisons in the several Forts, built according to an Act of Assembly, held at James-City, the 8th day of June, 1680. Entitled, An Act for Continuation of the several Garrisons and Fortifications at the heads of the four great Rivers; are by experience found very burdensome, and chargeable to the Country, and forasmuch as the apprehensions of Dangers, from the Incursions of certain Indian-Enemies, induced that Assembly to erect those Forts, and place those Garrisons in them; are for the most part removed by peace, concluded with those Indians then our Enemies; the House of Burgesses now assembled, do pray, that it may be enacted, and be it enacted by the Governor, Council and Burgesses of this General Assembly, and by the authority thereof, that the several Forts and Garrisons be dismantled, and the Forces, Officers, and Soldiers therein, and in each of them disbanded, some time between this and the 30th. day of this instant December, and that each Officer and Soldier by the time aforesaid, do actually deliver up his Horse, Arms and Furniture, to the Respective Owners of them; and forasmuch as it may be dangerous and of evil Consequence, to leave the frontiers of the Country, and heads of the aforesaid Rivers, altogether ungarded; it is hereby enacted, that twenty men well furnished with Horses and all other Accoutrements, be raised and listed in each of the Counties of Henrico, New-Kent, Rappahannack, and Stafford, Twenty Men well furnished with Horses shall be raised in each County viz. of Henrico, New-Kent, Reppahanuack and Stafford. of such Housekeepers belonging to the said Counties, as shall voluntarily offer themselves for this Service, and for want of such or so many Housekeepers that then the said Number shall be made up of such freemen as shall willingly offer themselves, and give security to the Militia-Officers of that County, to perform all services and other things, as by this Act is enjoined them, but in case such twenty men, qualified as aforesaid, shall not be found in each of the said Counties, than it shall and may be Lawful for the Militia-Officers of the said Counties, to impress such and so many men furnished as aforesaid, as shall be wanting to complete the number required by this Act; and his Excellency the Governor General, or in his absence the Right Honourable the Lieutenant, or Deputy Governor is hereby desired to make choice of, and commissionate some fit and able Person, in each of the aforesaid Counties, who is a Housekeeper, therein to command, lead, train, conduct, and exercise the said Twenty soldiers to be raised in the said County, of which he shall be appointed and commissionated, by his Excellency the Governor General, the Lieutenant or Deputy Governor, as is aforesaid. And it is further enacted, That the chief Officers of the Militia in each of the said Respective Counties, shall make choice of the most able and fittest person, out of such twenty men, as to them shall seem most fit and convenient to be Corporal of the said Troop of that County, who in the absence of the Captain of the Troop occasioned by sickness or otherwise, is to Led, Train, Command, and Exercise, the said Troop, or Company of Twenty Men; and be it enacted by the Authority aforesaid, That the pay of each Officer and Soldier shall be as followeth, to the Captain of each Troop, finding himself Horse, Arms, Ammunition and Provision, eight Thousand pound of Tobacco, with Cask, out of the Public Levy, for one whole year, and so after that Rate for a shorter or longer time; The Captain of each such troop consisting of 20 men, shall have 8000 l. of Tobacco and Cask per Annum. To the Corporal of each Troop, Three Thousand Pounds of Tobacco with Cask, as aforesaid for one whole year, and so after that Rate, for a longer or shorter time, to each Soldier finding himself Horse, Arms, Furniture, Provision, Ammunition, and other necessaries as aforesaid, two thousand pound of Tobacco in Cask, as aforesaid, and so after that Rate, Corporals and private Soldiers pay. for a longer or shorter time. And be it enacted by the authority aforesaid, that each Captain, or in his absence, his Corporal shall once every Month, Muster, Train, Exercise, Instruct, and Discipline the Troop or Soldiers under his Command, The said troops shall be trained and Exercised once a Month. on pain to forfeit five hundred pounds of Tobacco in Cask for every time, he shall neglect such Muster or Exercise, unless occasioned by sickness, and that every Captain, or in his absence, occasioned by sickness, his Corporal shall at the lest once in every fourteen days, Range and Scout, And shall once in every 14. days range & scout about the frontiers of the County for which they serve. about the Frontiers of the County, for which they serve, and in such other places as shall be most likely for the Discovery of the Enemy, under pain of forfeiting for every time, he shall neglect such Ranging and Scouting, one Thousand pounds of Tobacco and Cask; and that every Soldier that shall neglect or omit to appear at such Muster, shall forfeit one hundred pounds of Tobacco in Cask, and for not Scouting and Ranging as aforesaid, two hundred pounds of Tobacco and Cask, for every such default; all which Forfeitures to be Recovered by Action of Debt, by him or them, that will inform, the one half to the Informer, and the other half to the use of the County. And be it further enacted, by the auhtority aforesaid, that upon Notice, Advice, or Discovery of the Approach or Attempt of any Enemy, the said Captain or Corporal of the Troop, is hereby Required to give speedy Advice thereof, to some one or more of the chief Officers of the Militia, The Captain of the said troop upon approach of any Enemy, shall give Notice thereof to the Officers of the Militia. and he or they to his Excellency the Governor, the Right Honourable the Deputy Governor, or some one of the Honourable Council; and in the mean time, to observe and attend the Motion of the Enemy only, unless he shall obstinately persist to commit Acts of Hostility, and in such cases of Necessity to engage or destroy them, if he see cause; and in all things to attend and execute such Orders and Commands as he shall receive from the Governor and Council. And it is further enacted, That for their better Management, and Ordering their Horses, and making them fit for service, no Soldier presume to use or bring to service any other Horse, then that only which shall be first Mustered, and approved of, of which each Captain is to take such Particular Notice as that he may know the Horse again, unless in case such Horse shall be by some accident made unfit for service, in which case such Soldier may provide himself of another able Horse in his stead, which he is likewise not to part with, unless for his first Horse again: and this Act to continue in force for three years, from the first day of January now next ensuing. Provided always, and be it enacted by the Authority aforesaid, That the aforesaid Recited Act of the 8th. of June, 1680. Entitled, An Act for the Continuation of the several Garrisons and Fortifications at the Heads of the four great Rivers, be Repealed, and it is hereby Repealed for three years, under his Majesty's good Liking, and after until his Majesty's Pleasure, shall be signified to the contrary, any thing herein to the contrary notwithstanding. VIII. An Act imposing further Penalties upon any person or persons that shall Publish, or Declare that the Acts of Assembly of Virginia are not of force. THis Assembly taking into their serious consideration, that divers ill disposed persons, wickedly intending to invalid the Laws of this Country, and bring them into contempt and disrepute, have moved and stirred certain doubts, whether there be any Laws in force and efficacy, so as to be binding to his Majesty's Subjects, being in this his Majesty's Dominion of Virginia; for preventing of such mischiefs, Be it enacted by the Governor, Council and Burgesses of this General Assembly, and it is hereby Enacted and declared, That if any person or persons shall at any times after the Publishing this Present Act, maliciously and advisedly publish and declare, by words or writing, the Acts of Assembly of Virginia, not repealed, expired, vacated or annulled by the Kings Most Excellent Majesty, are not of force, or binding within this his said Majesty's Dominion, to all his Majesty's Subjects inhabiting, or being therein, such person or persons so offending, shall be adjudged, deemed and taken to be factious and seditious, and contemners of the Laws, and being thereof lawfully Convicted, shall for the first offence be fined one Thousand Pounds of Tobacco, and suffer one months' Imprisonment, without Bail or Mainprize; and for the second offence, Two Thousand Pounds of Tobacco, and two months' Imprisonment, and for every such offence after, double the Penalties and Forfeitures aforesaid, one half of which Forfeitures to the King's Majesty, his Heirs and Successors, and the other half to the Informer, to be recovered by action of Debt, in any of his Majesty's Courts, in this his Majesty's Country; which said Penalties are to be added and imposed over and besides all other Punishments that may be legally inflicted on such Offenders. IX. An Act Repealing an Exception in the 9th Act of Assembly, made Anno 1664. WHereas the 9th Act of Assembly made at James City, the twentieth day of September, 1664. Entitled, An Act concerning Arrests in Court-time, exempt the Inhabitants of James-City-County from the benefit thereof, leaving them liable to Arrests in time of General Courts and Assemblies, which is found injurious to many of the Inhabitants of the said County; Be it therefore enacted by the Governor, Council and Burgesses of this General Assembly, and it it enacted by the authority aforesaid, that the latter clause of the said Recited Act, whereby the Inhabitants of the said County are excepted out of the said Act, The Inhabitants of James-City-County, freed from Arrests, during the General Assembly. be repealed and made void, and that the Inhabitants of the said County, have equal benefit of the said Recited Act, with the other Inhabitants of this Country. Provided always nevertheless, that this Act shall not extend to the Inhabitants of James-City, but that they and every of them, shall be liable to Arrests in Court-time, as though the Exception in the said Act of Assembly, But not the Inhabitants of James-City. Anno 1664. did still remain in full force, any thing in this Act before mentioned to the contrary notwithstanding. X. An Act that Witnesses be free from Arrests. FOr as much as many Persons Summoned or Subpenaed as Evidences in Causes depending in the Courts of this Country many times fail in appearing, for fear of being Arrested, when they appear at Courts as Witnesses, whereby many times many Inhabitants of this Country lose their Suits and just due; Be it enacted by the Governor, Council and Burgesses of this General Assembly, and it is enacted by the Authority aforesaid, that from henceforth all Persons Subpenaed as Evidences, or Witnesses in any Cause or matter depending in any Court in Virginia, shall be free from Arrests for any Debts or Trespass, except at the King's Suit, during their Attendance at Courts, and their direct coming to Court, and Returning Home. XI. An Act for the Encouragement of the Manufactories of Linen and Woollen Cloth. BE it Enacted by the Governor, Council, and Burgesses of this General Assemby, and it is hereby Enacted by the Authority aforesaid, That what person or persons soever shall produce to the County-court, where he or they shall Reside, a Certificate under the hands of two Justices of the Peace of the same County, (whereof one to be of the Quorum) that such Person or Persons have produced to them upon Oath, of his or their own Growth or Manufacture, a greater or lesser Quantity of Flax Seed, Hempseed, or either of them, shall have given and allowed him or them for encouragement to persist in so useful a Manufacture for every peck of flax-seed, four and twenty pounds of Tobacco, and for every Peck of Hempseed, twenty pounds of Tobacco, for which the County-Court is impowered to give every person or persons Certificate thereof, 24 l. of Tobacco allowed by the public for every peck of Flax-Seed, of the Growth of the Country, and 20 l. of Tobacco for every peck of Hempseed. attested by their Clerk, which shall be a sufficient proof to the General Assembly to order the said person or persons their said encouragement out of the Public Levy; provided such Certificate from the Justices to the County-Court, be filled at the Court, and fixed up there, to the intent that all persons whatever, may have a view of the same. And be it further Enacted by the authority aforesaid, that what person or persons soever, shall by his industry of his own growth and manufacture work up his flax and Hemp, fit for the spindle, and produce the same to the next County-Court, Allowance for Flax or Hemp wrought. or make the same appear by Certificate as aforesaid for every pound so wrought up either of Flax or Hemp, he or they shall be allowed two pounds of Tobacco for his or their encouragement by the Public, and a Certificate thereof shall be given from the said County-Court, to the General Assembly, which Certificate shall be a sufficient proof for him, to be allowed out of the Public Levy. And be it further Enacted by the authority aforesaid, that for the further and better encouragement of the aforesaid Manufacture of Hemp and Flax, and for the working up our Wool into Cloth, that every person that shall make or cause to be made, the said Hemp or Flax, so wrought to the Spindle as aforesaid into Linnen-Cloth, that such person or Persons shall be allowed for every Ell of such Linen, that shall be three quarters of a yard wide or more, six pounds of Tobacco, and for every yard of Woolen-Cloth or Linsey Woolsey of the like breadth six pounds of Tobacco, to be paid by the Public; Allowance for the same made into Cloth, also for Woollen Cloth, and for Linsey-Woolsey. such person or persons producing the said Linen or Woolen-Cloth, or Linsey Woolsey to the County-Court, where he or they shall reside, who are hereby required and empowered to examine and inquire, and take proof, that the said Linen, or woollen, or Linsey-Woolsey, are of their proper growth and manufacture, and accordingly Certify the same to the next Assembly, which Certificate shall be received as proof to the Assembly, for the allowing thereof, out of the Public Levy. And whereas it is well hoped, that by the encouragement aforesaid, there will be such great quantities of Flax-Seed, and Hempseed, produced in this Country, as will abundantly furnish the Inhabitants for the end and's purposes hereafter mentioned, and that the Inhabitants be remembered carefully to provide themselves seed the next ensuing year for the year following; Be it further enacted by the authority aforesaid, That every Tythable Person that shall be in the Country in the year 1684. according as he is usually noted, or set down in the List of Tythables, 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. shall make or cause to be made, one pound of Dressed Flax, and one pound of dressed Hemp, or two pounds of either, and yearly, and every year thereafter, under the Penalty of fifty pounds of Tobacco, for every pound of Flax or Hemp neglected or omittted to be made as aforesaid, the same to be paid, the one half to the County, the other to the Informer, by such Master, Owner, or Overseer, of any family or company of Servants or any other Tythable that shall be found to neglect or omit as aforesaid, & for the better discovery of such neglect or omission, that all Masters, Owners, or Overseers, who have the charge of Families, and company of Servants and other Tythables, shall at some convenient time before the laying of the Levy in the Respective Counties, The Penalty of a Default. produce before some Justice of the Peace of the County, the aforesaid quantity of Hemp, or Flax, as is herein enjoined to be made, and the same deliver upon Oath, which Oath the said Justice is hereby impowered to administer, that the Flax or Hemp so produced, is of his own growth and manufacture. And be it further enacted by the authority aforesaid, Allowance by the Public for Hats made of Wool or Furr of the growth of this Country. that there shall be allowed and paid out of the Public Levy, for every wellwrought Hat, made of Wool or Furr in this Country to the maker thereof, ten pounds of Tobacco; and for every dozen pairs of men's or women's woollen or worsted Hose, twelve pounds of Tobacco, to be proved and certified in such manner and form, as in this Act before is expressed, for Linen and Woolen-cloth. The time this Act shall continue in force Provided always nevertheless, and it is the true intent and meaning of this Act, that this Law shall continue in force, until the tenth day of November, which shall be in the year of our Lord 1685. and no longer, any thing in this Act before contained to the contrary notwithstanding. XII. An Act for the Advancement of Manufactures of the growth of this Country, and for the better and more speedy payment of Debts and Levies. FOr encouragement of Manufactures and improvement of Commodities of the growth of the Country, and also ascertaining the Rates and Prices Be it enacted by the Governor, Council and Burgesses of this General Assembly, that all Debts either in Money or Tobacco, contracted after publication hereof in this his Majesty's Colony and Dominion of Virginia, where the Debtor upon demand of the Creditor, cannot pay the same in specie or kind, and shall upon his Oath declare before some one Justice of the Peace, (which Oath the said Justice is hereby impowered and required to administer) the sum of money or quantity of Tobacco he hath here or elsewhere, and shall make tender of so much toward payment of his Debt that then and in such case it shall and may be lawful for every such Debtor to make payment of his Debt or the Remainder thereof in the Commodities and Manufactures of this Country hereafter mentioned, Debts may be paid in Commodities of the growth and Mnnufocturos of this Country. at the Rates and Prices hereafter following, viz. Tobacco at ten shillings per Cent; Wheat, English Pease, and Galavances, at four shillings, or forty pound of Tobacco per Bushel; Barley, Oates, and all other Indian Pease, at three shillings seven pence farthing, or thirty six pound of Tobacco per Bushel; Indian Corn shelled, two shillings, At what Rates such Commodities shall be valued. or twenty pound of Tobacco per Bushel; Flax from the break or Swingle, seven pence farthing, or six pound of Tobacco per pound; Hemp rended, pealed, or braked, four pence three farthings, or four pound of Tobacco per pound; Wool washed before shearing, nine pence three farthings, or eight pound of Tobacco per pound; Butter six pence, or five pound of Tobacco per pound; Tallow four pence three farthings, or four pound of Tobacco per pound; Fresh Pork with head, feet, and leaf, or without, twelve shillings, or one hundred and twenty pound of Tobacco per Cent; Fresh Beef, ten shillings, or one hundred pound of Tobacco per Cent; Inch Plank for one thousand foot, fifteen shillings, or one hundred and fifty pound of Tobacco; Tar in Barrel, cont. thirty two Gallons, fifteen shillings, or one hundred and fifty pound of Tobacco; Pipe-Staves per thousand, to the Cent. three pound, or six hundred pound of Tobacco; Hogshead-Staves per thousand, to the Cent. two pound eight shillings, or four hundred and eighty pound of Tobacco; Barrel-Staves per thousand, to the Cent, one pound thirteen shillings seven pence farthing, or three hundred thirty six pound of Tobacco Buck-Skins dressed, each two shillings four pence three far things, or twenty four pound of Tobacco; undressed one shilling two pence farthing, or twelve pound of Tobacco; Doe-Skins dressed, each one shilling nine pence halfpenny, or eighteen pound of Tobacco, Undressed, eleven pence, or nine pound of Tobacco. Which Commodities must be at the time of tender, good, sound, wholesome, and Merchantable, in their kind; and if any difference happen therein, the same shall be determined by two of the Neighbourhood, appointed and required thereunto, Vhis' Act extends not to quit Rents, & Customs. How long this Act is to continue in force. by the next Justice of the Peace. Provided: and it is hereby enacted and declared, that this Act or any thing therein contained, doth not extend to the Quitrents or other his Majesty's Dues or Customs. Provided always nevertheless, and it is the true intent and meaning of this Act, that this Law shall continue in force, until the tenth day of November, which shall be in the year of our Lord, 1685. and no longer, any thing in this Act contained, to the contrary notwithstanding. XIII. An Act for the Public Levy. BE it enacted by the Governor, Council, and Burgesses of this General Assembly, and the Authority thereof, that the sum of eighty nine pounds of Tobacco be paid by every tythable Person within this his Majesty's Colony and Dominions of Virginia, for the payment and defraying of the public charge of the Country, being the public Levy for this present year, and that it be paid by the collectors of the several counties, to the several Persons, to whom it is proportioned by this Present General Assembly. FINIS. AN ALPHABETICAL TABLE A Accounts. ACcounts against Dead men's Estates, Page. 70. Balancing Accounts of Deceased Persons, ibid. Accounts against Dead men's Estates, shall be admitted in Discount; Page. 71. Accounts shall not be pleadable after Three years by persons living in the Country, Page. 179. Actions and Arrests. Actions shall be proportioned to the number of Twenty for each day, Page. 17. No Arrest without Entry of Action first made, Page. 27. Sheriff's shall take sufficient Bail of Persons Arrested, Page. 35. No Arrest shall be made on Sundays, Page. 43. Nor on the Thirtieth of January or Twenty-ninth of May, Page. 44. Prison-breakers, Felons, etc. excepted; ibid. Actions proportioned to the Forenoon and Afternoon, Page. 127. No Arrest shall be served at James City during the General Assembly, nor Five days before and after, except upon persons dwellng in James City-County; Page. 130. Sheriff's Fees for Arrests, Page. 175. Inhabitants of James City-County freed from Arrests during the General Assembly, Page. 295 Acts. No Act of Court or Proclamation shall contradict an Act of Assembly, Page. 66. All Acts for Encouragement repealed, except the Act releasing the Imposition of Two Shillings per Hogshead to the Inhabitants of this Colony; Page. (148.) All Acts of Assembly made during Bacon's Rebellion repealed, Page. 199. An Act declaring the year 1676 to be out of the Statute of Limitations, Page. 227. An Act of Free and General Pardon, Indemnity, and Oblivion; Page. 246. Persons excluded from the benefit of the said Act, Page. 248. An Act for Raising a Public Revenue for the better support of the Government of this Colony, Page. 254. Penalties upon such as shall publish or declare that the Acts of Assembly are not of force, Page. 294. Address. An Act for an Address and Supplication to the King's Majesty, Page. 190. Levies for carrying on the same, Page. 191. How to be raised, ibid. Administrations, etc. To whom Administrations shall be granted, Page. 48. Administrations shall not be granted till Nine Months after the Parties decease, ibid. Administrators shall give in Security to the Court, Page. 49. Amerciaments. Amerciaments in General and County Courts stated, in the former 50 l. of Tobacco per Cause, in the later 30 l. Page. 23. An Account to be kept of Amerciaments, ibid. Sheriff's shall collect Amerciaments, ibid. An Act disposing Amerciaments upon cast Actions, Page. 208. Ammunition. An Act for supply of Ammunition, Page. 86. Every person able to bear Arms, shall keep in his house a Gun, 2 l. of Powder, and 8 l. of Shot; ibid. An Act for supply of Ammunition, Page. 148. Each County impowered to make By-Laws for the provision of necessary Ammunitition at the Charge of the County, ibid. An Act for the supply of Arms and Ammunition, Page. 185. Captains of Foot and Horse to take an account of what Arms and Ammunition are wanting; Page. 186. An Account thereof shall be given to the County Courts, ibid. Levies to be raised by the County Courts, for providing of Ammunition in their respective Counties; ibid. What Ammunition shall be provided, ibid. Appeals. How Appeals shall be made, Page. 21. When they shall be made to the General-Court, Page. 22. Provisoes in Case of Appeals, ibid. In what Cases only Appeals shall be made from Northampton-County; ibid. No Appeals from County-Courts to the General-Court, save only in Cases Criminal, ibid. Appeals to the General or County Courts, when Physicians or Surgeons, are unreasonable in their Demands; Page. 68 Defendants in Appeals shall give security to Answer the Appeal, Page. 110. Damages given in County-Courts, upon Appeal to the General Court, if cast there, shall be raised 50 per Cent. Page. 158. Appraisement. Appraisement of Goods Seized, by whom; Page. 37. Goods shall remain in the Plaintiffs Possession, till after Appraisement; ibid. Allowance for Appraisement, and for Funeral Charges, Page. 51. Things Impressed, shall be Appraised by two Men of the Neighbourhood; Page. 222. Artificers, Tradesmen, etc. Artificers not planting Tobacco, freed from the payment of Levies for three years; Page. 42. But shall pay double Levies in case they Claim the benefit of this Act and Transgress, Page. 43. Handicraftsmen shall pay Levies, Page. 114. The Rates of Smiths, Armourers, etc. ascertained, Page. 176. Artificers to be paid by the County, and the County reimbursed, ibid. Artificers, Merchants and Trades-man, above the Age of Sixteen, shall pay Levies; Page. 189. Tradesmen dwelling in the places appointed for County-Warehouses, freed from the payment of former Debts for Five years; Page. 265. Also from public Levies, if they plant no Tobacco; ibid. Assemblies. Assemblies to inquire after the breach of Laws, Page. 66. Notice to be given to the people by Proclamation, when the Assemblies are to be Adjourned; Page. 128. Attorneys. No Commissioner, Clerk or Sheriff, shall Plead as an Attorney, in that Court wherein he Officiates; Page. 38. Attorneys out of England shall give security to pay Costs and Damages, if cast in Law, Suits; Page. 63. No person not being Licenced by the Governor shall Plead as an Attorney, in the General or County Courts; Page. 267. Any person may notwithstanding Plead his own Cause, Page. 268. Five hundred pounds of Tobacco the Attorneys Fee for pleading a Cause in the General Court, and One hundred and Fifty for every Cause in County Courts; ibid. Fine laid on Attorneys for refusing to Plead for the Fees aforesaid, ibid. Avisare Volumus, Page. 19 B. Baptism. THe Penalty of refusing to have Children Baptised, Page. 106. Baptism of Slaves doth not exempt them from Bondage; Page. 155. Bills and Bonds. Bills and Bonds of persons Deceased, how long recoverable, Page. 63. Damages upon protested Bills of Exchange, shall not exceed 15 per Cent. Page. 150. Notes of dead persons, how far Pleadable against their Estates, Page. 184. Births shall be Registered, Page. 11. Boats and Sloops. Against private taking away of Boats, Page. 85. No Boat shall go on Board a Vessel newly Arrived, before the said Vessel send on Shoar, Page. 177. Such as shall impress Boats, etc. shall produce their Warrants for so doing to the Owners thereof; Page. 222. Sloop-hire from the County-Warehouse to the Water side; Page. 264. Bounds. Bounds betwixt the English and the Indians to be fixed, Page. 99 Commissioners shall view the same Annually, ibid. Bounds of this Colony on the Eastern-Shoar, Page. 118. Counties and Parishes to be Bounded, Page. 133. Burgesses. Writs for Election of Burgesses, shall be read publicly in Churches, Page. 38. Freemen neglecting to give their Votes at the Election of Burgesses, fined 200 l. of Tobacco; Page. 39 The Secretary shall convey Writs to the Sheriffs of each County for the Election of Burgesses, Page. 64. Two Burgesses from each County, ibid. One for James City in particular, ibid. Burgesses shall appear on the precise day of the return of the Writ, Page. 65. Burgesses shall not be Arrested unless the Assembly be adjourned for above a Month, Page. 66. Each County shall send two Burgesses, Page. 164. None but Freeholders' and Housekeepers, shall have a voice in Elections of Burgesses, Page. 168. Penalties on Counties not sending two Burgesses, Page. 171. Expenses of Burgesses regulated, Page. 211. The Allowance Burgesses shall have, during their Attendance at the Grand Assembly, Page. 212. Burials. Private Burials prohibited, Page. 9 Places to be set apart for public Burials, Page. 10. Burials shall be Registered, Page. 11. C. Cask. THe Size of Virginia Hogsheads, Page. 84. Virginia Hogsheads shall be 43 Inches in length, and the heads 26 Inches over; ibid. Allowance of Cask for Public and County Levies, etc. shall be 8. per Cent. and no more; Page. 271. Castle Duties. Castle Duties to be paid, Page. 94. Half a pound of Powder and three pound of Leaden Shot per Tun, and 6 d. per Poll, payable for Castle Duties, ibid. An Act concerning Castle Duties, Page. 113. Virginia-Owners exempted from Castle Duties, Page. 163. Cessation. The Act for a Cessation from Planting Tobacco from the First of Feb. 1666, to the First Feb. 1667. declared to remain in force, Page. 140. Debts due the Cessation Year to be paid one half down, and time to be allowed for the other half, Page. 143. Valua ion of Commodities for payment of public Duties during the Cessation from Planting, Page. 144. Children. Mulatto Children to be Bond or Free according to the Condition of their Mother, Page. 111. Poor Children to be provided for, Page. 181. Provision for Children when Persons die Intestate, Page. 185. When Negro Children shall be accounted Tythable, Page. 269. Church. A Church to be built in each Parish, Page. 3. In small Parishes Chapels of Ease, ibid. Church Catechism only to be used, Page. 6. Land allotted for building of Churches, Page. 156. Churchwardens. Churchwardens shall present Recusants, Page. 7. — Shall make Presentment of Misdemeanours twice in the Year, Page. 9 What Crimes they shall make Presentment of, ibid. Churchwardens shall keep the Churches in repair, and provide Ornaments, Page. 10. — Shall Collect the Minister's Dues, ibid. Surgeons. Surgeons Accounts regulated, Page. 68 Surgeons Accounts Pleadable after decease of the Party, Page. 69. Circuit. The Governor or two of the Council whom he shall commissionate, to go the Circuit yearly, Page. 21. Clerks. The Clerk shall issue Subpoenas, Page. 23. When he shall issue a Subpoena, and when a Dedimus Potestatem, ibid. Clerk's Fees to be paid, Page. 101. Clerk's Fees shall be pleadable 3 years, ibid. County Court-Clerks Fees, Page. 102. Clerk of the Assemblies Fees, Page. 104. No person shall be a Justice of the Peace, or High Sheriff and Clerk of the County at the same time, Page. 203. The County Clerk may depute the High-Sheriff or Under-Sheriff to enter Action, ibid. Additional Fees ascertained to County-Court-Clerks, Page. 278. Penalty of Clerks exacting greater Fees than is appointed, Page. 280. Cloth. Allowance made by the Public for every Yard of Linen and Woollen Cloth made of the product of the Country, Page. 79. An Act for the Encouragement of the Manufacture of Linen and Woollen-Cloth, Page. 296. Allowance made by the Public for Linen or Woollen-Cloth of the Growth and Manufacture of the Country, Page. 297. College or Free-School. Page. 12. Lands shall be taken up or purchased for that use, Page. 13. Compositions. Private Compositions for Damages sustained in the Rebellion, prohibited, Page. 215. Contracts. No Master shall make any Contract with his Servant before his Service be expired, unless with the Approbation of some Justice of the Peace, Page. 202. Conveyances. An Act against Fraudulent Conveyances, Page. 56. Conveyances of Estates shall be acknowledged before the Governor at the General Court, or before the Justices at County-Courts, ibid. Such Conveyances shall be Registered within 6 Months, or otherwise shall not be good in Law, ibid. Who are exempted from this Act, ibid. Conveyances made in England shall be Recorded in the Secretary's Office, Page. 110. Council. Members of the Council of State may sit in any Court in Virginia, Page. 204. Allowance to Councillors attending at General Courts, Page. 205. Cocquets. The price of Cocquets ascertained, Page. 200. One half penny per Hogshead payable for all 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, etc. 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 withove 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 public Warehouse may serve in common between them, Page. 266. Courts. Courts formerly called Quarter Courts, to be hence forth styled General-Courts, Page. 14. Rules for the beginning, continuance, and proceed in Courts, Page. 15. How the Style of the Court shall be entered, ibid. Warrants for Proceed in Courts to be issued by the Clerk, Page. 16. How long Courts shall sit each day, Page. 18. Criminal Causes shall be tried only at the General Courts, and on the Fourth day, Page. 20. County-Courts appointed, and how to be form, 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 entering the Style 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 allotted 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 Freeholders' and Housekeepers 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 men's Estates, but such as were contracted within One year before their decease, Page. 239. Declaration. Plaintiff shall file his Declaration three days before the day of Hearing, Page. 18. Defendant shall put in his Appeal to the Plaintiffs 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. Babbling 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 Governor, shall suffer a years Imprisonment, without Bail, etc. 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 Subpoena, 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. Proceed in case of an Execution for Debt, and what relief may be had therein; Page. 124. Executions issuing upon Judgement granted by the Assembly, shall be drawn by the Clerk, and signed by the Governor; 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 Colony without Certificate; Page. 46 Against Exportation of English-Goods; Page. 87. Mares and Sheep, not to be Transported, ibid. Exportation of Iron, Wool, Wollfells, Skins, Hides or Leather, prohibited; Page. 285. F. Fasts, etc. 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 Cornfields 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 Hempseed, 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 public for every Peck of Flax-seed of the growth of the Country, and Twenty pounds of Tobacco for every Peck of Hempseed; 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, etc. 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 anew, 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. Garrisons. FOur Houses for Stores and Garrisons, ordered to be built at the public Charge, Page. 229. Places where they shall be Built, ibid. The Dimensions thereof, ibid. Necessaries to be provided for the said Storehouses, and the persons appointed to procure the same; Page. 230. The proportions of Men, which the several Counties shall send to the Garrisons; Page. 233. Each Garrison shall be supplied with a good Boat and Oars, Page. 234. Four of the Neighbouring-Indians to each Garrison shall attend there, ibid. Ammunition to be kept in Garrisons for store, Page. 235. An Act for the continuation of the several Fortifications and Garrisons at the heads of the Four great Rivers; Page. 257. Each Garrison to have Twenty Soldiers, besides the Chief Commander, Page. 258. Persons entrusted to make Provision for the Soldiers belonging to the Garrisons; ibid. Their Allowance, ibid. Five months' Provision to be laid in for each Garrison; Page. 259. Grievances. An Act for presentation and delivery of Grievances, Page. 273. Sheriffs of each County shall before every Session of Assembly appoint a time and place for receiving Presentments of Grievances; Page. 274. Such Presentments of Grievances shall be signed, ibid. H. Hats. ALlowance by the Public, for Hats made of Wool or Fur of the growth of the Country, Page. 298. Hides and Skins. Prices to be allowed for Hides, Page. 82. Hides not to be exported, Page. 83. Such as sell Hides for exportation fined 1000 l. of Tobacco for every Hid so sold, Page. 115. An Act prohibiting the exportation of Raw-Hides and Deer-Skins, Page. 274. Hides and Skins, shall not be exported upon penalty of Forfeiture, Page. 285. Hogs. Licences for hunting of Wild-Hogs, Page. 54. Stealers of Hogs shall pay Two hundred pound of Tobacco, half to the Owner, and half to the Informer; Page. 88 Or else shall serve two years, one to the Owner, and one to the Informer, ibid. Hog's belonging to Indians shall have a particular mark signifying to what Town they belong, Page. 194. An additional Act for the better preventing Stealing of Hogs, Page. 236. Persons the Second time convicted of Stealing Hogs, shall stand in the Pillory with their Ears nailed thereto; ibid. And the third time shall be prosecuted as Felons; ibid. Horses. Stray-Horses, Page. 82. Stray-Horses, Cattle, etc. shall within a Month after they are taken up, be cried publicly in all the Churches and Chapels of the County; Page. 83. What is to be done in case the Owner be not found, ibid. The Act levying Money on Horses, for Encouraging the kill of Wolves, repealed, Page. 131. No Horses or Mares to be exported upon penalty of Seizure, Page. 162. I. Impositions. IMposition of Two Shillings upon every Hogshead of Tobacco shipped for Exportation, Page. 90. Imposition of 10 s. per Hogshead, Page. 93. Inhabitants of this Country trading on Bottoms belonging to Virginia-Owners, freed from payment of the 10 s. per Hogshead; Page. 94 An Imposition of 2 s. per Hogshead upon Tobacco exported, Page. 112. Upon default of payment to be confiscated, Page. 113. The Imposition of 10 s. per Hogshead repealed; Page. 134. Who are exempted from the payment of Two Shillings per Hogshead, Page. 260. Impress. The price for the Hire of things Impressed, shall be ascertained, Page. 223. Wages allowed to men impressed for the Public, or County-Service, ibid. Rates allowed for Horses impressed, ibid. Horses dying or being killed or disabled in the Country's Service, the Justices and Militia-Officers may Impress others in their room; Page. 231. Indians. Acts concerning the Indians, Page. 96. No Englishman shall make purchase of any Lands now justly claimed or actually possessed by the Indians, Page. 97. No Injuries shall be done to the Indians, ibid. The Indians shall be assisted in making a Fence, ibid. Poor Indians permitted to Fish for Oysters and gather wild Fruits, provided they come not Armed, Page. 98. None shall buy or receive any Commodities of the Indians without Licence, ibid. Differences arising in Trading with the Indians, shall be referred to the Governor, ibid. No person shall Imprison an Indian King without Licence from the Governor and two of the Council, Page. 99 Indians shall not come within the Bounds of the English without Badges, ibid. Indian Kings who are Tributary to the English, shall acquaint them of any Invasion they know of intended by any strange Indians upon this Colony, Page. 100 Penalty of harbouring Run-away-Indians, ibid. None shall entertain any of the Neighbouring Indians for Servants, without Licence from the Governor, Page. 101. None of the English shall entertain Indians without Badges, Page. 120. Whosoever shall sell Arms to the Indians, shall for the first offence be fined 10000 l. of Tobacco, and for the second be prosecuted as a Felon, Page. 132. An Act concerning Murders committed by the Indians, Page. 134. The Weromance, or Chief Commander of the Indians shall be chosen by the Governor of Virginia, Page. 135. None shall entertain Indians without Licence from the Governor, ibid. Indians and Negro may buy their own Natives but not Christians, Page. 168. Indians permitted to come into Henrico-County, Page. 174. Trade permitted with the Indians, Page. 217. At what places and times Marts or Fairs shall be held for Trade with the Indians, ibid. H●w long such Marts or Fairs shall continue, ibid. Penalty upon such as shall Trade with the Indians at other places or times than is appointed, Page. 218. Account shall be taken of what is bought and sold at such Fairs, ibid. Indians resorting to the said Marts or Fairs shall not come Armed, Page. 219. An Act for Defence of the Country against the Incursions of the Indians, Page. 229. An Act Licensing a Free-Trade with the Indians, Page. 270. The time the said Act shall continue in force, ibid. An Act concerning Indians, made October 20th 1665, reinforced, Page. 277. Indian-Slaves, etc. though afterwards converted to Christianity, shall continue Slaves still, Page. 283. Indian-Women Servants Tythable, Page. 284. The Act of the 8th June 1680, for preventing Insurrections of the Indians appointed to be read publicly in all Churches and Chapels of Ease twice every year, Page. 285. No person shall permit an Indian or Slave not belonging to him to continue upon his Plantation above four hours at a time without leave of the said Indians, or Slave's Master, ibid. Informers. The Informer shall have the half of all Fines, Page. 123. Interpreters made to the Country, Page. 104. Iron not to be Exported upon penalty of Forfeiture, Page. 285. Judgements. Acknowledgement of a Debt before two Commissioners, shall be accounted in the nature of a Judgement, and Execution shall issue in case of Nonpayment, Page. 45. Judgement upon return of Non est Inventus, Page. 107. Juries. Juries shall be chosen out of the Neighbourhood, Page. 20. The manner of proceeding by Juries in Cases Criminal, ibid. What allowance Jurymen shall have for their Charges. ibid. Juries appointed as well in County Courts as in the General Court, Page. 30. Grand Jury shall in each County twice in the year make Presentments, Page. 31. Delinquency of Grand Juries Fined, Page. 214. Justices of the Peace. In what case a Justice of the Peace may grant Attachments, Page. 130. Justice's shall not take Fees, Page. 150. Justices of the County-Courts shall not Levy Tobaccoes upon the people for their Accommodations and Expenses whilst they are keeping Court, Page. 193. Any two Justices of the Quorum may sign Probates of Wills and Letters of Administration, Page. 204. Justices of Peace neglecting to Impannel Grand Juries, fined 2000 l. of Tobacco, Page. 214. L. Land. lands of Persons intestate, Page. 13. How persons claiming Land by Importation of Servants must prove their Title, Page. 52. Deserted Lands, Page. 53. No Deserted Land shall be taken up by Patent till after the term of 3 years, without Order obtained of the Governor and Council, ibid. Seating upon others Dividends, ibid. Such as have built upon Lands supposed their own, but upon Survey prove to belong to another, shall have the charge thereof allowed by the Right Owner, ibid. Or else shall purchase the Land, Page. 54. Twelve Men upon Oath are to decide any Controversy arising thereupon, ibid. Cattle shall not be fetched off another Man's Land till after notice be given him thereof, ibid. Five years peaceable possession of Land shall confirm a Title thereto, Page. 55. The Lands of Widows, Orphans, and persons of unsound mind, and of such as live out of the Country, excepted, ibid. Land shall be plainly Marked and Bounded, Page. 58. Bounds of Land shall be every four years renewed by the View of the Neighbourhood, Page. 59 Bounds of Land once settled by the consent of the Proprietors, shall take off all claim to future alteration thereof, Page. 60. An Act declaring what is meant by seating of Land, Page. 151. Building a House and keeping a Stock One whole Year upon Land shall be accounted a sufficient sea●ing thereof, ibid. Sale of Land made by Husband and Wife shall stand good in Law, Page. 195. Leather may not be Exported, Page. 285. Letter. How Public Letters shall be conveyed, Page. 67. Extraordinary Charges in conveying Public Letters shall be allowed by the County. ibid., Levies. Public Levies shall be first paid, Page. 39 Councillors of State, and ten persons of their Family exempted from payment of Levies, Page. 42. Some others exempted, ibid. Governor and Council have power to raise a Levy for defraying the Country Debts and Salaries, Page. 43. Who only are exempted from the payment of Public and County Levies, Page. 206. Liquors. An Act regulating the Prices of Liquors, Page. 206. Justices of the Peace to appoint the Prices of Liquors twice in the year, Page. 207. Liturgy of the Church of England shall be read in Churches, Page. 8. M. Manufactures. AN Act for Encouragement of Manufactures, Page. 296. An Act for the advancement of Manufactures and for the better Payment, of Debts and Levies, Page. 298. Debts may be paid in Commodities of the Growth and Manufacture of the Country, Page. 299. At what Rates such Commodities shall be valued, ibid. Marriages. Marriage to be performed by none but Mistress, Page. 8. Marriage shall not be Solemnised till after publishing of Banes or Licences, ibid. How Licences for Marriage shall issue, Page. 11. Fees for such Licences how to be levied, Page. 12. Against secret Marriages, Page. 72. Servants may not marry without producing Certificates from their Masters, Page. 73. Certificates for Marriages shall not be granted without the consent of the Parent or Guardian, Page. 169. Mary-Land to concur in the Cessation, Page. 142. Tobacco of Mary-Land growth to be free from Duties, Page. 154. No Vessels belonging to the Inhabitants of Mary-Land shall unload in any part of Virginia without Entry first made, upon penalty of forfeiture of the said Vessel and Cargo, Page. 245. Masters. Cruelty of Masters prohibited, Page. 76. One Years sorvice to be given for striking a Master or Mistress, Page. 77. An Act limiting Masters dealing with their Servants, Page. 201. Militia. Such as refuse to appear on the days appointed for the Exercise of the Militia, fined 100 pounds of Tobacco, Page. 153. Private Soldiers pay, Page. 231. The Captains pay to be 1200 l. of Tobacco and Cask per Month, Page. 232. The Lieutenants pay 850 l. of Tobacco and Cask per Month, ibid. The Cornets and Surgeons Pay, ibid. Corporals and Trumpeters pay, Page. 233. What Indian Prisoners or Plunder the Soldiers shall take shall be free Purchase; Page. 235. Soldiers maimed or disabled in service, shall have an Annual Pension, Page. 236. Twenty Men well furnished with Horses, shall be raised in each of the Counties of Henrico, New-Kent, Rappahannock, and Stafford; Page. 291. The Captain of such Troop to have 800 l. Tobacco per Annum, Page. 292. Corporals and Private Soldiers Pay, ibid. The said Troop shall be trained and exercised once a Month, ibid. And shall range and scout about the Frontiers of the County for which they serve, once every Fortnight, Page. 293. Millers and Mills. An Act against Exacting Millers, Page. 86. Miller's shall receive in Corn, and deliver it out by Statute Weights and Scales; ibid. Penalty upon Miller's Exactions, Page. 87. An Act concerning Millers, Page. 149. An Act encouraging the Building of Mills, Page. 156. Miller's shall take but one Eighth part for grinding English Corn, and one Sixth for Indian, Page. 173. Minister. Glebes to be laid out and a House built for the Minister, Page. 4. — His Maintenance to be worth 80 l. per Annum besides Perquisites and Glebes, ibid. Minister shall not officiate without producing Testimonials that he received Orders of some Bishop of the Church of England, Page. 5. Ministers to provide Readers, ibid. Ministers shall preach weekly, Page. 6. And shall administer the Sacrament at least twice in the year, ibid. Ministers or Readers shall keep Registers, Page. 11. Minister to have 5 l. allowed him for his attendance at General Courts, Page. 206. Ministers exempted from payment of Public or County Levies, ibid. Any person who shall disturb the Minister during the Exercise of his Ministerial Function, shall for the first Offence be fined 200 l. of Tobacco and 500 l. for every such Offence after; Page. 276. Money. The Exportation thereof prohibited, Page. 84. Pieces of Eight shall pass for 5 s. currant, ibid. No person shall export above the sum of Forty Shillings, ibid. Mulberry Trees. Ten Mulberry Trees shall be planted upon every 100 Acres of Land holden in Fee, Page. 80. N. Naturalisation. AN Act for Naturalisation, Page. 252. The Governor may Naturalise such Foreigners as shall seat themselves in this Colony, ibid. Negroes. Negro-women though enjoying the privilege of Freedom, not exempted from the payment of Taxes, Page. 159. Birth of Negro and Mulatto Children and Slaves born in Virginia, shall be registered, Page. 179. Runaway Negro and Slaves shall be pursued by Hue and Cry, Page. 182. Runaway Negro, Mulatto-Indians, Slaves or Servants for life, resisting may be killed, ibid. And the Master or Owner of such Negro, etc. shall receive satisfaction of the Public, ibid. At what Rates such Negroes and Slaves shall be valued, ibid. An Act for preventing Negroes Insurrections, Page. 272. Negro's shall not go armed, nor departed from off their Master's 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 Public Notary appointed, Page. 96. O. Offices. NO person not born in Virginia shall be capable of bearing Office there till he has dwelled Three years in the Country, 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 tippling-houses; Page. 160. Not above one or two Ordinaries or tippling-houses to be in each County, ibid. Except on Great Roads, Ports, etc. 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. Orphan's 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. Orphan's Land not to be Aliened, Page. 52. Timber upon Orphan's 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 Orphan's Estates, Page. 178. The Bounds of Orphan's Lands to be laid forth, and by whom, Page. 187. An Act for securing Orphans Estates, Page. 241. Administrators of Orphan's Estates shall give good security, Page. 242. P. Parish Levies. AN Act for the more equal laying of Parish Levies, Page. 209. Six able Housekeepers may assist the Vestry in assessing of Parish Taxes, ibid. Passes. No Master of a Ship shall transport any person out of this Colony, 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, etc. 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 Country; ibid. Inhabitants that shall entertain Preaching-Quakers to be Fined, Page. 117. Quitrents. Quitrents shall be collected by the Sheriff, Page. 40. — They shall be paid in Tobacco or Money, ibid. Quitrents 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 Public Orders, except only the Clerks of the Office, or whom else the Secretary shall appoint; ibid. The Clerk's 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, etc. 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, etc. — 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. Runaways. 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 Runaways, Page. 122. Pursuit of Runaways to be made at the County Charge, ibid. Such as shall entertain Runaways fined, Page. (146) Corporal punishment may be Inflicted on Runaways, Page. 158. The Rewards for apprehending of Runaways limited, Page. 165. How Masters are to deal with Runaways, Page. 166. The Duty of Constables in conveying Runaways to their Masters, ibid. The Neighbouring Indians required to seize Runaways, Page. 182. The Recompense 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. Secretary's 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. Servant's 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 time Servants coming in without Indentures shall serve, Page. (146.) An Act concerning Servants sold for the Custom, Page. 180. Seizure. Seizures of Tobaccoes' due to the Public, regulated, Page. 203. No Seizure shall be made of Tobacco, while in the County-Warehouse, for Public, County, or Parish Levies, Page. 265. Siezure to be made of Iron, Wool, Hides, etc. shipped for exportation, Page. 288. Shooting. No person shall Shoot or Range upon another's Land, without leave of the Proprietor, Page. 54. Shooting off Guns at Drink or Marriages forbidden, Page. 85. Shoes. Rates to be allowed for Shoes, Page. 82. Sheriffs. Sheriffs to Impannel Juries, Page. 20. One of the Commissioners of each County shall be chosen Sheriff thereof, Page. 34. Sheriff's shall hold their Office the term of One whole Year and no longer, ibid. Under Sheriff, ibid. Sheriffs not making timely Returns fined 1000 l. of Tobacco, Page. 35. Sheriffs Return of ●a Non Est Inventus, Page. 36. Sheriff's shall give Security to the County Commissioners for the faithful discharge of their Office, Page. 45. Sheriff's Fees, Page. 103. The Penalty of Sheriffs making false Returns, Page. 105. Sheriffs neglecting to take Bail, or consenting to the Escape of the Prisoner, shall pay the Award of the Court and be fined 1000 l. of Tobacco, Page. 154. Sheriffs to be fined for concealing Tythables, Page. 219. Ships and Vessels. Fifty Pounds of Tobacco per Tun allowed by the Public for all Vessels built in this Colony, Page. 81. Masters of Ships shall take in Four months' Provision, Page. 89. — Shall give sufficient Allowance of Diet to Passengers, and take care that Poor Servants have good Lodging, ibid. Masters of Ships shall give an Account of their Freight upon Oath, to the Collectors of the Imposition of 2 s. per Hogshead, Page. 91. Masters of Ships concealing any part of their Freight, fined 100 l. Sterling, ibid. Master's shall give an Account of the Burden of their Vessels, and a List of their Passengers to the Collectors of Castle Duties, Page. 94. Ships arriving in James River shall be brought up to James City, Page. 95. Such Vessels as belong solely and wholly to the Inhabitants of this Colony, freed from payment of the 2 s. and 10 s. per Hogshead, Page. 96. Ships permitted to ride in any part of the River where they may most conveniently unload, Page. 158. What Fees shall be taken for Vessels built in Virginia, and belonging wholly to the Inhabitants thereof, Page. 201. An Act ascertaining Collectors Fees for Entering and Clearing Ships, Page. 240. All Ships or Vessels whatever, coming to this Colony, shall for every Tun Burden pay half a Pound of Powder and Three Pound of Shot, or 1 s. 3 d. Money in lieu thereof, Page. 255. Six pence per Poll payable for all persons Imported (Mariners excepted) ibid. Silk. Fifty Pound of Tobacco allowed by the Public for every pound of Wound Silk, Page. 80. Encouragement to make Silk, Page. 164. Slaves. Slaves Resisting when corrected, if they chance to be killed, their death shall not be accounted Felony, Page. 161. All Servants Imported, not being Christians, shall be Slaves during life, Page 172. But those that come by Land for a time limited, ibid. Storehouses. Fifty Acres of Land in each County shall be set apart to Erect Storehouses upon, for the use of the said County, Page. 261. Places appointed in each County where they shall be built, ibid. What Price the County shall pay for the said 50 Acres of Land, Page. 262. Encouragement to such as will build a Dwellinghouse on the aforesaid Land, ibid. The Surveyors of the said Land shhll be paid by the Public, Page. 263. All Tobaccoes and other Goods and Merchandizes whatever of the growth of this Colony to be Exported, shall be brought to the County Warehouses, ibid. Goods Imported shall be landed and sold there, ibid. Persons dwelling in the said appointed places, have liberty to sell their Tobaccoes at any time, Page. 266. Sunday to be kept holy, 6. Divine Service and Preaching shall he diligently attended, ibid. Suits. What Damages are allowed in case of Litigious Suits, Page. 170 Supersedeas. Shall be granted only by the Governor and two of the Council, Page. 32. Surveyors of Land. What Prices shall be allowed to Surveyors of Land, Page. 57 No Surveyor shall give a Plot of any Land surveyed by him, till six Months after the drawing thereof, Page. 58: Surveyors Fees ascertained, Page. 145. The Fees formerly allowed to Surveyors doubled, ibid. Surveyors refusing to measure Land at the Rates appointed, to be fined, ibid. Swamps and Marshes. Who may take up Swamps and Marshes, Page. 183. The Method to be followed therein, Page. 184. T A Tann-house to be Erected, Page. 81. Timber. An Act restraining the Impress of Timber, Page. 221. Persons empowered to impress Timber, shall first make Composition or Agreement with the Owners thereof, Page. 222. Two Men of the Neighbourhood shall value Timber to be impressed for Public service, in case the Owner be unreasonable in his Demands, ibid. Tythables. How the Lists thereof shall be taken, Page. 40. Each County shall be divided into several Precincts for the more exact discovery of Tythables, ibid. T●●b● Duties shall be paid for every Tythable person concealed, ibid. What Persons are Tythable, Page. 41. Who are liable to the payment of Taxes and who are exempted, ibid. womans Servants working in the Ground Tythable, Page. 111. An Act for the more exact Discovery of concealed Tythables, Page. 121. Masters of Families fined who shall conceal Tythables in their Families, ibid. Lists of Tythables shall be put up at the Court D●●r, Page. 168. Persons appointed by the County Courts, shall take Lists of Tythables, Page. 178. An Act allowing Free Tythables to divers persons repealed, Page. 205. Every Forty Tythables shall be assessed to fit and set forth One Horseman well Armed. Page. 230. Provision to be allowed such Man and his Horse for four Months, Page. 231. The Militia Officers of each County, to proportion a division of the Tythables in their said Counties; ibid. Negro-childrens imported, shall not be accounted Tythable, till Twelve years of Age, Page. 269. Christian Servants imported, shall not be Tythable till Fourteen years of Age; Page. 270. Tobacco. Tobacco due shall be demanded betwixt the Tenth of October and the last of January; Page. 62. No Tobacco to be planted after the Second of July, Page. 78. No Seconds or Slips, ibid. Ground-leaves of Tobacco shall not be Packed up for Sale, ibid. The Inhabitants of Northumberland and Westmorland-Counties, shall give an account how many Hogsheads of Tobacco they made, and to whom sold; Page. 92. Creditors to demand and receive their Tobacco by the last of January, Page. 138. Difference between the Debtor and Creditor, whether the Tobacco tendered be Merchantable or no, to be decided by an Umpire; ibid. The marking of Tobacco alone,, declared to be sufficient for transferring the property thereof, Page. 159. An Act limiting times for receipt and payment of public Tobaccoes; Page. 202. The Inhabitants of Potomack River, and the Eastern Shoar, permitted to ship their Tobacco without Certificate, Page. 240. An Act prohibiting the Importation of Tobacco into this Colony, Page. 242. Two Shillings to be paid for every Hogshead of Tobacco exported, Page. 254. Tobaccoes during their Transporting unto, and so long as they continue in the County-Warehouses, are exempt from any Execution or Attachment for Debts contracted before the making of this Act; Page. 265. Trade. Free-Trade, Page. 83. Trade permitted with the Indians, ibid. But not for Beavor, Otter, or any either Furs without Commission, ibid. An Act for encouragement of Trade and Manufacture, Page. 260. Treason. Nath. Bacon Junior attainted of High-Treason, Page. 248. Trespass. Satisfaction in case of Trespass, Page. 59 Damages allowed for Trespass, Page. 167. V Vagabonds. AN Act for suppressing them, Page. 181. The Laws of England to be put in Execution against Idle and Vagrant Persons, ibid. Vestries appointed, Page. 3. The Vestry to consist of Twelve Men chose by the major part of the Parishioners, ibid. Such as come on the Vestry shall take the Oaths of Allegiance and Supremacy, Page. 4. Vestries shall take care of the Highways, Page. 61. W. Highways. THe Justices shall yearly appoint Surveyors of the Highways, Page. 91. Highways shall be kept clear, and Bridges in good repair, ibid. Penalty of Felling Trees on the Highways or encroaching upon the same, ibid. Warrants. At what time Warrants are to be served, Page. 17. Constable's shall obey Commissioners Warrants, Page. 170. A Weaver. To be provided and Loom set up in each County within Two years, Page. (145.) Weights and Measures. English Weights and Measures shall be used in this Colony, Page. 47. Every County shall be provided with Weights and Measures from England, ibid. Widows. Widow to have one Third of the Estate (Debts being first paid) the other Two Thirds to be divided amongst the Children, Page. 49. Estates of persons dying Intestate to be divided into Thirds, and the Widow to have her Thirds, and choice after the Division, Page. 129. Widow's shall be endowed with a Third part of Estates Real, Page. 185. Witnesses. The Non-appearance of Witnesses finable in case of a Dedimus Potestatem, Page. 25. Charges allowed to Witnesses, ibid. Number of Witnesses limited, Page. 26. Witnesses Subpoena'd to give their Evidence upon Oath, Page. 108. Refusal to give Evidence punishable by Imprisonment, ibid. Witnesses allowed 30 l. of Tobacco per Diem if they come 20 Miles or upwards to James City, Page. 193. And Sixty Pound of Tobacco per Diem for their Expenses during their Attendance there, ibid. Witnesses shall be free from Arrests, Page. 295. Woolves. The Reward for killing of Woolves, Page. 44. To be paid by the County, ibid. County Courts shall make By Laws for Rewarding the kill of Woolves, Page. 146. The Act encouraging the kill of Woolves Repealed, Page. 171. Particular Counties Authorized to make By-Laws for the kil●●ng of Woolves, Page. 210. Wool. Shall not be Exported upon Penalty of Forfeiture, Page. 285. Woollen. Vide Cloth. FINIS.