I. Church to be built, or Chappel of Ease.

BE it Enacted for the Advancement of Gods 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 Countrey, 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 joyned to the great Parish of the same County,Small Pa­rishes to have Chappels of Ease. and that a Chap­pel 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 Chappels, Provision for the Poor, Maintainance 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 Church-wardens year­ly, [Page 4] 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 Majesties Instructions.His Main­tainance to be worth 80 l per Annum besides his Per­quisites and Glebe. And that such Provision be made for his Maintainance in the valuable and cur­rant Commodities of the Countrey, 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 Countrey but such as shall produce to the Governour a Testimonial that he hath [Page 5] 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 Governour 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 publickly or privately, the Governour and Council are hereby desired and impow­ered to suspend and silence the Person so offending: And upon his obstinate persistence to compel him to de­part the Countrey 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 Catechisme 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 then 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 Admini­stred at least twice in the year.THat the Minister of every Parish preach constantly every Sunday: Viz. One Sunday in a Month at each Chappel 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 prophaned.

The Lords 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 Prophanation of that day:Divine Ser­vice and Preaching to be diligently attended. But that all and every person and persons inhabiting in this Countrey, 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 [Page 7] 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 Church-Wardens, who are to Collect the same with the Parish Levies: Provided always, That this Act conclude not Quakers or other Recusants, who out of Non-conformity 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 Months absence Twenty pounds Sterling; and if they forbear a Twelve-month, 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 Church-war­dens. 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 Church-wardens 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 shew 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 solemnized with Fasting and Prayers, that our Sorrows may expiate our Crime, and our Tears wash away our Guilt.

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 Majesties 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 solemnized 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 Governour of his Deputy, or thrice publication of Banes according to the prescription of the Rubrick in the Common-Prayer Book, which enjoyns, 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 joyning 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 then 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. Church-wardens to make Presentment.

THat the Church-wardens shall twice every year,Church-wardens shall make Present­ments of all Misdemeanors twice in the year. viz. In December Court and April Court, deliver a true Presentment in Writing of such Misde­meanors, as by their Knowledge or by common Fame have been commmitted whilst they have been Church-wardens, namely Swearing, Prophaning 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 Church-wardens 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 Knowledg or View of any others then 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 Murther were Com­mitted: for Remedy whereof, as also for taking away that Barbarous Custom of exposing the Corps of the Dead, by making their Graves in Common and Unfenced Places, [Page 10] to the prey of Hogs and other Vermine; Places to be set a-part for Publick 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 a-part and fenced in for Places of Pub­lick Burial for that Precinct: And further, That before the Corps be Buried, there be at least three or four of the Neighbours called, who may in case of Suspicion view the Corps; 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. Church-wardens to keep the Church in repair and provide Ornaments.

Churches to be Repaired.ANd it is further Enacted, That the said Church-war­dens 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 Comon 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 Church-wardens do faithfully Col­lect the Ministers Dues,Church-wardens to Collect the Ministers 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 Church-wardens a sufficient Discharge.

XVI. Registers to be kept by the Ministers or Readers.

WHereas many Differences do frequently arise about the Age of Orphans, and Inquiries are often made for persons imported into this Countrey and here deceased, and no positive Certificates can be granted of the Age of one, or Death of the other, by reason no Registers have been kept, which might by the Records there entered, evidence the same.Births, Bu­rials, and Marriages, to be recorded. Be it therefore Enacted, That the Minister or Reader of every Parish shall well, truly, and plainly Record all Births, Burials, or Marria­ges that shall happen within the precincts of that Parish, in a Book to be provided by the Vestry for that purpose, and if any Master of a Family, or other person concerned, shall omit the giving Notice to the said Minister or Reader of the day of the Birth, Death,The neglect to be fined. or Marriage of any to him or them, related, the space of a Month, such person for such his Neglect be Fined One hundred pounds of Tobacco, and that the Ministers have for their Entry of such Birth, Death, or Marriage, Three pounds of Tobacco, and if they neglect Entering the same as aforesaid, that they be Fined upon discovery made of the said Neglect, Five hundred pounds of Tobacco to the use of the Parish.

XVII. Licences for Marriage how to issue.

ANd whereas many times Licences are granted, and the persons are married out of the Parishes, which Licences have been usually granted by the Gover­nours, whose knowledg of persons cannot possibly extend over the whole Countrey: Be it Enacted,How Li­cences for Marriage are to be granted. That hence­forward, all persons desiring Licences for Marriage, shall first repair to the Clerk of the County Court, and there give Bond with good Security, that there is no lawful [Page 12] Cause to obstruct their said Marriage: And that upon Receipt of such Bond, the said Clerk shall write the Li­cence, and Certify to the first in Commission for that County, or such other, whom it shall please the Gover­nour to depute, that he hath taken a Bond as aforesaid, who by vertue thereof shall sign the said Licence and di­rect the same to the Ministers. And to the end that the Legal Grant of the said Licence may be made evident, and the Governour ascertained of his just Dues, It is fur­ther Enacted, That the said Clerk shall yearly, in Sep­tember Court return the Names of the parties Married, and of the Security to the Secretarys Office, there to be recorded;Fees for Li­cences how to be levied. And further, That he deliver an account of the Fees due for the said Licences to the Sheriff or Collector of the County, who is hereby required to collect the same with the Levies, and to make payment thereof to the Gover­nour and others to whom they are due; And any Clerk making default in any of the premises, to forfeit one Thou­sand pounds of Tobacco to the use of the Governour, the Fees for the Licences to be as followeth: viz. To the Governour Two hundred Pounds of Tobacco, or Twenty Shil­lings Sterling; To the Clerk for writing the Bond Licence Certificate, and returning the same to the Office, Fifty Pounds of Tobacco: The Fees ascertained. And to the Secretary, for recording the same in the Office as aforesaid, Forty Pounds of Tobacco; and the Minister marrying with a Licence Two hundred Pounds of Tobacco, or Twenty Shillings Sterling; if by Banes Fifty Pounds of Tobacco or Five Shillings.

XVIII. Provision for a Colledge.

WHereas the want of able and faithful Ministers in this Countrey deprives us of those great Blessings and Mercies that always attend upon the Service of God; which want, by reason of our great distance from our Native Countrey, cannot in probability be always supplied from thence: Be it Enacted, That for the Advance of Learn­ing, Education of Youth, Supply of the Ministry, and Pro­motion [Page 13] of Piety,A Colledge and Free-School. there be Land taken up or purchased for a Colledge and Free School: And that there be with as much speed as may be convenient Housing erected there­on, for entertainment of Students and Scholars.

Whereas an ancient Practice of this Countrey,Lands of persons Inte­state. hath con­trary to Law and Reason ignorantly vested the Lands of persons intestate in the hands of Administrators; of whom di­vers persons have purchased and hold their Lands by no other Titles than such Sales, which can be of no validity against the Claim of the King, whom no time can prescribe, and to whom if an heir appear not, the Land must of necessity de­volve: And if the King should at any time give express Order to an Escheator to make enquiry into the Titles we hold by, the said Escheator, cannot by vertue of his Office but find all such Lands for the King; Which we Francis Morison and Thomas Ludwel, who are at present Intrusted by his Majesties Treasurer, to make composition of all Lands so escheated to his Majesty; taking into our se­rious Consideration, and out of our tender Care of many poor men, who by the loss of Lands, thus perhaps dearly purchased and honestly paid for, and out of our sense of the many Inconveniences and great Damages would fall up­on them by being ousted out of their Possessions, by the severity of a too rigorous Escheator; And that on the other side, we might not seem to debar his Majesty of his just 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 joyn with them, making it our request to Major Norwood his Majesties Treasurer, to get his Majesty to confine them, that no succeeding Escheator may at his pleasure rigorously exceed these our moderate and reasonable Demands.

1. We concede that any person, haying been two years in possession of any Land, that ought to have been ve­sted in his Majesty by Escheat, shall pay for his Composi­tion but One Hundred Pounds of Tobacco, for every fifty Acres, besides the Fees for finding the Office and drawing the Conveyance.

[Page 14]2. That every person, having been so in possession two years, as aforesaid, shall have Eight Months time to Petition for, and make their Composition: But if they de­fer it longer, and another sue for it and obtain it, they can impute the Blame to nothing but their own Neg­lect.

3. That where there is a Widow, she shall enjoy the Land of her Husband during her life, and be admitted in the first place to make her Composition for the Fee-simple, in case she signifie her desire within the time a­foresaid.

4. That all Lands Escheated before the two years afore­said, the person concerned shall pay for his Composition as aforesaid: But all Lands which shall hereafter lapse, or which have lapsed within the two years last past, the Composition to be made for, with those by his Majesties Treasurer appointed and authorized thereunto: And that the Widdow be admitted, in the first place, she making her Claim within Eight Months according to the Propo­sition abovesaid.

XIX. COƲRTS.

Courts for­merly called Quarter Courts, to be henceforth sti­led General Courts.VVHereas the name of Quarter Courts, is alto­gether unsuitable to the nature of those Courts held by the Governour and Council, both in respect there are but three of these Courts in the year, as also because they are not equally distributed in the Quar­ters of the year, September and November being too near, and March too long from them to admit of that Title. Be it therefore Enacted, That the said Courts be no longer Stiled Quarter Courts, but that they be henceforth called Ge­neral Courts, a Name more suitable to the Nature of them, as being places where all Persons and Causes have generally Audience, and receive Determination.

Whereas the Acts of Assembly already made, are very defective in prescribing the Rules to be observed in the Proceedings, both in those General and the Particular [Page 15] County Courts; for want whereof many Errors are commit­ted, the respects due to the Courts, so nearly representing his Majesties Sacred Person, by the clamorous unman­nerliness of the people lost: and the order, gravity, and decorum, which should manifest the Authority of a Court, in the Court it self neglected: And in regard the long omission of those hugely material, though in them­selves little things of form, hath caused all things still to continue in the first Disorders; It hath appeared ne­cessary to this present Grand Assembly, to set down the Rules and Forms themselves, for the beginning, con­tinuance, and proceedings in the said Courts as followeth. And it is therefore Enacted, That the General Courts begin and continue as followeth.

XX. Actions to be proportioned.

BE it Enacted,Actions shall be proportion­ed to the num­ber of Twenty for each day. That Warrants be issued by the Clerks of the General Courts, and the said Clerk so propor­tion the number of his Actions, that there be for each day Twenty: And that until there be Twenty Actions en­tred for the first day, no Warrant issue for the second; and then Twenty for the second before any issue for the third: and so proportionably Twenty per day, for so many days as there are Actions to fill with that number: It being unreason­able that the Governour and Council should wait a Week for a straggling Business entred at a particular mans pleasure. And in case any special Warrant issue, that for the extraordinari­ness of the business may require the Governours own sign­ing: It is Enacted, That the person first go to the Clerk, and there enter his Action, and the day of the Return, be­fore his Warrant shall be signed.

And whereas some scruples have arisen about the time Warrants may be served, viz. Whether ten days before the Return, that is the day mentioned in the Writ to ap­pear,At what time War­rants may be served. It is hereby declared that Warrants may be served at any time, if there be ten days between the Serving and the Return as aforesaid: And further, That it may be done in Court time for the same Court, if there be ten days be­tween the Serving.

XXI. Courts to sit from Eight to Eleven of the Clock in the Forenoon, and from One to Three Afternoon.

How long Courts shall Sit.BE it also further Enacted, That the Court shall each day sit from Eight of the Clock to Eleven in the Forenoon; and from One to Three in the Afternoon. And for avoiding all Errors that may happen in the Draught for the Orders by the Clerk, either through his misappre­hending the sense of the Court, or the partial Informa­tion of any person concerned, which he being distracted with the multitude of Business may unwittingly assent to, That all Orders of the day be by the Clerk drawn up against next Morning, and then read in open Court in presence of the Plantiff and Defendant, if they will be present, when Rule will be given by the Court for Amendment of Er­rors,Amend­ment of Er­rors. if any be, before they be Entred upon Record; and the Plantiff or Defendant, if they have any new matter of Plea, shall then have liberty to plead it in Arrest of Judg­ment: And the Orders thus publickly read and confirmed, shall be signed by the Secretary, which shall remain upon File in the Office for the full justification of the Clerk, who is to enter them in the Book of Records.

XXII. The Plaintiff to File his Declaration Three days before the day of Hearing.

Declarati­ons to be filed three days at least before Pleading.ANd whereas the Clerk is enjoyned to enter Twenty Actions for each day, and the Court to sit at cer­tain hours, so also it is hereby Enacted, That the Plantiff File his Declaration in the Office, at least three days [Page 19] before the day of Hearing: in which time the Defen­dant may take a Copy thereof, the Original still re­maining in the Office, and provide his Answer in writing ready to present to the Governour and Council at the day of Hearing: And further, That if the Plantiff fail either in not appearing to prosecute, or in neglecting to File his Declaration, as is hereby enjoyned, he shall pay to the De­fendant if he lived within Fifty miles of James City,The Penalty of a Default. One hundred and Fifty pounds of Tobacco for a Non-suit; and if he dwell further off, then Three hundred and Fifty pounds of Tobacco besides his Amercement to the Publick. And if the Defendant make default, the Judgment to pass against the Bail for the thing sued for; or if no Bail be returned, then against the Sheriff, besides his Amercement of One thou­sand pounds of Tobacco, laid upon him by Act for not ma­king Returns; Provided that the Bail and Sheriff have re­spite of Execution until the next Court: when if they bring in the person of the Party, the Judgment of the first Court granted to be reversed, but the Amercement awarded a­gainst the Sheriff to continue and not be remitted.

XXIII. Adjournment to the two last days for De­termination of References by Avisare Volumus, or Actions entred in Court time.

ANd whereas this Act enjoyns the proportioning so many Actions to a day, but gives liberty to Ar­rest in Court time to the last days of the Court, and whereas some Cases of Difficulty may be presented,Adjourn­ment to the two last days for determi­nation 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 entred in Court time as aforesaid, shall be then tried and determined.

XXIV. Criminal Causes to be tried at the Gene­ral Court.

Crimminal causes to be Tried only at General Courts, and on the Fourth day.WHereas men of the greatest Abilities both of Judge­ment and Integrity, do usually meet at the Ge­neral Courts, whither their Ocasions do frequent­ly call them, and because any thing that concerneth Life or Limb, requires the ablest Juries to enquire of it: Be it Enact­ed, That all Criminal Causes, that concern either Life or Member, shall be tried at the General Courts, only the Fourth day of the said Courts;Juries to be Chosen, out of the Neigh­bour-hood. And because the Laws of England do enjoyn Juries to be chosen out of the Neighbour-hood where the Fact was committed: according to which the remoteness of our Habitations doth not admit us so fully to practice, as we desire; yet that we may come to them as near as possible we may, and because it is very requisite that part of the Jury, at least, should come from thence, who by reason of their nearer acquaintance with the business, may give in­formation of divers Circumstances to the rest of the Jury: Be it therefore Enacted, That immediately after the com­mitment of any person found Criminal by the Grand Inquest,The manner of proceeding by Juries in Cases Crimi­nal. the Sheriff of the County to whose Custody he is commit­ted, shall give notice thereof to the Secretaries Office at James City, and the Clerk of that Office shall presently send a Venire Facias to the said Sheriff to impannel Six men of the ablest and nearest of the Inhabitants of his County,Sheriffs to Impanel Ju­ries. to that place where the Fact was committed, to be of the Jury for Trial of that Cause, returnable the said Fourth day of the next General Court, where the said Jury-men are bound to appear,What Al­lowance Jury-men shall have for their Charges. and for their Charges, the Countrey shall allow to each Man Twenty pounds of Tobacco per day, for each day they may be reasonably coming to, and returning from James City, and Fifty pounds of Tobacco per day, during their Attendance there about it, (Viz.) from the day they are by the Writ to appear, until they be discharged; and that the rest of the Jury be made up of the By-stan­ders.

XXV. The Governour and Two of the Coun­cil to go the Circuit.

VVHereas the Honourable Governour out of his singular care of his due Administration of Ju­stice in all Courts, and that he might be the better enabled to render his Majesty an exact account of the Government, hath been pleased to take upon him and the Council, the pains of Visiting all the County Courts of the Countrey: Be it therefore Enacted, That the Honoura­ble Governour and one of the Council, or upon the urgent Affairs of the Countrey hindering the Governour,The Go­vernour or Two of the Council, wh m he shall Commissio­nate, to go the Circuit yearly. that the Governour commissionate too of the Council for every River, yearly in August, to set Judges in all the County Courts, and there hear and determine all Causes then depending in them, by Action or Reference, from any other preceeding Court in that County: Provided no Councellor be appointed to go the Circuit in the River wherein he doth inhabit.

XXVI. Appeals how to be made.

VVHereas many appeals are made from County Courts to General Courts, and from General Courts to Assemblies, whereby the speedy Execution of Justice is often retarded, and many persons disabled by the Charge of going to James City to prosecute, are forced many times to desist from the Claim of their just Rights: Be it therefore Enacted,Appeals from County Courts, how to be made, and to whom. That for the avoiding De­lays and for the ease of the Inhabitants, all Appeals made in any Court after the General Court in March, be referred to the Hearing of the Governour or Itenerary Councils in their Circuit, from whose Sentence there, if any person will [Page 22] appeal, if the Governour be present, shall be made to the next Assembly; if two of the Council, then to the next General Court: from which the said Councellors, during the Trial of such Cause or Causes, in which they had at the County Courts given their Opinions, shall be suspended; but because in the Winter time the General Courts are more frequent, and all Causes there receive a speedier determination, and because Tobacco being only then payable, may be paid in kind:Appeals when they shall be made to the Gene­ral Court. It is Enacted, That all Appeals made from October, December, and other intervening County Courts, be made to the next succeeding General Court, and from thence to the Assembly, and because there may be as great Errors of Judgement or Will in matters of small value as in the greatest: It is further Enacted, That Appeals shall lie open, as aforesaid, for any thing of what value soever: Always provided, That the Appellant put in good Security for Pro­secuting the Appeal, and payment of Fifty per Cent. Da­mages to the Defendant, if the Appellant be cast in the Suit for his unjust molestation:Proviso's in ease of Ap­peals. Provided also, That no Appeals be made from Northampton County, whose remoteness and dangerousness of passage, is such, as is not, for inconsiderable Causes to be attempted under the value limited by former Acts of Assembly,In 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 Plantiff to the Defendant for his Charges.

XXVII. Amerciaments in the General Courts Fifty Pound of Tobacco per Cause, in County Courts Thirty per Cause.

WHereas many Suits are raised upon frivolous occa­sions by Litigous persons, for prevention thereof for the future, be it Enacted and Confirmed, That all persons whatsoever that are cast in any Cause, be they Plan­tiffs or Defendants,Amercia­ments in Ge­neral and County Courts sta­ted. shall be amerced (besides the Damages and Costs to the Recoverers) Fifty pounds of Tobacco in General Courts to the use of the Publick, and in the Coun­ty Courts Thirty pounds of Tobacco for the maintainance of the Commissioners; for the due Collecting whereof, be it Enacted, That the Clerks of the General Courts, and the several County Courts, An Account to be kept of Amercia­ments. keep an exact Account of the Amercia­ments, and deliver or send the same to the several Sheriffs of the particular Counties, who are hereby required to collect the same with the Levies; and are accordingly impowered for Default of payment, to make Distress;Sheriffs to collect them. and commanded not to return any Arrears (Executors and Administrators, who cannot pay without Orders, always excepted.)

XXVIII. Subpoena's to be issued by the Clerk.

BE it also Enacted,When the Clerk shall issue Sub­poena's, and when a Dedi­mus Potesta­tem That the Clerk of the General Court shall issue Subpoena's from the Secretaries Office for all Evidences required in the Trial of any Cause there depending, if the Witnesses required do not dwell beyond the Bay, or the North side of James River; and if they do, that then a Dedimus Potestatem shall issue for ta­king the Deposition in the County or Counties, where the [Page 24] Witnesses do dwell:Evidence shall be given viva voce in Cases Crimi­nal. Provided always, That in Criminal Causes all Witnesses be bound over to give in their Evidences viva voce at the Trial in the General Court.

XXIX. Dedimus Potestatem how to issue.

WHereas many Causes between parties and parties, are lost for want of Evidence, who living so far re­mote cannot, but at a Charge and Expence far ex­ceeding the value of the Cause, be brought to give it viva voce, at the General Court, or at the County Courts, if the party dwell out of the County; or else a greater mis­chief is introduced, by the partial and illegal Examination of Witnesses in presence of but one party, before some one Commissioner, perhaps too favourably inclined to the party, in whose behalf the Depositions are taken; besides the trou­ble, expence, and hindrance of the Witnesses themselves, who many times are forced One hundred Miles from the Place of their Residence, for a small allowance, to give Evi­dence in Trials of petty and inconsiderable values; for reme­dy whereof, and that all Parties may with more conveni­ence, less trouble and cost, have their Evidences impartial­ly and legally taken: Be it Enacted and Confirmed, That if the Cause to be tried at the General Court, the Go­vernour, if in any County Court, any one of the Council or the Judge of the Court,A Dedimus Potestatem in what Cases to be granted, by whom, and to whom it shall be directed. shall Grant and Sign a Writ of De­dimus Potestatem, for Examination of Witnesses, in the Counties where they dwell; directed to Three such Persons as the Plaintiff and Defendant, if they both desire the Writ, shall by consent make choice of and nominate; but if it be the single request of either Plaintiff or Defendant, then the Governour, Councellor, or Judge of the County Court, out of Court time, shall nominate and appoint three or more such indifferent Persons to Examine all such Witnesses, as by the Party desiring the Writ they shall be moved to Summon before them; and to this end the Commissioners thus made choice of, or appointed to execute the Writ, or any two of them, shall by the said Writ be impowered and required to appoint a time and place when and where they will receive [Page 25] the Evidences, and to issue out Subpoena's for their Appear­ances accordingly; and if upon such Summons any of the Witnesses refuse and neglect to come and give in their Evi­dences, then the Commissioners or any two of them,The Non-appearance of Witnesses in case of a Dedimus Potestatem finable. be further impowered by this Act to lay such a Fine upon them as the Act of Assembly gives in such Cases for Non-appear­ance of Witnesses at the General or County Courts: Pro­vided always, That the Parties procuring the Writ, shall give the Party concerned against him, notice of the time and place, when and where the Commissioners intend to sit, at least ten days before the day appointed by the said Commissi­oners for putting it into Execution. And be it further Enacted, That the said Commissioners or any two of them, which take the said Examinations, shall immediately subscribe them, seal them and the Writ up, and return them with the Writ so sealed up, to the Clerk of the General Court, if the writ issue from the Governour, or else to the Clerk of the County Court whence the Warrant issued, by either of the said Clerks to be read at the time of the Tryals of the Cause, in either of the said Courts.

XXX. Penalties for Non-appearance of Evi­dences.

BE it also Enacted, That the Penalties to be inserted in Sub-poena's to the General Courts for Non-appearance of the Evidences summoned,Penalty of 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 then are needful; Be it therefore further Enacted, That there shall not be allowed in any Bill of Costs, the charge of [Page 26] 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 formed. 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 Governour for the time being to act, according to the Laws of England and of this Countrey, and to impower 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 depart 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 Subpoenas for Witnesses, or in Chancery, be first entred 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 Plantiff in any Action, shall at least the day before the Court, enter his Bill of Complaint,Actions to be entred 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 filed 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 President to Posterity, as also for prevention of new Suits upon mistake of the grounds of others, that as the Plantiff, 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 filed. and that the Judgement, if for the Plantiff, be endorsed on the Declaration, if for the Defendant on the Answer, and further that all Evidences concerning that Cause, be filed together with them, and by the Clerk carefully preserved.

XXXIV. Form of Entring the Court.

BE it also Enacted, That the Form for Entring the Stile of the Court,Form of Entry in County Courts. Proclamation for Silence, the Cryers calling the Plantiff 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 [Page 29] and impovvered 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 Plantiff to be Non-suited: not that liberty is hereby given or intended to any scurrilous person to abuse others at his pleasure, but that his Majesties 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 Plantiff and Defendant from trial by Juries, unless the Plantiff in his Declaration, or the De­fendant upon entry of his Appearance, do desire the same; which restriction is quite contrary to the Law of England; by which, the trial of all matters of Fact is as appropriate and inherent in the Jury as matter of Law is in the Judges; for which causes, and that we may in all our Trials come as near as may be to the Laws of England, by which we are to be governed, as our present Capacities will admit, Be it Enacted, That every morning the Court sits, whether the General or County Courts,Juries ap­pointed as well in County Courts as in the General Courts. the Sheriff of the Coun­ty in which it sits, shall impannel a Jury to attend the Court that day, to try such Causes as the Court shall find pro­per to be referred to them; and that when ever a Jury is sent out, an Officer sworn to that purpose shall keep them from Meat and Drink, until they have agreed on their Verdict.

XXXVIII. Grand Juries to present Offenders.

WHereas the several Laws instituted and made for the redress of several Misdemeanors and Offences, either through the remissness of the County Courts, or the Justices that keep the same, or else through the Defect of the Laws, in not appointing some peculiar Officers to look narrowly after the Offenders, and to make presentment thereof to the said Justices at their County Courts; by which means the Laws themselves are slighted and contemned and be­come wholely useless and ineffectual: Be it therefore En­acted and Confirmed, That Juries of Inquest be Impan­neled and Sworn in every County, to enquire of breach of [Page 31] all Penal Laws in their several Counties, and that they make Presentment thereof to the General County Courts twice yearly (Viz.) in April Court and December Court,Grand Ju­ries shall in each County twice a year make Present­ments. when the Justices are to receive them, and find them ac­cording to Law, and to take for Evidence the Presentment of the Jury, if made upon the certain knowledge of any of them; or otherwise the Parties that inform the Jury to give their Evidence to the next Justice, in presence of the Party presented; which Deposition being produced by the Jury with their Presentment, shall be sufficient ground for the Court to pass Judgment against the Offenders.

XXXIX. Pillories to be Erected at each Court.

WHereas many Offences are punishable by the Laws of England and of this Countrey with Corporal Punishments,A Pillory, a Whipping Post, and a Pair of Stocks, &c. to be set up in every County. for executing whereof no such Provision hath been made as the said Laws require: Be it therefore Enacted, That in every County, the Court cause to be set up a Pillory, a pair of Stocks, and a Whip­ping-Post near the Court House, and a Ducking-Stool, in such place as they shall think convenient; that such Offenders as by the Laws are to suffer by any of them, may be punish­ed according to their Demerits; and the Court not causing the said Pillory, Whipping-Post, Stocks and Ducking-stool, to be erected within Six Months after the Date of this Act, shall be fined Five thousand pounds of Tobacco to the use of the Publick.

XL. Fines to be disposed of by the Assembly.

WHereas divers Trespasses against the Publick, are punishable by Fines, which are by the present Law to be disposed of to the use of the Counties in which the Trespass is committed, and yet no­thing done for the good of any County, as was intended; [Page 32] whereby it may be presumed that the said Fines are either not gathered, whereby the Trespassers by this lenity and impunity are encouraged to persist in their contempts of the Laws, or else the said Fines are by some evil Common-Wealths-men perverted to their private uses; for preven­tion whereof for the future,Courts on­ly shall impose and collect Fines. Be it Enacted, That the Courts shall only lay and collect the Fines, and that they cause the Clerk of their respective Courts to keep an Account thereof, and to return the Estreatments to the Clerk, of the Assembly at James City, by the third of the General Court held there in March yearly.

And it is further Enacted, That the said Clerk of the As­sembly do annually attend accordingly, during the time, at the place aforesaid, to receive them, and at the next As­sembly to present them to the Burgesses, who are to order the disposal of the said Fines, as to them shall seem most necessary for the good and benefit of the several re­spective Counties wherein they accrued due; always pro­portioning to every County the use of all the Fines which were levied therein.

XLI. Supersedeas by whom, and how grantable.

WHereas the Writ of Supersedeas, hath of late been too frequently granted upon slight pretences of Error in the Court, thereby not only injuriously delaying Justice, and keeping Men from their just Dues, but also bringing Calumnies and Aspersions upon the Courts themselves; Be it therefore Enacted, That no Supersedeas whatsoever shall hereafter be granted,No Super­sedeas shall be granted but by the Gover­nour, and two of the Coun­cil. but by the Governour and two of the Council, nor by them, unless the party desiring it, make it probably appear to them that there is Error in the Judgment, and shall then also give good Security to make good his Plea; and if he be cast at the next General Court, to pay the Principal with Five and Twenty per Cent. Damages, besides Costs.

XLII. Prisons to be built in each County.

WHereas the first Act of the Assembly held at James City the 3d of November 1647, and continued by the Assembly held there the third of March 1657, for prevention of Escapes for Prisoners; hath En­acted, That suffiicent Prisons should be built in each County, and that an House built after the form of a Virginia House, (our Abilities not extending to build stronger) should be accounted a sufficient Prison, and that any person be­ing a Prisoner for Debt or Crime: And breaking one of those Prisons, should be proceeded against as a Felon, and that neither Court, Commissioner, nor Sheriff, should be answerable for such escape, and whereas the Sixty first Act of the Assembly, held at James City, the said Thirteenth of March 1657, makes the 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 Dues, and by means thereof the Law it self 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 Plantiff, shall be ordered to pay the Debt, as in case of Escapes.

XLIV. Sheriff to be chosen in the Commission.

FOrasmuch as the Comissioners 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,Sheriffs 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 administred 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 Ʋnder Sheriff. Provided always, That the Sheriffs of James City, who are more immediate Officers than any other, to the General Courts and the Publick, shall be left to the Go­vernours free Choice: And further, That if the Governour see cause, for the better promoting any of his Majesties 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 [Page 35] the exigent of the present Occasions, but because the Laws as well of England as of this Countrey, prohibit the Executing the Office of Sheriff by any Person two years together, the Governour is earnestly desired by the Assembly in any of his Elections not to infringe those Laws.

XLV. Sheriffs not making Return.

VVHereas 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 expences 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,Sheriffs 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, then 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 Publick, 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, then Judgment shall be awarded against the Bail: Al­ways [Page 36] 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, then the Sheriff or Bail shall be acquitted for the Judgment passed against them.

XLVII. Non est Inventus.

BE it also Enacted, That if any Sheriff shall return a Non est Inventus, upon which an Atachment 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 Proceedings 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, then 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, Judgment 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 chuse an Umpire, which Umpire so chosen, shall [Page 37] be sworn by the next Commissioner to apprize 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 chuse 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 Judgment, may be authentickly 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 dependance 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 apprize 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 Col­lony, shall be permitted to plead as an Attorney, in any persons 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 mans 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 Councellor, Commissioner, &c. so pleading the poor mans Cause, not to give Judgement therein: Provided al­so, That any Commissioner, Sheriff, Ʋnder-Sheriff, or Clerk, acting as General Attorney for any persons, absent out of the Countrey or County, and negotiating their Affairs, and so liable to be sued for their Imployers; such persons, notwithstanding this Act, shall have liberty also to Plead and Prosecute in any Cause that shall any way concern their said Imployers.

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 publickly 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 [Page 39] to read the same to the People two Sundays successively, both in the Church and Chappel 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 givc 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 Secretaries Office at James City, the said Sheriff so neglecting, shall be Fined Two thousand pounds of Tobacco to the Publick.

LI. Publick 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 Countrey Creditor to accept of the Distress, or stay for his Debt,Debts due to the publick shall be first paid: but that all Debts due to the Publick be first paid, and the Tobacco in kind paid to the Creditor of the publick, 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 publick, upon proof thereof made in any Court of Record in this Countrey.

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 Majesties immediate Officer, shall upon the instance of his Majesties 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 Quit-Rents 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 Countrey: 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 treble Duties;Treble 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 publick notice in Writing, to be read and set up at the door of the Church or Chappel 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, [Page 41] 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 treble Duties as aforesaid: And be it further Enacted, That every Commissioner in August Court following, shall deliver the Accompt 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 Countrey, 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 accompted 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 Countrey, or are imported Free by their Parents or others; who shall not be lyable 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. Councellors and Ten Persons to be exempt­ed out of the Levy.

Councellors of State, and Ten Persons of their Family, exempted from all pub­lick Charges and Taxes.BE it Enacted, That each Councellor of State for this Countrey, shall be freely exempted from all pub­lick 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 Countrey, shall for their attendance on the General Courts and Assemblies, be exempted themselves, and Six of their Family, from paying any publick Taxes: and further,Some others also exempted. That all persons that come into this Countrey, at the last coming in of Sir Thomas Yates, shall have their own persons exempted from paying of any publick 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 Handy-crafts 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, meerly for the payment of their Levies: Be it Enacted, That what Artificer or Handycrafts-man soever will imploy 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 En­couragment be exempted from paying any Levies, either for himself or servants, for the Term of Three years, ex­cept it be for the Ministers 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, [Page 43] 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. Councellors 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 Governour and Council in September 1662,The Go­vernour and Council, shall have power to raise and pro­portion a Levy for de­fraying the Country Debts and Sal­laries. shall have power to raise and proportion a Levy to defray the Country Debts and Sallaries 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 then 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 Secretarys 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 Publick 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 [Page 44] 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, &c. 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 Majesties happy Inauguration, and for the Deliverances of this Country from the too bloody Massacres, nor at the times of General Musters or Election of Burgesses.Prison-breakers, Fe­lons or Persons under suspicion of F [...]lony, or gui [...]ty of a Riot, ex­cepted. Provided always, That it shall and may be lawful for the Sheriff or any other Of­ficer, to apprehend and carry to Prison any person or per­sons for Riots, Felony, or Suspicion of Felony, or escape out of Prison, when under Execution, upon any day, at a­ny place, any thing in this Act to the contrary notwith­standing.

LIX. Reward for killing of Wolves.

WHereas great Complaint is made of the frequent and many Injuries done by Wolves to the Cat­tle and Hogs of several Inhabitants of this Country; It is therefore Enacted,The Re­ward for k lling of Wolves, what, to be paid by the County. for the Encouragment of those that will make it their business to kill and destroy them, that they shall be paid by the County in which they are killed; for every Woolf destroyed by Pit, Trap, or otherwise Two hundred pounds of Tobacco: Provided, he make Proof before the next Commissioner how the Woolf was killed, and bring in his head, and take from the said Commissioner a Certificate thereof; which being produced to the Court, when they are proportioning the Levy, shall be sufficient to have the said Reward raised upon the County, and to be paid to such persons as it is justly due.

LX. Commissioners to take Security of Sheriffs.

BE it also Enacted, That the Commissioners of every County, shall be answerable to the Publick, for all Levies laid upon their County by Act of As­sembly, and for the Sheriffs performance of his place; and in regard thereof, are hereby Impowered before the admis­sion of any Sheriff into his office,The She­riff shall give security to the County Commissio­ners, for the faithful dis­charge of his Office. to take such Security of him as they shall think fit and sufficient to save themselves harm­less, for the receiving and discharging all Publick Duties; whether Quit-Rents, Levies, or Officers Fees, committed to his Charge or Collection, and for the due performance of his Office. Provided, That no Commissioner shall be lyable, but such as were of the Commission when the defect was made.

LXI. Judgment before Commissioners.

BE it Enacted,Acknow­ledgment of a Debt before Two Com­missioners, shall be ac­counted in the nature of a Judgment, and Execution shall issue in case of Non-payment. That the voluntary Confession and Acknow­ledgment of a Debt by the Debtor, under his Hand and Seal before two Commissioners, of which one of the Quorum, shall be accounted in Law in the nature of a Judgment, the said Commissioners attesting the same under their Hands, and so certifying it to the Clerk of the County Court to enter it upon Record; upon which Writing so Ac­knowledged, Attested, and Recorded, Execution shall issue in case the Debt be not paid, as if Judgment had been granted for the same in open Court: Provided, That if no Execu­tion issue within a Year after such acknowledgment, then a Scire Facias shall issue before any Writ of Execution shall issue forth.

LXII. Persons removing into the Bay.

FOR avoiding of Creditors charges and troubles in re­covering their Debts, by reason of divers Persons re­moving themselves from the Places where they con­tracted their Debts, into remote Counties; Be it Enacted, That no Person whatsoever,No Person shall remove out of the County where he dwells, with­out setting up his Name on the Church or Chappel door, three Sundays, with his intent to remove, and whither. shall remove out of the County where he dwells, unless he first set up his Name at the Door of the Parish Church or Chappel where he dwells three Sundays together, and in the same express his intent of leaving the County, and certifie the Place he is about to remove to, and take Certificate thereof from the Minister or Reader of the said Church or Chappel, and the Church-wardens of the Parish, to the Clerk of the County Court, who shall grant him thereupon a Licence to depart: Provided always, That if the said Person so removing pay not his Debts contracted before his removing, according to the tenor of the specialties by which they are due; it shall be lawful for any of his Creditors by a Warrant from the Secretaries Office, to bring the Debtor personally before the Governour or any of the Council, for what value soever the Debt be of, and there put in sufficient security for performance of his Obliga­tion according to the tenor thereof, in case the day of pay­ment be not past (any restriction in any other Act to the con­trary notwithstanding) and then to take out Execution a­gainst his Body or Estate for satisfaction of the said Debt.

Cattle shall not be removed out of the County with­out notice first given to Four of the Neigh­bourhood.And be it further Enacted, That if any Person or Persons, shall before or after Certificate obtained as aforesaid, remove or transport any Cattle out of the County he dwelled in, without notice given to Four of the nearest Inhabitants, who are hereby required to take special notice of the Ear-Mark, and Colour of the Cattle to be removed, and make a List of them and their Marks, and carry the same subscribed by the said Viewers, to the Clerk of the County Court to be Recorded, he shall upon lawful Conviction, forfeit for every Beast tran­sported contrary to the tenor of this Act,No Mer­chant or Ma­riner shall transport any person out of the Countrey without Cer­tificate. One thousand Pounds of Tobacco, one half to the Publick, and the other half to him that shall make the complaint against the Party so offending: And if any Merchant, Mariner, or any other Per­son whatsoever, shall transport any Person or Persons out [Page 47] of his County, without Certificate as aforesaid, the said Mer­chant, Mariner, or other Person, so offending, shall be liable to the payment of all the Debts and Engagements of the Party transported, being due at the time of his removal.

LXIII. English VVeights and Measures.

WHereas daily Experience sheweth that much fraud and deceit is practised in this Collony by false Weights and Measures, for prevention thereof,English Weights and Measures shall be used in this Collony. Be it Enacted, That no Inhabitant nor Trader hither, shall buy or sell, or otherwise make use of in Trading, any other Weights or Measures than are used and made according to the Statute of [...] in that case provided; and for discovery of abuses, Be it further Enacted,Every Coun­ty shall be pro­vided with Weights and Measures from England. That the Commissioners of every County, do provide at the charge of the County, sealed Weights, of Half hundreds, Quarterns, Half Quarterns, Seven Pounds, Four Pounds, Two Pounds, One Pound, Measures of Ell and Yard, of Bushel, Half Bushel, Peck, and Gallon, of Winchester Measure, Gallon, Pottle, Quart, Pint, of Wine Measure out of England; and that the said Weights and Measures be kept by the first of every Commission at his house, and with them a burnt 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 Publick, 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 enjoyned by the first of December 1663, the said Commissioners shall be fined Five thousand pounds of Tobacco to the use of the Publick,

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 certifie into the Secretaries 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 entred; and be informed how they may come to their just dues.

LXV. Administrations to whom to be granted.

VVHereas 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 parties Decase: Be it therefore Enacted,No Admi­nistration shall be grant­ed, till Nine Months after the parties de­cease; except to the Widow or Child. That no Administration be granted, un­til Nine Months after the parties 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 [Page 49] 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 shewed them, may think fit to grant Liberty to bring it in the Court; but in Case the Decedent die without Widow or Child, Then it is Enacted, That the Estate for the better Improvement thereof, be sold by the Court at an Out-cry, and the Purchasers all puting in Security and acknowledg­ing Judgments 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, then 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 imbezelled 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 enjoyned, 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 accompt; who shall pay out of the said deceased Administrators Estate, all [Page 50] such Debts as shall be found due to the Estate he administred 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:

Orphans shall be main­tained by the Interest and increase of their Stock if su [...]ficient, if not shall be bo [...]nd Appren­tices.First, That no account be allowed for Diet, Cloths, Phy­sick, or else against any Orphans 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, then 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 Accompt of the augmentation or diminution of the Orphans Stock, which by the carelessness or wickedness of the Guardians was usually consumed before they came to age, and disputes thereupon arise in the several Courts, how such persons [Page 51] should be proceeded with, and Accounts of Orphans Estates, how to be given them; it is hereby declared, That all persons possessed of Orphans-Stocks, before the first making this act, shall be bound to deliver to the Orphan, when he comes to age, such and so many of any kind as he was pos­sest of, when he gave his account to the next Orphans Court succeeding the Publication thereof.

That all Plate and Money be preserved and delivered in kind, according to the weight and quantity,Plate and Money shall be also returned in kind, other Houshold-Stuff shall be ap­praised and sold. that other Hou­should Stuff and Lumber be apprized in Money, and the value thereof paid by the Guardian to the Orphan, when he comes to age in the Country, Commodities at the price currant, as it shall be worth at the time in the place where the Or­phan Estate is managed.

That the Court take able and sufficient security for Or­phans Estates, and enquire yearly of the Security; and if the Court see Cause, to have it changed and called in, and placed as the Court shall think fit, the said Court to inquire also whether Orphans be kept, maintained and educated ac­cording to their Estates; and if they find any notorious defect to remove the Orphans to other Gaurdians, and also for those that are bound Apprentices, to change their Ma­sters if they use them rigorously, or neglect to teach them their Trades. That no more be allowed to Guardians for Collecting of Debts due to any Estate than Ten in the Hundred,Ten per Cent allow'd to Guardians for collecting Debts due to Orphans. the usual allowance of Merchants to their Factors and Attorneys.

That Thirty Pounds of Tobacco per day, be allowed to each Apprizer for Apprizement of any Estate, (if they will take it) and no more.Allowance for Appraise­ment, and for Funeral Char­ges regulated. That no allowance be made by the Court of excessive, Funeral expences, but that a Regulati­on thereof be made according to the proportion of the Estate and the quality of the person.

LXVII. Orphans Land not to be Aliened.

BE it also Enacted, for the future benefit of all Orphans; That the several County Courts, do take into their seri­ous Consideration and Care, that the Lands in their County belonging to any Orphan, be not aliened, sold, or taken up, as deserted Land by any persons during the minority of the Orphan, and that the Guardians or Over­seers of any Orphan, do not Let, Set, or Farm out any Land belonging to any Orphan, for longer Term than until the Orphan be of age; and that an especial care be had, that the Tenant shall improve the Plantation, by planting an Orchard and building a good House; and that the Tenant be bound to maintain good Fence about the Orchard, and keep the House in sufficient repair,Timber upon Orphans Land, not to be wasted, and the Houses to be kept in re­pair. and leave it Tenant­able at his surrender, and that Provision be made in the Lease for preventing all waste of Timber, or imploying it to any other use, then the use of the Plantation.

LXVIII. Grants of Land.

BE it hereby Enacted, That any person or persons, claiming Land as due by Importation of Servants, shall first prove their Title or just Right before the Governour and Council,How persons claiming Land by im­portation of Servants must prove their Title. or produce Certificates from the County Courts to the Secretarys Office, before any Survey be made or Grant admitted; it being unreasonable that others furnished with Rights should be debarred by Pretence of a survey which in it self is no Title.

LXIX. Deserted Lands.

BE it also Enacted,No Deserted Land shall be taken up by Patent, till after the term of Three Years, without Order obtained of the Governour and Council. That no Patent of Land shall here­after pass upon pretence that the Land is deserted for want of planting within the time of Three years, un­less proof thereof be made before the Governour and Council, and an Order obtained from them for the Patenting thereof; neither shall the first Petitioner for any Deserted Land be de­nied of having the first Grant, he making his Rights appear, when he Petitions for the Land. And whereas the former Act concerning Deserted Lands, reserved to the first taker up, his Rights to take up Land in an other Place: It is here Enacted, That in regard he hath had the benefits of his Rights, held the Land in Possession, might make use of the Timber with­out contradiction, and yet neither pays the King any Rents, nor suffers him to admit any new Tenant; that the Rights as well as the Land shall be forfei [...]ed, and the Grantee made incapable of using any of them afterwards: Provided, That any Person having taken up Land deserted before the making of this Act in November 1652, shall not by Virtue of this Act, be outed of Possession.

LXX. Seating upon others Dividends.

WHereas divers Suits have risen about seating ig­norantly upon other Mens Lands,Any Person who has built upon Lands supposed his own, but upon Survey prove to belong to a­nother, shall have the charge thereof allow'd by the right Owner. for deciding the same; Be it Enacted, That if any Person what­soever, hath built or seated upon any Lands supposed his own, but proving by a just Survey, to belong to another, the charge of such building, seating, or clearing, shall by Twelve Men upon their Oaths be indifferently valued, and the consideration by the said Twelve Men so adjudged, shall be paid by the Owner of the Land, to the first Seater that was at the charge; but if that shall amount to more than the said Owner is willing to disburse, then the said Twelve Men [Page 54] shall make a valuation of what the Land was worth before the Seating thereof,Or else shall Purchase the Land. Twelve Men upon Oath, are to decide any Controversy arising there­upon. which the Seator shall accordingly pay to the true Owner: Provided always, That no considerati­en shall be allowed for building or clearing, to any Person that shall obstinately persist after lawful warning given him to desist.

LXXI. Not to shoot or range upon other Mens Lands.

WHereas the Rights and Interests of the Inhabitants are very much infringed by the hunting and shoot­ing of divers Men upon their Neighbours Divi­dends, contrary to the Priviledges granted them by their Patents; whereby many injuries do daily happen to the Owners of the said Land:No Person shall hunt or shoot within the limits of an others Di­vidend, with­out leave of the Proprietor. Be it Enacted, That if any Planter or other, shall hunt or shoot within the limits of an others Dividend, without leave first obtained from the Pro­prietor, he or they so offending, shall forfeit for every such Trespass, Four hundred Pounds of Tobacco, one half to the Owner of the Land, and the other half to Publick Uses; not­withstanding it shall be lawful for any Person or Persons to hunt or shoot upon any Dividend of Land not planted or seated, though taken up without restraint or penalty: Pro­vided also, That it shall be lawful for any Person that hath shot any Game without the limits of any other Mans Land, to pursue the same into any Mans Dividend, and freely to carry away the same, as also to seek or fetch his own Cattle or Hoggs off of any Mans Land,Cattle not to be fetch'd off of anothers Land, till after notice given him thereof. Licences for hunting wild Hoggs, first giving notice to the Owner of the Land of his intent, and of the time he intends to stay upon it; to the end that the said Owner may, if he think fit to send one to see what Cattle or Hogs he drives a­way: Provided always, That it shall be lawful for the Go­vernour to Commissionate some Gentlemen to give Licence to Persons to hunt wild Hogs upon any Mans Land without their fenced Plantations.

LXXII. Lands Five years in Possession.

WHereas sundry Suits and Controversies have been, and daily do arise, about Claims and Titles to Lands, to the great impoverishing of divers Per­sons; for remedy whereof, and for the better Esta­blishing the Inhabitants in the Rights and Possessions here­after: Be it Enacted, That all Persons whatsoever, that have or do pretend any Title to any Land, shall prosecute their Claims before the said Land hath been peaceably enjoyed Five years; otherwise it shall be a good Plea in Bar for the Possessor of such Land claimed or possessed, to affirm he hath had peaceable Possession without Claim by Commencement,Five Years peaceable possession of Land, shall confirme a Title thereto. or Prosecution of Suit full Five years; proof whereof, shall be a sufficient Confirmation to the Possessor, and shall conclude the Claim and Title of the Pretender; and this Act to extend to all such as have not prosecuted their Title within Five years, since the 6th day of October 1646: Always provided, That the limitation of Five years in this Act expressed, shall not bar Orphans nor Widows under Covert,This Act shall not ex­tend to Wi­dows, Orphans, or Persons of an unsound Mind. nor Persons out of the Country, nor Persons of unsound Minds: But that the said Orphans shall have Five years after they be of age, Wo­men Five years free from Coverture, (viz.) if she marry again before her Five Years are expired, and her Husband omit to make claim, his omission shall be a good bar against him; but if the Woman survive, she shall have so long time allowed her to claim in as will make up the first time of her fredom, five years: Persons of unsound Mind, five years after their recovery from their impotence;Nor to such as live out of the Country. Care taken in such Cases. Persons out of the Country, five years after their arrival into the Country: Pro­vided they come in within two years after the Title to the Land became due, in which times if they claim not as afore­said, to be utterly barred for ever; for otherwise the expecta­tion of Heirs out of England, where there is none born here, must in a short time leave the greatest part of the Country un-seated, and un-peopled, no Man knowing how or of whom, either to Purchase or take Lease.

LXXIII. Against Fradulent Conveyances.

Conveyan­ces of Estates shall be ac­knowledged be­fore the Go­vernor at the General [...]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 Go­vernour and Council at the General Court, or before the Justices at the County Courts; and there Registred in a Book for that purpose, within Six Months after such a­lienation: and whoever shall make over or alienate any part of his Estate, otherwise than is here expressed, the same shall not be accounted valid in Law, nor shall it bar any Creditor by seizing the same by Law for satisfaction of the Debt, the Property of the Estate not being legally vested in any but the first Vendor: And it is further Enacted, That any conveyance made,And shall be Registred within Six Months. and acknowledged, and record­ed, shall not be held good in Law, against any Creditors or former Purchasers, until Four Months after such acknow­ledgment made and recorded, in which time the Creditors or former Purchasers, may shew for what cause the said Con­veyance is to be accounted fraudulent; but if none appear within the said Four Months after the first acknowledgment in Court,Otherwise shall not be valid in Law. then the Sale shall be for ever after good against all other claimers or pretenders whatsoever, unless such as pretend to overthrow the first Sellers Title, in whom only five years possession can bar: Provided, That this Act shall not extend to such persons who for satisfaction of just Debts,Who are exempted from this Act. shall make a Bill of Sale of their Estates, or any part thereof, and deliver it bona fide into the Possession of the Creditor; but such Act shall be good and valid to all intents and purposes, this Act being made only to prevent fraud and deceit.

LXXIV. Quit-Rents how to be Paid.

WHereas his Majesty hath by his Commissioners ap­pointed a Treasurer to receive the Quit-Rents and others Fees and Profits due to his Majesty; and the payment of Quit-Rents being due in Money, which we, being destitute of Coin, cannot procure: Be it Enacted, That those persons that cannot procure Money, shall pay their said Rents in Tobacco, at Two pence per Pound, to such Collector or Collectors, as by his Majesties Treasurer shall be appointed;Quit-Rents may be paid in Tobacco at two pence per Pound. and that the Country paying the Rents double, the two next years shall be acquitted from all A­rears, by assent of the Honourable Sir William Berkly, who is Authorized by the Treasurer to make Composition.

LXXV. Surveyors of Land.

BE it Enacted that Surveyors of Land shall demand no more than Twenty Pounds of Yobacco, for Mea­suring One hundred Acres of Land,What 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, then 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, then such persons as shall imploy him, shall [Page 58] 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, intrench 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 [Page 59] 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 Collony: 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 satisfie the value of such Horses, Mares, Hogs or Cattle, but by virtue of this Act, be adjudged to satisfie 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, &c. 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 Neighbour-hood.

WHereas many contentious Suits are dayly 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 Chops 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 alters the scituation of the whole Neighbour-hood, and deprives many persons of [Page 60] 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 adjoyning, shall go in procession, and see the marked Trees of every mans 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 Neighbour-hood lay out the Land in Controversie, 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, then it will be when time hath raced out all knowledg 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 Neigbours to joyn in and see each others Mark renewed, and to appoint certain days between Easter and Whitsontide, 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.

VVHereas through the frequent Alterations of the High-ways, 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 High-Ways. That the Justices do yearly in Octo­ber Court, appoint Surveyors of the High-ways, 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;High-Ways shall be kept clear, and Bridges in good repair. that all his Majesties 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 enjoyned 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 High-ways,The Penalty of Felling Trees on the High-Way, or encroaching upon the same. and not clear the same, or inclose any part of the said High-ways within any fence, the Grand Jury shall present the same as a common Nusance, and the Inclosure 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 inforcing 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. Judgments 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, Judgments 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; [Page 63] 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 Judg­ment shall be of force seven years after the Grant thereof or after the date of this Act as aforesaid; but if the Debtor shall depart 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 satisfie 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 Collony, 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.

VVHereas no Provision hath been made for the cer­tain Conveyance of publick 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, [Page 64] 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 Priviledge 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 Priviledge.

LXXXV. Burgesses Charges ascertained.

WHereas the immoderate Expences 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 [Page 65] with so honourable and great a trust, might be very much prejudiced, and the place it self become mercenary and contemptible: Be it therefore Enacted, That the main­tainance 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.

VVHereas 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 Publick 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 Publick 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 [Page 66] 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 priviledge 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 enjoyn Obedience thereunto contrary to any Act of an Assembly, until the reversal of that Act by a succeeding Assembly.

LXXXIX. Assemblies to enquire 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 imployed in re­ceiving the said Presentments of the Grand Jury, and to en­quire 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 [Page 67] Vigor, and Offenders be deterred from Neglect or Con­tempt, when they shall find a severe Account of their Ob­servation is so diligently enquired into.

XC. Publick 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 expence, for prevention thereof, Be it Enacted, That all Letters su­perscribed for the use of his Majesty or the Publick, 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 publick 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 Gover­nour, some one of the Quorum, or the Collonel, Lieutenant Collonel, 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 Rumors and Reports, to the great disturbance of the Peace of his Royal Majesties leige People in this Collony: Be it En­acted, That what person or persons soever shall forge or [Page 66] [...] [Page 67] [...] [Page 68] 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. Chirurgeons Accounts regulated.

VVHereas the excessive and immoderate Prices exacted by divers a varitious and griping pra­cticioners in Physick and Chirurgery, hath caused several hard-hearted 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 lingring 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 Chi­rurgeons are unreasonable in their De­mands. where the Physician or Chirurgeon shall declare upon his Oath the true Value, Cost and Quantity of the Drugs administred; for which, the Court shall grant Order against the Plantiff 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. Chirurgeons Accounts Pleadable after decease of the Party.

WHereas by Act of many Assemblies no Accounts are Pleadable against dead mens Estates, whereby many Scruples have been made about the Accounts of Physicians and Chirurgeons, who cannot possibly take Bill: Be it there­fore Enacted, That Physicians and Chirurgeons Accounts shall be Pleadable and Recoverable, for means administred and pains taken in the time of Sickness, whereof the Party dies, and where the patient 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 Plantiffs, where­in he proves the Plantiff 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 Ballance 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 [Page 70] of the Assignment, and that the Debtor at that time pre­tended to no discount against it.

XCV. Accounts against Dead Mens Estates.

WHereas too sad Experience hath shewed 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 Chirurgeons Accounts are Pleadable; neither shall any Man be put to his Oath upon an Ordi­nary Keepers 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. Ballancing 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 Ballance, 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, [Page 71] yet that Account, though justly ballanced before, is often recovered by this Act prohibiting Accounts against Dead Mens 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 mans Estate, shall be ad­mitted in Dis­count. That Accounts a­gainst a Dead Mans Estate being sufficiently proved, shall be admitted in discount of an Account, due to such Dead Mans 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 Judgment 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 publick. 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 [Page 72] to the Laws of England, and further obliging himself to sell at the rates set by the Commissioners, and to pay annual­ly to the Governour Three hundred and fifty Pounds of To­bacco and Cask for his Licence.

XCVIII. Servants how long to Serve.

VVHereas 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.

VVHereas 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 Masters Goods and Provisions: Be it therefore Enacted, That no Minister either Publish the Banes, or Celebrate [Page 73] 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, then 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, then the Servant to be Whipped; and if it hap­pen, that a Bastard Child be gotten in such Fornication, then 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.

VVHereas 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 Run-aways: 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 Free-man running away from his Masters 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 Run-away 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 depart to annother, 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 [Page 75] 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. Run-aways.

WHereas there are divers loitering Run-aways in this Country, who very often absent themselves from their Masters 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 Run-aways that shall absent themselves from their said Masters 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,Run-away Servants shall serve their Masters twice the time of their absence, after the time of their In­denture is ex­pired. That the Master of any Run-away 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 Judgment 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 [Page 76] 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 Majesties 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 Ʋnruly Servants.

VVHereas the Audacious Unruliness of many Stubborn and Incorrigible Servants, resisting their Masters and Overseers, hath brought many Mischiefs and Losses to divers Inhabi­ [...]ants of this Country. Be it Enacted and Ordained,One Years Service to be given, for striking a Master or Mi­striss. That [...]e Servant that shall lay violent hands on his or her Ma­ster, Mistriss, or Overseer, and be Convicted thereof by Confession or Evidence of his Fellow Servant, or otherwise, before any Court in this Countrey, the same Court is here­by Required and Authorized to Order such Servant to serve his or her Master, or Mistriss, 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 Collony Servants.

CV. Against Trading with Servants.

WHereas divers ill-disposed Persons do secretly and covertly Truck and Trade with other Mens Ser­vants and Apprentices, who to the great injury of their Masters, are thereby induced and incouraged to Steal, Purloyn, and Imbezle their Masters Goods: Be it therefore Enacted,No Person shall Trade with Servants without Li­cense 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 Countrey, while Maryland remains a distinct Government, unless of such a Nature as may produce both the aforesaid Effects without Abridgement of any Mans 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 Re-planted any Tobacco after the said Tenth of July, shall Forfeit Ten thousand Pounds of Tobacco, to the use of the Publick.

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 Publick. 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 supprest, 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 pack'd up for Sale. Five thousand Pounds of Tobacco to the use of the publick. 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.

VVHereas the uncertain Value of Tobacco, the Unstapleness of the Commodity, and the probability of its Planting in other places, threaten this Countrey with the danger of an unavoidable ruin, which must in time fall upon it by the increase of the makers of it among our selves (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 Weaved 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 Linnen and Woollen Cloth made of the product of the Country by the publick. 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 Loome, and that to his knowledg it was really made in the Country as aforesaid, shall upon producing the same to the Governour and Council, be paid so much in the publick levy in the same County where they dwell.

CIX. An Act for Mulberry-Trees.

VVHereas 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 Collony 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, &c. 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 publick: Provided that this Act do not extend to Orphans, until the Expiration of Five years after their full age; and then if deliquent, to be liable as aforesaid, and no man planting more then 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 encouragment of all Persons that shall endea­vour to make Silk,Fifty pound of Tobacco al­lowed by the Publick for e­very pound of Wound Silk. there shall be allowed in the Publick Le­vy to any one for every pound of Wound Silk he shall make, Fifty pound of Tobacco, to be raised in the Publick Levy, and paid in the County or Counties where they dwell that make it.

CX. Encouragment 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 burthen decked and fitted to go to Sea,Fifty pound of Tobacco per Tun allowed by the Publick for all Vessels built in this Col­lony. shall for every Tun burthen the said Vessel shall contain, receive upon proof of her being so built, Fifty pound of Tobacco out of the Publick Levy.

Whereas Collonel 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 Encouragment, 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, Barque 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, Barque 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 Shoomakers, to Tan, Curry, and make the Hides of the Country into [Page 82] Leather and Shooes; and that the persons intrusted with the over sight of the Work-men, and the managing the Trade, do allow to the Inhabitants of the County for ever dry Hide they bring,Prices to be allowed for Hides. at the rate of Two pounds of Tobacco per pound, and sell their Shooes for Thirty pounds of Tobacco for plain Shooes, 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 Shooes.Rates for Shooes.

CXII. Two Acres of Corn for each Tythable.

BE it hereby Enacted, That all persons within this Col­lony, 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 aforsaid, 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 enjoyns.

CXIII. Stray-Horses, &c.

FOr remedy of the great abuse and wrong done in taking up of Stray-Horses, Cattel, and Boats lost, not only in concealing them, but in using and imploying 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, [Page 83] Cattle, or Boat, shall cause the said Horses and Cattle, with the Mark, Stature and Colour, and the said Boat,Stray Horses, Cattle, &c. shall within a Month after they are taken up, be Cried publickly in all the Churches and Chappels 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 pub­lickly in all the Churches and Chappels 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 Publick Notice given, then to publish the same, and set it up in Writing at the next County Court; where if no Owner appear, then 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 Ingros­sing 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 Go­vernour.

CXV. Exportation of Hides.

WHereas the Exportation of Hides, Wooll, and Iron, is generally conceived to be much prejudicial to the Common-Wealth and good of this Collony: Be it therefore Enacted by the Authority of this present Grand Assembly,Hides, Wooll, and Iron, shall not be export­ed. That what person or persons soever shall export out of this Country either Wooll, Hides or Iron, shall for [Page 84] every of their Offences in so doing, pay as followeth, viz. for every Hide 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 Wooll, 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 Publick.

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 Coun­trey, 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 Bouge 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 Mistriss that imploys him, Three thousand Pounds of Tobacco, the one half to the Informer the other half to the County where [Page 85] the Cask is made. And it any Cask shall be made of Tim­ber not seasoned, then 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 Canoos 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 Canoos, 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 Alarums, of which no certainty can be had, in respect of the frequent Shooting of Guns in Drinkings, whereby they proclaim and justifie that beastly Vice: Be it therefore Enacted,Shooting off Guns at Drinkings or Marriages forbidden. That what Person or Persons soever, shall after publication here­of Shoot any Guns at Drinkings or Marriages (Burials excepted) such person or persons so offending shall forfeit Two hundred Pounds of Tobacco to the publick, 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 Offendor,Millers 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 Vertue thereof to require all Millers and Owners of Mills, to provide by the Five and twentieth day of June next come Twelve-month, 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 [Page 87] Weights or Scales,Penalty up­on Millers Exactions. or for not sufficiently grinding) of the sum of One thousand pounds of Tobacco, and that the Grand Jury enquire thereof.

CXXII. Against Exportation of English Goods.

WHereas the necessities of this Countrey are relieved chiefly 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 Cloathing and the like: and by that means leave the Countrey 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 Collony 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 Publick.

CXXIII. No Mares or Sheep to be transported.

IT is also Enacted, That no Mares or Sheep be tran­sported out of the Countrey, upon treble the value to be forfeited by the Offendor, and by him paid, one half to the Informer and the other half to the Publick.

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 Countrey 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 Coun­trey, 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 Hoggs.

WHereas the Stealing and Killing of Hoggs is a Crime usually committed; and seldom or never detected or prosecuted in this Collony: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 satisfie 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 [Page 89] 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, then 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 Collony; except the said person produce a Pass. That no Master of any Ship, Vessel, Boat, or Barque, shall transport any person or persons out of this Collony, 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 [Page 90] stand indebted to any person within this Collony 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 Countrey, 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 burthensome 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 Majesties 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 [Page 91] of Tobacco, that shall upon any account whatsoever be Shipped on Board his Ship or Vessel to be exported: The said Payment either to be made in Money, Bills of Ex­change, or Goods at Thirty per Cent. Advance upon the Price of such Goods at the first Penny, and all Freighters to be accomptable to the said Masters for the Tobacco by them Shipped.

Be it also Ordained and Enacted by the Authority afore­said,Masters of Ships shall give an Ac­count of their Freight to the Collector upon Oath. for the discovery of the number of Hogsheads each Ship or Vessel contains, that the Master of such Ship or Vessel shall deliver his Boats-swains Book to the perusal of the Collector, and make Oath of the Truth of the same so far as he knoweth; and that the Mates, Boats-swain, or any other Sea man be sworn, if the Collectors see cause to discover the Truth of the said Freight.

And if any Master of Ship or Vessel, shall wittingly or wil­lingly conceal any part of his Freight from the Collector,Masters of Ships concea­ling any part of their Freight, fined 100 l. Ster­ling. and shall thereof be lawfully convicted; then the said Master shall forfeit for every such Offence the Sum of One hundred pounds Sterling, one Moiety thereof to go to the Informer, and the other to the Publick, and to be recovered by Action of Debt, Bill or Plaint in General Court or County Court, by vertue of this Act, against which no Assoin, Wager of Law or Protection to be allowed to any Person so offending: Be it further Enacted and Ordained, That if any Masters shall pass Bills of Exchange for the said Imposition, that then the Collectors are hereby required to take sufficient Caution of the said Master for the true and good Payment of the same: It is hereby also Ordained and Enacted, That the Collectors of the several Rivers and Places in Virginia, for the Receiving of the said Two Shillings per Hogshead, be appointed and confirmed by this present Grand Assembly, and give sufficient Security and Caution for the due Exe­cution of the trust thereby reposed in them; and to be accomptable to the next Assembly according to the tenor of this Act;The Col­lectors Sallary. and the said Collectors to be allowed Ten per Cent. sallery for collecting the said Imposition: Provided always, and it is hereby Ordained and Enacted by the autho­rity aforesaid, That this present Act of Assembly be and re­main in force.

CXXIX. Every Inhabitant in Northumberland and VVestmorland Counties to give an Account how many Hogsheads of Tobac­co they made, and to whom sold.

WHereas the Imposition of Two Shillings per Hogs­head cannot conveniently be levied upon Masters of Ships that come into Potomack River, by rea­son of their Anchoring in the Dominions of the Lord Bal­temore, whence they send their Sloops and Boats to fetch the Tobacco made in this Country without paying the said Imposition. Be it therefore Enacted, That every Planter in the Counties of Northumberland and Westmorland, shall certify into the Collectors Office, or unto his Deputy, the number of Hogsheads of Tobacco made by him and his Fa­mily, and to whom they are sold, and shall not suffer any of the said Hogsheads of Tobacco to be carried out of his House until he receive Certificate from the said Collector, that the Imposition of the said Tobacco is paid: And if any Planter shall contrary to this Act, suffer any of his Tobacco to be car­ried on board any Ship, Boat, or Sloop,; without such Cer­tificate, then the said Planter to be Fined 20 s. for every Hogshead so carried away without Certificate as aforesaid.

Whereas the like inconveniences are incident to Northam­pton County and lower Norfolk, in recovering the Impositions of Two, and Ten Shillings per Hogshead; as to the River of Potomack, by reason of the transportation of much of the Tobacco made in those places in Sloops to Mary-Land: Be it Enacted, That the Provitional Act made the last As­sembly for Payment of those Duties in Potomack River, extend and be in force in the said Counties of Lower Norfolk and Northampton, and that the Collectors appoint certain Persons to take accompt of the Planters accord­ing to the tenor of this Act.

CXXX. Payment of Fort-Duties in Accomack, &c.

VVHereas there is an Act of the last Assembly providing for the securing of the payment of the 2 s. per Hdd. due to the Countrey, but no Provision made therein for the securing the payment of Fort Duties of Potomack, Accomack, and Lyn Haven, Three pence per Hogshead payable for Fort Duties in Accomack, &c. from whence they fetch their Tobacco in Sloops: Be it Enacted, That the said Act shall extend as well to cause the Planters loading it, to reserve and make payment of Three Pence per Hogshead for Fort Duties of the said Tobacco, as for the payment of the 2 s. per Hogshead.

CXXXI. Ten Shillings per Hogshead,

WHereas the prudence of all Nations hath provided for the defraying the publick necessary Charges of the Countrey, rather by laying an Imposition upon the Adventurers for the Staple Commodities of the Coun­trey, by the exportation of which the greatest advantage ac­crues, then by taxing the persons of the Inhabitants; this present Grand Assembly endeavouring as much as in them lies, to ease the burthen of the People; and taking into Con­sideration the great benefit that accrues to other Countreys, by the Customs arising from our Commodity Tobacco; and that Virginia, whose particular Staple it is, hath from it, nor from the Adventurers hither, no publick advantage; We have thought it necessary and convenient, and accordingly have Enacted and Confirmed, That all Merchants, Ma­sters of Ships and Mariners, trading to Virginia, and not bound by Charter-party to return and discharge in any of the English Dominions in Europe, shall pay for every Hogs­head [Page 94] of Tobacco, they shall load aboard any Ship, Barque, or other Vessel, arriving here after the First of August next, and not bound as aforesaid, Ten Shillings Sterling either in Money or good Bills of Exchange,Inhabitants of this Coun­trey trading on Bottoms belonging to Virginia-Owners, freed from payment of the 10 s. per Hogshead. with good Caution or in good valuable Commodities, at 25 per Cent. Advance: Provided always. That all Adventurers Inhabitants of this Countrey, trading in Bottoms belonging to Virginia-Owners, shall be free from the said Imposition; it tending to the advancement of Trade here, and the incouragement of the Inhabitants to purchase Vessels, and of Mariners to make this their place of Residence.

CXXXII. Castle-Duties to be Paid.

WHereas the Castle-Duties granted by his Majesty to Collonel Francis Morrison, Captain of the Fort at Point-Comfort, are rendred of no value, by the Charge of Boat and hands going to Collect them; and the inconsiderableness of the Commodities they are paid in, being commonly the refuse of their cargo: Be it therefore Enacted,Masters of Ships shall give an Ac­count of the Bdrthen of their Vessels; and a List of their Passen­gers, to the Collector of Castle-Duties. That all Masters of Ships and other Ves­sels, being thereunto required by the Officer appointed by the said Collonel Morrison, shall give in a true Burthen of the Ships or Vessels, and the List of their Passengers, at such convenient places, and to such persons, as the said Collonel Morrison shall in each River appoint, upon Oath to be ad­ministred by his said Collector or Officer, if a Commis­sioner, or else by any one or two Commissioners; and if a­ny Master shall make false Entry either of his Burthen or List of Passengers, then he shall upon proof thereof made, pay Treble Duties for the number of Passengers or quantity of Tuns concealed; the same to be recovered out of the E­state of the Master so offending; and the like Penalty up­on all such Masters, as shall without coming into Harbour, fetch away their loading in Sloops or Boats:Half a pound of Powder, 3 l. of Leaden Shot, and 6 d. per Poll, pay­able for Castle Duties. And what Master soever shall not pay his Duties in kind, being half a pound of Powder, and three pound of Leaden-Shot per Tun, and Six pence per Poll for every person imported, not being a Mariner, that then he shall pay in lieu thereof One Shilling per Tun, and Six pence per Poll, either in [Page 95] Money or Goods, as they cost at the first Penny; and that the Collectors thereof transmit the said Entries of Ships and Passengers, under the hand of the said Masters, to the said Collonel Morrison, to be by him recorded in his Fort-Book, as formerly hath been accustomed.

CXXXIII. Ships to come up to James City.

VVHereas the Kings Majesties frequent Instructi­ons, hath Commanded that all Masters of Ships arriving in this Countrey, should before they break Bulk bring up their Ships to James City, which by reason of the seating of the Inhabitants in divers Rivers, cannot without much prejudice to the said Masters extend to all parts of the Countrey; yet that his Majesties Commands may as much as in us lieth be effectually obeyed; We the Governour, Council, and Burgesses of this Grand As­sembly, have thought fit to Enact, and be it Enacted by the Authority aforesaid, That all Ships whatsoever ar­riving in James River,Ships arri­ving in James River, shall be brought up to James City. do accordingly with the first Fair Wind and Weather after their arrival, bring up their Ships to James City, and there make Entry of their Ships, take out Licence to Trade, and perform such other things as they shall be there certified the Laws of the Countrey do enjoyn them.

CXXXIV. Priviledge of Virginia-Owners.

VVHereas some doubts have arisen about the pri­viledge of Virginia-Owners and their exem­ption from the payment of the Duties of Two, and Ten Shillings per Hogshead: Be it Enact­ed and Declared, That the said Priviledge is granted only to the Owners and Adventurers in such Vessels as solely and [Page 96] wholly belong to the Inhabitants of this Countrey,Such Vessels only as solely and wholly be­long to the In­habitants of this Collony freed from pay­ment of the 2 s. and 10 s. per Hogshead. and not to such persons as are only Partners of Vessels, whose other Partners dwell in other Countreys, and the Governour be Judge of such Proprieties and certifie the same to the Col­lectors.

CXXXV. A Publick Notary appointed.

VVHereas for want of a Publick Notary, the Cer­tificates and other Instruments to be sent out of this Countrey, have not that Credit given them in Foreign parts as duly they ought: Be it therefore Enacted, That Henry Randolph Clerk of the Assembly, be au­thorized and sworn a Publick Notary for this Countrey, to whose attestation at home and abroad We desire all Cre­dence may be given.

CXXXVI. Acts concerning the Indians.

WHereas the mutual Discontents, Complaints, Jea­lousies and Fears, of English and Indians, pro­ceed chiefly from the violent Intrusions of divers English made into their Lands, forcing the In­dians, by way of Revenge, to kill the Cattle and Hogs of the English; and by that means Injuries being done on both sides, Reports and Rumours are spread of the hostile Inventions of each to others, tending infinitely to the di­sturbance of the Peace of his Majesties Countrey; and where­as the Laws prohibiting the purchase of any Indians Lands, (unless acknowledged at General Courts or Assemblies, by reason it is as easie to fright them to a publick as well as a private acknowledgment) are made fruitless and ineffe­ctual, [Page 97] corrupt Interpreters often adding to this Mischief, by rendring them willing to surrender, when indeed they intended to have received a confirmation of their own Rights, and a redress of their Wrongs; which Mischiefs had they continued, must needs have involved the Countrey into an inevitable and destructive War: For Remedy of which Inconveniences, and that for the future a sure equita­ble Peace may be established, the Governour, Council, and Burgesses, out of their tender care of Justice, and the Peace of this his Majesties Countrey; have Enacted, Ordained and Confirmed, and do by these presents Enact, Ordain, and Confirm, That for the future, No Indian King or other, shall upon any pretence alien or sell, nor no English for any Cause or Consideration whatsoever, purchase or buy,No Pur­chase shall be made by the English, of a­ny Lands now justly claimed or actually pos­sessed by the Indians. any Tract or parcel of Land now justly claimed, or actually possessed by any Indian or Indians whatsoever; all such Bargains and Sales hereafter made or pretended to be made, being hereby declared to be invalid, void, and null, any Acknowledgment, Surrender Law, or Custom, formerly used to the contrary notwithstanding: And further, That the Indians properties in their goods, be hereby assured and confirmed to them, and their persons so secured, that who­ever shall defraud or take from them their Goods,No Inju­ries shall be done to the Indians. or do hurt or injury to their persons, shall make such Satis­faction, and suffer such Punishments as the Laws of Eng­land, or this Countrey do inflict, if the same had been done to an English-man.

And be it further Enacted, That what English-man hath already, contrary to the Laws formerly in force, for sur­rendring and acknowledging Indians-Lands, made incroach­ments or seated upon them, shall if th [...] make not good proof of their Title, upon Complaint ma [...]e, be by Order directed to the Sheriff to execute, rem [...]ved from their Seats of Land thus wrongfully incroached and all Houses by them, built upon the said Lands be demolished and burned.

And be it further Enacted, That all English Men having by Surrenders made at Quarrter-Courts or Assemblies,Such of the English as are seated near the Indians, shall assist them in make­ing a Fence. pro­cured a colourable right to any Land, by the said English now seated within Three Miles of any Indians, for preven­tion of the injuries done to the Indians by the said English Mens Hogs and Cattle, shall send such number of hands as [Page 98] 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 wonted conveniences of Oystering, Fishing, and Gathering Tuchahoe Cortenions, and other wild Fruits, by which they were wonted 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 Tooles 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 under-hand 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 Governour) under pretence that the things truck [...] 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 treble the value of the thing received, to the person injured thereby.

Differences arising in Trade with the Indians, shall be refer­red to the Go­vernour.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 Countrey: Be it therefore Enacted, That any Commissionated Trader having a Difference with any In­dian King or other, shall repair to the Governour for him or [Page 99] such other as he shall appoint, to determine the matter in controversie between them.

And because the imprisonment of an Indian may bring a War upon the Countrey,No person shall Imprison any Indian King with­out Warrant from the Go­vernour and two of the Council. and consequently the making of Peace and War being wrested out of those hands it is by his Majesties Commission intrusted, into the power of every In­dividual in the Countrey: Be it therefore Enacted, That no person of what quality soever, presume to imprison any Indi­an King, without a special Warrant from the Governour 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 Governour be desired and authorized to appoint uninteressed persons Commissioners,Bounds be­twixt the English and the Indians, shall be fixe. 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 enjoyned. And for prevention of future In­trenchments beyond the Bounds once fixed, Be it further Enacted, That the Governour be desired and authorized to commissionate certain Persons annually to visit the same, and to take care that no intrenchment 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 entercourse 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 [Page 100] 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 Publick: 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 Publick; and in case of disability, lie Six Months in Prison, without Bail or Main-prize: 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 Collony. 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 Governour 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 Collonel 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 Forreigners, 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 limitted them, and there procure harbour or en­tertainment,Penalty of harbouring Run-away 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 [Page 101] or entertained him, so much per day as by the Law for en­tertaining other run-aways 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 Go­vernour. 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 Governour 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. Clerks 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,Clerks 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.

CXXXVIII. Interpreters made of the Countrey.

WHereas Coll. John Flood hath long and faithfully served this Countrey 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.

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 injoyned 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 Publick 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 Countrey, 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,Servants Goods are to be disposed of for their own use. That all Servants bringing Goods in with them, not being their Own wearing Apparrel, 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 Masters dispose of the same for their own future advantage.

III. An Act against Persons that refuse to have their Children Baptized.

WHereas many Scismatical Persons, either out of aversness to the Orthodox Established Religion, or out of the new-fangled conceits of their own He­retical inventions, refuse to have their Children Baptized: 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 Bapti­zed. 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 Baptized, shall be amerced Two thousand pounds of Tobacco, half to the Parish, half to the Informer.

IV. An Act declaring how Judgment 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 Judgment 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:Proceedings 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 Judgment 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, Judgment shall pass against the Bail for the Debt.

V. An Act for Punishment of Scandalous Persons.

VVHereas many Babling Women slander and scan­dalize their Neighbours,Babling 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 Judgment 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 then Five hundred pounds of Tobacco, then the Woman to suffer a Ducking for each Five hundred pounds [Page 108] of Tobacco adjudged against the Husband, if he refuse to pay the Tobacco.

VI. An Act concerning VVomen-Servants, got with Child by their Masters.

VVHereas 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 shewing 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 shamelesly 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 loose persons to lay all their Bastards to their Masters: It is therefore thought fit and acccordingly 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 Church-Wardens of the Parish where she lived, when she was brought to Bed of such Bastard, sold for two years, and the Tobacco be imployed by the Vestry for the use of the Parish.

VII. An Act compelling VVitnesses Sub­poenaed, to deliver their Evidence upon Oath.

VVHereas the Law of the Countrey 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 [Page 109] 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-Chil­dren.

VVHereas by the present Law of this Countrey, 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-Chil­dren, 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 enjoyning the recording all Con­veyances made in England in the Secretaries Office.

VVHereas daily Experience sheweth that many Persons, Inhabitants of this Countrey, do privily make over their Estates to others in England, and by that means defraud all their Creditors in this Countrey of their just Debts: Be it therefore En­acted, [Page 110] That all Conveyances of any Estates in this Coun­trey made over to any person in England, or Authentique Copies,All Con­veyances shall be recorded in the Secre­taries Office. shall be sent over to this Countrey the next Shipping after they are made, and be here manifested in the General-Court, and recorded in the Secretaries Office, or else to be held for fraudulent and of no force, to the barring the Claim of any Creditor in this Countrey.

X. An Act for Defendants in Appeals, to give in Security to answer the Ap­peal.

WHereas by the Laws of this Countrey, 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 enjoyned to carry him to the Court, within [Page 111] four Months after he hath bought him, when the best Judgment 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 Countrey.

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 Countrey,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 VVomen-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 Imployment 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 accompt 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 [Page 113] September 1662,Two Shil­lings to be paid for every Hogshead of Tobacco Ex­ported. Ʋpon 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 Collony, with the Limitations offered to his Majesty by his Majesties Council of Trade for the Plantations. Be it therefore Enacted by this present Grand Assembly, That the Limitations of the said Order of his Majesties 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, Barque, 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 Governour, 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 Publick.

XVII. An Act concerning Castle Duties.

WHereas the Act of Assembly enjoyning each Master of a Family to provide a certain quantity of Pow­der and Shot, for each Tythable in his Family, is rendred 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 Countrey, All Masters of Ships and Vessels may pay their Fort Duties in kind, viz. Half a Pound of Merchantable Musquet Powder and Three Pound of Leaden Shot for each Tun their Ship or Vessel is of Bur­then, to the Captain of the Fort.The Ma­sters of Ships may pay their Fort Duties in Musquet 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 [Page 114] 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 Incouragement to Build Ves­sels,

Repealed by Act 15. 1666.

XX. An Act for Handy-craft-men to pay Levies.

VVHereas the necessity of the Countrey requires the laying upon it extraordinary Taxes at present:Handy-crafts-men shall pay Le­vies. Be it therefore Enacted, That the former Act exempting Trades-men and Handy-crafts-men from paying Levies be suspended for Five years, and they to pay as formerly.

XXI. An Act concerning Hides.

VVHereas 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 Coun­trey 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 Hide so sold. shall be Fined for every Hide so by him sold or o [...]herwise 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 Countrey, the Clause in a former Act prohibiting the same to be sold in the Country to the contrary notwithstanding.

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 Countrey, to the great indangering its publick peace and safety, and to the terror of the People, [Page 116] by maintaining a secret and strict Correspondency amongst themselves, and in the mean time separating themselves from the rest of his Majesties good and loyal Subjects, and from the Publick 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 Collony, 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 joyning in a Religious Worship, not Authorized of England nor of this Countrey; 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, rendring 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, then 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 Collo­ny. 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 Collony of Virginia to the place the Governour 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 Collony, to reside after the first day of July next, [Page 117] unless by vertue 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 Ma­sters 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 enjoyned to carry him or them out of the Coun­trey 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 Countrey: And be it further Enacted,Inhabitants that shall en­tertain Preaching Quakers, to be fined. That any person or persons Inhabitants of this Countrey, 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 Collony, 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 Gooods 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 im­powred to enquire, 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 [Page 118] 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 Countrey be hereby strictly enjoyned to take notice of this Act, and to see the same put in due Execution.

II. An Act concerning the Bounds of this Col­lony on the Eastern-Shore.

HIS Majesties Interest on the Eastern Shore of Virgi­nia, together with some Concernments of the Lord Baltamores, coming into Consideration of the Right Honourable Governour, and Council, and Burgesses of this Grand Assembly, they pretermitting for the present some o­ther of His Majesties Concerns of Land until a fitter oppor­tunity do think fit for the present to Enact, And be it fur­ther Enacted by the said Right Honourable the Governour, Council, and Burgesses of this Grand Assembly, and the Au­thority thereof, That Publication be made so soon as possi­ble by Coll. Edmund Scarbrough his Majesties Surveyor Ge­neral of Virginia; Commanding in His Majesties Name all the Inhabitants of the Eastern Shore of Virginia from Watkins Point Southward to render Obedience to his Ma­jesties Government of Virginia, and make payment of [Page 119] his Majesties Rents and all publick Dues to His Majesties Collony of Virginia. And whereas it hath been controvert­ed by some ignorant ill-disposed persons, where Wa [...]tkins Point the Lord Baltamores Sou [...]hermost Bounds on the Eastern Shore is scituate; 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 Collony on the Eastern Shore. and near unto and on the South side of the Streight Lymbo, 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 Majesties Subjects which now are seat­ed, are hereby commanded to yield due Obedience at their perils: And in case the Lord Baltamores Lieutenants or De­puties shall not be fully convinced of his or their actual or pretended Intrusions: This Grand Assembly of Virginia in due obedience making the particular part of Virginia their present care, on His Majesties behalf do engage and command Coll. Edmund Scarbrough, Mr. John Catlett, and Mr. Richard Lawrence, or any two of them, whereof his Majesties Sur­veyor General to be one, That upon convenient Notice and Assignment of time and place at Monakin, or any other part of His Majesties Countrey of Virginia, on the Eastern Shore, they or any two of them as aforesaid, shall give a Meeting to the Lord Baltamores Lieutenants or Deputies, or his or their Substitutes as aforesaid, the account whereof to be re­turned to his Majesties Governour and Council of Virginia, and debate and determination thereof; and in the mean time all the Inabitants on the Eastern Shore as aforesaid, are re­quired in his Majesties Name to conform due Obedience to this Act of Assembly: Be it also Enacted, That the Surveyor General of Virginia aforesaid, is hereby commanded and au­thorized to improve his best Abilities in all other his Maje­sties Concerns of Land relating to Virginia, especially that to the Northward of Forty Degrees of Latitude, being the utmost Bounds of the said Lord Baltamores Grant, and to give an account of his proceedings therein to the Right Ho­nourable Governour and Council of Virginia.

III. An Act prohibiting the Exportation of Deer-Skins or Calves-Skins.

Vide Act 12. Anno 1680.

IV. An Act prohibiting the Entertainment of Indians without Badges.

SInce it is manifest that divers Thefts are committed by Indians on the South side of James River, with which the Neighbouring Indians being taxed, say and affirm it to be done by the Tuscaroraes and other remote Nations, who lying sculking about the English Plantations for private sinister Commerce, cannot be so easily discovered and taken, by reason that the penalty by Law for Indians coming in without a Badge is laid on the Indians only and not on the English entertain­ing them:No English man shall en­tertain Indians without Bad­ges. Be it therefore Enacted, That what Englishman so­ever shall privately entertain any Indian or Indians of any Nation, not having a Badge according to Law, shall be li­able to the same Censure and Penalty as the Law imposeth upon an Indian for such their illegal coming in; and that the Informer or Discoverer thereof shall have half of the said Penalty.

V. An Act for better payment of the 10 s. per Hogshead

Repealed by the 7th Act. Anno 1665.

VI. An Act concerning the Salt-VVork at Accomack

Re­pealed by 7th Act. Anno 1666.

VII. An Act for the exacter Discovery of concealed Tythables.

WHereas divers Masters of Families, notwithstanding the many Laws made to the contrary, do conceal some of their Families legally Tythable to a very considerable number as may justly be suspected in the whole Countrey, and consequently do enlarge the Taxes of those that do legally conform, for Remedy of the like Abuses here­after: Be it therefore Enacted by this Grand Assembly, and the Authority thereof, That every Master of a Family shall give an exact Account of all Tythable persons in their said Family, with their several Names, to the next Magistrate ap­pointed to receive the List, annually by the 10th of June. And in Case any such Master of a Family shall conceal any person or persons of his Family,Masters to be fined for concealing Tythable per­sons in their Families. then every such concealed person or persons shall be forfeited to him that shall make it appear, unless he was bought after the 10th day of June: But if any such concealed person, being a Servant, hath less than a year to serve, or if the person concealed be a Free­man, then for every such person the Master of the Family shall forfeit One thousand Weight of Tobacco: Provided al­ways, That Women Servants be exempted out of this Act, which whether they are Tythable or not, is referred to the County Court to judge and determine.

VIII. An Act concerning the pursuit of Run-aways.

WHereas the ordinary way of making pursuit after Run-away Servants by Hues and Cries, is by Expe­rience found ineffectual for the recovery of them, and the pursuit at the particular Charge of the Master oftentimes impossible; for Remedy whereof, it is En­acted by this present Grand Assembly and the Authority thereof, That Pursuit after Run-aways be made at the Charge of the Countrey; for effecting whereof, any Justice at the instance of the Master or Masters of the Servants run [Page 122] 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 Run-aways, 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 Governours 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, certifie the Master of the said Servant of his having him in Custody:The Pub­lick 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, then the said Collector is required to take the Bill of the said Master, with security if needful, to the use of the Publick, 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, then 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 Publick disburs­ment 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 Publick 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 Publick 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.

VVHereas it was ommitted to be inserted in the Printed Laws of this Countrey, that Moneys due in England for any Consideration not im­ported into this Countrey 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 Countrey, but for Goods imported into this Countrey.

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 Countrey to ruin, by the Ma­lice of their two riged Creditors, who by that Act might, taking the advantage often times, when To­bacco [Page 124] 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 Proceed­ings in case of an Execu­tion for Debt, and what re­lief may be had therein. Be it therefore Enacted by the Governour, 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 treble 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 tendred 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 satisfie the Debt, then 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, then it shall be lawful for the next Commissioner to appoint Four indifferent persons to choose, appoint and apprize 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 controversie.

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 Countrey,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.

I. An Act for the priority of Payment to the Countrey-Creditors.

WHereas many Persons coming into this Countrey possessed of visible Estates, do by that means ob­tain Credit here, and contract several Engage­ments; notwithstanding which Engagements past for valuable Considerations, it often happens that the whole Estate is by pretended Accounts out of England, Debts con­tracted in Virginia shall be first satis­fied. and For­reign parts taken away, and the Countrey Creditors deprived by that means of their just Dues; which this present Grand Assembly taking into their serious consideration, Have there­fore Enacted, That in such Cases, all Courts shall give a pri­ority in Judgments for Debts contracted in the Countrey, if the Claim be made within Twelve Months, before which time no Forreign Debt shall be Pleadable, unless there be Effects remaining after the Countrey Debts are paid: But [Page 126] this Assembly intending hereby but only the prevention of frauds, not the prejudice of any just Creditor that hath bonâ fide adventured his Goods into this Countrey, hath therefore further Enacted, That if any Factor coming out of England or any other of his Majesties Plantations, shall within two Months after his Arrival, make Entry in any Court of Record, of the name of the Person adventuring by him, and the value of the Goods adventured, every such Adventurer shall, if the Factor die, have equal Pleading with the Inhabitants of this Countrey. But in case no such Entry be made, all Goods imported shall be taken to be the proper Estate of the Possessor: And to the end all Merchants and other Persons concerned, may have notice hereof: It is further Enacted, That this Act shall not be in force, until the first of March, 1665.

II. An Act for Frontiers to be seated with Four able Hands.

WHereas Experience hath evidenced, that the weak­ness of the Frontier Plantations hath anima­ted the Indians to commit several horrid Murders; This Grand Assembly endeavouring as much as may be the prevention thereof for the future, have Ena­cted,Plantati­ons on the Frontiers to be strengthen­ed with Four able Men well armed. and by these presents do Enact, That no person shall hereafter seat above the Plantations already seated, but with Four able Hands well Armed at his first seating down. Provided, That such Persons that have already patented Land in any remote Parts, may have Seven years granted them, to seat and strengthen each particular Plantation with the aforesaid number of Four Men, or else desert their Land.

III. An Act for Liberty to Plant.

VVHereas many Endeavours have been used, to induce the Province of Mary-Land, to comply with this Government in the Endeavours of les­sening the Quantity and advancing the Value of Tobacco, which could it have been effected, had undoubt­edly much augmented the Happiness and Prosperity of both Countries; but since the Government of Mary-Land, have after so many Treaties and frustrated Expectations, still con­tinued their aversness;Acts restrain­ing, Planting, Repealed. This Grand Assembly not think­ing fit to lay a restriction upon this Government while they have so great a liberty; have therefore repealed and anulled, and do by these Presents repeal and anull all Acts or Pro­clamations whatsoever, any way restraining the Inhabitants of this Countrey from making their utmost benefit of their Labour the ensuing year.

IV. An Act for the proportioning all Actions to the Forenoon and Afternoon.

WHereas the dispatch of business to the General Courts, is very much retarded by the liberty grant­ed to all persons Arrested to the said Courts, to appear at any time within the day assigned in the Writ by the Plantiff, by which means most Causes are referred to the Afternoon; and that time being insufficient to hear and de­termine the said Causes, the Court is thereby necessitated to put Business out of Course, by referring them to the next Morning: For prevention of which Inconveniences, this Grand Assembly have thought fit to Enact, and it is by the Authority thereof Enacted,The time for Issuing out of Writs, re­gulated. That all Writs that shall for the future issue out of the Secretaries Office returnable to the General Court, shall be divided according to the respective days into Ten for the Forenoon, and Ten for the Afternoon; and if the Plantiff shall at that time fail in appearing to prose­secute, a Non-suit shall be granted against him, and Judg­ment against the Defendant, or Bail, or Sheriff, in case the Defendant fail of his Attendance to Answer.

V. An Act concerning the regulating the Se­cretaries-Office.

WHereas it is evident, that in all Countreys the well and ill keeping of the Records, is of the highest Con­sequence, as being the only means to preserve the Rights and Properties of all the Inhabitants of the same; and since it appears that there hath been a great Neglect in keeping the Records in this Countrey: For remedy whereof for the future, the Grand Assembly at the instance of the present Secretary Thomas Ludwel Esq; have thought fit to Enact, and be it by the Authority thereof Enacted, That Captain Robert Ellison, The Records to be carefully Stated. Mr. Walter Chiles, and the Clerk of the Assembly, be appointed by the House to examine and state the Records as they now are; and that for the future, as soon as there is a place convenient to receive them,No person may be per­mitted to view them with­out publick Order, except only the Clerks of the Office, or whom else the Secretary shall appoint. no Person may have a view of them, unless upon publick Order, but the Clerks of the Office, or whom else the Secretary shall appoint; it being impossible to keep the Records certain, when they are prostituted to the view of every one that will look into them, who may as their interest leads, rend out what may make against them: Provided, That any Person, having occasion, may be with the Clerk when he makes the Search, for which Search there shall be paid to the Clerk for his Fee, One Shilling, or Ten pounds of Tobacco, besides paying for the Copy of the thing searched for:The Clerks Fee for search­ing the Re­cords. And it is further Enacted, That but half that Fee shall be paid to the Clerk for searching the County Court Records.

VI. An Act for conveneing of the People, upon the Summons of the Burgesses, to ad­journ Assemblies.

VVHereas the principal end of the Convention of Assemblies, is the making Provisions for the peoples Safety and redress of the Grievances, which being usually made known to the Burgesses of the [Page 129] respective Counties at the place and time of their Elections, which upon Adjournment of Alsemblies is not done,Notice to be given to the people by Pro­clamation, when the As­semblies are to be adjourned. by rea­son the Sheriff does not make publication of their Summons: It is Enacted, That for Convention of the Burgesses at this or future Assemblies adjourned, timely notice may be given to the people by publication in the Parish Churches of the day appointed by the Sheriff of their meeting at the u­sual places of Election, to present their Grievances to the Burgesses.

VII. An Act concerning VVidows Thirds.

WHereas some doubts have arisen about the propor­tioning and assigning the Thirds of the Estates of persons Intestate to their Widdow:All Estates of persons In­testated to be divided into Thirds, and the Widow to have her Thirds and choice after Division. It is for Expla­nation thereof, Enacted by the Grand Assembly and the Authority thereof, That the Estates of all Persons Inte­state where the Will is doubtful whether personal or real, viz. Land cleared or Wood Land and Housing, may be according to the quantity or quality of the said Land and Housing di­vided equally into Thirds, and the Widow to have her Thirds and choice after the Division.

VIII. An Act Repealing the Act concerning Rumme.

WHereas there was by a former Act of Assembly made at James City, March 20th 1661,The Act con­cerning Rumme and Paveal Sugars Repealed. an Imposition laid upon Rumme and Paveal Sugars; the House upon Consideration of the difficulties of collecting the said Impost, and the defining Pavea [...] Sugars, and prin­cipally the Obstructions it may bring to the Trade of the Countrey, have thought fit to Enact, That the said Act be totally repealed.

IX. An Act concerning Arrests in Court times.

VVHereas divers persons repairing to James City in the time of Quarter Courts and Assemblies, some about service of the Publick, some to give Evidences,No Arrests shall be served at James City during the General Assem­bly, nor five days before and after; ex­cept upon per­sons dwelling in James City County. others to their other occasions, which by the malice of some persons taking them at an advantage, are ar­rested to a present Answer; for fear whereof, divers persons do absent themselves, to the great prejudice of the Publick Affairs, and the Obstruction of Justice: It is therefore Ordered, That no Arrests Five days before the General Courts or Assemblies, or Five days after the General Courts or Assemblies be served upon any person at James City, except he be an Inhabitant of James City-County.

I. An Act Impowering a Justice of the Peace to grant Attachments.

WHereas it hath been scrupled whether a particular Justice of the Peace might in any case issue an At­tachment; this Assembly have thought fit to de­clare, That in case of suspicion of any persons intentions to remove out of the County where he dwells, either to con­ceal himself in the Countrey, or with-draw himself out of the Countrey, whereby the ordinary proceedings at Law can­not be had against him:In what case one Justice of Peace may may grant At­tachments. It is and may be lawful for any Justice of the Peace to issue out an Attatchment against so much of the Estate of the person so suspected to remove, as by the Claim made shall in his judgment appear due to the Creditor; replievable by security given or appearance at the [Page 131] next Court: Provided, That the said Justice take sufficient Security of him that desires the Attachment to pay the Da­mages the Court shall award to the Defendant, in case the Plantiff be cast in the Suit.

II. An Act for Repealing of the Act for defraying the Incouragement for killing VVoolves by a Tax upon Horses.

VVHereas the Act for Levying the Incouragement of killing of Woolves upon Horses,The Act for Levying Mo­ney on Horses for encourag­ing the killing of Woolves repealed. by reason of the great inequality thereof, imposes too great a burthen upon those Frontier Counties which have most Woolves killed and fewest Horses to bear the Charge: It is therefore Enacted by this present Grand Assembly and the Authority thereof, That that Act shall be, and hereby is repealed, and the former Law for paying the Incouragement per Poll be revived and continued.

III. An Act prohibiting the Sale of Arms to the Indians.

VVHereas there was formerly a Law in force pro­hibiting the Sale of Arms, Ammunition, or Guns, to the Indians, which upon considerati­on of the said Indians being furnished by the Dutch, was omitted: It being then thought impolitick to debar our selves from so great an advantage as might accrue to us by the Indians Trade, when we could not prevent the supply; yet since those envious Neighbours are now by his Majesties Justice and Prudence removed from us, and the Trade now likely to be in our hands, and none to furnish them besides our own Nation, which in these times of e­minent Danger hath scarce ability to furnish our own wants: It is therefore Enacted by this Grand Assembly and the Au­thority [Page 132] thereof, That the Sale of Arms, Guns, Powder and Shot,Any person selling Ammu­nition to In­dians, for the first Offence shall be fined 10000 l. of Tobacco, and for the second be prosecuted as a Felon. be wholy prohibited, and that whosoever, contrary to the intent of this Act, shall by himself or any other, sell or barter Powder, Shot, Guns, or Ammunition to any Ind [...] ­an, shall be fined Ten thousand Pounds of Tobacco, or suf­fer Two years Imprisonment without Bail or Mainprize for the first Offence, and for the second to be proceeded against as Felons.

IV. An Additional Act for better restraining the Exportation of Hides

Repealed by 12 Act Anno 1680. Vide.

V. An Act concerning the intent of some former Penalties.

VVHereas certain doubts have arisen in giving Judgment upon a Penal Law, as stealing of Hoggs, taking away of Boats, and the like, where several persons may be Actors in committing the same Offences, viz. whether the Penalties imposed are to be levied upon all the Actors in general,Where se­veral are A­ctors in the same Crime, every one to be fined. and the pay­ment of the Penalty specified in the Act by any one should acquit the rest, or else Judgment pass for the entire Sum a­gainst every particular and individual Offender: Be it En­acted for the better deterring people from committing such Offences, That in all such Cases every particular Offender may be singly prosecuted and have Judgment passed against him for the whole Fine; And because the Laws have been silent in prescribing any way to punish Servants guilty of the Breaches of such Acts where Freemen are to pay a Fine, of which they are during their Service wholly uncapable, and might be encouraged to attempt it, should their punish­ment [Page 133] be respited, until their time of Service is expired: Be it therefore Enacted,Servants that are Of­fenders, not being capable of paying a Fine, are to receive Corpo­ral Punish­ment. That in all Cases where a Free-man is Punishable by Fine, a Servant shall receive Corporal Pu­nishment viz. For every Five hundred pounds of Tobacco, Twenty Lashes; and so many such several Punishments as are Five hundred Pounds of Tobacco included in the Fine, unless their Master or other Acquaintance will Redeem them by making Payment: And it is further Enacted, That if any Person shall by procurement of the Servant upon pro­mise and agreement for future Service, pay the Fine and Re­lease him from Punishment, such Agreement made, shall notwithstanding the Coverture, bind such Servant to per­formance after his time by Indenture is Expired: And fur­ther that the Master have like Remedy against the Servant, in Case of his Trespassing against him.

VI. An Act concerning Bounding of Coun­ties and Parishes.

VVHereas there is a Law that binds us to the Bounding of our Lands:Counties and Parishes to be Bounded. Be it Enacted by this present Grand Assembly and the Authori­ty thereof, That the same Law be in force to the Bounding of our Counties and Parishes.

VII. An Act repealing the Act of 10 s. per Hogshead.

WHereas the imposition of Ten Shillings per Hogshead on Vessels trading from New-England and the ad­jacent Plantations, hath probably hindred their trading in [Page 134] this Countrey,The Act for Payment of 10 s. per Hogs­head repealed. and drawn much trading to Mary-Land, which the Burgesses taking into their serious Consideration, and requesting the Right Honourable Sir William Berkley Knight and Governour, who most heartily and willingly granted the taking off the said imposition of 10 s. per Hogs­head: Be it therefore Enacted by this present Grand As­sembly, That all Vessels trading here out of New-England, or any other the adjacient Plantations in America, shall from henceforth be free from the imposition of 10 s. per Hogshead, and pay no other Dues, Duties or Customs, then any other Ships or Vessels trading here out of England, or any other his Majesties Dominions.

VIII. An Act concerning the Indians.

The Act concerning Murders com­mitted by In­dians made General.WHereas at a Grand Assembly held at James City Sep­tember the 10th 1663, it was provided, That where any Murder was committed by the Indians upon the Eng­lish, the next Town of Indians was to use their uttermost Endeavour for the bringing in and discovering the Actors and Doers thereof, and in regard the said Act was only limited upon the Northern-Indians: This Grand Assembly have thought fit to Enact, and be it Enacted, That the said Law be made a General Law against all Indians what­soever; and where any Murders shall be committed upon the English, the next Town is to use all their care and dili­gence in finding the Doers and Actors of the said Mur­ders: And be it further Enacted, That if any English-man be murdered, the next Town shall be answerable for it, with their Lives and Liberties to the use of the publick; and that the Honourable Governour be humbly requested forthwith to impower such persons as his Honour shall think fit in each County on such occasions for putting the said Law into immediate execution. And that it be made known to all Indians whatsoever by those persons so com­missioned, [Page 135] within Two Months after the said Law is in force: And be it further Enacted by this Grand Assembly, That the said Indians shall not have power within them­selves,The Wero­mance or chief Commander of the Indians, shall be chosen by the Gover­nour of Virgi­nia. to elect or constitute their own Weromance or Chief Commander; but the present Honourable Governour and his Successors, from time to time shall constitute and au­thorize such Persons, in whose Fidelity they may find greatest cause to repose a confidence to be Commander of the respective Towns; and in case the Indians shall refuse their Obedience to, or Murder such person, then that Nation of Indians so refusing or offending, to be accounted Enemies and Rebels, and be proceeded against accordingly: And whereas the careless manner of the English in going un-armed to Churches, Courts, and other Publick Meet­ings, may probably in time, incite the Indians to make some desperate attempt upon them: It is further Enacted, That the Honourable Governour be requested to issue his Commands to the Officers of the Militia, to take care to prevent the same: And it is further Enacted,No person shall harbour or imploy any Indian, with­out having first given Se­curity, and obtained Li­cence of the Governour. That any person or persons, that shall harbour, entertain or imploy any Indian, shall be fined Five thousand pounds of Tobac­co, or suffer one years Imprisonment without Bail or Main­prize, unless such as shall give sufficient Security to the Coun­ty Court, and upon such security obtain a Certificate from the said Court, and upon that Certificate a Licence from the Governour: And whereas by the former Articles of A­greement, it was provided that no Indians which were seated: on the South-side of James River, should come over the Black-Water, or the Southern Branches thereof: It is here­by Enacted, That the said Southern Branches of Black-Water, be from the head of those Branches to the present Appomat­tuck Indian Town, and thence cross the River by a con­tinued Line to the present Monakin Town, be the bounds of the Indians on the South-side of James River.

IX. An Act concerning the Building of a Fort.

A Fort or­dered to be Built.IN Obedience to his Majesties Royal Commands, and for the better defence of the Countrey, this Assembly have thought fit to Enact, and be it Enacted, That a Fort be Built with all convenient Expedition, where the Right Honourable the Governour shall think most convenient; and that Fourscore thousand Pounds of To­bacco be levied to that purpose,The Gover­nour to direct where. besides the sale of the King of Potomacks-Land: Be it further Enacted, That his Honour give power to press Carpenters, Labourers and other Work-men; and that the Carpenters finding themselves Diet and Lodging, be allowed Forty five Pounds of Tobacco per day: And for the better expe­diting and finishing the said Fort,Provisions for Building the same. It is hereby Ena­cted, That it shall be lawful for the Surveyor of the Work­men, to cause Pines to be fallen in any mans Land for that use, paying to the Proprietor of the Land Six pence for each Tree: And it is further Enacted, That each person of the Trained-Bands in James City and Surrey Counties, contribute Six days Work towards the perfecting the said Fort, and to bring their own Provisions with them: And be it further Enacted, That Capt. William Bassett be Au­thorized Surveyor of the whole Work, and have Command of the Work-men therein imployed, the County gratifying him the said Capt. Bassett with Ten thousand pounds of To­bacco; And the Assembly taking into Consideration what persons be fit to keep the Fort, and be Captain of the same. Have Enacted, and it is hereby Enacted, That the said Soldiers that attend the Governour at General Courts, be ordered to keep the Fort; those Courts excepted where a single Centinel will be sufficient, and that the Capt. of the Guard have the Command of the Fort, and receive a fitting Annual Satisfaction for the same; and that the Souldiers likewise may have a competent Addition to the former pay: And it is further Enacted, That no Tobaccoes for these oc­casions be levied this year.

X. An Act Preparatory to a Stint or Cessation.

Vide Act 1. October 23d 1666.

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 Collony, and hath hitherto left the receiving or refusing their Debts to their own-discretions, without o­ther restrictions to them or liberty to the Planter then this, That if by the last of January the Creditor did not de­mand his Tobacco, it might then be lawful for the Debtor to dispose of it; leaving the Debtor still liable to be sued that year for Security for his Debt. Upon which divers [Page 138] persons for their private advantages did omit the demand­ing of the Tobacco in time, and thereby rendring the Planter uncapable of disposing of his Tobacco or clearing himself from the Engagements. For redress of which in­conveniences,Creditors to demand and receive their Tobacco by the last of Ja­nuary. Be it Enacted by the Governour, Council, and Burgesses of this Grand Assembly and the Authority thereof, That if the Creditor refuse or omit to demand and receive his Tobacco by the last of January, that then it shall be lawful for the Debtor at any time between that and the Twentieth of February, to address himself to the two next convenient Justices of the Peace, who are hereby required and impowered to appoint three honest and able Men of the Neighbourhood on their Oaths, to view the To­bacco: And if they find it legally Merchantable, whether Old or New, then to weigh and mark it for the use of the Creditor, on whose account the Tobacco so viewed and ap­proved as aforesaid shall after lie; the Debtor still endea­vouring to secure it as before the Tender: and the Debtor upon producing the Certificate of the said Tender from the said Justices to the next Court,Difference between Deb­tor and Cre­ditor whether the Tobacco tendered be merchantable or not, to be decided by an Ʋmpire. that Court shall by their Or­der discharge the Debtor from his Debt, provided the Tender be made in place according to Specialty. And it is further Enacted by the Authority aforesaid, That in Case of Difference between the Debtor and Creditor, or his At­torney, if either of them be present, whether the Tobacco tendered be merchantable or not, then, two Commissi­oners as aforesaid, are hereby impowered to appoint a third person as an Indifferent Umpire to determine the difference between them.

III. An Act for Altering the Day of the Ge­neral Court.

WHereas the Right Honourable the Governour and Council, for divers Reasons them thereunto mo­ving, have desired that the General Court begin­ning by the present Act the Twentieth day of March, may [Page 139] hence forth be held the 15th day of April: The Gene­ral Court to be held on the Fifteenth of April. It is Enacted by this present Grand Assembly and the Authority thereof, That the said Court be not hereafter held upon the 20th day of March, but upon the 15th day of April, as by this Act is Provided and Confirmed.

IV. An Act for repeal of the Act preparatory to a Stint.

VVHereas the Act preparatory for a Stint or Cessa­tion, imposed a Rate upon Wheat of Three Shillings or Thirty Pounds of Tobacco per Bushel: The Governour, Council, and Burgesses of this Assem­bly considering the Low Prizes Tobacco hath been purchased at, and lest the Creditor should draw the price there set in­to president, have thought fit to Enact, and do Enact by the Authority thereof, That the said Act be to all intents and purposes repealed and made void and null.

I. An Act for a Cessation.

The Act for Cessation of Planting To­bacco from the First of February 1666, to the First of Fe­bruary 1667, declared to re­main in force.WHereas at an Assembly held at James City the Fifth of June 1666, it was Enacted, That a Cessation from Sowing, Setting, Planting, or Tending Tobacco, from the First of February 1666, until the First of February 1667, should be esta­blished in this Countrey of Virginia, in case the Pro­vince of Carolina should give their assent to the same, as the Province of Mary-Land by their Act of Assembly had engaged to do: Both their said Acts of Assembly of Mary-Land and this Countrey impowering certain Commissioners to treat and conclude of the best means of security for put­ting the said Acts into effectual execution: By vertue whereof the Commissioners in the said Act nominated and appointed, did upon the Tenth day of July following meet at James-City, and then and there concluded and agreed upon certain means and ways for putting the said Acts in­to effectual practice, and for the prevention of all frauds and deceits that might be practised therein, as by the Ar­ticles there made more fully doth appear. At which Meet­ing the Commissioners of that Province of Carolina did also oblige themselves that the Province of Carolina should by an Act of their Assembly confirm the Agreements afore­said, and transmit the said Act to the honourable Gover­nours of Virginia and Mary-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 [Page 141] confirmed, could not be sent to Virginia and Mary Land by the time in the Articles agreed upon. For which cause the Governour and Council of Mary Land, though they still acknowledge the Act it self for a total Cessation from Planting as aforesaid to remain in its full force, and in pursuance of the Establishment thereof, have caused a Proclamation to issue, requiring and commanding all per­sons in the said Province to yield conformity and due obedience thereto: of which to testifie their full intents of executing the said Act, transmitted a Copy to the Right honourable the Governour of Virginia, yet in his Letter declaring, That by reason of the said Act of Carolina's not coming to them by the time in the Treaty prefixed, They conceived that all the Articles in the said Treaty contain­ing the means to have the Act assuredly and without fraud put into practice became void: And for that cause another Treaty must of necessity be required, which Rea­sons the Governour, Council, and Burgesses of this Grand Assembly taking into their serious Consideration, have En­acted and Declared, and by these Presents do Enact and De­clare, That the aforesaid Act of the Fifth of June, prohibiting the Sowing, Setting, Planting or Tending To­bacco from the First of February 1666, until the First of February 1667, is and remains in full force, and is hereby Ratified and Confirmed: And all persons are re­quired to take notice thereof, and yield their due obe­dience thereunto. For the surer Establishment thereof, the Commissioners in the aforesaid Act nominated and appointed, or so many of them as are there required, are hereby again impowered and desired to renew the for­mer Treaty with the Commissioners of Mary Land, and to re-establish the Articles in the former Treaty agreed upon and concluded; the Grand Assembly hereby obli­ging themselves, That the Publick Faith given by 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 Countrey 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 Governour of Virginia, the other to the Lieutenant General of Mary Land from the Governour of Carolina, That the Inhabitants of that Province will truly observe the Articles agreed upon be­tween [Page 142] the Governours 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 Governours Honour is here­by requested by his Honours 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 Governours Honour hereby requesting to send Message to the Lieutenant General of Mary-land to certifie to him that upon the 7th day of Dectember next, or as soon af­ter as Wind and Weather will permit, the Commissioners of this Countrey will meet the Commissioners appointed for that Province at St. Maryes 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 Governours Honour be requested so soon as possible after the Conclusion of the Treaty, to publish and declare by his Honours Procla­mation the full intent and tenor thereof to the several Counties of this Collony.

II. An Act shewing 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 [Page 143] 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 peoples Necessities and enabling them to provide for their Subsistance in the Vacant year from Planting, have Enacted, and by the Governour,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 publick Dues; 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 Publick Dues.

BE it also further Enacted by the Authority afore­said, That all Publick Dues this year, in regard of the Cessation and Cause that expectation of ad­vancing the Value of Tobacco, there be an abatement [Page 144] of the Sums formerly allowed: And that all Publick 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 Countrey Commodities at the Rates here following:Valuation of Commodities for payment of Publick Dues, during the Cessation from Planting. Viz. Wheat, Garravances, and English Pease per Bushell Forty pounds of Tobacco, or Four Shillings, Indian Corn shell'd Two Shillings or Twenty pounds of Tobacco, Barley per Bu­shell 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 Bushell Thirty five pounds of Tobacco or Three Shillings six pence, Oates per Bushell 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.

VVHereas 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 then 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 Coun­trey 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 encouragment of able Men in that Science to practice 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 Divident exceed not, or amount to One thousand Acres; but if under that Quantity, then Four hundred pounds of Tobacco; and for the same shall deliver an exact Plat 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 hindred, 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, then he can return in a day, then such Satisfaction to be allowed him as by the former Act is allowed.

VI. An Act repealing the Act of Encourage­ment for Killing of VVoolves.

VVHereas in some Frontier Counties the num­ber of Woolves killed and brought in by In­dians, though from never so remote pla­ces, hath very much encreased 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 burthen 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 Governour 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-VVork at Accomack.

VVHereas the County of Northampton hath shewed, That by a former Act of Assembly, the importation of Salt into that County was prohibited for the greater Encouragment 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; Collonel 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.VVHereas there is a general Complaint of the want of Ammunition for defence of the Countrey 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 Countrey, do sufficiently E­vidence the necessity of providing a supply of our Wants, by improving all means of rais­ing and promoting Manufactures among our selves, and the Governours Honour having by apparent Demonstrati­ons manifested, that our Poverty and Necessity proceed more from want of Industry then defect of Ability, since that Five Women, or Children of Twelve or Thirteen [Page 145] years of age, may with much ease provide sufficient Cloathing 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 Coun­trey 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 publick 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 Publick 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 Run-aways.

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 Run-away Servants for two or three days, or more; thereby encouraging the said Ser­vants [Page 146] in such lewd courses: For prevention whereof, Be it Enacted by the Authority of this present Grand As­sembly,Such as en­tertain Run-aways fined. That what person-soever, contrary to the Act in force, shall harbour or entertain any such Run-away 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 Coun­trey. This Act extending only to those Servants that serve by their first Indenture.

XII. An Act concerning Servants coming in without Indentures.

VVHereas the present Act in force prescribing how long Servants coming in without In­dentures shall serve, enjoyns 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, then 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, [Page 147] 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 Judgment 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 Publick,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 dwelt or the Fact was committed, for avoidance of which Charge it is proba­ble that many Lewd Livers by a too favourable Cen­sure escape their deserved Punishments: Be it therefore Enacted by the Grand Assembly and the Authority thereof, That where the person committed hath Estate sufficient to defray the Charge of his Prosecution, the Publick or County shall not be charged, but the whole paid out of the Delinquents Estate, and the Publick and County only then liable to satisfie where no Estate or not sufficient can be found and discovered.

XIV. A Dispensation for Lower Norfolk to ship their Tobacco,

a private Act.

XV. An Act repealing the Acts of Encourage­ment.

WHereas the Prudence and Care of the Publick Good in former Assemblies, thought fit for the Advance and Promotion of Trade, Manu­factures, and Staple Commodities in the Coun­trey, to grant out of the Publick certain Encourage­ments for Building of Vessels, making of Silk, Cloth, &c. By which means divers people being induced to put the same in practice, have by their success made evident demonstrations how beneficial the same will be; This Assembly in hopes that all People now convinced of the Profits accruing thereby, will of their own accord vi­gorously prosecute those apparent profitable designs; Have therefore for the ease of the Publick Taxes thought fit to Enact, and by this Grand Assembly and the Authority thereof,All Acts of Encourage­ment repealed except the Act releasing the Imposition of 2 s. per Hog­shead to the Inhabitants rf this Collony. it is Enacted, That all Acts of Encouragment of Silk, Building of Vessels, or any other things else, henceforth be generally and totally Repealed and Void, except the Act for release of the Impost of two Shillings per Hogshead to Inhabitants of this Coun­trey adventuring in Vessels belonging properly and solely to Virginia-Owners, according to the 134th Act of As­sembly. And moreover, That the Act for not planting Mulberry-Trees, which every one intending to make Silk, now voluntarily propagate, be also repealed and made void.

XVI. An Act for Millers to Grind according to Tourne.

WHereas divers Owners and Keepers of Publick Mills in this Country, do refuse to Grind Corn according to Tourne, for the Reward and Toll already set and appoin­ted by Act; Be it enacted by this Present Grand Assembly, and the authority thereof, that what person soever, Master, Owner or Lessee of any Mill, shall refuse to grind as afore­said, shall be fined and amerced, One Thousand Pounds of Tobacco for every such offence; And if the Miller so refusing be a servant, he shall be punished at the discretion of the County-Court, where the offence shall be committed, and complained of, unless the said servant can prove that what he did was done by order of the Master; which Fine shall be recovered by any person injured by Action of Debt in the Court of that County where the offence was committed.

XVII. An Act Including Sheep in the 77th Act.

WHereas the seventy seventh Act concerning the In­sufficiency of Fences, prohibits any injury to be done to several sorts of Beasts and Cattle, amongst which Sheep are not Included, It is hereby enacted,Sheep Com­prehended in the Act con­cerning insuf­ficiency of Fences. that from hence­forth Sheep shall be comprehended in the said Act, and dam­mages recovered for any injuries done to them, by vertue of the Act aforesaid, as for other Cattle is there provided.

XVIII. An Act Ascertaining Dammages upon Protest­ed Bills of Exchange.

WHereas it appears that many Bills of Exchange drawn upon persons in England by people resident in this Country, in confidence that the Goods by them sent, might produce effects sufficient to satisfy them, which ex­pectation being frustated sometimes by the miscarrying of the Ship, sometimes by not sail of the Goods, or pretence thereof by the Parties on whom they were drawn, causes the said Bills to be protested, and by the great dammage of thirty per Cent. Dammages upon protested Bills of Ex­change shall not exceed 15. per Cent. given by Act against the Party that charged them is found to tend too much to the detriment and preju­dice of the Inhabitants of this Country, It is therefore enacted by this Present Grand Assembly and, the authority thereof, that from henceforth the dammage upon Bills of Exchange protested, shall not exceed fifteen per Cent. and that the for­mer Act giving thirty per Cent. be hereby repealed and made void.

XIX. An Act declaring that no Justice shall take Fee.

VVHereas there is an Act intended for the Relief of poor people, that Causes not exceeding the value of twenty shillings sterl. or two hundred pounds of Tobacco, might be determined by a Justice of the Peace with­out further suit; and whereas Complaint hath been made that some of the Justices have contrary to the good intent of the said Act exacted Fees from the Parties coming before them for Justice, to a greater value then the thing sued for amounted to; It is enacted by this Grand Assembly, & the Au­thority thereof, that it shall not be lawful for any Justice of [Page 151] the Peace to receive of any person any Fees for any Cause or Matters brought before him or determined by him.

XX. An Act declaring what is meant by Seating of Land.

VVHereas there is in all Pattents a provisional Clause for Planting or Seating the Land therein granted within three years, but never yet by any Law declared what was meant by that Clause,Building a house and keeping a stock one whole year upon Land, shall be ac­counted suf­ficient seating thereof. nor what should be accounted sufficient Seating or Planting; This Grand Assembly, for the better explanation thereof, have declared and enacted, and by the authority thereof, do enact and declare, That build­ing a house, and keeping a stock one whole year upon the Land, shall be accounted Seating, and that clearing, Plant­ing and Tending an Acre of ground for one year, shall be ac­counted Planting, and that either of these shall be adjudged as a sufficient performance of the condition required by the Patent; and that after such Planting or Seating the Land as aforesaid, and continuance of paying the Quit-Rents, no Land shall be adjudged to be deserted.

XXI. An Act concerning Imperfect Pattents.

VVHereas the Honourable Thomas Ludwell Esquire, hath Informed the Assembly, that he finds in the Records, many Patents for great parcels of Land, for which there appears not any Rights upon Record of them extant, upon which the Assembly, taking the Premises into se­rious consideration, and also the great trouble and preju­dice that may ensue to divers honest Inhabitants of this Country, in asserting their Titles, though in truth never so good, yet by these neglects of the Clerk, rendered in strictness of Law altogether invalid, for Remedy whereof, the Go­vernour, [Page 152] Council and Burgesses of this Present Grand As­sembly have enacted, and it is by the authority thereof, E­nacted and Ordained, that for preservation of all Present Ty­tles and prevention of future Trouble, That all Lands held by former Patents, of which there is no Record extant, or to which there are no Rights annexed in the Records until the date of this Present Assembly,Fumer Pa­tets shall remain firm and valid although no Record there­of be extant. shall for ever be held valid and firm, according to the claims of the several Pa­tents, those defects being found to have happened by the neglect of the Clerk in those times in not making present entry of the Rights delivered to them, and the Casualty of of two several Fires whereby many of those Rights, with other Papers were destroyed, the Assembly hereby rendring Thanks to Mr. Secretary for his care of preventing future trouble,All Patents shall for the future be composed with the Record be some they pass the Of­fice. and requesting him to continue it in not suffering any Patent hereafter to pass the Office, before the Rights are entered, and the Patent compared with the Record.

XXII. An Act commanding Law-Books to be pro­vided for each County.

VVHereas for the better Conformity of the Proce­dings of the Courts of this Country to the Laws of England, it appears necessary, that for the better directi­on therein, all the former Statutes at large, and those made since the beginning of the Raign of his most Sacred Maje­sty that now is, and some other esteemed Books of Law, be purchased; It is therefore by this Grand Assembly, and the authority thereof, accordingly enacted, that all the a­foresaid Statute-Rooks, and Daltons Justice of the Peace, and Office of a Sheriff: and Swainbournes Book of Wills and Testaments be sent for by Mr. Auditor, and paid for out of the two shillings per Hogshead, and the like Books to be sent for by some of the Commissioners of the County-Courts for the use of the Respective Counties, and paid for out of the County-Levy.

XXIII. An Act Imposing Fines on Refractory Persons.

VVHereas the Officers of the Militia have Complained, that divers Refractory Persons have in Contempt of authority impowering them, and to the ruine of all Mi­litary Discipline refused to appear upon the days of exercise and other times when required to attend upon publick ser­vice; It is enacted by this Grand Assembly,Such as refus to appear on the days ap­pointed for the exercise of the Militia. fined an hun­dred pounds of Tobacco. that every per­son neglecting to appear, shall for every such Neglect be a­merced and fined, one hundred pounds of Tobacco, to be dis­posed of by the Militia, for the use of the Regiment; And that the Commanders return of such Fines to the Sheriffs of the Respective Counties shall be sufficient Warrant, in case of the Parties denial of payment to levy the same by distress. Provided, that if before the laying of the Levy, the Party Amerced do shew to his Commander such cause of his absence as by the Commander, shall be adjudged rea­sonable then the Party to be excused and the Fine not return­ed.

XXIV. An Act for the better explanation of the 16th Act in the Printed Book.

VVHereas the sixteenth Act for Sheriffs to take Bail was misinterpreted, and some words left out; It is E­nacted, that for prevention of Mistakes in Courts of Judica­ture, a Copy be transcribed out of the Original for Correct­ion of mistakes of the Printed Book which followeth; Be it also hereby enacted, That all Sheriffs shall take sufficient Bail of all persons Arrested, with this condition, to bring forth the Party Arrested or perform the award of the Court, and if they shall neglect to take sufficient Bail of the Party arrested, or otherwise consent to be the cause of his escape, then the said Sheriff shall be lyable to pay the award of the Court himself;Sheriffs neg­lecting to take Bail or consenting to the escape of the Prisoner shall pay the award of the Court, shall be fined a 1000 l. of Tobacco, if his consent to the escape be proved. and shall also pay in case the Consent to the escape be proved, one thousand pounds of Tobacco, one half [Page 154] the Publick, the other half to the Party grieved for his delay in recovering the Debt, but if Bail be taken, and the Party appears not to answer, then Judgment shall be awarded a­gainst the Bail, always provided that the Sheriff or Bail, shall if he desire it have an Attachment against the Estate of the Party arrested, and not appearing, and further, that if the Sheriff or Bail shall at the next Court to that which the arrest was made, appear and bring forth the Body of the Party so arrested to answer the suit; Then the Sheriff or Bail shall be acquitted from the Judgment past against them.

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 south-side of Virginia in Poto­mack River are inforced for their present necessity, to lay out or Ship the greatest part of their Tobacco in Ships riding in the Government of Mary-land, for which as is said, they are to pay the like Duties of two shillings per Hogshead, as is paid for Mary-land Tobacco shipped upon Ships riding in Virginia; Be it Enacted by the Governour, Council and Burgesses of this Present Grand Assembly, and the authority thereof, That for Relief of the said Inhabitants of Virginia, who are otherwise likely to pay double Duties, That no To­baccoes of the growth of Mary-land, though laden in Ships riding in any Harbour in Virginia, shall be lyable to pay any [Page 155] Virginia Duties from the date of this Act until the first of October, which shall be in the year of our Lord, 1668. Nor after, if the next Assembly find cause to continue it.How long this Act shall continue in force, and up­on what con­ditions to be repealed. Pro­vided that if the Government of Mary-land do lay Impost upon Virginia-Tobacco shipped in Ships riding in their Har­bour, then this Act to be absolutely Void and Null, and all Tobacco of Mary-land growth laden a board any Ship in Virginia to pay Duties as formerly. Provided also, that if any person shall fraudulently send on board any Ship in Virginia, Tobacccoes of the growth of Virginia, and pretend the same to be of the growth of Mary-Land intend­ing thereby to defraud the Country of their Dues, he shall forfeit the Tobacco so laden and concealed.

II. An Act declaring that Baptism of Slaves doth not exempt them from Bondage.

WHereas some doubts have arisen whether Children that are Slaves by Birth, & by the Charity & Piety of the Owners made partakers of the Blessed Sacrament of Bap­tism should by vertue of their Baptism be made free; It is e­nacted & declared by this Present Grand Assembly, and the au­thority thereof, that the 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 [Page 156] by the perverseness of some persons, not permitting others, though not willing themselves to promote so publick a good; It is enacted by this present Grand Assembly, and the authority thereof,Two Commi­sioners may be impowered by the County-Court, to ap­point conveni­nient places whereon to erect Mills. that if any person willing to erect one or more Mills upon convenient places, hath Land only on one side the said place, and the Owner of the Land on the other side, refuse to let him have an Acre of Land to the use aforesaid, That then the Countie-Court upon request of the Party so refused, shall order and impower two Commissio­ners, or such other Credible Person as they shall think fit to view the said Land; And if it take not away housing, or Orchards, or other immediate Conveniences, then to vallue the said quantity of Land, and to put the same into the possession of the Party building the said Mill or Mills, he paying the consideration the Land is valued at; And it is further enacted,Also for buil­ding of Churches or Court-houses. that the like liberty shall be granted for two Acres of Land and no more for erecting Churches or Court-houses. Provided that in case of desertion of any Structure, the Land shall revert to the first Proprietor, he paying what he received for it.

IV. An Act for Roads to Houses.

VVHereas the dispatch of Business in this Country, is much obstructed for want of Bridle wayes to the several houses and Plantations, It is Enacted by this Grand Assembly, and the authority thereof, that every per­son having a Plantation,Convenient passage for Man and Horse shall be made to every Plantation. shall at the most plain and conve­nient place that leads to his house make a Gate in the Fence, for the Convenience of passage of Man and Horse to his house, about their Occasions at discretion of the Owners.

V. An Act against Exportation of Corn.

Vide Act 3. Anno 1675/6.

VI. An Act for Rating of Ordinary-Keepers.

Vide Act 10. Anno 1676.

VII. An Act for Forts to be built in each River.

Vide Act 2. Anno 1668. and Act 1. Anno 1672.

I. An Act for Establishing a Fast.

WHereas the many Sins of this Country may justly provoke the Anger of Almighty God against us, and draw down his Judgments upon us, unless diverted by a timely and hearty Repentance; The Governour, Council and Burgesses, taking the same into their serious considera­tion, have enacted, and do by these Presents enact, That the 27th day of August next, be set a part for a day of Hu­miliation, hereby strictly requiring all persons on that day, to repair to their Respective Parish-Churches, with Fasting and Prayer, to Implore Gods Mercy, and deprecate the E­vils justly impending over us; And be it further enacted, that if any person or persons in contempt hereof, shall be found on that day Gaming, Drinking, or Working, (works of necessity excepted) he or they so offending, upon Present­ment of the Churchwardens, and proof thereof made to the Vestry, shall be fined one hundred pounds of Tobacco, half to the Informer, half to the poor of the Parish; And it is further enacted, that all Ministers in the Parish where they reside be required to repair themselves to the solemniz­ing that day.

II. An Act for dispensation of Ship riding under the Forts.

WHereas the Act for erecting Forts enjoynes all Ships trading into this Country to ride within the com­mand of the Forts, now erected for security of the said Ships in times of War and Danger, and since God hath restored to us the Blessing of an Universal Peace, by which the necessi­ty occasioning that injunction is taken away; The Gover­nour, Council and Burgesses of this Grand Assembly, for the [Page 158] ease and convenience of the Inhabitants and Traders have enacted, and by these Presents do enact, That Licence and Liberty shall be, and hereby is granted to all Merchants and Masters of any Ship or Vessel that already is or hereafter shall come into any River of this Country,Ships per­mitted to Ride in any part of the River, where they may most conveni­ently unload. to ride with their Ships in any part of that River, they shall make choice of, for bet­ter dispatch of their Affairs, and this permission to continue in force, until the Governours Honour find just cause to command the contrary.

III. An Act concerning Dammages in Appeals.

WHereas the present Act about Appeals, seeming to take care only of the dammages sustained by Cre­ditors in actions of Debt, is difficult in prescribing a Reme­dy upon actions in the Case Trespass, &c. By which impunity litigious persons do more boldly persist in stirring up and prosecuting malitious and unjust suits, to the great trouble, vexation and dammage of many honest men, and the breach of His Majesties Peace for Redressing whereof, It is enacted by the Governour Council and Burgesses of this Grand As­sembly,Costs and Dammages given in County-Courts upon Appeal to the Gene­ral Court if cast there, shall be raised 50. per Cent. and the authority thereof, That in all actions the dammages, costs and reasonable expences of suit recovered against the Appellant in the County-Court by Judgment or Verdict of a Jury, shall have fifty per Cent. raised upon all those costs and dammages in the General Court or Assembly (if Appeal be made to the General Court) against the person Appealing if cast in the suit.

IV. An Act about Correction of Runaways.

WHereas it hath been questioned whether Servants run­ning away may be punnished with corporal punish­ment by their Master or Magistrate, since the Act already made gives the Master satisfaction by prolonging their time of Service:Corporal pu­nishment may be inflicted on Runaways. It is enacted and declared, That corporal pu­nishment moderately inflicted on a Runaway-Servant by Master or Magistrate, shall not deprive the Master of the Sa­tisfaction allowed by the Law; the one being as necessary to reclaim them from further persisting in that idle course, as [Page 159] 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 priviledg of freedom, not exempt from the payment of Taxes. It is declared by this Grand As­sembly, That Negro-Women, though permitted to enjoy the Priviledge 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 Judgments 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 [Page 160] 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, then 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 Tipling-Houses.

WHereas the excessive number of Ordinaries and Tip­ling-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 loose and careless persons, who neglecting their Calling, mispend their time in Drunkenness; and having once contracted Debts beyond their Abilities of payment, make Escapes out of the Countrey, to the detriment of the Publick, the loss of their particular Creditors,Not above one or two Tipling-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 Tipling-Houses in their respective Counties: And not to permit in any County more then one or two,Except on Great Roads Ports, &c. as the County Courts shall see necessary. and those near the Court-House, and no more; unless in Publick 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 Tipling-houses without Licence shall be fined two thousand pounds of Tobacco, half to the County, half to the Informer, for each time he offends.

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 Masters order correcting him, and by the Extremity of the Correction should chance to dye, such death shall not be accounted Fellony; 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 Murther 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 Burthensome, then any way advantagious to the Countrey; [Page 162] 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 wayes 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 Publick, and to render an account thereof, to the next Assembly; and out of the Value, the moyety 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 Publick.

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 As­sertained. 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 [Page 164] 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 Publick.Fifty pound of Tobacco allow­ed by the Pub­lick 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 hin­dred by Sickness or otherwayes. In all which occasions, the County that sends, or part of it, are deprived of the privi­ledge of their Representatives;Each County to send two Burgesses. It is Enacted that each Coun­ty after this present Session, shall be enjoyned to return two Burgesses for the better service of the Publick.

VIII. An Act for Encouragement to Apprehend Run­awayes.

Vide Act the first, Anno 1670.

IX. An Act for destroying Wolves,

Repealed by Act 10. 1670.

I. An Act concerning Runaways.

VVHereas the Act made the last Assembly for encou­ragement to Apprehend Runnawayes, hath seemed too Burthensome to the Publick, 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 Run­awayes. Upon Consideration whereof, It is Enacted & Ordain­ed by the Governour, 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 Runawayes limited. shall be and hereby is reduced to two Hundred Pounds of Tobacco, if the Runaway be found a­bove ten Miles from his Masters House. And one hundred Pounds of Tobacco, if found above five miles from his Ma­sters house, to be paid by the Publick, 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 Assigne giving Commission to the said Commissio­ners to repay the Tobaceo to the Publick. 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 [Page 166] Enacted that every Master having a Servant that hath Runa­way twice, shall be, and hereby is Enjoyned and Command­ed to keep his Hair close cut. And that every Master failing herein,How Masters are to deal with Runa­wayes. 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 Publick, 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 Runawayes to their Masters. shall be, and hereby is enjoyned by vertue of this Act, though omitted in the Warrant, to whip him severely, and then to Convey him to the next Constable towards his Masters 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 Publick, half to the Informer, and the Fine io the former Act of One Thousand Pounds of Tobacco to be Repealed. And be­cause such Runawayes, after the expiration of their time, may by vertue of their Masters Certificate Remove from the place they dwell, in and by such Concealment defraud the Publick of what hath been disbursed for him, It is fur­ther Enacted, That every Respective Master Owner of such Servants indebted to the Publick, 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 Publick what­soever bath been disburst for the Recovery of his Servant during the time he served him.

II. An Act Concerning Fences.

VVHereas the Act for Fences doth not sufficiently pro­vide for Remedy of those many dammages done by Unruly Horses, breaking into Corn-fields, it is by the Autho­rity of this Grand Assembly Enacted, That the Owner of such Horses shall be, and hereby is required and enjoyned 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 fitter that Rich­men, who have the benefit of such Horses, should provide for their restraint, then the Poor enjoyned to the impossibility of very high Fences: and if any Horse, or Horses shall at a­ny time break into any Corn-Field, the Fence being four foot and a half high,Fences of Corn-fields to be four foot and a half high. then the Owner of such Horse, or Hor­ses, upon proof of the dammage, shall pay for the First Tres­pass, single dammages, and for every Trespass afterwards double dammages to the Party Grieved: And because questi­on hath been made about the sufficiency of Fences,Dammages for Trespass. accord­ing to the former Act, enjoyning 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 onely by that Act intended.

III. An Act for the Election of Burgesses, and by whom.

VVHereas many endeavours have been used for the publick good in the Election of Burgesses, and whereas the usual way of choosing, is by the Votes of all [Page 168] Persons, who having served their time, are Freemen of the Country, who having little interest in the Country, do oft­ner make Tumults at the Election, to the great disturbance of His Majesties 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 House-keepers, shall have a voice in Elect­ions of Bur­gesses. only to such as by their Estates real or personal have interest enough to tye them to an endeavour of the publick good; It is hereby Enacted, That none but Freeholders and House-keepers, who only are answerable to the publick 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 enjoyned

V. An Act declaring no Indians nor Negroes to buy Christian-Servants.

WHereas it hath been questioned, whether Indians or Negroes manumitted, or otherwise free, could be capable of purchasing Christian Servants; It is Enacted,Indians and Negroes may buy their own Natives, but not Christians. that no Negro nor Indian though baptized, 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 shewing 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 Privi­ledge, 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 expresly averr the same, and every Clerk that shall grant them otherwise then afore, expressed to forfeit his place.

VII. An Act concerning Litigious Suits.

VVHereas Divers Litigious Suites are conceived meerly out of envy and Malice, to the ruine of divers poor men, by forcing them to a neglect of their domestick affairs, and unnecessary expences, 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 Suites. may be inforced 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 Non-Suit allowed by a former act, and costs of Court.

VIII. An Act concerning Commissioners Warrants.

VVHereas 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 Comis­sioners War­rants. and so from Constable to Constable for avoiding de­lays in such necessary Pursuits, obliege 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.

VVHereas 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 BurgessesPenalty 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 Publick.

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 Publick be Repealed, and the former Act to remain in force.

XI. An Act for the better payment of Two Shillings Per Hogs-Head,

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 Tearm of Years; It is Resolved and Enacted, that all Servants not being Christians, imported into this Coun­trey by Shipping, shall be Slaves for their life time,All Servants imported not being Christians shal 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.

I. An Act Prohibiting Millers the taking of more then one eight part of English Grain Toll, for Grinding thereof.

VVHereas divers Complaints have been Exhibited a­gainst the greatness of Toll paid to Millers, for Grinding of Corn, for the Regulating whereof for the fu­ture, [Page 173] Be it Enacted and Ordained, by the Governour, 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,Millers 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

IV. 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 Vallue and Hazard of their Lives, have doubted whether any sufficient men would be [Page 174] found, who would engage themselves to deliver Negroes of equal ages, if the specifical Negroes should dye, 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 shewed 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 no where enter­tained but by Licence legally obtained from the Right Ho­nourable the Governour, as in other places.

VI. An Act concerning Sheriffs Fees for Arrests.

WHereas Complaints have been made that some She­riffs extorted greater Fees for Arrests then were allowed by Law, viz. Twenty Pounds of Tobacco for com­mitment [Page 175] and Releasment, 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 Releasment, unless the Person were actually put in Prison.

VII. An Act for Naturalization,

Vide Act II. Anno 1680.

I. An Act for the defence of the Country.

VVHereas 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 sufferred 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 lyes, to provide for the safety of this his Majesties Country, so far forth as the present Capacity there­of will admit; Hath thought fit to enact, and it is hereby [Page 176] Enacted and ordained,Forts ruinated and demolished shall be built anew, or re­paired with Brick. by the Governour, Councel 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 ruine 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 Ruine 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 design'd 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 Comissioners 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 Superiour 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 fixt 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, &c. to be asser­tained. 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 Countie Courts, when the Levy is laid, the Ar­tificers to be paid intire by the Counties, and the Coun­ties ReimbursedThe said Ar­tificers to be paid by the Counties, and the Counties to be Rein­bursed. by the Person for whom the work was done, [Page 177] And that the said Artificers may not delay people which re­pair to them with their Arms, be strictly enjoyned 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 shoar,No Boat to go on Board a Ship newly arrived, be­fore the said Vessel send on shoar. 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 Moytie to the use of the County, where the Offence shall be Committed, and the other Moytie to the Informer; But if Servants onely have the Rule of the Cannooe-Boat or Sloop, they to receive corporal punishment of Forty Lashes, but redeemeable by the Fine aforesaid, provided alwayes 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. [Page 170] 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 Governour, 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 Or­phans Estates. to dispose of Orphans Estates according to the best of their judgment 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 ought to be accounted Tythea­bles, and the ages of the younger sort the better known. Be it Enacted by the Governour, 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 Countie shall take an account of all Negroe Mulatto, and Indian Children within their several Precincts. And the Ma­sters [Page 179] or Owners of such Children, are to make appear upon Oath or Evidence the ages of them. And that all Negroe and Mulatto Children and Slaves that shall be born in this Countrie,The Births of Negro and Muletto Chil­dren and Slaves born in Virginia shall be Registred shall by their Respective Ma­sters or Owners within Twelve Moneths after their Births, be Registred in the Parish Register with their exact Ages. And in default thereof, the said Master or Owner shall pay Leavie 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 Countrie, 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 Governour,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 Countrie. 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 mens 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 Go­vernour 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 alledge 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 encreased the number of Vagabonds, idle and de­solute Persons; Be it Enacted, and it is hereby Enacted and ordained, by the Governour 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 aginst 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 Imploy­ments until eighteen years of Age and no longer, and the Church wardens of every Parish shall be strictly enjoyned by the Courts to give an account annually at their Orphans 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 [Page 180] [...] [Page 181] [...] [Page 182] meanes 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 joyn with them, for the Prevention whereof; Be it Enacted by the Governour Council and Burgesses of this Grand Assembly, and the Authority thereof, that if any Negroe Mulatto, Indian Slave or Servant, for life runaway, and shall be persued by Hue and Cry:Runaway Ne­gooes and Slaves shall be persued by Hue and Cry. It shall and may be Lawful for any Person who shall endeavour to take them upon the Resistance of such Negroe Mulatto, Indian Slave or Servant for life, to kill or wound him or them so Resisting, Provided alwayes, and it is the true intent and meaning thereof: That such Negroe Mulatto, Indian Slave or Servant for life be named and described in the Hue and cry,Runaway Ne­groes 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 Negroe Mulatto, Indian Slave, or Servant for life, do dye of any wound in such their Resistance obtained: The Master or owner of such, shall receive Satisfaction from the Publick,The Master shall receive Satisfaction from the Pub­lick. for his Negroe Mulatto, Indian Slave, or Servant for life, so killed or dying of such wounds, and the Persons who shall kill or wound by ver­tue 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 val­lued. that all such Negroes and Slaves shall be vallued 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 Negroe Mulatto, Indian Slave, or Servant for Life in such their Resistance, to receive any wound whereof they may not happen to dye; but shall lye any considerable time sick or disabled; Then also the Mast­er or owner of the same so sick or disabled, shall receive from the publick a Reasonable Satisfaction for such dama­ges as they shall make appear they have sustained thereby at the County-court. VVho 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 sieze 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 enjoyned to sieze all Runaways whatsoever that shall happen to come amongst them, and to bring them be­fore [Page 183] 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 Recompence for each twenty Armes length of Rhoanoke or the value thereof,The Recom­pence allowed for so doing. as the Indian shall like of, for which the said Justice of the Peace shall receive from the publick 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 then 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 Countrey, who have Lands adjoining to Swamps Marshes and sunken Lands un­pattented, If any others who are disjoyned 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 mens very Conveniencies be preser­ved unto them, from which in this case they need not de­part but by their own default have Enacted and ordained, and it is by the Governour 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 mans 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 [Page 184] 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 acording to Law.

X. An Act declaring mens 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 Go­vernour, 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 alwayes it be sued for within Twelve Months after the Parties decease, and within three years at most after the Date of this Act.

I. An Act for the Establishing the Dowers of Widdows.

VVHereas many Doubts have arisen concerning the Estates of persons dying intestate, and of what part thereof ought to, appertain to the Widdow, for the Clearing whereof, Be it Enacted by the Governour, Coun­cil and Burgesses of this Grand Assembly,Intestate E­states. and the Authority thereof, that where persons dye intestate, the Widdow shall be endowed with the third part of the real Estate to be equal­ly divided as to Housing Fenced Grounds, Orchards,Widdows 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 widdow 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 Countrey with Arms and Ammunition, Be it Enacted by the Governour, Coun­cil and Burgesses of this Grand Assembly, and the Authority [Page 186] 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 Coun­tie 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 Col­lonels at the next Countie-Court, after January next; But if there be not any Collonel of Horse within their Countie, then the Captain of Horse to represent the said wants imme­diately to the Countie-Courts, unto which Courts at the next Sessions following, the Collonels aforesaid are by this Ast en­joyned 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 Collonel of any Regiment shall fail, to perform his or their duty herein, shall be fined namely e­very Captain One Thousand Pounds of Tobacco; And Collonel 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 Leavy 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 Souldier 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 publick dues 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 enjoyned 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.

VVHereas it hath been Represented to this Assembly that the Act for Processions hath been hindred to be put in Execution for that the ascertaining the Bounds of Orphans Land is not thereby provided for,Processions shall be conti­nued. Be it therefore E­nacted by the Governour, Council and Burgesses of this Grand Assembly, and the Authority of the same, that the Lands of the Orphans be also Comprized in that Act that is to say,The Bounds of Orphans Lands, to be layed forth and by whom. when difference shall happen to arise concerning the Bounds of Orphans Lands, and that the said differences can­not otherwise be determined, nor the bounds of the adjacent Lands discovered, that then such Orphans Lands be layed forth by two honest able Surveyers 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 accruing, 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 supplyed from their own Industry within themselves; And that the less they have occasion for from abroad the less will be depen­ding on forreign supplies, whereof the Calamity of Way and other Accidents may prevent them. And whereas this Assembly having taken into their Consideration the low and contemptable price, we are allowed for our Tobaccoes occa­sioned chiefly 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 usefull and necessary Manufactory of Flax and Hemp; And in order thereunto have Enacted and Ordained, And it is by the Governour 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 drest Flax, and one pound of drest 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 [Page 189] owner or overseer of any Family or Company of Servants, or any other tythable that shall be found defficient in the Premisses, and for the better discovery of such neglect and difficiency, that all Masters 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 enjoyned to be made, and the same deliver'd 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, &c. from paying Levies: Be it Enact­ed by the Governour 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.

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 dayly growing, and still likely to grow, and be imposed upon the Inhabitants of this his Majesties Colony of Virginia by cer­tain Lords Pattentees who under Colou [...] and pretence of promoting the good of the Colony, and augmenting his Ma­jesties Revenues, have obtained certain Letters, Pattents, 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 devesting the Government of those just Powers and Authority by which this Colony hath hitherto been kept in Peace and Tranquillity, and all mens rights and Proper­ties preserved unto them, and whereas the said Grand As­sembly on great Deliberation have considered by what convenient ways and means those Agrievances might be removed, how our Liberties Priviledges, 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 Majesties most Loy­al Colony; setting forth as well by what Legal Grants and Concessions his Majesty and his Royal Progenitors have [Page 191] 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 Majesties immediate Protection, To confirm our Liberties, Priviledges, Immunities, rights and Properties as aforesaid by his Majesties 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 publick affairs of this Country, and because it is manifest that a work of this Nature is not to be undertook nor effectually prosecuted without money, and that we be not imprudently wanting to our selves, 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 Imployed to­wards the Accomplishment of the ends and Purposes afore­said; Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly, and the Authority thereof, that fifty pounds of Tobacco besides Cask and Sallary be Levyed 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 Sallary 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 Levyed this present year in the Counties of York, New-Kent, Glocester 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 then 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 summ of money next year upon payment made to them of fifty pounds of Tobacco [Page 192] per Poll. and ordered them to be Levyed, 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 alwayes, 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 consigne 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 ballance 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 publick 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 enjoyned 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 expence in town; Be it enacted by the Governour, 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 Tabacco per diem for their expences 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 accomodations and ex­pences 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 Countrey at the time of Laying their Levie to assess upon [Page 194] the People of their respective Counties, certain summes of Tobacco for the paying and Satisfying their expences and ac­comodations whilst they are holding Courts, and attending thereupon, which practice is by the Grand Assembly ad­judged illegal, be it therefore enacted by the Governour, Council, and Burgesses, of this Grand Assembly, and by the Authority thereof, That no County from henceforth pay or allow for accomodation of the Justices, at their County-Courts, any Order usuage or Custom to the co [...] ­trary notwithstanding.

IV. An Act Commanding such Indians who keepe Hoggs to mark the same.

WHereas Complaint hath been made that divers the In­habitants of this Countrey have received mischief by the Indians in their Stock of Hoggs, against whom rarely any Legal proof can be produced to discover and Convict them; Be it therefore enacted by the Governour, 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 Hoggs stealing;The Hoggs of Indians shall be mark'd with a Particular mark signify­ing to what Town they be­long. And that those of the Indians who keepe Hoggs, do and hereby are enjoyned 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 acknowledgment 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 Countrey 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 Authorize the same; Be it therefore enacted by the Governour, Council, and Burgesses, of this Grand Assembly and by the Authority thereof; that all such Sales and acknowledgements,All Sales and acknowledg­ments that are made by Hus­band and wife to stand good in Law. That by Husband and Wife have at any time hertofore 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 Assignes. And against all other Persons Clayming 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 wayes whatsoever.

I. An Act for the Safeguard and defence of the Country against the Indians,

Vide Act the 1^st.. 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 Corne, &c.

WHereas the Countrys preparation for war in all likelyhood may cause a more then ordinary ex­pence of Provisions; It is therefore thought fit it be en­acted, and it is by the Governour, Council, and Burges­ses, of this Grand Assembly, and Authority thereof, en­acted [Page 197] and Ordained that no Corne 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 Barrell of Corne,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 neverthelesse that it shall and may be Law­full, for those who have already loaden any Corne or Provisions on board, and have purchased others to lade the same within the time afore limitted, 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 terme this Act shall con­tinue in force. That this restraint Continue till the last day of July next, and no longer, unlesse the honourable Governour think fit to Continue the Re­straint.

.I An Act of Indemnity and free Pardon,

Repealed by his Excellencies Proclamation, An­no 1680.

II. An Act of Attainder,

Repealed by his Excel­lencies Proclamation, Anno 1680.

III. An Act inflicting Pains, Penalties and Fines upon great Offenders,

Repealed by his Ex­cellencies Proclamation, Anno 1680.

IV. An Act Declaring all the Acts, Orders, and Pro­ceedings 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 Governour, Council and Burgesses were met and Convened together at a Grand Assembly, to Consult the great Concerns of the Countrey, did enter James City in a Rebellious manner, with a con­siderable [Page 199] 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 Governour, Council and Burgesses, and offering force and violence to them, and every of them, threatning them with suddain 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 Governour by his Proclamation hath long since declared all the Proceedings 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 Proceedings 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 Excellencies Proclamation, Anno 1680.

Vide Act 1. 1680.

VI. An Act ascertaining the price of Cockquets.

VVHereas 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 Collonie, un­der the notion of Cockquet-money, in some places one penny per Hogshead, & in some places twelve-pence 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 Governour, Council and Burges­ses of this Grand Assembly, and the Authority thereof, and it is hereby Enacted, that from and after the publication hereof,One half-pen­ny Per Hogs-Head payable for all Bills of Loading not containing a­bove Twenty Hogs-Heads. the Rate and Price for every Cockquet be as fol­loweth, viz. One half-penny 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 twelve-pence 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 onely to such Owners of Ships or Vessels as already have been built, or hereafter shall be built in Virginia, and shall wholly be­long [Page 201] bona fide to Owners residing in this Countrey; Provi­ded alwayes 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 afore­recited 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 Countrey, other than two shillings six-pence 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 six-pence for clearing, and two shillings and six-pence 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 Servants servitude and more especially, some small time before the expiration of their service, do by indirect meanes 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 avaritious tem­pers and unreasonable desires of such Masters; for the prevention whereof for the Future; Be it Enacted by the Governour, 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 Bargaine or Agreement with his Servant before the time of his first Service, by Inden­ture or Custome of the Countrey, is expired and fully ended, either for such Servants, Corne and Clothes, or [Page 202] otherwayes,No Master shall make any Bargaine 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 Countie 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 Bar­gaine, otherwayes and in other manner then is herein set down by this Law, meant, and intended, and also all o­ther advantages and agreements, contained, condition­ed for, or included in such Bargaine or Agreement, whatsoever.

VIII. An Act Limiting times of Receipt and Pay­ment of Publick Tobacco.

VVHereas several persons have been and still are lya­ble to be prejudiced by the Remissness of She­riffs and Collectors of the Publick, and County-Leavies, who often take advantagious times to demand and receive the publick Dues, 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 Publick, & Countie-Leavies, and of all other Sheriffs and Clerks Fees; And also that all publick 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 [Page 203] 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 publick or Countie-Dues or other Fees as aforesaid, any Sheriff or Collector shall at any time make seizure or distress of more Tobaccoes then is at that time due from the Debtor; That in all such Cases,A Regulation of Seizures made of To­bacco due to the Publick 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 publick 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 tendred by the Debtor. And be it further Enacted by the Governour, Council and Burgesses of this Grand As­sembly, and the Authority thereof, And it is hereby Enact­ed, That the Justices holding Court, be by vertue of this Act for the time to come fully impowered to Commissionate and appoint the Respective Collector or Collectors of the pub­lick, 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 Countie, and County-Court-Clerks and for the greater ease of the Inhabitants of this Coun­trey, Be it enacted by this present Grand Assembly,The County-Clerk may de­pute the High Sheriff or Ʋn­der-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 Countie, 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 [Page 204] and may have equal vote with every Justice of the Peace, of or belonging to the said Court; and that such Councellour so sitting with the Court, be by the Clerk entred 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 dwelt 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 Go­vernour, 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 Countrey,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 Majesties 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 impower the County-Courts to grant probates and administrations, which probates and ad­ministrations are usually signed by the Right Honourable the Governour,Any two Ju­stices of the Quorum, may sign probates of Wills and Letters of ad­ministration which is not only burthensome 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.

VVHereas by several Acts of Assembly it is provid­ed, that every Respective Councellor, and ten of his Family, shall be free from paying any publick 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 Governour, 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 Councellors 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 Councellors attending at General Courts. shall be distributed and propor­tioned amongst the several Councellors 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 Governour, and the several Councellors according to their [Page 206] 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 Governour 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 publick or County-Levies, the Right Honourable the Governour and his Servants ex­cepted,Who only are exempted from the payment of publick or County-Levies the Single Persons of every one of the Council, and also all Ministers beneficed in this Countrey, 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.

VVHereas the Multiplicity of Ordinaries in this Co­lony is found to be pernitious and hurtful to the Inhabitants; Be it therefore Enacted by the Governour, Council and Burgesses of this Grand Assembly, and the Au­thority thereof,Not more than two Ordinarys 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 [Page 207] of granting Licences be in the Respective County courts, the Right Honourable the Governour 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 Dyet, 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 Cyder and Perry, if boyled, 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 Dyet, 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 Countreys 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 enjoyned to secure all Horses that they have charge of,Justices to ap­point the pri­ces of Liquors twice in the year. from running away and being stoln, 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 enjoyned 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 then 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 Ten-fold such Exactions, and over rates by them de­manded or taken; and that all such Persons buying and Ex­pending [Page 208] 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 enquire into the same, and dispose of them accordingly.

XII. An Act concerning Servants who were out in Rebellion,

Repealed by his Excellencies Proclamation, Anno 1680.

XIII. An Act for the laying of Parish Levies.

FOr the better and more equal laying of Parish Levies and dues, be it Enacted by the Governour, 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 House-keepers, 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 house-keepers 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 recide in that Pa­rish, then the day to be Nominated and appointed by the Judge of the Court.

XIV. An Act Repealing the Act of Encouragement for killing Wolves.

BE it Enacted by the Governour, 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 killing of Wolves. and that in place thereof, there be Liberty granted to each Respective County to make such By-Laws for Encouragement of killing Wolves, as they shall-think fit.

XV. An Act giving Seven Years time to seat Fron­tier Lands.

WHereas by reason of the late Murders Comitted by Barbarous Indians, which they continue daily to commit, and also by reason of the frequent Incursions, and [Page 211] the late destructions and troubles amongst us, very many of the Inhabitants of this Countrey, his Majesties Leige People have been inforced 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 desart by want of due Seating, and planting such Lands, in less time then 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 Expences.

WHereas by former Acts and Orders of Assembly, it is provided, Enacted and Ordered, that the Allow­ance to every respective Burgess for his necessary Expence and charge, attending at Assemblies, be for every day one hundred and Fifty pounds of Tobacco, over and besides the necessary charge and expences 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 burthensome to the people: This Assembly having taken the same into their serious consideration, Do enact, and Be it enacted by the Gover­nour, 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 [Page 212] 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 expence of Committees be allowed of, or brought to the publick account.

XVII. An Act for opening Courts of Judicature.

VVHereas 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 administred: 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 Countrey, 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.

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 Countie, to the ends and purposes therein mentioned, is by reason there is no Fine set upon the Justices 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 Governour, 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 Countie 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 Governour, 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, Cattel, Hoggs, 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 Dammages▪ 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 [Page 216] 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 Countrie 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 Majesties 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 Licencing Trading with Indians.

FOr as much as the total prohibition of Trading with Indians, is experimented and found hurtful and pre­judicial to this his Majesties Colony, and the Inhabitants thereof, Be it Enacted by the Governour, 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, sell, 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 Publick 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 south-side 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 [Page 218] 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 Courts 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, then 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 Publick; always provided, that the dues belonging to the Right Honourable the Governour 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 Governour shall please to appoint, of what is bought and sold in the Marts or Fair aforesaid. or such other whom the Right Honourable the Governour for the time being shall appoint the Clerk there­of, and take account and place the same in fair writing in a book, of all what is bought, sold, Trucked, Exchanged, or dealt for, and for his fee it shall be lawful to have, receive and take to himself, the one twentieth part of all Indian Commodities, there Sold, Trucked; Traded or Dealt for.

Provided always, that it shall and may be lawful for any Indian wanting Corn, until such respective marts or fairs at the several respective places shall first begin, but not af­ter that time to buy, such Indian Corn as they shall have need of, from any Person, or at any place where they can buy the same, any thing in this Act to the contrary not­withstanding.

Provided also, that the Wiccacommico Indians living in Northumberland County, and the Chies-Lake-Indians living in Glocester County, to have such Liberty and rules for [Page 219] their trading with the English, as shall be set, appointed and allowed them by order and appointment of the respective County-courts in each County, any thing in this Act to the contrary notwithstanding.

Provided also, that it shall not be lawful, or permitted to any Indian or Indians resorting to or meeting at any those aforesaid marts or fairs, to travel with, or carry Armes,Indians Resor­ting to the said Marts shall not come arm­ed. or appear there armed, except only the carrying home such arms and Ammunition as they shall then and there purchase, and shall be found registred in the Clerks Book, for which they shall have with them his Certificate.

Provided alwayes, and it is the true intent and meaning of this Act, that no Person or Persons shall be hindred from entertaining any Indians in their Houses, who shall have the right Honourable the Governours Licence so to do, ac­cording to a former Law in that case provided, any thing in this Law to the contrary notwithstanding.

IV. An Act Imposing Fines on Sheriffs, concealing Tythables.

BE it enacted by the Governour, Council and Burgesses of this present Grand Assembly, and the authority there­of, and it is hereby enacted, that whatsoever Sheriff, Col­lector or Receiver of the publick or County Levy, shall be found to Levy and receive Tobaccoes, due upon concealed Tythables, and shall not give account to the next County-court thereof, after his such Receipt or Collection of the [...]ame, but shall convert or endeavour by such Concealment to [Page 220] convert the same to his own use, and shall be thereof law­fully convict, shall be fined and pay the Penalties enjoined in the former Act or Acts of Assembly for concealed Tytha­bles.

V. An Act ascertaining the Price of double Patents.

FOrasmuch as divers persons making advantage thereof to themselves, thereby to save the trouble and charge of seating new, taken up Dividends of land, do customarily, add new Tracts of Land to former Patented Dividends: Be it therefore Enacted, by the Governour, Council and Burgesses of this present Grand Assembly, and the Authority thereof, and it is hereby Enacted, that it shall and may be law­ful in such cases for Mr. Secretary to take as his due Fee so many times eighty pounds of Tobacco, as there are several Tracts of land in such Patent; but where several old Tracts of land fomerly Patented shall be drawn into one new Pa­tent, and no new lands not Patented before added thereunto, in such cases the Fee for such patent shall not exceed eighty pounds of Tobacco.

VI. An Act for the Imposition of Two Shillings on every five hundred pounds of Bulk To­bacco,

Vide Act the third, Anno 1680.

VII. An Act for Delivery of Strey-Horses, &c.

Repealed by his Excellencies Procla­mation, Anno 1680.

VIII. An Act restraining the impress of Timber, &c.

FOrasmuch as divers complaints have been made, that it hath been heretofore practical to impress, and take from any mans land, such Timber trees as those who pre­tended to have such power were pleased to take, to the great hurt and dammage of such persons, Owners of the said land and Timber, from whom the same hath been taken, and contrary to the Right of Inheritance in and to the said Lands and Timber, to the end no such abuses, and Infring­ment of Properties may for the future be offered and done, be it enacted by the Governour, Council, and Burgesses of this Grand Assembly, and the authority thereof: and it is hereby enacted, that no Person or Persons under pretence of any power or Warrant whatsoever, that shall be imployed [Page 222] for the time to come, to procure or impress Timber for publick use,Persons Im­powered to Im­press Timber, shall first make composition, or agreement with the Own­ers thereof. or other purpose, use, or intent whatsoever, shall or may take or impress any Timber from any mans land whatsoever, before he or they so impowered or pretend­ing to be impowered, shall have first made Composition or Agreement with the Owner thereof, for the price of the same, and shall have made ready payment, or given suffici­ent caution for payment, according to such Composition and Agreement, upon the Penalty of paying for each Tim­ber-tree, so taken without Composition or Agreement as aforesaid, five pounds Sterlin, according to a former Law in such like cases, made and provided.

Provided alwayes, that if the Owner of such Timber as shall be wanted for publick uses, shall be unreasonable in his setting a price thereon, finding the advantage of the necessity thereof,Two men of the Neighborhood shall value Timber to be impressed for publick Ser­vice in case the Owner be un­reasonable in his demands. to be had and taken for publick uses, that in such cases it shall be lawful to procure a Valuation there­of, to be had and taken by two good and honest men, of the Neighbourhood, upon their Corporal Oaths, which prices being paid or secured to be paid, shall in such cases be final and Determinative, and forasmuch as Divers Com­plaints have also been made to this Assembly, of Divers in­juries and abuses which have been lately perpetrated and done by persons imployed to impress necessaries for publick occasions, and also divers complaints have been made, that of, late divers persons have presumed to impress sloopes, Carts; Boats, Horses, &c. without lawful power so to do, to rectify and prevent the like abuses for the time to come; Be it further enacted by the Governour,Such as shall Impress sloopes, Shallops, Boats Horses, Carts, Arms, Provi­sions, &c. shall produce their Warrants for so doing, to the Owners there­of. Council, and Bur­gesses of this Grand Assembly, and the authority thereof; and it is hereby enacted, that from henceforth no person whatsoever shall presume to impress any sloop, Shallop, Boat, or other Vessel, Horses, Carts, Arms, Provisions goods or Merchandize whatsoever, without sufficient Warrant, and that such Warrant be shewed to such Person, from whom they are about to impress such Sloops, Boats, &c. and that whosoever shall by vertue 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 Judg­ment,Things Impres­sed shall be ap­praised by two men of the Neighborhood. to the full vallue, and also to ascertain the vallue of the hire thereof, either by the day or by the Month, and that Instruments or Writings be drawn, intimating the vallue, and also the price of the hire by the day, or by the [Page 223] 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, &c. and such Owner to bring such Instrument or Writing to the next County-court, where if such Sloop Boat, &c. were imprest 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 Publick, then 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, &c. shall be cast away, or lost in the Service, that then the Owner of such Sloop Boat, Vessel, Horses, &c. shall be at his choice whether he will have the vallue accor­ding to appraisement,And the wages for the hire thereof ascer­tained. or the wages ascertained in the writing, which the publick or County must see punctually paid; and if it shall happen that the publick 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 imprest for the Counties use, to be paid out of the County Levy, and if for the pub­lick 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 Publick 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 pub­lick 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 Imployment more then 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 imprest by the publick 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 then twenty days, then for all the time he shall be imployed over and above the twenty dayes, after the rate of ten pounds of Tobacco per day, and before the Im­pressor shall take such Horse or Horses, impress away, he [Page 224] 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 vallue, 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 vallue 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 publick, 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 vallue of any such Sloop-Boat, &c. 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 setling the Form of Pattents.

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, &c. I, &c. send, &c. Whereas His Most Sacred Majesty hath been graciously pleased by his Royal Letters, Patents, under the Great Seal of England; hearing Date at VVestminster, 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 Antient Priviledges and Power of granting fifty Acres of Land for every person imported into this his Maje­sties Colony of Virginia, now know ye, that I the said, &c. do with the consent of the Council of State, accordingly give and grant unto A. B. &c. Be it Enacted by the Gover­nour, 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 Governour, Council and Burgesses of this present Grand Assembly,Thirteen shil­lings and four-pence 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 four-pence, 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 dye, 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 Proceedings were impeaded and hindred for the greatest part of the last year, be­ing the year of our Lord, 1676. Be it Enacted by the Governour, 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 Judgment, or in the Clause and Proviso of Patents for Seating of Lands, but that in those and such-like 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 Judgments in the Assembly.

IT having been proposed in this Assembly, how and by whom Executions issuing upon Judgments granted by the Grand Assembly, shall issue and be signed, Be it Enact­ed by the Governour, Council and Burgesses of this Pre­sent Grand Assembly,Executions on Judgments granted by the Assembly, shall be drawn by the Clerk and signed by the Honourable Governour. and the Authority thereof, and it is hereby Enacted, That all Executions issuing upon Judg­ments granted by the Grand Assembly, shall be written and drawn by the Clerk of the Assembly, and signed only by the Right Honourable the Governour; his Honour being the Head of the Grand Assembly.

I. An Act for the Defence of the Countrey 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 Countrey, 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 publick charge and for the future security of the Country, Be it Enacted by the Go­vernour, 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 [Page 230] Ammunition, both which to be built and paid for at the Publick Charge, and that Major Isaack Allerton, Collonel St. Legior Cod, and Collonel George Mason, take upon them to provide the several necessaries hereafter mentioned,Necessaries to be provided for the said Store-houses, and the per­sons appointed to procure the same. for the said work and houses, for which they shall be reimburs­ed by the Publick 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 VVedges, two broad Axes, six falling Axes, six Hilling-Hoes, two drawing knives, two Hand-Saws, one Grindstone, one Froe, two Hammers, six Gimblets, 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 Store-house or Garrison, with a small House, both of the demensions afore mentioned, and that Major Lawrence-Smith do procure the several necessaries above mentio­ned, for which he shall be allowed by the Publick 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 Store-house or Garrison, with a small house for Ammunition of the demensions aforesaid, and that Captain Richard Johnson do procure and provide the several necessaries above mentioned, for which he shall be allowed by the Publick, 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 south-side, above Captain William Birds, one Store-house or Garrison, with a small house for Ammunition of like demensions aforesaid, and that Captain William Bird do procure and provide the several necessaries before mentioned, for which he shall be paid by the Publick 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 Horse-man well Armed. and the Authority thereof, and it is hereby Enacted, That every Forty Tythables within this Colony, be assessed and oblieged to fit, and set forth one able and sufficient man, and horse, with furniture well and compleatly 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 [Page 231] Store-houses, five bushels of shell'd Indian-Corn, and two bushels of Meal, eighty pounds of good well salted Pork,The Provision to be allow'd 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 Store-house 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 Souldier 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 dye, 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 dye, 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, [Page 232] and are hereby impowered to impress others in their Room; but if such Horse shall dye 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 Soul­dier to whom they belonged; and then such Horses or Arms shall be paid for by the Publick, according to the Certificate of the Chief Commander; but in case any Soldier shall wilful­ly or carelesly spoil his Horse, or kill or lose him, or spoil lose or imbezil his Arms, in such case such Souldier shall be lyable, & he is hereby made lyable 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 Souldier, 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, &c. and that one of the Listed Souldiers 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 Chirurgeons Pay 850 l. of Tobacco and Cask, Per Month;The Lievte­nants 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 Publick.The Cornets and Chirurgi­ons 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 imprest by the Commander in Chief of each Garrison, to the vallue of five Pounds ster­ling, ot thereabouts, not exceeding the said sum, for the [Page 233] 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 pub­lick 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 Souldiers pay, which Overplus pay of fifty per Month, together with other Officers pay before menti­oned, shall be paid and defrayed by the publick.

And whereas divers Counties who are to send Provisions &c. to the Respective Garrisons, lye 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 publick.

And be it further Enacted by this present Grand Assembly, and the authority thereof, and it is hereby enacted, that the Souldiers to be raised in each Respective County, by ver­tue 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 Countyes shall send to the Garrisons. Elizabeth-City Coun­ty, James-City County, together with four Souldiers from Lower Norfolk County, four from Nanzemund, four from the Isle of Wight, three from Surrey, and two from the South-side 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 Glocester County Souldiers be sent to the Garrison at the head of Mattopony, Middlesex County, Rapahannack Coun­ty, and two third parts of Glocester County, Souldiers be sent to the Garrison at the head of Rapahannack River, Stafford, Westmerland, Northumberland, & Lancaster County Souldiers to be sent to Potomack Garrison, [...] Lower Norfolk, Nanze­mund, Isle of Wight, Surrey, and the South-side of Charles City Counties, Souldiers 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 publick charge, each Respective Souldier be and he is hereby enjoyned to be Assistant, by all convenient and possible wayes for the securing themselves, and building the Guard House, and Store-house 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, &c.

And be it also further Enacted by this present Grand As­sembly and the Authority thereof,Each Garrison shall be supply­ed with a good Boat and Oars and it is hereby enacted, that each Garrison be supplyed with a good Boat and Oars, such as may be sufficent 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 Oares, to be accordingly paid for, by the publick upon his Certificate of the price thereof, a Boat and Oares for Mattapony Garison, 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 alwayes attending at each Garrison; and because there is no Neighbour Indians on Virginia side, residing near the Garison 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 Souldiers 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, hide 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 [Page 235] 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 Store-house be­longing to it, for a Reserve and Defence for the same; and that the charge of such Armes, powder, or bullet, if the same cannot be procured from his Majesties store, be paid for and defrayed by the Publick.

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 Suspition 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 Souldiers in manner and form as is allowed to the several Counties on the Western Shoar, or to raise or imploy their Souldiers 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 South-side 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 publick, with the other Garrisons before mentioned, and such Offi­cers as are imployed in ranging either on the Eastern Shore, on the South-side of James-River, to be paid for the time of their Service by the Publick, equally with other Officers at the Garrisons.

And for the better Encouragement and more orderly Government of the Souldiers,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 Souldier taking the same; and where any difference shall happen among the Souldiers in such or like matters, the same to be adjudged, decided, and determined, by their Respective chief Commander, and all such Souldiers as shall be maimed or disabled in the Service, have an annual Pension [Page 236] allowed them by the Publick at the Discretion of the Assem­bly,Souldiers maimed or disabled in Service shall have an Annu­al pension. and that the Articles of War be published and practi­ced, 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 dayly practised to the great damage of the Inhabitants of this Countrey, for pre­vention whereof, Be it enacted by the Governour, 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 loose from the Nailes, which Pe­nalty and Punishment shall be adjudged and inflicted against and upon the Offendor 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 tryed by the Laws of England, as in case of Felony.

III. An Additional and Declaratory Law, Impow­ering County-Courts to make By-Laws.

VVHereas 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 Gover­nour, 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 House-keepers, 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 two 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 [Page 238] them several Chappels 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 Chappel of ease, may elect one Repre­sentative for every such Chappel, 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 Mens Estates.

VVHereas the 95th Act of Assembly in the Printed Laws making no Accounts pleadable against Dead Mens Estates, is found too severe, and that many Executors and Administrators of Dead mens 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 Governour, 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 Mans Estate for any Debt made and Contracted within one year before the Parties Death, but no longer shall be pleadable, and recoverable a­gainst [Page 239] 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 mens 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 mans 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 129^th Act of As­sembly, in the Printed Book.

VVHereas the 129^th Act of Assembly in the Printed Book of Laws, enjoyning 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 [Page 240] 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 Priviledge with the rest his Majesties 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, &c.

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 entring and clearing Ships and smaller Vessels, trading into this Countrey, 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 [Page 241] Collector or Collectors shall or may demand or take o­ther Fees for entring and clearing of any Ship or Vessel com­ing into this countrey, then by this Law is ascertained and allowed to be taken, that is to say, for every Ship or smal­ler vessel, Burthen twenty Tuns or under, fifteen Shil­lings and no more; and for every Ship and other vessel bur­then above Twenty Tuns, thirty Shillings and no more; which Sums shall be in full Payment of his Fees, for entring, clearing, Licence to Trade, and for taking such Bonds as are by Law enjoyned to be given and taken at the entring 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 Orphans 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 [Page 242] 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 enjoyned; 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 Orphans 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 enjoyned to be taken, shall thereby, and for such their neglect become lyable to make good such Estate in case the same shall be imbezelled by such Administrators. And it is also further Enacted, that all Justices of the Peace, stand enjoyned, 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 entred upon Record, to the end all Or­phans, &c. may be secured in their Estates, and the Justi­ces 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 [Page 243] Inhabitants thereof; for prevention of like mischief, and in­convenience for the future, Be it Enacted by the Governour, 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 packt 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 shoar, 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 Kings Majesty, and the other half to be equally divided between the Informer and the Countrey.

Provided alwayes 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 Forreign Parts, before the making this Act, the total [Page 244] 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 Countrey, 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 vallue, which severity this Assembly having ta­ken into consideration, do adjudg it very unneighbourly; Be it therefore Enacted, by the Governour, Council and Burgesses of this Present Grand Assembly, and the Autho­rity thereof, and it is hereby Enacted, that 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 vallue soever, into any of the Rivers or Parts of this Government, and unload the same either on Board any other Vessel, or on shoar, without first making due Entry [Page 245] 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, &c. 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 Count [...]y where the seizure is made, and the several Collectors are hereby earnestly re­quired and enjoyned 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.

I. An Act of free and general Pardon, Indemni­ty and Oblivion.

THe Kings 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 ths said Nathaniel Bacon, who have since by their dutiful behaviour shewed 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 [Page 247] rise in Judgment, or be brought in question against any of them, to their least endammagement, 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 Majesties Subjects one towards another,Free and ge­neral Pardon for the Ac­complices in Bacons 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 Majesties Subjects, and in pursuance of his Maje­sties 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, councelled 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 Majesties Reign, other then 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 Governour 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 [Page 248] of the Crimes aforesaid, in the same manner, and as freely to all intents and purposes, as if they had not been forfeit­ed, yet so that they and every of them and their Estates Real and personal shall be subject and lyable to pay all and singular their just Debts in the same manner as if they had committed no Rebellion, Crimes or Offences, except and always foreprized out of this Act, the above-named Natha­niel Bacon Junior, the principle contriver, beginner and maintainer of the said Rebellion, who having taken up Arms under pretence of an Indian War, assumed unto himself the Title of General, and did afterwards chace away the then Governour, there rob, kill, and continue to destroy several other of his Majesties Loyal Subjects, that refused to take the detestable Oaths imposed by the said Bacon, until it plea­sed the Almighty to send him the said Bacon, an infamous and exemplary death, whereby he hath escaped the punish­ment in this world so justly due to his person; Be it there­fore Enacted,Nathaniel Ba­con Junior Attainted of High-Treason. and it is hereby Enacted by the Authority a­foresaid, that the said Nathaniel Bacon Junior, shall be by vertue of this Act, and is hereby adjudged to be convicted, and attainted of High-Treason to all intents and purposes as if he had been convict or attainted thereof by due course of Law, in his life time, and that all the Estate Real and Personal whereof he was seized or possessed upon the fifth day of June, 1676. or at any time after, within the Colony of Virginia, shall be forfeited to the Kings Majesty, his Heirs and Successors, and is hereby declared to be vested in His Majesty, his Heirs and Successors, without any Office or In­quisition thereof, to be hereafter taken or found.

Provided always, and be it Enacted, that this Act nor a­ny thing therein contained, shall extend to Pardon discharge, or give any other benefit whatsoever, unto Giles Bland, Anthony Arnold, Richard Turner, Richard Pomfrey, John Isles, Robert Stokes, John Whitson, and William Scarbrough, alias Scarburgh, who were all legally Convicted At­tainted and Executed for their Horrid Treasons,Persons ex­cluded from the benefit of the Act of In­demnity. and Rebel­lions, or to Richard Lawrence who fired James City and is since fled notwithstanding his Majesties gracious Proclama­tion, but that the persons last aforesaid, and their Estates are out of this Act, wholly excepted and foreprized, Provi­ded also and it is hereby Enacted by the Authority aforesaid, that if Joseph Ingram, Gregory Walklate, Thomas Whaley, John Forth, and John Longolon, shall at any time after the pas­sing [Page 249] this Act, accept or exercise any Office or Publick em­ployment whatsoever, within the said Colony of Virginia, that then such of them as do so accept or exercise as aforesaid, shall to all intents and purposes, stand as if he or they had been totally excepted by name out of this Act. And whereas many of his Majesties Loyal Subjects cannot but be very great sufferers by the Spoiles and Rapines committed during the late Rebellion, to the intent that they may have as much Relief therein, as may possibly stand with the quiet of the Country, as also for the avoiding and determining the end­less Suits and Prosecutions which must necessarily ensue, if care be not taken to prevent the same;Provision made for Re­lief of such as were sufferers by the late Rebellion. It is hereby further Enacted by the Authority aforesaid, that as to any wrong or injury which hath been committed by any person or per­sons at any time between the first day of May and the six­teenth day of January, 1676. whereby the Goods or Com­modities of any his Majesties Subjects in Virginia, have been destroyed or spoiled, or have been impaired or made worse and for which no Judgment hath been actually obtained, before the 25th day of April 1679. on the one and thirtieth year of his Majesties Reign no account, suit, Process or satis­faction be at any time hereafter required, prosecuted, made or given for the same, from or against any person or persons whatsoever.

Provided always, that where the Goods of any of his Ma­jesties Subjects not actually engaged in the said Rebellion, or being aiding or assisting to the same, have been wrongfully taken away between the said first day of May, and the said sixteenth day of January, and shall be found in the possession of any other person or persons, it shall and may be lawful, for the Owner or Owners of such Goods or Commodities, his or their Executors or Administrators, to take, sue for, and recover the same by all legal means, any thing in this Act contained, or any other Laws, Acts or Statutes to the con­trary notwithstanding.

Provided always, that no further Punishment, Satisfacti­on or Damages, shall be Recovered or Inflicted on any Christian Servants that have [...]eserted their Masters, or been active in the late Rebellion; then that time incurring between the said first day of May, and the said sixteenth day of January, shall be accounted no part of their time of Service: And be it further Enacted by the authority a­foresaid, that no Verdict, Judgment and Indictment, In­formations, Decrees, Sentences, Probats of Wills, Admini­strations, [Page 250] Writs, or Actings on, or return of Writs, Or­ders, or other Proceedings whatsoever in Law and Equity, had, made, given, taken, or done, or depending in any Courts whatsoever, or before any Judges within the said Colony of Virginia, nor any Actings, Process, Proceedings or Executions thereupon had, made, given, done, or suffered, before the passing of this Act, within our said Colony, shall be avoided, for or by Reason that the Premisses or any of them were commenced, prosecuted, had, made, held or done, by or before any Person, pretending and assuming the Name Title, Authority, and Dignity of Governour of the said Colony, though he were not legally so, or be­fore any Person or Persons, pretending and assuming the name Title, and Authority of Councellors in the said Co­lony, though not legally so, but that all and every such Verdicts, Judgments, and other things above mentioned, and the actings, doings, and Proceedings thereupon, shall be of such and of no other Force, Effect, and vallue, then as if such Person so Assuming the name Title, Authority and Dignity of Governour, had been legally Commissioned by his Majesty thereunto, and as if such Person or Persons pretending the name, Title, and authority of Councel­lor there, had been legally authorized thereunto. And whereas during the Licentiousness of the late times, seve­ral ill disposed Persons took upon them to asperse the Go­vernment, and defame the Governour and chief Magi­strates of the said Colony, raising false and Scandalous Re­ports, without which our good Subjects there could not have been so easily led away, which cannot but tend to the future Disturbance of the Peace, and Welfare thereof, if not timely prevented by Inflicting Punishments propor­tionate to the greatness of the Crime; Be it therefore enacted by the authority aforesaid, that whosoever shall after the passing of this Act, maliciously and advisedly by writing, speaking, or otherwise, express, publish, utter or declare, any Words, Sentences, or other thing or things, to incite or stir up the People to the dislike of any Per­son appointed by his Maje [...]y to be Governour or Com­mander in chief of the said Colony,Any Person who shall ei­ther by words or writing de­fame the Go­vernour, shall suffer a years Imprisonment without Bail, &c. or tending to the dishonour or defaming of the said Governour or Com­mander in chief, for the time being, and being thereof legally convicted, shall be imprisoned during one year without Bail or Mainprize, and incur such Forfeitures as shall be adjudged, not exceeding the sum of five hundred [Page 251] pounds to the Kings most Excellent Majesty, his Heirs and Sucessors. And it is in like manner Enacted, that whoso­ever shall maliciously and advisedly, by writing, speaking, or otherwise, express, publish, utter and declare, any words, Sentences, or other things, to incite or stir up the People to the dislike of his Majesties Councellors, Judges, or other principal Officers within the said Colony, tend­ing to the dishonour or defaming of the said Councellors, Judges, or other principal Officers, and being thereof Lawfully convicted, shall be imprisoned during three Months, without Baile or Mainprize, and incur such For­feiture as shall be adjudged, not exceeding the sum of one hundred pounds, to the Kings most Excellent Majesty, his Heirs and Successors, any Act or Acts, Order or Orders, to the contrary in any wise notwithstanding.

II. An Act for Naturalization.

WHereas nothing can contribute more to the speedy setling and peopling of this his Majesties Colony of Virginia, then that all possible encouragement should be given to persons of different Nations, to Transport them­selves hither with their Families and Stocks, for to settle, plant, or Reside, by investing them with all the Rights and Priviledges of any of his Majesties natural Free-born Subjects, within the said Colony; Be it therefore Enact­ed by the Kings most Excellent Majesty, by and with the consent of the General Assembly, and it is hereby Enacted by the authority aforesaid, that it shall and may be law­ful for the Governour or Commander in chief, for the time being, or any of his Successors, Governours of this Colony, by a publick Instrument under the broad Seal thereof, to declare any Alien or Aliens, Forreigner or Forreigners being already setled, or Inhabitants of this his Majesties Colony, or such as shall hereafter come for to settle,The Governor may natura­lize such For­reigners as shall seat themselves in this Colony. plant, or reside in it, and having taken the Oath of Alleigance, before the Governour or commander in chief, for the time being, to be to all intents and purposes, fully [Page 253] and compleatly naturalized; and the said Persons so appro­ved of and named in the said Letters Pattents as afore­said, shall by vertue of this Act have and enjoy to them and their Heirs the same Immunities and Rights, of and unto the Laws and Priviledges of this Colony, and as fully and amply as any other of his Majesties Natural born Subjects have or enjoy within the same, as if they themselves had been born within any of his Majesties Realms or Dominions; any former Law, Act, Ordinance, usuage, or custom to the contrary in any wise notwithstanding. And to the intent the said Letters Patent and instrument under the Broad Seal of this Colony as aforesaid, may be obtained without any great difficulty or charge, be it further enacted, that the Governour or Commander in chief, shall have and receive for the same forty Shillings, and his Clerk for writing of it, ten Shil­lings, and no more; and whereas several Aliens and For­reigners that have formerly transported themselves to this his Majesties Colony, and have taken up and Patented in their own Name, several Parcels of Land, or otherwise made purchase of Lands, Houses, Tenements or other real interest, and have afterwards sold the same to some of his Majesties Leige People, or Inhabitants of this Colo­ny; It is therefore hereby Enacted and Ordained, by the authority aforesaid, that all such person or persons, that shall have so bought of any Alien or Aliens, any Lands, Houses, or T [...]nements, be secured, and by vertue of this present Act for ever confirmed in the quiet and peaceable Possession of the said Purchases, unto them and their Heirs for ever, any former Law, Usuage, or Custom, to the contrary in any wise notwithstanding.

Provided that nothing in this Act contained, shall be construed to enable or give power or Priviledge to any Forreigner to do or execute any matter or thing, which by any of the Acts made in England, concerning his Majesties Plantations he is disabled to do or execute.

III. An Act for raising a Publick Revenue for the better Support of the Govern­ment, of this his Majesties Colony of Virginia.

WHereas there is a great and continual charge Re­quired for the Maintenance of the Governour, and several other Officers and Persons, as also for the Fort and Fortifications, besides many other contingent ex­pences, absolutely necessary for the Support of the Govern­ment of this Colony; Be it therefore enacted, and it is hereby enacted by the Kings most Excellent Majesty, by and with the consent of the General Assembly, that for every Hogshead of Tobacco, that shall at any time hereafter be exported out of this Colony, by Land or water, to any o­ther place whatsoever,Two Shillings to be paid for every Hogshead of Tobacco ex­ported. there shall be paid by the Ex­porter two Shillings of currant money of England, as also for every five hundred pounds of Tobacco exported in Bulk or otherwise, and so proportionable for a greater or les­ser quantity, the same to be to the Kings most Excellent [Page 255] Majesty, his Heirs and Successors for ever, to and for the better Support of the Government, of this his Majesties Colony of Virginia, in such manner as is herein before ex­prest, and to and for no other use, intent, and purpose whatsoever. And be it further Enacted by the Authority a­foresaid, that all Ships or vessels whatsoever, coming to this Colony, or any part thereof, shall Respectively pay for e­very Tun, such Ships or vessel shall contain, one half pound of good and new Gunpowder, and three pounds of Leaden Shot, or one Shilling three pence Sterling in lieu thereof, as also Sixpence per Poll for every person imported, not being actually a Marriner in pay,All Ships or Vessels whate­ver coming to this Colony shall pay ½ al. of Powder and 3 l. of Shot, or 1 s. 3 d. money, in Lieu thereof. the same to be also to the Kings most Excellent Majesty, his Heirs and Succes­sors for ever, for the better support of the Government of this his Majesties 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, Mar­riners 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 know­ledg, 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 burthen 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 treble duties for every Hogs­head, or five hundred pounds of Tobacco, and for every Tun concealed; one Moitie to the Informer, and the other Moitie 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 entred in the Custom-house in England, more [Page 256] 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 salleries, or such other as by the Governour 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 Go­vernour 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 dutys 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, Intituled, Imposition of two shillings per Hogshead, made at a Grand Assembly held at James City the 23d of March 1661. also one other Act, Intituled, 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, Intituled, 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 Majesties Colony of Virginia, or for raising or levying, Castle Duties, Tunnage, or head-money be and are hereby by vertue 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 Priviledges of Virginia-Owners of Ships, expressed and set down in the CXXXIIII. [Page 257] Act, in the Printed Book (Intituled Priviledge of Virgini­a-Owners) made at James City the 23d of March, 1661. and one Act made at James-City the 20th. of October, 1669. (In­tituled, 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 priviledge 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 apointed 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 Countrey, and longer to lye 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 [Page 258] 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 Soul­dier, 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 Soul­diers, 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 Souldiers for each Garrison as aforesaid, be appointed and chosen, as also their Horses, Arms and Furniture, out of those who are now there, or ought 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 Souldiers, Horses, Arms or Furniture so made choice of as aforesaid, and hap­pening to dye, or any ways become disabled by sickness or otherwaies, 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 Soul­dier or Souldiers, &c. 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 Souldiers 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 Publick, and for the lessening the charge heretofore brought for transporting provisions, and the better and more sure providing the same; Be it Enacted by the Autho­rity aforesaid, that each Souldier be allowed such Pro­portions of Corn and Meat, as is set down in the before re­cited Law, and that Collonel William Bird as undertaker in this Present Assembly, do forthwith begin, and all a­long continue from four months to four months,Persons in­trusted to make Provisi­on for the Souldiers be­longing to the Garisons to provide and furnish the provision and Corn for the Garrisons and Souldiers at the head of James River, and deliver the same so convenient to the Garrisons, as that the same may be conveniently secured and fetcht in by the Souldiers thereof, without further charge to the Country.

Their Allow­an [...].For which Provisions he the said Colonel William Bird shall be paid and allowed by the publick, after the rate of two Thousand pounds of Tobacco and Cask per Annum, for each Souldier at the said Fort; and that Captain John Lang­horn [Page 259] as Undertaker in this present Grand Assembly, make like Provisions and delivery thereof, for York River Fort, and have like pay from the publick, and that Robert Bever­ly as Undertaker in this present Grand Assembly, make like Provisions and Delivery thereof, for Rapahannack River Fort, and have like pay from the publick, and that the Rules in the former Law be observed for providing Provisions for Potomack Fort, and because by Reason of the Poverty of this Countrey, the number of Souldiers appointed for each Garrison at the Countreys charge, is so few, and that in all likelyhood there may be found emergent Occasion to Re­inforce each Garrison with one or more Souldiers; his Ex­cellency is humbly Requested as he shall see cause from time to time to place in each Garrison such Number of his Majesties Foot-souldiers now in the Countrey, as from time to time shall be thought fit and needful; and for such Soul­diers so placed, their Allowance of Provisions shall be from time to time, made and provided at the Countrys charges, as is proportioned and allowed for the other, all such Souldiers being furnished and supplyed with his Ma­jesties Arms and Ammunition, and provided with their own Bedding to be carryed to such Garrison at the charge of the countrey, and to the end such Provisions as afore­said may be always ready and at hand, it is hereby Enact­ed, by the Authority aforesaid, that every Undertaker hereby and herein in this Act nominated do for the first four Months and for every other succeeding four Months, provide and lay in for each Garrison five Months proporti­onable Allowance, and also from time to time, furnish such other quantities proportionable, and for each such Supernumerary Souldier as shall be sent according to the time such Souldiers shall be continued there,Five Months Provisions in each Garrison. and as the said Undertakers shall from time to time receive Notice thereof, and Direction for the same from each Respe­ctive Commander, in chief for such Garrison as he hath Undertaken for, and for such Provisions he shall be paid by the publick, according to the Rates before men­tioned.

Provided always, and his Excellency is desired if he see cause, to draw off ten of the Souldiers from each Garrison, for the ease of the Country, supplying the same with ten of his Majesties Souldiers at each Gar­rison, and such ten to have the Horses, Arms, and Furniture of those that shall be withdrawn.

V. An Act for Cohabitation, and Encouragement of Trade and Manufacture.

THis present General Assembly having taken into their serious consideration the great necessity, usefulness, and advantages of Cohabitation in this his Majesties Co­lony of Virginia, and observing and foreseeing the great extremities his Majesties Subjects here; must necessarily fall under by the present and continued Lowness of the price of Tobacco, the only Commodity and Manufacture of this Countrey, if the same be not by all prudential wayes and means prevented; and considering that the building of Store-houses for the reception of all Merchandizes, im­ported, and receiving, Securing, and laying ready all Tobaccoes, for exportation and for Sales, and disposal of all Goods, Merchandizes, and Tobaccos imported or exported in­to or from this his Majesties Colony of Virginia, will be one great means of advancement thereof, do pray your Ma­jesty that it may be Enacted, and be it Enacted by the Kings most Excellent Majestie, by and with the Consent of the General Assembly, and it is hereby Enacted by the [Page 261] Authority aforesaid,Fifty Acres of Land in each County shall be set apart to Erect Store-houses upon, for the use of the said County. that thereby within two Months next and imediatly after publication hereof in every respective County within this his Majesties Colony, fifty Acres of Land purchased by the Feoffees of the several Counties at the rates herafter set down, and measured about, laid out and appointed for a Town for Store-houses, &c. for such County as is hereafter set down, and Expressed; that is to say, Places in each County where the said Store-houses shall be built.

In Henrico County at Verina, where the Court-house is.

In Charles-City County at Flower-de-hundred over against Swynyards.

In Surry County at Smiths Fort.

In James-City County at James-City.

In Isle of Wight County at Pates-field at the parting of Pagan Creek.

In Nanzemund County at Collonel Dues Point, alias Huffs-point.

In Warwick County at the mouth of Deep Creek on Mr. Mathew's Land.

In Elizabeth-City County, on the West-side Hampton River, on Mr. Thomas Jarvis his Plantation where he now lives.

In Lower Norfolk County on Nicholas Wise his Land on the Eastern Branch of Elizabeth River, on the En­trance of the Branch.

In York County on Mrs. Redds Land where the Shipp Honours Store was, including the Low Beach for Landing Wharfes, &c. and the Old field where Webber dwelt for Cohabitation.

In new Kent County at the Brick-house along the high Land in the old field from Marsh to Marsh.

In Glocester County at Tindalls Point, on Tindalls Creek side, on John Williams his Land.

In Middlesex County on the West-side of Ralph Worm­leys Esquire, his Creek, against the Plantation where he now lives.

In Rappahannack County at Hobbs his hole.

In Stafford County at Peace point at the mouth of Aquia on the North-side.

In Westmorland County at Noming on the Land of Mr. William Hardridge.

In Accomack County at Colverts Neck on the North-west­side, at the head of Anancock Creek.

In Northampton County at the North-side of Kings Creek, beginning at the mouth, and so along the Creek, on the Land belonging to Mr. Secretarys Office.

In Lancaster County on the North-side Corotomen River, against the place where the Ships ride, on a point of Land belonging to Mr. Edward Carter, about a quarter of a mile up the Creek which divides Mr. Thomas Chewnings and the Court-house.

In Northumberland County at Chickacony.

And Be it forther Enacted by the Authority aforesaid, and it is hereby Enacted, That the price to be paid by each County, for each respective Fifty Acres of Land, nomi­nated as aforesaid, shall be ten thousand pounds of To­bacco and Cask, which summ the Owner or Owners thereof, shall be and are hereby constrained to accept,What price the County shall pay for the said fifty Acres of Land. take, and re­ceive, as a full and valluable price and consideration for the said Land for ever; and for which he shall pass and acknowledge an authentique Deed in Law to such person or persons, his or their heirs and assignes for ever, as shall be nominated by the Justices of the County-court, as Feo­ffees in trust, and to and for the use of the County. And for Encouragement of all and every such person and persons as will build a dwelling House, and a 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 Ware-house thereupon, as by this Act is enjoyned: and in case any person shall desire more then one half Acre, that then there be assigned him one half Acre more in manner aforesaid, he building thereupon one other Dwelling-house and one Ware-house, and paying the County one hundred pounds of Tabacco and Cask for the same. And it is hereby further Enacted, that every such person or persons as shall desire and purchase such Lands as aforesaid, and shall not begin to build thereupon within three Months after such pur­chase, and so continue to the finishing such building as by this Act is enjoyned, shall forfeit all such Tobaccos and Land, the same to revert to the County, so as to be Sold and assigned to any other person or persons de­siring [Page 263] the same on the prices & Conditions aforesaid. And it is hereby further Enacted that the Surveyor or Surveyors appointed to lay out the said fifty Acres in the several ap­pointed places,Surveyors of the said Land shall be paid by the Publick. Their Allow­ance. be paid and allowed by the Publique according to Act of Assembly; and that every Surveyor for Laying out every Dividual half Acre, and giving a Plot thereof, shall be paid by him that shall imploy him twenty pounds of Tobacco and Cask, and no more. And such Surveyor as upon timely notice given him shall refuse to survey and lay out the same, or shall demand more then what is herein allowed, upon due proof thereof made, shall pay to the party agrieved five hundred pounds of Tobacco, to be recovered by Action of Debt in any Court of Judicature. And be it further Enacted by the Authority aforesaid, and it is hereby Enacted, that all Tobaccoes whatsoever which shall be made within this his Majesties Country from and after the first day of January next ensuing,All Tobaccoes and other Goods and Merchan­dizes what ever of the growth of this Colony, to be exported shall be brought to the places aforesaid. and all other Goods and Merchandizes whatsoever, of the growth of this Colony to be Exported, shall be brought to the said appointed places, where all such Tobaccoe and all Goods and Merchandizes whatsoever of the growth or production of this Colony, are to be bought, sold, Shipt off and freighted; and whosoever shall presume to Buy, Sell, freight or Ship off any Tobacco or other Goods and Mer­chandizes aforesaid, next after the time aforesaid, before the same is brought to such appointed places, upon due proof thereof made, shall forfeit, and lose all such To­bacco, or other Merchandizes whatsoever, one half to his Majestie, and the other half to the informer, any Law, Usage, or Custom to the Contrary notwithstanding. And all Goods, Wares, English Servants, Negroes, and other Slaves and Merchandizes whatsoever, that shall be im­ported into this Colony,Goods Imported shall be Landed and sold there. from or after the 29th Day of September which shall be in the year 1681. shall be lan­ded and laid on shoar, bought, and Sold, at such ap­pointed places as aforesaid, and at no other place what­soever, under like penalty and forfeiture thereof.

Provided alwayes that it shall and may be Lawfull, for any person whatsoever, to have liberty to buy and Sell between themselves any Horses, Mares, Cattle,Horses, Cattle English graine &c. and other Provisions, ex­cepted. Sheep Corne, English graine, or any other manner of provisions whatsoever; and also liberty to carry Hides to the Tanners, where the Tan-houses are, any thing in [Page 264] this Act to the contrary notwithstanding. And to prevent Exactions that may be used by Sloop-men who must neces­sarily be imployed to bring the said Tobaccoes to the said ap­pointed places, and for the Owners of Ware-houses for Storage thereof, it is hereby Enacted, that the Owner of the Tobacco bringing the same to the Waterside, where it is to be taken on Board,Prices appoin­ted for sloop-hire from the said Warc-houses. shall pay for Sloop-hire no more then Twen­ty Pounds of Tobacco and Cask for each Hogshead, if the said Tobaccoes be within thirty miles of the said Ware-house, to which it is to be brought, and at what distance soever further, forty pounds of Tobacco and Cask for each Hogshead, and no more upon penalty of forfeiting one hundred pounds of Tobacco and Cask for each Hogshead, by him who shall demand, receive or take more, to the use of the Party griev­ed; and for Storage of any Hogshead of Tobacco in any Ware-house, the Owner thereof shall pay to the Ware-house-keep­er ten pounds of Tobacco for the first day, or for a Month, and for every month after six pounds of Tobacco and no more.

And whereas there are several persons who are so Remote from Landings proper for taking their Tobaccoes on Board the Soops or▪ Boats for Transporting the same to the appointed places, It is therefore hereby further Enacted, that in case any Person or Persons, Owners of such Lands, which shall be convenient to build a house upon, convenient for securing such Tobaccoes, until the same can be shipped, shall refuse to build such house for securing such Tobaccoes as aforesaid, that in sucb cases liberty be granted, and liberty is hereby granted to any person or persons whatso­ever, for so much Land as he or they may con­veniently build such fitting house upon, for securing such Tobaccoes, as shall be brought thither in order to transporting the same, to the Ware-houses appointed by this Act, he or they who shall desire the same and build thereon according as by this Law is intended, paying to the Owner thereof, such Price and Prices as are set down and ordered to be paid in the 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 [Page 265] any the said Tobaccoe [...] in the time of the Transportation thereof, to the said appointed places, or in the Ware-houses 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 Ware-houses, and for encouragement of Carpenters, Sawyers, 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, Custome, 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 Publick 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 also-be freed from the pay­men of publick Levyes for 5. years. that all such Debts as shall accrew 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 Ware-houses,No Collector shall make seizure of any Tobaccoes while in such places for publick 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 publick County, or Parish-Levies or for Sheriffs or Clerks-Fees, but that all Sheriffs and Publick Collectors shall be and hereby are enjoyned to Collect, and receive the Tobaccoes Due in their Collections as heretofore was u­sual and the Publick 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 adnavcement [Page 266] of the Price of Tobacco, and lessening of Freight that no Merchant, Facture, or Adventurer whatsoever, arriving with any Goods, VVares, Servants, Slaves or other Mer­chandize 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, VVares, &c. 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 fell 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 lye con­veniently one such Ware-house may serve in Common. and there build houses as by this Act is enjoyned 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 contray not­withstanding, and it is hereby further Enacted, that all Magistrates take due care to see this Act be strictly obser­ved and put in E [...]ecution.

VI. An Act Ascertaining Attorneys Fees.

VVHereas all Courts in this Countrey are many times hindred and troubled in their Judicial proceedings, 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 hinde­rance 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 countrey, 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 Soveraign 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 [Page 268] 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 Judgment, more then five hundred pounds of Tobacco and Cask, and for any cause in the County-court, and bringing the same there to Jugde­ment, more then 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-Children shall be Tythable.

WHereas it is deemed too hard and severe, that children as well Christian as Slaves, imported into this Colony, should be lyable 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 [Page 270] 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 Publick County and Par­rish-Levys, and for Clerks and Sheriffs Fees, be eight per Cent. and no more;Allowance of Cask for Pub­lick, and County Levys &c. 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, [Page 272] 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 Negroes 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, [Page 273] Gun, Sword or any other Weapon of Defence,Negroes shall not go armed nor depart from off their masters ground without Cer­tificate. or offence nor to go or depart from off his Masters 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 enjoyned 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 layed on. And it is hereby further enacted by the Authority aforesaid, that if any Negroe or other Slave shall absent himself from his masters service, and lye hid and lurking in obscure places, committing injuries to the Inhabitants, & shall resist any person or persons that shall by any lawful authority be imploied to apprehend & take the said Negroe that then in case of such resistance,Fugitive-Ne­groes resisting such as are imployed to apprehend them may be killed. it shall be lawful for such person or persons to kill the said Negroe 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 [Page 274] Papers, and to intitle or call them the Grievances of such Countie or Counties wherein they dwell, neither give­ing or presenting the same in lawfull manner, nor in truth being known to any other of his Majesties 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 Majesties Colony of Virginia, any Untainted-Hides or Deer-Skins, upon the Penalty of [Page 275] 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 Customes, are hereby re­quired and enjoyned on every Information and Suspition of such exportation, to make diligent search and seizure accor­dingly.

XIII. An Act Prohibiting Ʋnlawful 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 [Page 276] 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 Chappel within this his Maje­sties 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 Quallity, shall be fined five hundred pounds of like Tobacco and Cask, for every such Offence; which Fines shall be Levyed by the Sheriff upon the Estate of the person or persons so offending by vertue 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. Intitu­led, An Act concerning Indians: Be and hereby is Re­vived and Re-inforced, 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 Loggs and Trees, for the more safe Passage of Sloops and Boats.

VVHereas the Neglect of clearing the Heads and others parts of Rivers and Creeks, from Loggs, Trees, Roots of Trees, and other Rubbish, hath [Page 278] 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, Loggs, Rubbish, &c. 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 Loggs, 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 Removeal of all Loggs, 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; Intituled,Such as shall fall Trees into the Rivers and not clear away the same, fined 500 l. of Tobac­co. Surveyors for High-ways: And if any shall presume to fall Trees into the Rivers or Creeks, and not clear the same, the Offendor 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 [Page 279] 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.

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 Ʋnseasonable Times.

THe Inhabitants and Freeholders of the several Coun­ties of Glocester, Middlesex and Lancaster, by their Burgesses at this Assembly, complaining that the striking and killing of Fish with Giggs and Harping-Irons, is very prejudicial, injurious, and destructive to themselves in par­ticular, and the whole Countrey in General: And praying that by a Provincial Law, there may be Restraint put upon such striking and destructive killing of Fish, be­twixt [Page 281] the Months of March and November. Be it there­fore enacted by the Kings most Excellent Majesty, by and with the consent of the General Assembly, and it is here­by enacted by the Authority aforesaid, that from hence forward it shall not be lawful betwixt the first day of April, and the first day of November, No Person shall strike or kill fish, be­twixt the first of April, and the first of No­vember, in the Counties of Glocester, Middlesex, & Lancaster, upon Penalty of forfeiting 500 l. of To­bacco. for any person or persons whatsoever, to kill or strike any fish what­soever within the bounds and limits on the Waters or Shoars of Glocester County, Middlesex County, or Lan­caster County, with Gigg, Harping-Iron, or any other such like Instrument made, or to be made, of Iron, Wood, or other ways, upon Penalty of forfeiting and paying for every time, such Person shall be lawfully convict thereof, five hundred pounds of Tobacco and Cask, one half to the Kings Majesty, his Heirs and Successors, and the other half to him or them that shall inform thereof, and sue for the same, to be Re­covered against every such Offender or Offenders, in a­ny of his Majesties Courts of this Colony of Virginia, by Action of Debt, Bill, Plaint or Information, any Law, Custom, or Usage, to the contrary notwith­standing.

I. An Act to Repeal a former Law, making In­dians, and others Free.

VVHeres by the Twelfth Act of Assembly held at James City, the third day of October, Anno Do­mini, 1670. Entituled, An Act, declaring who shall be Slaves, it is Enacted, that all Servants not being Christians, being imported into this Country by shipping, shall be Slaves, but what shall come by Land, shall serve, if Boyes and Girls, until thirty years of age; if men or women, twelve years and no longer: And for as much as many Negroes, Moors, and Mulattoes and others born of, and in Heathenish Idolatrous Pagan and Mahumetan Parentage and Country, have heretofore, and hereafter may be purchased, procured or otherwise obtained as Slaves, of, from, or out of such their Heathenish Conutry by some well disposed Christian, who after such their obtaining and purchasing such Negro, Moor or Mulatto as their Slave, out of a pious zeal have wrought the conversion of such Slave to the Christian Faith, [Page 283] which by the Law of this Country, doth not manumit them or make them free, and afterwards such their Conversion, it hath and may often happen, that such Owner or Master of such Slave, being for some reason enforced to bring or send such Slave into this Country to sell or dispose of, for his necessity or advantage, he the said Master or Owner of such servant which notwithstanding his Conversion is really his Slave, or his Factor or Agent must be constrained either to carry back or export again the said slave to some other place, where they may sell him for a slave, or else depart from their just right and Title to such slave, and sell him here for no longer time then the English or other Christians are to serve, to the great loss and dammage of such Master or Owner, and to the great discouragement of bringing in such slaves for the future, and to no advantage at all, of the Planter or Buy­er; and whereas also those Indians which are taken in War or otherwise by our Neighbour Indians Confederates or Tri­butaries to his Majesty and this his Plantation of Virginia, are slaves to them the said Neighbouring Indians that so take them, and by them are likewise sold to his Majesties Sub­jects here as slaves; Be it therefore Enacted by the Governour, Council and Burgesses of this General-Assembly, and it is Enacted by the authority aforesaid, that all the said recited Act of the third of October, 1670. Be and is hereby repealed, and made utterly void, to all intents and purposes whatsoever. And be it further Enacted by the authority aforesaid, that all servants except Turks and Moors, whilst in amity with his Ma­jesty, which from and after Publication of this Act shall be brought or imported into this Country,Indian Slaves &c. though after­wards Conver­ted to Chri­stianity, shall not withstan­ding continue Slaves still. either by Sea or Land, whether Negroes, Moors, Mulattoes or Indians, who and whose Parents and Native Country were not Christi­ans at the time of rhe 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 Trafficquing 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 Custome 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 Governour, Council and Burgesses of this General Assembly, and the authority thereof, That all Indian-Women are and shall be Tythables, and ought to pay Levies in like manner, as Ne­gro Women brought into this Country, do and ought 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. Entituled, An Act preventing Negroes Insurrections, hath not had its intended effect for want of due notice there­of being taken; It is enacted by the Governour, 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 Church-Wardens 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 [Page 285] Book of the said Parish,The Act of the eighth of June, 1680. for preventing Insurrections of the Indi­ans, shall be read publick­ly in all Churches and Chappels of Ease twice e­very year. and that the Minister or Rea­der of each Parish, shall twice every year, viz. Some one Sunday or Lords-day in each of the Months of September and March, in each Parish-Church or Chappel 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 Church-Warden, 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 Judgment and Execution.

IV. An Act Prohibiting the Exportation of any Iron, Wool, Wolfels, Skins, Hides, or Lea­ther.

VVHereas 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 [Page 286] would be found profitable for the setting to work many men women and children in this Country, which lye 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 Governour, 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, carryed 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 Tan-house 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 Lyable to the Respective Pains Penalties,Forfeiture of Iron, Wool, Hides, &c. (Tanned or Ʋntanned) 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, carryed, conveyed, or loaden, contrary to this [Page 287] 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 ther [...]o. 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 Moity of which said Penalties and Forfeitures, shall be to the Kings Majesty, his Heirs and Successors, and the other Moity 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, tryed 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 commit­ed 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, &c. as are found on Boaod for exportatien, and shall have the Moity 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 [Page 288] 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 seiz, 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 Marriner, 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 VVool or Woolfels, twenty pounds of Tobacco, and for every pound of Iron, five pound of To­bacco sold, so disposed or batered 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 Oposi­tion. be required and en­joyned upon notice to him or them given, of any Skins, I­ron, Wool, VVoolfels, 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 VVarrant, 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 [Page 289] if any person or persons,Penal [...]ies up­on such Justi­ces, Sheriffs, and others as shall not give due obe­dience to this Act. shall upon command made to him in his Majesties 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 Kings 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 alwayes, and it is the true intent and meaning of this Act, that if any person or persons, shall hereafter be su­ed or impleaded by vertue 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 Governour, in causes depending in the General Court, is found by experience to be very Burthen­some [Page 290] and grievous to Suiters, the Burgesses now assembled do pray, That it may be enacted, and be it enacted, by the Governour, Council, and Burgesses of this present General Assembly, and by the Authority thereof, that all Writs or Commissions to examine witnesses called Dedimus Potesta­tem, A Dedimus Potestatem, may be signed by any Mem­ber of the Council. at the Request of either of the Parties, Plaintiff, or Defendant in any cause now depending, or which shall or may hereafter depend in the General Court, shall and may be issued and signed by any one of the Honourable Council in such Form, and according to such Rules and Directions as are by Law already prescribed and laid down, and that all writs of Execution, and writs of Attachment awarded by any Order or Judgment of the said Court, shall and may be issued forth of the Secretaries Office, by the Clerk there attending, and for that purpose authorized by the Secreta­ry, and by him signed, without putting the parties to the trouble of attending,Writs of Exe­cution and Writs of At­tachment how to issue. or sending to the Governour for his sign, as hath been formerly used, and all such writs to be Returnable to the Secretaries Office, any former Law, Cu­stom or Usage, to the contrary notwithstanding.

VI. An Act Repealing the sixth Act of Assem­bly, of June, 1680. about Attorneys.

FOrasmuch as the sixth Act of Assembly made at James-City, the 8th. day of June, 1680. concerning Attor­neys, is found inconvenient, Be it therefore enacted, by the Governour, Council, and Burgesses of this General Assembly, and it is enacted by the Authority aforesaid, that the aforesaid Act of Assembly, and every clause there­of, from henceforth be Repealed, and made Void.

VII. An Act Disbanding the present Souldiers in Garrison, in the Forts, at the Heads of the several Rivers; as also, for the Raising of other Forces in their stead.

WHereas the present Garrisons in the several Forts, built according to an Act of Assembly, held at James-City, the 8th day of June, 1680. Intituled, An Act for Continuation of the several Garrisons and Fortifications at the heads of the four great Rivers; are by experience found very burthensom, and chargeable to the Country, and foras­much as the apprehensions of Dangers, from the Incursions of certain Indian-Enemies, induced that Assembly to erect those Forts, and place those Garrisons in them; are for the most part removed by peace, concluded with those Indians then our Enemies; the House of Burgesses now assembled, do pray, that it may be enacted, and be it enacted by the Go­vernour, Council and Burgesses of this General Assembly, and by the authority thereof, that the several Forts and Gar­risons be dismantled, and the Forces, Officers, and Souldiers therein, and in each of them disbanded, some time between this and the 30th. day of this instant December, and that each Officer and Souldier by the time aforesaid, do actually deliver up his Horse, Arms and Furniture, to the Respe­ctive Owners of them; and forasmuch as it may be dange­rous and of evil Consequence, to leave the frontiers of the Country, and heads of the aforesaid Rivers, altogether un­garded; it is hereby enacted, that twenty men well furnish­ed with Horses and all other Accoutrements, be raised and listed in each of the Counties of Henrico, New-Kent, Rappa­hannack, and Stafford, Twenty Men well furnished with Horses shall be raised in each County viz. of Hen­rico, New-Kent, Reppa­hanuack and Stafford. of such House-keepers belonging to the said Counties, as shall voluntarily offer themselves for this Service, and for want of such or so many House-keepers that then the said Number shall be made up of such free­men as shall willingly offer themselves, and give security to the Militia-Officers of that County, to perform all services and other things, as by this Act is enjoyned them, but in [Page 292] case such twenty men, quallified as aforesaid, shall not be found in each of the said Counties, then it shall and may be Lawful for the Militia-Officers of the said Counties, to impress such and so many men furnished as aforesaid, as shall be wanting to compleat the number required by this Act; and his Excellency the Governour General, or in his absence the Right Honourable the Lieutenant, or Deputy Governour is hereby desired to make choice of, and com­missionate some fit and able Person, in each of the afore­said Counties, who is a House-keeper, therein to command, lead, train, conduct, and exercise the said Twenty souldiers to be raised in the said County, of which he shall be ap­pointed and commissionated, by his Excellency the Gover­nour General, the Lieutenant or Deputy Governour, as is aforesaid. And it is further enacted, That the chief Of­ficers of the Militia in each of the said Respective Counties, shall make choice of the most able and fittest person, out of such twenty men, as to them shall seem most fit and convenient to be Corporal of the said Troop of that County, who in the absence of the Captain of the Troop occasion­ed by sickness or otherwise, is to Lead, Train, Command, and Exercise, the said Troop, or Company of Twenty Men; and be it enacted by the Authority aforesaid, That the pay of each Officer and Souldier shall be as followeth, to the Captain of each Troop, finding himself Horse, Armes, Ammunition and Provision, eight Thousand pound of Tobacco, with Cask, out of the Publick Levy, for one whole year, and so after that Rate for a shorter or longer time;The Captain of each such troop consisting of 20 men, shall have 8000 l. of Tobacco and Cask per An­num. To the Corporal of each Troop, Three Thousand Pounds of Tobacco with Cask, as aforesaid for one whole year, and so after that Rate, for a longer or shorter time, to each Souldier finding himself Horse, Armes, Furniture, Provision, Ammunition, and other necessaries as aforesaid, two thousand pound of Tobacco in Cask, as aforesaid, and so after that Rate,Corporals and private Soul­diers pay. for a longer or shorter time. And be it enacted by the authority aforesaid, that each Captain, or in his absence, his Corporal shall once every Month, Must­er, Train, Exercise, Instruct, and Discipline the Troop or Souldiers under his Command,The said troops shall be train­ed and Exer­cised once a Month. on pain to forfeit five hun­dred pounds of Tobacco in Cask for every time, he shall neglect such Muster or Exercise, unless occasioned by sick­ness, and that every Captain, or in his absence, occasioned by sickness, his Corporal shall at the least once in every [Page 293] fourteen days, Range and Scout,And shall once in every 14. dayes range & scout about the frontiers of the County for which they serve. about the Frontiers of the County, for which they serve, and in such other places as shall be most likely for the Discovery of the Enemy, under pain of forfeiting for every time, he shall neglect such Rang­ing and Scouting, one Thousand pounds of Tobacco and Cask; and that every Souldier 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 Governour, the Right Honourable the Deputy Governour, 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 Gover­nour and Council. And it is further enacted, That for their better Management, and Or [...]ering their Horses, and mak­ing them fit for service, no Souldier 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 Souldier 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. Intituled, 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 Majesties good Liking, and after until [Page 294] his Majesties Pleasure, shall be signifyed 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 Majesties Subjects, being in this his Majesties Dominion of Virginia; for preventing of such mischiefs, Be it enacted by the Governour, 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 Majesties Dominion, to all his Majesties 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 Kings Majesty, his Heirs and Successors, and the other half to the Informer, to be recovered by acti­on of Debt, in any of his Majesties Courts, in this his Ma­jesties Country; which said Penalties are to be added and [Page 295] 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. Intituled, An Act concerning Arrests in Court-time, exempt the Inhabi­tants of James-City-County from the benefit thereof, leaving them lyable 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 Gover­nour, 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 alwayes nevertheless, that this Act shall not ex­tend to the Inhabitants of James-City, but that they and eve­ry of them, shall be lyable 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 asmuch as many Persons Summoned or Subpena'd as Evidences in Causes depending in the Courts of this Countrey many times fail in appearing, for fear of be­ing Arrested, when they appear at Courts as Witnesses, [Page 296] whereby many times many Inhabitants of this Countrey lose their Suits and just due; Be it enacted by the Gover­nour, Council and Burgesses of this General Assembly, and it is enacted by the Authority aforesaid, that from hence­forth all Persons Subpena'd 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 Kings 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 Linnen and Woollen Cloth.

BE it Enacted by the Governour, 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, Hemp-Seed, 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 Hemp-seed, 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 publick for every peck of Flax-Seed, of the Growth of the Country, and 20 l. of To­bacco for every peck of Hemp-seed. 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 Publick Levy; provided such Certifi­cate from the Justices to the County-Court, be filed 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, [Page 297] 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 Publick, 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 Publick 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 Linnen, 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 Publick;Allowance for the same made into Cloth, also for Wool­len Cloth, and for Linsey-Woolsey. such per­son or persons producing the said Linnen 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 enquire, and take proof, that the said Linnen, or Woolen, or Linsey-Woolsey, are of their proper growth and manufacture, and accordingly Certifie the same to the next Assembly, which Certificate shall be received as proof to the Assembly, for the allowing thereof, out of the Publick Levy. And whereas it is well hoped, that by the encourage­ment aforesaid, there will be such great quantities of Flax-Seed, and Hemp-Seed, produced in this Country, as will a­bundantly furnish the Inhabitants for the end ands purposes hereafter mentioned, and that the Inhabitants be remembred 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 Countrey 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, [Page 298] & 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 enjoyned 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 Publick for Hats made of Wool or Furr of the growth of this Country. that there shall be allow­ed and paid out of the Publick Levy, for every well-wrought Hat, made of Wool or Furr in this Country to the maker thereof, ten pounds of Tobacco; and for every dozen pairs of mens or womens woolen 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 Linnen and Woolen-cloth.

The time this Act shall con­tinue in forceProvided alwayes 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 Governour, Council and Burgesses of this General Assembly, that all Debts either in Money or Tobacco, contracted after publication hereof in this his Maje­sties 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 [Page 299] one Justice of the Peace, (which Oath the said Justice is hereby impowered and required to administer) the summ of money or quantity of Tobacco he hath here or else-where, 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, six-score to the Cent. three pound, or six hundred pound of Tobacco; Hogshead-Staves per thousand, six-score to the Cent. two pound eight shillings, or four hundred and eighty pound of Tobacco; Barrel-Staves per thousand, six-score to the Cent, one pound thirteen shillings seven pence farthing, or three hundred thirty six pound of Tobacco Buck-Skins drest, each two shillings four pence three far things, or twenty four pound of Tobacco; undrest one shilling two pence farthing, or twelve pound of Tobacco; Doe-Skins drest, each one shilling nine pence halfpenny, or eighteen pound of Tobacco, Undrest, eleven pence, or nine pound of Tobacco.

Which Commodities must be at the time of tender, good, sound, wholsom, and Merchantable, in their kind; and if any difference happen therein, the same shall be deter­mined by two of the Neighbourhood, appointed and requir­ed [Page 300] 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 Quit-Rents or other his Majesties 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 Publick Levy.

BE it enacted by the Governour, 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 Majesties Colony and Dominions of Virginia, for the payment and defraying of the publick charge of the Country, being the publick 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.