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, Tnere be a Church decently built, in each Parish of the Countrey, unless any Parish as now setled, by reason of the fewness or poverty of the Inhabitants, be incapable of susteining so great a Charge: In which case, It is Enacted, That such Parishes shall be joyned to the next great Parish of the same County, 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 the Levies and Assesse­ments for building and repairing the Churches and Chappels, provision for the Poor, maintenance of the Minister, and such other necessary uses, 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, chosen to be a Ve­stry; out of which number, the Minister and Vestry to make choyce of two Church-wardens yearly, as at, so in case of, the death of any Vestry-man, or his departure out of the Parish, that the said Mini­ster and Vestry, make choyce of another to supply his room. 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.

THat for the better encouragement and accommodation of the Ministery, there be Glebes laid out in every Parish, and a con­venient House built for the Reception and abode of the Minister ac­cording to his Majestie's Instructions, and that such Provision be made for his maintenance 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.

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 [Page 4] such as shall produce to the Governour a Testimonial, that he hath received his Ordination from some Bishop in England, and shall then subscribe to be conformable to the Orders and Constitutions of the Church of England, and the Laws there established; upon which the 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, publiquely or privately, the Governor and Council are hereby desired and impowred 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^th. Act made at James-City, the se­cond of March, 1642.

V. Ministers to provide Readers, 1661.

THat every Parish not having a Minister to officiate every Sun­day, do 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 Liturgie to be read.

THat the Canons set down in the Liturgie of the Church of England, for celebrating Divine Service, and Administration of the Sacraments, be duly observed and kept; and that the whole Li­turgie, according to the said Injuctions, be by the Minister or Rea­der, at Church and Chappel every Sunday, throughly read.

VII. Church-Catechism.

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 [Page 5] the Expounding that or any other Catechism, or the Scri­ptures.

VIII. Ministers to Preach Weekly.

THat the Minister of every Parish preach constantly every Sun­day, (viz). one Sunday in a Moneth 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 be Prophaned.

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; but that all and every person and persons inhabiting in this Countrey, having no lawful excuse to be absent, shall upon e­very Sunday, and the four Holy-dayes hereafter mentioned, diligent­ly resort to their Parish Church or Chappel accustomed, then and there to abide orderly and soberly during the time of Common-Prayers, 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 alwayes, 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 lyable to such fines and punishments as by the Statute of 23. of Eliz. are imposed on them, being for every Moneth's absence, Twenty pounds Sterling; and if they forbear a Twelve-Moneth, then to give good security for their behaviour, besides their payment for their Month­ly absence, according to the tenor of the said Statute; and, that all Quakers for Assembling in unlawful Assemblies and Conventicles, be fined, and pay each of them, there taken, two hundred Pounds of Tobacco for each time they shall be, for such unlawful meetings, pre­sented by the Church-wardens to the County-Courts.

X. January the 30^th. to be kept a Fast.

WHereas our late Surrender and Submission to 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, 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 29^th 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: Be it Enacted, That in testimony of our Thankfulness and Joy, the Twenty-ninth of May, the day of his Majestie's Birth and happy Restitution, be annually Celebrated as an Holy-day.

XII. None to be Married but by Ministers, nor by them but by Licence or Publishing the Banes.

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 persons without Licence from the Governour or his Deputy, or Thrice publication of Banes, according to the prescription of the Rubrick in the Common-prayer-Book, which enjoynes, that if the Persons to be Married, dwell in several Parishes, 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 [Page 7] fined Ten thousand pounds of Tobacco: 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 (viz.) in De­cember-Court, and April-Court, deliver a true Presentment, in writing, of such Misdemeanors, as by their knowledg, or by com­mon fame, have been committed whilst they have been Church-wardens; Namely, Swearing, Prophaning Gods holy Name, or Sabboth; abusing, or contemning his holy Word and Sacraments, or absenting themselves from the exercise thereof; as also of those foul and abominable sins of Drunkenness, Fornication, and Adul­tery; and of all malitious and envious Slandering and Backbiting. For the better manifestation whereof, the said Church-wardens are Impowred, 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. Burial of Servants, or others, privately; Prohibited.

WHereas the private Burial of Servants, and others, give occa­sion of much Scandal against divers persons, and sometimes not undeservedly of being guilty of their Deaths; from which, if the persons 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) to the prey of Hoggs, and other Vermine: 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 publique Burial, for that Precinct; [Page 8] and further, that before the Corps be Buried, there be, at least, three or four of the Neighbours called: who may, in case of suspition, 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 then those so appointed; unless such, who by their own appointment in their life-time, have signified their desire of being interred in any particular place elsewhere.

XV. Church-wardens to keep the Church in Repair, and provide Ornaments.

AND it is further Enacted, That the said Church-wardens take care, and be impowred, during their Church-wardenships, to keep the Church in repair, provide Books and decent Ornaments, (viz.) a great Bible, two Common-Prayer-Books, a Communion-Cloth and Napkins, a Pulpit and Cushion this present year; and af­ter annually something towards Communion-Plate, Pulpit-Cloth, and Bell, as the ability of the Parish will permit: And that they the said Church-wardens, do faithfully collect the Ministers dues, cause them to be brought to convenient places, and honestly pay them; and that of all their Disbursements, and Receipts, they give a true accompt to the Vestry, when by them required, who are impowred, 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 Orphants, and enquiries 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 Record there entred, evidence the same: 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, [Page 9] of the day of the Birth, Death, or Marriage, of any to him or them re­lated, the space of a Moneth, such person for such his neglect, be fined One hundred pounds of Tobacco: And that the Minister have for their entry of such Birth, Death, or Marriage, Three pounds of Tobacco; and if they neglect entring 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 Marryed out of the Parishes, which Licences have been usu­ally granted by the Governour, whose knowledg of persons cannot possibly extend over the whole Country: Be it Enacted, That hence­forward, all persons desiring Licences for Marriage, shall first re­pair to the Clerk of the County-Court, and there give Bond, with good Security, that there is no lawful cause to obstruct their said Marriage; and that upon receipt of such Bond, the said Clerk shall write the Licence, and certifie 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 signe the said Licence, and direct the same to the Mi­nister. 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 Marryed, and of the Security, to the Secretaries Office, there to be Recorded; and further, that he deliver an accompt 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; 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 al­wayes attend upon the Service of God, which want by reason of our great distance from our Native Countrey, cannot in probability be alwayes supplyed from hence: Be it enacted, That for the advance of Learning, Education of Youth, Supply of the Ministry, and Pro­motion of Piety, 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 Antient practice of this Countrey, 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, then 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 Escheater to make inquiry into the Titles we hold by; the said Escheater cannot, by vertue of his Office, but find all such Lands for the King, which we Francis Morison, and Thomas Ludwell, who are, at present, intrusted by his Majesties Treasurer to make com­position for 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 payd 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 debarr his Majesty of his just Rights: we have thought it convenient to propose a certain Rule for Compositions for 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, having 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 [Page 11] of Tobacco for every fifty acres, besides the Fees for finding the Of­fice, and drawing the Conveyance.

2. That every person having been so in possession two years as afore­said, shall have Eight Months time to petition for, and make their Composition; but if they defer it longer, and another sue for it, and obtain it, they can impute the blame to nothing but their own neg­lect.

3. That where there is a Widdow, 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.

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. Courts.

WHereas 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 those Courts in the year, as also, because they are not equally distributed in the Quarters of the Year; September and November being too neer, and March too long from them, to admit of that Title. Be it therefore enacted, That the said Courts be no longer stiled Quarter-Courts, but that they be henceforth called General-Courts; a name more suitable to the na­ture of them, as being places where all persons and causes have ge­nerally audience, and receive determination.

Whereas the Acts of Assembly already made, are very defective in prescribing the Rules to be observed in the proceedings both in those General, and the particular County-Courts, for want whereof, many errors are committed; the respects due to the Courts so nearly representing His Majesties sacred Person, by the clamorous unmanner­liness of the people, lost: and the Order, Gravity, and Decorum, which should manifest the authority of a Court, in the Court it self neg­lected: And in regard the long omission of those hugely material, though, in themselves little things of form, hath caused all things still to continue in the first disorders; It hath appeared necessary to this pre­sent Grand Assembly, to set down the Rules and Forms themselves for the beginning, continuance, and proceedings in the said Courts, as fol­loweth. [Page 12] And it is therefore enacted, That the General-Courts begin and continue, as followeth (viz.)

XX. Actions to be Proportioned.

BE it Enacted, 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 strag­ling 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,Warrants may be served to the General-Court at any time, if there be ten days between the Arrest and Return. that is the day mentioned in the Writ to appear: 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 beten days between the Serving.

XXI. Courts to sit from Eight to Eleven of the Clock in the Forenoon: from one to three, after Noon.

BE it also further Enacted, That the Court shall each day sit from Eight of the clock till Eleven in the fore-noon, and from One to Three in the afternoons: And for avoiding all Errors that may hap­pen in the draught for the Orders by the Clerk, either through his mis-apprehending the sense of the Court, or the partial Information of any person concerned, which he, being distracted with the multipli­city of business, may unwittingly assent to; that all Orders of the day be by the Clerk drawn up against next morning, and then read [Page 14] in open Court (in presence of the Plaintiffe and Defendant, if they will be present) when Rule will be given by the Court for a­mendment of Errors, if any be before they be entred upon Record; and the Plaintiffe or Defendant, if they have any new matter of plea, shall then have liberty to plead it in Arrest of Judgement. And the Orders thus publiquely 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 Plaintiffe to file his Declaration three days before the day of Hearing.

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 Plaintiffe file his Declaration in the Office at least three days before the day of Hearing: in which time, the De­fendant may take a Copy there of, 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 Plaintiffe 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 liveth within fifty miles of James-City, one hundred and fifty pounds of Tobacco for a Non-suit; and if he dwell further off, then three hundred & fifty pounds of Tobacco; beside his Amerce­ment to the Publique. 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 Amerciament of one thou­sand pounds of Tobacco laid upon him by Act, for not making Re­turns. Provided, that the Bail and Sheriffe have respit 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 Amercia­ment awarded against the Sheriff to continue, and not to be remitted.

XXIII. Adjournment to the two last days for Determination of Referen­ces by Avisare Volumus, or Actions erected 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 [Page 15] last dayes of the Court. And whereas some cases of difficulty may be presented, upon which the Court may desire to advise: Be it therefore Enacted, that assoon as the Court hath sat so many dayes as are fil­led with Actions, it shall be adjourned to the two last dayes of that Court; and what-ever the Court hath referred by their Avisare Vo­lumus, and all Actions entred in Court-time, as aforesaid, shall be then tryed and determined.

XXIV. Criminal Causes to be tryed at the General Courts.

WHereas men of the greatest abilities both for Judgement and Integrity do usually meet at the General-Courts, whither their [...]ccasions 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 tryed at the General Courts, only the fourth day of the said Courts; and because the Laws of England do enjoyn Juries to be chosen out of the Neighbourhood where the fact was commit­ted, according to which the remoteness of our habitations, doth not admit us so fully to practise, as we desire; yet that we may come to them as near as possibly 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 Sheriffe 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 neerest of the Inhabitants of his County to that place where the fact was committed to be of the Jury for Try­al of that cause returnable the said fourth day of the next General-Court, where the said Jury-men are bound to appear; 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.

WHereas 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 Accompt 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, that the Governour Commissionate two of the Council for every River, yearly in August to sit Judges in all the County-Courts, and there hear and determine all causes then depend­ing in them by Action or reference from any other preceding Court in that County. Provided no Councellor be appointed to go the cir­cuit in the River wherein he doth inhabit.

XXVI. Appeals how to be made.

WHereas many Appeals are made from County-Courts to Gene­ral-Courts, and from General-Courts to Assemblies, whereby the speedy Execution of Justice is often retarded; and many persons, disabled by the charge of going to James-City to prosecute, are forced many times to desist from the claim of their Just Rights: Be it there­fore Enacted, that, for the avoiding delayes, 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 Itinerary-Councellours in their Circuit; From whose sentence, it there, if any person will 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 Tryal 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: 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 [Page 17] Enacted, That Appeals shall lie open, as aforesaid, for any thing of what value soever; alwayes 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. 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, being Three thousand pounds of Tobacco, or Thirty pounds 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 tryed at the County-Courts, and that no Arrest be made to the General-Court, in any Action under the value of Sixteen hundred pounds of Tobacco, or Sixteen pounds sterling; upon penalty of Five hundred pounds of Tabacco, to be paid by the Plaintiff to the Defendant, for his Charges.

XXVII. Amerciaments in the General-Courts Fifty pounds of Tobacco per Cause; in County-Courts, Thirty per Cause.

WHereas many Suits are raised upon frivolous occasions, by litigious persons; for prevention thereof, for the future, Be it Enacted and confirmed, That all persons whatsoever, that are cast in any Cause, be they Plaintiffs or Defendants, shall be Amerced (besides the Dammages and Costs to the Recoverers) Fifty pounds of Tobacco, in the General-Courts, to the use of the Publique; and in the County-Courts, Thirty pounds of Tobacco, for the mainte­nance of the Commissioners. For the due Collecting whereof, Be it Enacted, That the Clerks of the General-Courts, and the several Coun­ty-Courts, keep an exact Accompt 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 impowred, for default of payment, to make di­stress, and commanded not to return any Arrears; (Executors and Administrators, who cannot pay without orders, alwayes ex­cepted.)

XXVIII. Subpaena's to be Issued by the Clerk.

BE it also Enacted, That the Clerk of the General-Court shall issue Subpaena's from the Secretaries Office, for all Evidences required in the tryal of any Cause there depending, if the Witnes­ses required do not dwell beyond the Bay, or the North-side of James-River: And if they do, that then a Dedimus Potestatem shall issue for taking the Deposition in the County, or Counties, where the Witnesses do dwell. Provided alwayes, That in Criminal-Causes all Witnesses be bound over to give in their Evidences vivâ voce, at the tryal 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 farr exceeding the value of the Cause, be brought to give it vivâ 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 hinderance 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 tryals 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 be to be Tryed at the General-Court, the Governour; if in any County-Court, any one of the Council, or the Judge of the Court; 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 Plantiff or Defendant, then the Governour, Councellour, 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 [Page 19] 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 impowred and required to appoint a time and place, when and where they will receive the Evidences, and to issue out Subpaena's for their appearances accordingly; and if upon such Sum­mons any of the Witnesses refuse or neglect to come and give in their Evidences, then the Commissioners, or any two of them, be further impowred, 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 alwayes, 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 dayes 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 Evidence.

BE it also Enacted, That the Penalties to be inserted in Subpaena's to the General-Courts for Non-appearance of the Evidences sum­moned, be, One thousand pounds of Tobacco; and for like default of the County-Courts, Three hundred and fifty pounds of Tobacco: And that all Witnesses, summoned to give in their Evidences at either of the said Courts, 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, un­till they have given in their Evidences, Forty pounds of Tobacco per day: And because many malitiously, 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 above Three Witnesses to any one Action, 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, 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 al­wayes of the Quorum, are to be impowred 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 Peace there. And be it further Enacted, That these persons, thus Commissionated, 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 styled County-Courts. And further, that the Justices do keep the said Courts precisely upon the dayes appointed by this and former Acts of Assembly (viz.)

• 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 the 15 day.
• Elizabeth-City the 18 day.
• Warwick-County the 21 day.
• Yorke-County the 24 day.
• Northampton the 28 day.
• New-Kent the 28 day.
• Gloucester the 16 day.
• Lancaster the
• Rappahanocke the
• Surry the
• Northumberland the
• Westmerland 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, signifie 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 Subpaena's 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 pounds of To­bacco, to be levyed upon the Sheriff that shall presume to serve any Process, contrary to the tenor hereof. And be it Enacted, That the Plaintiff in any Action, shall, at least the day before the Court, en­ter his Bill of Complaint, 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 al­wayes 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 transferring the Presidents to Poste­rity; as also for prevention of new Suits, upon mistake of the grounds of Orders, That as the Plaintiff both in General-Courts, and County-Courts, files his Declaration; so the Defendant, in both those Courts, shall also put in his Answer in writing; and that the Judg­ment, if for the Plaintiff, be endorsed on the Declaration; if for the Defendant, on the Answer. And further, that all Evidences con­cerning that Cause, be 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 style of the Court, Proclamation for silence, the Cryers calling the Plaintiff, and the Defendant, to Answer; be observed in the County-Courts, as well as in the General-Courts, varying only in the Title of the Court and the Assessors.

XXXV. Court not to take Cognizance of any thing, under Two hun­dred pounds of Tobacco.

AND be it also Enacted, That the Court shall not take Cognizance of any Cause under the value of Two hundred pounds of Tobacco, or Twenty shillings sterling: which a private Justice may, and is, hereby authorized and impowred to hear and determine. And whereas many vexatious persons do very much trouble the Courts and their Neighbours, for brabling words, sometimes passi­onately, but not malitiously, spoken: [...]e it therefore Enacted, That no Action be admitted for Defamation in any Court,Action of De­famation. where the words are not Actionable. And further, that there be no words Acti­onable, but such as, if true, might have brought the person to suffer punishment by Law, any other to be cast out of the Court, and the Plaintiff to be 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 brawles, forced to wave matters of greater consequence. And because Offences of this nature may be determined by a particular Justice, who is hereby impowred 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 tend to the apparent dammage of divers of the Inhabitants of this Countrey: Be it therefore Enacted, That no Private-Courts be kept, but that all business, tryable or gran­table by or at the County-Courts, be tryed and granted in open Court, at the times and places by Law appointed. Provided alwayes, that it shall and may be lawful, for the dispatch of Merchants, and other Sea-affairs, 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. Tryals by Juryes.

WHereas the Seventieth Act made in 1642. and continued by the Ninety-first Act, 1657. seems to restrain both Plain­tiff and Defendant from Trial by Juryes, unless the Plaintiff in his Declaration, or the Defendant upon Entry of his appearance, do desire the same; which restriction is quite contrary to the Law of England, by which, the Tryal of all matters of Fact, is as appro­priate and inherent in the Jury, as matter of Law is in the Judges: for which cause, and that we may in all our Tryals 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, 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 whenever a Jury is sent our, an Officer sworn to that purpose shall keep them from meat and drink, until they have agreed on their Verdict.

XXXVIII. Grand-Juryes to present Offenders.

WHereas the several Laws constituted and made for the redress of several Misdemeanors and Offences, either through the remisness of the County-Courts, or the Justices that keep the same, or else through the defect of the Laws, in not appointing some pe­culiar Officers to look narrowly after the Offenders, and to make presentment thereof to the said Justices at their County-Courts; by which means, the Laws themselves are slighted and contemned, and become wholly useless and ineffectual: Be it therefore enacted and confirmed, That Juryes of Inquest, be impanelled and sworn in every County, to enquire of the breach of all Penal Laws in their several Counties; and that they make presentment thereof to the several County-Courts twice yearly (viz.) in April-Court, and De­cember-Court, 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 [Page 18] [...] [Page 19] [...] [Page 20] [...] [Page 21] [...] [Page 22] [...] [Page 23] [...] [Page 24] sufficient ground for the Court to pass Judgment against the Offen­ders.

XXXXIX. Pillories to be erected at each Court.

WHereas many Offences are punishable by the Laws of Eng­land, and of this Country, with Corporal Punishments; 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, a Whipping-Post neer 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; 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 Commonwealths-men perverted to their private uses: For prevention whereof, for the future; 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 accrewed 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 errour 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 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 Judgement; and shall then also give good security to make good his Plea; and, if he be cast at the next General Court, to pay the Principal with Five and Twenty per Cent. Damages, besides Costs.

XLII. Prisons to be built in each County.

WHereas the First Act of the Assembly held at James-City, the third of November, 1647. and continued by the Assembly held there, the Third of March, 1657. for prevention of escapes for Prisoners, hath enacted, That sufficient 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, lyable to the Sheriff, for the Escape of any Person committed to his Custody; which Acts have for want of a Penalty, never been put in Execution: for want whereof, Felons may escape; and Debtors for want of due Restraint, delay alwayes, 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, 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 [Page 26] being fined Five Thousand Pound of Tobacco, and be answerable for escapes as aforesaid; and, that the person breaking Prison, shall according to the said Act of the 3^d of Novemb. 1647. be adjudged a Felon; and, that no Person under Execution for Debt, or impri­soned for Felony, shall have the benefit of the Rules; and all other persons having the benefit of the Rules, shall be secured, and lye in Prison every night at the peril of the Sheriff.

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, though with a Keeper, and to have the benefit of the Rules, or to lodge in his own House, the said Sheriff upon proof thereof made at the County-Court by the Plaintiff, shall be ordered to pay the Debt, as in case of Escapes.

XLIV. Sheriffe to be chosen in the Commission.

FOrasmuch as the Commissioners of County-Courts, are by the Laws of this Countrey answerable for the Levies and Estrear­ments of each County, of which the Sheriff is usually the Collectors: 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 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 unto him. And be it further Enact­ed, That no Under-Sheriff shall execute the Office of Under-She­riff in the same County above one year: Provided alwayes, That the Sheriffs of James-City, who are more immediate Officers then any other to the General-Courts, and the Publique shall be left to the Governour's free choice: And further, That, if the Governour see cause for the better promoting any of his Majesties especial ser­vices, it shall be left to his discretion to pass by any person in any [Page 27] other Commission and to give the place to those in the Commission he shall think most meet, to supply the exigent of the present occasions. But because the Laws, as well of England as of this 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.

WHereas the Sheriffs, often through neglect, often for favour to the Debtors, omit the serving the Process to them directed, and making Returns thereof according to Law; by means whereof the Courts are prolonged, Justice is delayed, and the parties by their attendance and expences very much endammaged: Be it therefore Enacted, 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 dayes at least before the day of the Return of the Writ in the General-Court, and two dayes 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, That all Sheriffs shall take sufficient Bail of all 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 She­riffe shall be lyable 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 Publique, 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: Alwayes 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 not 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 Attachment by a former Act, hath been usally granted, when perhaps neither the Sheriff nor his Officer have been at the Houses of the Defendants to the great damage and dis­paragement of the said Defendant, by having his Goods Attached: Be it therefore Enacted, That henceforth, the Sheriff or his Officer, shall declare, upon one of their Oaths, that he hath been at the House of the Defendant, 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 Apprisement of Goods seized by Execution, That the Plaintiff and Defendant shall chuse each of them two indifferent men for that purpose; and in case of disagree­ment, the said four, or any three of them, shall chuse an Umpire; which Umpire so chosen shall be sworn by the next Commissioner to apprise such Goods indifferently, and his Umpirage to be final. And be it further Enacted, That if Plaintiff or Defendant shall neglect to appoint Apprizers 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, That before such Apprizement, 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 [Page 29] take them into his own possession; and, because there can be no Averment against a Record, It is further Enacted, That the Sheriff make return of the Execution to that Clerk of the County that grant­ed it by him to be entred upon Record, under the Order it was issued upon, that so the Satisfaction aswell as the Judgment may be authen­tiquely proved, if occasion require.

Whereas the Act for the Relief of poor Prisoners, hath, 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 have 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.

BE it Enacted, That neither Sheriff, Commissioner, Under-Sheriff, or Clerk of any Court within this Colony shall be permitted to plead as an Attorney in any 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 to the use of the County. Provided alwayes, 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 Counsellor, Commissioner, &c. so pleading the poor man's cause not to give Judgment there­in. Provided also, That any Commissioner-Sheriff, Under-Sheriff, or Clerk acting as General Attorney for any persons, absent out of the Countrey or County and Negotiating their affairs, and so lyable 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: Be it Enacted hence­forward. That the Sheriffs of the respective Counties, shall, upon the Receipt of the Writs cause Copies thereof, with the day ap­pointed for the Election endorsed, to be sent to the Minister or Reader of every Parish in their County, who is to read the same to the People two Sundayes 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. 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 publique.

LI. Publique Levies to be first paid.

BE it also Enacted, That no Sheriff shall, where he receives To­bacco of any person indebted for his Levyes, 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 others use; and force the Countrey-Creditour to accept of the distress, or stay for his debt. But that all debts due to the Publique be first paid, and the Tobacco in kind paid to the Creditour of the Pub­lique, 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 Publique, 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.

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 Tithables how to be taken.

WHereas the fraud of Sheriffs in bringing in the Lists of the Tithables, hath very much augmented the Taxes of the Countrey: Be it Enacted, That for the better discovery of the num­ber of Tithables, 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 Tithables, to be brought or sent in under the hand of the Master of every Family, of the names and number of Tithables, he hath in his Family; and if he bring in a false List, the said Ma­ster shall pay treble duties for every person so by him concealed. And be it further Enacted, That the said Commissioner give pub­lique notice, in Writing, to be read and set up at the dore of the Church or Chappel of Ease, of the Precincts he is to take accompt of, and of the day he will receive them. Provided, the day be before the Tenth of June at farthest; at which time every person neglecting to bring in his List, as aforesaid, shall be adjudged a Concealer, and pay accordingly; and every Commissioner failing in giving notice, neglecting to take the List, conniving at others con­cealment, or not giving a true List of his own Tithables, 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 Tithable.

WHereas several Disputes have been made of what persons were Tithable; It is hereby enacted and declared That all Male per­sons of what age soever, imported into this Country, shall be brought into the Lists, and be lyable to the payment of all Taxes. And all Negro's, Male or Female being imported, shall be accompted Tith­able. And all Indian-servants, Male or Female, however procured, being adjudged sixteen years of age, shall be likewise Tithable. 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 liable to the payment of Levies, untill they be sixteen years of age; or such others, as by particular Acts of Assemby are exempted.

LV. Counsellors and ten persons, to be exempted out of the Levy.

BE it Enacted, That each Councellour of State, for this Countrey, shall be freely exempted from all Publique Charges and Taxes, for themselves and ten of their Family; the Ministers and Church-duties excepted. And further, that all Ministers officiating in any Cure of this Country, shall, for their attendance on the General-Courts, and Assemblies, be exempted themselves, and six of their Family, from paying any Publique Taxes. And further, that all persons that came into this Countrey, at the last coming in of Sir Thomas Tates, shall have their own persons exempted from paying of any Publique Taxes, Church-duties excepted; and also from their personal service in the Warrs.

LVI. Artificers not planting Tobacco, freed from payment of the Levy.

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 Handi­crafts-man soever will imploy himself and Servants only about their Trades, and not plant any Tobacco at all; every such Artificer and [Page 33] Handicrafts-man so following his Trade, and not planting Tobacco, either by himself or servants, shall for his encouragement be ex­empted from paying any Levies, either for himself or servants, for the term of three years, except it be for the Ministers dues, and Church duties. Provided alwayes, that if any person claiming the be­nefit of this Act, shall directly or indirectly, at home or abroad, plant or tend, or cause to be planted or tended, any Tobacco, contrary to the intent of this Act; or hire out his servant or servants, to others to plant or tend Tobacco, he shall be censured to pay double Levies for himself and all his Tithables, to the use of the County.

LVII. Counsellours 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 Councel in September 1662. shall have power to raise and proportion a Levy, to defray the Country debts and Sa­laries, allowed by the Assembly; and such other Debts also as they shall find justly and necessarily due, according to the number of Tith­ables: Provided, the whole amount not to more then Twenty pounds of Tobacco per poll. 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 proportioned; Be it enacted fur­ther, That every Clerk of a County-Court, transmit the Certificate of the number of Tithables in his County, to the Secretaries Office, in every September-Court.

LVIII. No Arrests to be made on the Sabbath-dayes.

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 Publique meetings, on purpose to serve Warrants, and Executions, and other Writs; by which means, men in danger of Arrests have been deterred from the service of God and the King: Be it Enacted, That no Sheriff, nor his Officer, shall from henceforth execute any Writ or Warrant upon any per­son or persons either upon the Sabbath-day, or upon the day of Hu­miliation for the death of the late King of blessed memory, or upon [Page 34] the dayes appointed for thanksgiving for his Majestie's happy Inau­guration, and for the Deliverances of this Countrey from the two Bloudy Massacres, nor at the times of General Musters, or Election of Burgesses. Provided alwayes, 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 suspition 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 Cattel and Hogs, of several Inhabitants of this Countrey: It is therefore Enacted, for the encou­ragement of those that will make it their business to kill and destroy them, that they shall be paid by the County, in which they are kil­led; for every 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 Publique, 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 impowred, before the admission of any Sheriff into his Office, to take such security of him as they shall think fit and sufficient to save themselves harmeless, for the Receiving and Discharging all Publique Duties, whether Quit-Rents, Levies, or Officers Fees, committed to his charge of Collecti­on, and for the due performance of his Office. Provided, that no Commissioner shall be liable, but such as were of the Commission when the Defect was made.

LXI. Judgement before Commissioners.

BE it enacted, That the voluntary confession and acknowledgement of a Debt by the Debtor, under his Hand and Seal, before two Commissioners, of which one of the Quorum, shall be accounted in Law, in the Nature of a 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 Creditor's 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 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 License to depart. Provided alwayes, 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.

And be it further enacted, That if any Person or Persons shall be­fore, [Page 36] or after Certificate obtained as aforesaid, remove of transport any Cattel out of the County he dwelled in, without notice given to four of the nearest Inhabitants, (who are hereby required to take especial notice of the Ear-Mark and Colour of the Cattel 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, 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 of his County without Certificate as aforesaid; the said Merchant, Mariner, or other person, so offending, shall be lyable to the payment of all the Debts and Engagements of the Party transported, being due at the time of his Removal.

LXIII. English Weights and Measures.

WHereas daily Experience sheweth, that much fraud and de­ceit is practised in this Colony by false Weights and Mea­sures; for prevention thereof, Be it enacted, that no Inhabitant or Trader hither, shall buy, or sell, or otherwise make use of, in Tra­ding, any other Weights or Measures, then are used and made ac­cording to the Statute of [...] in that case pro­vided. And for discovery of Abuses, Be it further enacted, 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 or 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 tryed; and all Persons selling by other Weights or Measures not f [...]led, and tryed 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 the Commissioners shall make default of producing such Weights, Measures, Scales, and Sta [...], as by this Act they are enjoyned by [Page 37] 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 impowred to grant Probates of Wills, 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 Admi­nistration 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 other 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.

WHereas Commissioners 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 Partie's Decease: Be it therefore enacted, That no Administrati­tion be granted, until Nine Months after the Partie's Decease; ex­cept to the Widdow or Child, and then to be immediately granted, the said Widdow 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 ease the said Widdow or Child do administer, the Estate shall be inventoried, and apprizement made by four men appointed by the Court, and sworn by a Justice of that Court, as formerly; which Inventory and Apprizement shall by the said Widdow 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 following. But in case, the Decedent die without Widdow or Child, then it is enacted, That the estate for the better improvement thereof, be sold by the Court at an Outcry, [Page 38] and the Purchasers all putting 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, if he appears; or, if none prove him­self such within three years, then the Court to give an Accompt 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 Widdow 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 Widdow and Children (viz.) one full third of the personal Estate to the Wid­dow, and the other two Thirds among the Children: if any of which dye before it come to age, his proportion to be devided among the surviving Children.

And whereas, It hath been the frequent evil practice of Admi­nistrators, assoon as they have obtained an Order to Administer, to Act as Administrators by vertue of that Order, without giving secu­rity, or taking out their Commissions, so that, the Estate being im­bezelled away, no Accompt can be given thereof. Be it therefore Enacted, That who ever 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, by giving such security to be truly accomptable 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 dye before he hath given an Accompt of the Estate and obtained his Qui­etus. In which case, the Court is impowred to grant the Administrati­on of that Estate, so not accompted for to some other person, who may by vertue thereof call his Heirs, Executors, or Administrators of the former Administrators to Accompt, who shall pay out of the said deceased Admistrators Estate, all 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 [Page 39] undertake the managing of the Estate or Education of the Orphans, according to the Tenour 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;

First, That no Accompt be allowed for Dyet, Clothes, 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 Handi-craft 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, alwayes to be delivered to the Orphan at the years appointed by Law.

That all Cattel, Horses, and Sheep, be returned in kind by the Guardian according to Age and Number, when as he received them. 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 carelesness or wickedness of the Guardians was usually consumed before they came to age, and dis­putes thereupon arise in the several Courts, how such persons should be proceeded with, and Accompts 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 Accompt to the next Orphans Court succeeding the publication thereof.

That all Place and Money be preserved and delivered in kind, ac­cording to the weight and quantity; that other Houshold-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 Countrey. 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 enquire 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 Guardians. 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 then ten in the hundred, the usual allowance of Mer­chants to their Factors and Attorneys.

[Page 40]That Thirty pounds of Tobacco per day be allowed to each Appri­zet for Apprizement of any Estate (if they will take it) and no more.

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 al 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 Guards or Overseers of any Orphan do not lett, set, or Farm out any Land belonging to any Or­phan, for longer Tearm 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, and leave it Tenantable at his surren­der; and that Provision be made in the Lease for preventing all Wast 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 Governor and Council, or produce Certificates from the County-Courts, to the Secretarie's 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, That no Pattent of Land shall hereafter pass upon pretence that the Land is deserted for want of Planting within the time of three years, unless proof thereof be made before the Governor and Council, and an Order obtained from them for the Pattenting thereof; neither shall the first Petitioner for any deserted Land be denyed 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 another 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 aswell as the Land shall be forfeited, and the Grantee made incapable of using any of them afterwards. Provided, that any per­son having taken Upland, deserted before the making of this Act in November, 1652. shall not by vertue of this Act be outed of pos­session.

LXX. Seating upon others Dividents.

WHereas divers Suits have risen about Seating ignorantly upon other mens Lands; for desiding 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 Cleering, 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 then the said Owner is willing to disburse, then the said Twelve men shall make a valuation of what the Land was worth before the Seating thereof, which the Seater shall accordingly pay to the true Owner. Provided alwayes, That no consideration, shall be allowed for Building or Cleering, 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 & shooting of divers men upon their Neighbours Dividends, contrary to the Priviledges granted them by their Pattents, whereby many Injuries do dayly happen to the owners of the said Land; Be it Enacted, That if any Planter, or other, shall hunt or shoot within the limits of anothers 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 Publique 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 another 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; 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, send one to see what Cattel or Hogs he drives away. Provided alwayes, 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 dayly 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 Possessour of such Land Claimed or Possessed, to affirm, He hath had peaceable Possession, without Claim, by Commencement 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 [Page 43] this Act to extend to all such as have not prosecuted their Title with­in five years, since the 6 day of October, 1646. Alwayes provided, that the limitation of five years in this Act expressed, shall not bar Orphans, nor Widows under Covert, nor persons out of the Coun­trey, nor persons of unsound mind: But that the said Orphans shall have five years, after they be of Age; Women five years free from Coverture, (viz.) If she marry again before her five years are expi­red, and her husband omit to make Claim, his omission shall be a good bar against him; but if the Woman survive, she shall have so long time allowed her to Claim in, as will make up the first time of her freedom, Five years. Persons of unsound mind, five years after their recovery from their impotence. Persons out of the Coun­trey, five years after their Arrival in the Countrey: 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 Countrey, unseated and unpeopled; no man knowing how or of whom either to purchase or take Lease.

LXXIII. Against Fraudulent Conveyances.

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 Cattel, whereby his Creditours, 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 moneths after such Alienation. And whoever shall make over or alienate any part of his Estate, otherwise then is here expressed, the same shall not be accompted 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 Vendour. And it is further Enacted, That any Conveyance made, and acknowledged, and recorded, shall not be held good in Law, against any Creditours, or former Purchasers, until four moneths after such Acknowledgment made and recorded; in which time the Creditours, or former Purchasers, may shew for what cause the said Conveyance is to be accompted Fraudulent; but if none appear within the said four moneths, after the first Ac­knowledgment in Court, then the Sale shall be for ever after good, against all other Claimers or Pretenders whatsoever; unless such [Page 44] 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, shall make a Bill of Sale of their Estates, or any part thereof, and deliver it bona fide, into the possession of the Creditour; 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 Majesties hath by his Commissioners appointed a Treasurer to receive the Quit-Rents, and other 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 Majestie's Treasurer shall be ap­pointed; and that the Countrey paying the Rents double, the two next years shall be acquitted from all Arrears by Assent of the Ho­nourable Sir William Berkeley, 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 Tobacco, for measuring One hundred Acres of Land, if the parcel exceed Five hundred Acres; but if under, to be allowed One hundred pounds of Tobacco, and for the same shall deliver an exact Plot of each parcel Surveyed and Mea­sured: And if any Surveyor, upon reasonable demand, shall refuse to measure the Dividend for any person whatsoever, for the consi­deration and satisfaction aforesaid, such Surveyor shall be liable to the censure of the Court, in that County where he liveth. And if any Surveyor shall be desired to go further, from his place of Resi­dence, than he can return in one day, such Surveyor shall have the allowance of Thirty pounds of Tobacco per day, for every dayes ab­sence from his dwelling; and if his passage cannot be but by Wa­ter, then such persons as shall imploy him, shall provide for his transport out and home. Provided, no pay to be received before the Plot delivered.

LXXVI. Land to be plainly Marked and Bounded.

WHereas many Contentious Suites do arise about Titles to Land, occasioned much through the Fraudulent and under­hand-dealing of Surveyors, who frequently make sales of the Surveyes by them made in the behalf of one person, to another; whereby, often­times, 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, That no Surveyor of Land, shall give a Plot of any Land Surveyed by him, unto any other person whatsoever, untill six moneths 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 anothers Right. And the persons offending, either in giving out of Surveyes, 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 Countrey.

LXXVII. What Fences shall be sufficient.

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 Dammage soever he shall re­ceive or sustain by Hogs, Goats, or Cattel, shall be his own loss and detriment. And also, if it shall happen, that any person shall hunt any of the said Horses, Mares, Hogs, Goats, or Cattel, that shall so offend and do them harm, he shall make satisfaction for any of them that shall be so hurt, to the owners of them, to be recovered in any Court of Justice within the Colony. And it is further Enacted, That where any Horses, Mares, Cattel, or Hogs, shall endamage any person for want of such Fence, as aforesaid, and the party damni­fied, do wilfully kill, or otherwise hurt, so as the Cattel, 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 Cattel; but, by vertue of this Act, be adjudged to satisfie double the value of such Horses, Mares, Hogs, or Cattel so killed, to the owners of them. [Page 46] 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 Dammage or Trespass be then done or com­mitted to any person, having such Fences, by either. Horses, Mares, Goats, or any other Cattel whatsoever, the owners of such Horses, Mares, &c. shall be liable to make satisfaction for their Trespass and Dammage, to the person injured, 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 Neighbourhood.

WHereas many contentious Suits are dayly incited and stirred up about the Bounds of Land, for which no Remedy yet hath been provided, the 57^d. Act prohibiting Re-surveyes, 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 Neighbourhood, and deprives many per­sons of Houses, Orchards, and all to their infinite losse and trouble. For prevention whereof, Be it Enacted, That within twelve moneths 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 Surveyes, 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, that the Bounds, by the consent of the present Proprietors, being once thus setled, shall conclude the said Proprietours, and all others Claiming from or under any of them, from any future Altera­tions of their Bounds; be there, within the said Bounds, more or lesse Lands then they pretend to. And if it shall happen any difference to be at present, that cannot be by the Neighbours themselves decided: Be it further Enacted, that two honest and able Surveyors shall, in presence of the Neighbourhood, lay out the Land in controversie, and the Bounds laid out to be the certain Bounds, and ever after to be renewed and continue so; (but the person causing tho difference, to pay the charge of the [Page 47] 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 Surveyes, and while Land is yet at a low value, then it will be when time hath rased out all knowledge to the Bounds, and added a great value to the Land.

Be it Enacted further, That each County-Count shall appoint and order the Vestries of each Parish, to divide the Parishes into so ma­ny Precincts, as they shall think necessary, for the Neighbours to joyn in, and see each others Marks renewed; and to appoint certain dayes, between Easter and Whitsontide, to go the said Processions, and put this Act into effectual Execution. And in case the Court shall omit to make such Orders, and to send the same to the several Ve­steries of the Parishes in their Counties, they shall be fined Ten Thousand pounds of Tobacco: And the Vesteries failing to order the Precincts and the persons to go together, shall be fined Twelve hundred pounds of Tobacco: And the person failing to go upon the day appointed, or to renew his Marks accordingly, shall, for his neg­lect, be fined Three hundred and fifty pounds of Tobacco.

LXXIX. Surveyors for High-wayes.

WHereas through the frequent Alterations of the High-wayes, by falling of Trees over them, and many times taking them in­to Fenced Plantations, to the great hinderance of Travellers and Tra­ders; Be it therefore Enacted, That the Justices do yearly, in October-Court, appoint Surveyors of the High-wayes, who shall first lay out the most convenient wayes to the Church, to the Court, to James-Town, and from County to County; and make the said wayes forty foot broad, and make Bridges where there is occasion, And the Wayes being thus laid out, and Bridges made, they shall cause the said Wayes to be kept cleer from Logs, and the 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 impowred, to order the Parishioners, every one according to the number of Tithables he hath in his Family, to send men, upon the dayes by the Surveyors appointed, to help them in Clearing the Wayes, and Making or Reparing 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 according to the said Vestries order; the said Court, Surveyor, Vestry, or [Page 48] Person, shall be Amerced Five hundred pounds of Tobacco, to the use of the County. And if any person shall, contrary to this Act, fall Trees upon the High-wayes, and not clear the same; or inclose any part of the said High-wayes 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 pounds of Tobacco, to the use of the County: And if any Counties have Creek or Swamp, limitting 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 dammage 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, shall not sue or im­plead any person or persons indebted to him or them for present payment; but it shall be lawful for any person, 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 alwayes, 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 Receipts, the said Bills, Bonds, Judgments, and other Writings, remaining still in the hands of the said Creditor: and the Receipt being oftentimes lost, the Debtor, and especially the Executors, and [Page 49] Administrators of a person Deceased, not being able to prove pay­ment; those Debts are frequently demanded, and unjustly reco­vered, which before had been justly paid and discharged: For re­medy whereof, Be it Enacted, That no Bills or Bonds be of force, or recoverable, five years after the date of the said Bills or Bonds; nor any Bills or Bonds heretofore made, 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 Countrey, and leave no Attorney to Answer for him, or any other way conceal, or privily remove himself, into any part of the Countrey, and by that means render the renewing of the Bill impossible, such time of his absence or concealment shall not be accompted any part of the five or seven years limited.

LXXXII. Atturnies for Business out of England.

WHereas many persons in this Countrey, entertain, as Attur­nies, many troublesome Businesses out of England, and other places, where 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, That no Atturney, by any power out of England, or else where, shall sue or implead, any person of this Colony, without giving first good Security that he the said Atturney shall pay all such Costs and Dammages as the Court shall award against him, where the Law shall find that he the said Atturney hath by that power unjustly molested the Defendant.

LXXXIII. Burgesses.

WHereas no provision hath been made for the certain Con­veyance of Publique Writs for the Election of Burgesses, whereby, the delivering the said Writs being Retarded, the Sheriff hath no time to give notice to the people, according to Law, nor make a timely Return of the Writs, nor can the Burgesses appear at the day: For remedy whereof, Be it Enacted by this present Grand Assembly, That the Secretary provide for the timely convey­ance of the Writs into every County, to be delivered to the Sheriff [Page 50] 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: Alwayes provided, he have the Writs signed forty dayes before the day of the Return.

LXXXIV. Burgesses Ascertained.

WHereas the charge of Assemblies is much augmented, by the great number of Burgesses unnecessarily chosen by several Parishes: Be it Enacted, 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 alwayes, that James-City, being the Metropolis of the Countrey, shall have the priviledge to elect a Burgesse for themselves. And every County that will lay out One hundred Acres of Land, and people it with One hundred Tithable 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 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 Maintenance of every Burgesse shall be One hundred and fifty pounds of Tobacco and Cask per day, besides the necessary charge of going to the Assembly and returning.

LXXXVI. Burgesses to appear upon the day.

WHereas many inconveniences happen by the not appearing of Burgesses upon the precise day of the Return of the Writ, [Page 51] 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 Publique Affairs; which by this means are retarded, and the Charges of those Counties, whose Bur­gesses first appeared, increased: Be it therefore Enacted, That what Burgesse 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 day's absence, 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 Publique Business, Be it Enacted, That none of the Burgesses of any Assembly, not any of their Attendants, shall be Arrested, from the time of their Election, untill ten dayes after the Dissolution of the Assembly, wherein he serves as a Burgesse. Provided, that if the Assembly be Adjourn'd for above a moneth, the several Burgesses shall ten dayes 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 dayes before the next Session of that Assembly, and continue so untill ten dayes after it, at which time the priviledge of Burgesse shall cease and determine.

LXXXVIII. No Order to contradict an Act.

BE it Enacted and Confirmed, That no Act of Court, or Pro­clamation, shall, upon any pretence whatsoever, enjoyn obedi­ence thereunto, contrary to any Act of 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 Countrey; 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 levyed upon the several Offenders, for the use of those Counties wherein they ac­crewed 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, & to enquire into the remisness 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 vigor, and Offenders be deterred from neglect or con­tempt, when they shall find, a severe accompt of their Observation is so diligently enquired into.

XC. Publique Letters, how to be Conveyed.

WHereas the remoteness of divers places in the Countrey from James-City, and the necessity of communicating divers busi­nesses to the utmost limits of it, would, if Messengers were pressed purposely, put the Countrey to an Annual great Expence: For pre­vention thereof, Be it enacted, That all Letters superscribed for the use of his Majesty, or the Publique, 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, 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 Co­lonel, Lieutenant Colonel, or Major of a Regiment: And where any person in the Family the said Letters come to, can write, such person is required to endorse the day and hour he received them, that the neglect or contempt of any person stopping them may be the better known, and be punished accordingly.

XCI. Divulgers of false News.

WHereas many idle and busi-headed People do forge and di­vulge false rumors and reports to the great disturbance of the peace of His Royal Majestie's Leige-People in this Colo­ny: Be it enacted, That what Person or Persons soever shall forge or di­vulge any such false Reports, tending to the trouble of the Country, he shall be by the next Justice of Peace sent for, and bound over to the next County-Court; where, if he produce not his Author, he shall be fined Two thousand pounds 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 malitiously publish, or in­vent it.

XCII. Chirurgions Accounts regulated.

WHereas the excessive and immoderate prices exacted by di­vers avaritious and griping Practitioners 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, then put themselves to the certain Charge of a rigorous, though unskilful Physician, whose demands for the most part exceed the Purchase of the Patient; many other poor people also being forced to give themselves over to a lingering Disease, rather then ruine 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 Chirurgion unreasonable, to arrest the said Physician or Chirurgion to the General or County-Court; where the Physician or Chirurgion shall declare upon his Oath the true va­lue, cost, and quantity of the Drugs administred; for which, the Court shall grant order against the Plaintiff with fifty per cent. ad­vance, and such consideration for his eare, visits, and attendance, as they shall judge he hath deserved; and if it shall appear by Evi­dence, that the said Physician or Chirurgion 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. Chirurgions 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 Chirurgions, who cannot, possibly, take Bill. Be it therefore en­acted, That Physicians and Chirurgions 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 have either Bill, Bond, or Account of the Plaintiff's, wherein he proves the Plaintiff Debtor, such Debt of the Plaintiff shall be discounted out of the Debt he claimeth of the Defendant; and judgment shall be given for no more than the ballance of the Debt will amount to, Consideration being alwayes 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 Plain­tiff's, from other men, which he perhaps can discount with those to whom he passed such Specialty or Account: It is therefore enacted, That no Bill or Account being assigned over, shall by the Assignee be pleadable against the Debtor in such Bill or Account, unless the Assignee can prove, that he gave the Debtor notice before his Ac­ceptance of the Assignment, and that the Debtor at that time pre­tended to no discount against it.

XCV. Accounts against dead 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 [Page 55] and ruine; 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 Chirurgions Accounts, are pleadable; neither shall any man be put to his Oath upon at Or­dinary-Keeper's Account; but the said Ordinary-Keeper's 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; 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 Account due to the Estate of the Person Deceased; Be it therefore enacted, 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-Keeper's, 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 [Page 56] 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, Ouarts, Pottles or Gallons; and that every one, that now doth, 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 alwayes, 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, That no Per­son or Persons whatsoever, shall in their Houses retail any Drink, but such, as shall obtain a Licence from the Commissioners of the County, where he lives, signed by the first in Commission of that Court, by giving Bond, according to the Laws of England; and further obliging himself to sell at the Rates, set by the Commissio­ners; and to pay annually, to the Governour, Three hundred and fifty pounds of Tobacco and Cask, for his Licence.

XCVIII. Servants, how long to serve.

WHereas the Thirteenth Act, 1659. doth enact That all Per­sons, brought as Servants into this Country, of what Christi­an Nation soever they be, should serve no longer than our own Na­tion, which is five years, 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 Thirteenth Act doth, contrary to Law, look backward, and set free several Servants, Aliens purchased, upon a former Act of Assembly, made the Fourth of [...] 1654. Be it therefore enacted, That all Aliens, and Others coming in, while that Act, and the others are in force, shall serve according to those Acts; and that for the future, all the aforesaid Acts shall be repealed: and all Servants hereafter coming in without Indenture, shall serve Five Years, if above Sixteen Years of Age; and all under that Age, shall serve until they be Four and Twenty Years old, that being the time limited by the Laws of England; and that the several Courts, at the request of the Master, make inspection, and judge of their Age.

XCIX. Against Secret Marriage.

WHereas much loss and detriment doth arise to divers Ma­sters of Families, by the secret Marriage of Servants, the said Servants through that occasion neglecting their works, and often purloining their Master's Goods and Provisions. Be it there­fore Enacted, That no Minister either publish the Banes, or Cele­brate the Contract of Marriage between any Servants, unless he have from both their Masters a Certificate, that it is done with their con­sent; 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 marryed 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 marryed, 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 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 Master of such Servant 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; and if the Master shall refuse to pay the Fine, then the Servant to be whipped: And if it happen a Bastard Child to 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 [Page 58] the fine or punishment for committing the offence, and the reputed Father to put in security to keep the Child, and save the Pa­rish harmless.

CI. Hired Servants.

WHereas divers persons, that by Indenture, Custom, or Af­ter-Contracts for Wages, being Servants to several men, do many times run away to Plantations fa [...]r 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 Runawayes; Be it En­acted, That all Servants at the Expiration of their time, shall with their Master, or a sufficient Testimonial from him, 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 tearms 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. Provided, That if such Run-away Servant 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 the 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 Countrey, shall by any Contract agree with one person, and, before the time agreed for be accomplished, shall depart to another, he shall first perform the Tenor of his Contract first made, and pay the apparent damages, that shall arise by his breach of Covenant, and shall, after that satisfied, be lyable to the payment of what dam­ages any other Contractor with him shall recover of him by Law. And in regard the Certificates of Freedoms may be worn out, and lost, and by those means now ones be required: It is further Enacted, That every Clerk upon such pretence, granting a new certificate shall [Page 59] mention in that the loss of the first, and that for that cause this second was issued.

CII. Run-awayes.

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-awayes, that shall absent themselves from their said Masters Service, shall be lyable 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 Cropp, and the charge of recovering them extraordinary, the Court shall adjudge 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, That the Master of any Run-away that intends to take the benefit of this Act, shall assoon 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 Negro's, who are incapable of making satisfaction by addi­tion of time: It is Enacted, That the English, so running away in the company with them, shall at any time of service to their own Masters expired serve the Masters of the said Negro's 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 Negro's be lost or dye 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 supplyes of particular men, and the well seating of his Majesty's Countrey 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, or else for want of Diet or convenienient 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 Servant's cause of com­plaint is just, the said Commissioner is hereby required to give Or­der for the warning of such Master to the next County-Court, where the matter in difference shall be determined, and the Servant have remedy for his grievance.

CIV. Against unruly Servants.

WHereas the audacious unruliness of many stubborn and in­corrigible Servants, resisting their Masters and Over-seers, hath brought many mischiefs and losses to divers Inhabitants of this Countrey: Be it Enacted and Ordained, That the Servant that shall lay violent hands on his or her Master, Mistriss, or Over-feer, 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 Mistris, or their Assignes, 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 adjuged to serve the Countrey as Colony-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 encouraged to steal, purloin, and imbezel their Master's goods: Be it therefore Enacted, 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 Servant's Master; he or they so offending against the premises, shall suffer one Moneths Imprison­ment, without bail or main-prize; 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 wayes be effected, but by lessening the quantity, and amending the quality; and further, that all stints will prove cleerly inconsistent with the Beeing of the Countrey, while Mary-land re­mains a distinct Government; unless of such a nature as may pro­duce both the aforesaid effects, without abridgment 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; and that whosoever shall directly, or indirectly plant or replant, or cause to be planted or replanted, any Tobacco after the said Tenth of July, shall forfeit Ten thousand pounds of Tobacco, to the use of the Publique.

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 Publique.

[Page 62]Be it further 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, Five thousand pounds of Tobacco, to the use of the Publique. 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. Improvement of Staple-Commodities.

WHereas the uncertain value of Tobacco, the Unstapleness of the Commodity, and the probability of its Planting in other places, threaten this Countrey with the danger of an unavoydable Ruine, 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 Countrey, 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 Countrey 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, who ever 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, and delivered 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 Countrey stock, by that means made good according to the Fifth Act of the Assembly, 1661. to make their proportions of Flax; and who ever will Spin the Flax, and cause the Yarn 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 Countrey, 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 a Certificate from some Justice of Peace in the County, that he hath seen the same in the Loam, and that to his knowledg it was really made in the Countrey, as aforesaid, [Page 63] shall upon producing the same to the Governour and Council, be paid so much in the Publique Levy in the same County where they dwell.

CIX. Act for Mulbery-trees.

WHereas by experience, Silk will be the most profitable Com­modity for the Countrey, if well managed; and whereas the greatest conducement thereunto required, is provision of Mulbery-trees: Be it Enacted and Confirmed, by this present Grand Assem­bly. That every Proprietor of Land, within the Colony of Virginia, shall for every Hundred Acres of Land, holden in Fee, plant upon the said Land Ten Mulbery-trees as twelve foot distance each from other, and secure them by weeding, and a sufficient Fence from Cattel 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. he the said Proprietour that shall be so Delinquent, shall pay Twen­ty pound of Tobacco to the Publique. Provided, that this Act do not extend to Orphans, until the expiration of Five years after their full age; and then, if Delinquent, to be liable, as aforesaid. And no man planting more then his number, shall excuse any that hath plan­ted lesse. Provided also, that this Act extend not to such Proprie­tours as are not in Actual possession. And because his Majesty hath taken particular notice of the great folly and negligence of the Countrey in omitting the Propagation of so Noble and Staple a Commodity, It is Enacted, That the Grand Jury do strictly en­quire into the breach of this Act, and make Presentment thereof, that the Offenders may accordingly be punished. And be it further Enacted, That for the encouragement of all persons that shall en­deavour to make Silk, there shall be allowed, in the Publique Levy, to any one, for every pound of wound Silk he shall make, Fifty pounds of Tobacco to be raised in the Publique Levy, and paid in the County or Counties where they dwell that make it.

CX. Encouragement to build Vessels.

FOR encouragement of building Vessels in this Countrey, and the promoting of Trade; Be it Enacted, That whoever shall build a Vessel of any Burthen, decked and fitted to go to Sea, shall [Page 64] for every Tun-burthen the said Vessel shall contain, receive, upon proof of her being so built, Fifty pounds of Tobacco, out of the Publique Levy.

Whereas Colonel Edmund Scarbrough hath, to his particular great Charge, but to the infinite good of the Countrey, erected a Salt-work, for which he hath received deserved thanks, the last Assembly; this Assembly, for his greater encouragement, hath thought fit to grant him the use of the Money raised this year out of the two shillings per hundred (in Northampton-County) with condition that he make re-payment of the same, to those the Assembly shall allot it, the next year, in Salt at two shillings six pence 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 County 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 Countrey.

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, Curtiers, and Shoomakers, to Tan, Curry, and make the Hides of the Country into Leather and Shooes, and that the persons intrusted with the oversight of the Workmen, and the managing the Trade, do allow to the Inhabitants of the County, for every dry hide they bring, at the rate of Two pounds of Tobacco per pound, and sell their Shoos for Thirty pounds of Tobacco for plain shoos; and Thirty five pounds of Tobacco for Wodden-heels, and French-fals of the fix largest sizes; and Twenty pounds of Tobacco a pair for the smallest shooes.

CXII. Two Acres of Corn for each Tithable.

BE it hereby Enacted, That all persons within this Colony, shall plant or tend, for every Tithable 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 aforesaid; [Page 65] 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 Countrey, It is further Enacted, That the sowing of one Acre of Wheat, shall excuse the planting o 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 dammage 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, Cattel, or Boats, shall cause the said Horses and Cattel with the mark, stature, and colour, and the said Boat with her pro­portion, and what was found in her, to be cryed publickly in all the Churches and Chappels in the County, within one moneth after the taking them up; and in the mean time, securely to lay up the said Boat; and if no owner appear, upon this publique 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, untill the owner do appear, 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 Countrey, to buy and sell at their best advantage; and that all Acts concerning Ingrossing, be, from henceforth, repea­led and made void. Provide alwayes, 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 Common­wealth, and good of this Colony: Be it therefore Enacted, by the authority of this present Grand Assembly, that what person or per­sons soever, shall Export out of this Countrey, either Wooll, Hides, or Iron, shall, for 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 and 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 Publique.

CXVI. Exportation of Money.

BE it hereby Enacted, by this Grand Assembly, that no false Mony shall pass for currant in this Countrey; but pieces of Eight, that are good and of silver, shall pass for Five shillings currant Mony, upon penalty of twenty shillings to be paid by the refusers of them. And that none shall Export Mony 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 (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 Mistris that imployes him) Three thou­sand pounds of Tobacco, the one half to the Informer, the other half to the County where the Cask is made; and if 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 damage by private and concealed taking away of Boats and Canoes, without licence from the owners thereof: It is enacted and confirmed, by the Authority aforesaid, That the Commissioners of each County-Court, shall be here­by impowred (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 susteins.

CXIX. Against Shooting.

WHereas it is much to be doubted, the Common-Enemy, the Indians, if opportunity serve, will suddenly Invade this Coun­trey, and bring it to a total Subjection of the same: And whereas the only means for the 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, 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 Publique, 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, (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 inquiry 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 sixt part thereof for Toll: which Act hath not taken such effect as was intended thereby; in respect, us is conceived, neither penalty was imposed thereon upon the Offender, 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, or owners of Mils, to provide by the five and twentieth day of June next come twelve Moneth, Stilliards, or statute-weights and scales, by which they are to receive in, and deliver out all Grain: and that they do sufficiently grinde & exchange the said Grain, so brought, upon the penalty (in case they do exact, beyond the said proporti­on, for grinding or exchanging, or in case of default of such Weights or Scales, 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 Clothing, 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 Colony, any English Goods (not by him formerly exported) shall, upon discovery, forfeit such Goods, and be fined the value; the one half to the Informer, and the other to the Publique.

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 Offender, and by him paid; one half to the Informer, and the other to half the Publique.

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. (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 peny; before they shall be permitted to sell or dispose of any part thereof.

CXXV. Against stealing of Hogs.

WHereas the stealing and killing of Hogs, is a crime usually Committed, and seldom or never Detected or Prosecuted, in this Colony▪ Be it therefore Enacted, for the better prevention thereof, That whosoever shall steal, or unlawfully kill, any Hog 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 Hog, 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 Hog, and the other to the Informer. And if any person be found to bring home [Page 70] 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 Moneths Provision.

BE it Enacted, 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 Dyet 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 lyable to grievous censure here; according to the merit of the offence.

CXXVII. Concerning Passes.

BE it also Enacted & Confirmed, That no Master of any Ship, Ves­sel, Boat, or Barque, shall Transport any person or persons out of this Colony, except the said person or persons produce a Pass under the hand of the Secretary or such whom he shall depute or appoint, upon the penalty to pay all such debts as any such person shal stand in debted to any person within this Colony at his or their departure, and pay a Thousand Pounds of Tobacco to the Secretary, for his contempt. And it is further Enacted, That before any such Pass shall be signed, to any person, he or they shall bring a Certificate from the Monethly Court, where he or they reside, 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 the Countrey, or his Name to be published, and set up at the Church-dore two Sundayes 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. Imposition of two Shillings per Hogs-head.

THis present Grand Assembly of Virginia, taking into serious Consideration, the burthensom and unequal way of laying Tax­es by the Pole, and how they may with most honor, and ease, support the Government in well paying his Majesties Officers; and as means perhaps of introducing money, and an Encouragement to men to to produce other useful and beneficial commodities; have thought fit to impose two shillings per Hogshead, 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 by 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 im­powred to receive the said Imposition from every Ship or Vessel, en­ter into security to pay such Collector or Collectors two shillings for every Hogshead of Tobacco, that shall upon any Accompt 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 fraughters to be accomptable to the said Masters for the Tobacco by them shipped.

Be it also Ordained and Enacted by the Authority aforesaid, for the Discovery of the Number of Hogsheads each Ship, or Vessel con­tains, that the Master of such Ship or Vessel shall deliver his Boat-Swains Book to the perusal of the Collector; And make Oath of the truth of the same so farr as he knoweth. And, that the Mate's Boat-Swain or any other Sea-man be sworn, if the Collectors see cause, to discover the truth of the said fraught.

And if any Master of Ship, or Vessel, shall wittingly, or willingly conceal, any part of his fraught from the Collector 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 Publique) and be recovered by Action of Debt, Bill, or Plaint, in General-Court, or County-Court, by vertue of this Act, against which no Essoyn, 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 [Page 72] 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 hereby reposed in them, and to be accomptable to the next Assem­bly, according to the tenor of this Act. And the said Collectors to be allowed ten per cent. Salary, for collecting the said Imposition. Provided alwayes, 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 Northumherland, and Westmerland-Counties, to give an Accompt how many Hogsheads of Tobacco they made, and to whom sold.

WHereas the Imposition of Two shillings per Hogshead can­not conveniently be levyed upon Masters of Ships, that come into Potomake River, by reason of their Anchoring in the Dominions of the Lord Baltemore, whence they send their Sloopes and Boats to fetch the Tobacco made in this Countrey, without pay­ing the said Imposition: Be it therefore Enacted, That every Plant­er inhabiting in the Counties of Northumberland, and Westmerland, shall certifie into the Collector's Office, or unto his Deputies, 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 carryed 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 carryed aboard any Ship, Boat or Sloop, without such Certificate, then the said Planter to be fined Twenty shillings for every Hogshead so carryed away without Certificate as aforesaid.

Whereas the like inconveniencies are incident to Northampton-County, and lower Norfolk, in recovering the Impositions of Two and Ten shillings per Hogshead, as to the River of Potomake, by rea­son of the Transportation of much of the Tobacco made in those places in Sloops to Mary-land. Be it Enacted, That the Provinsional Act made the last Assembly, for payment of those duties in Potomake-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 Accomake, &c.

WHereas there is an Act of the last Assembly providing for the securing of the payment of the Two shillings per Hogshead due to the Countrey, but no Provision made therein for the securing the payment of Fort-Duties of Fotomake, Accomake, and Lyn-haven, from whence they fetch their Tobacco in Sloopes: 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 Two shillings per Hogshead.

CXXXI. Ten Shillings per Hogshead.

WHereas the prudence of all Nations hath provided for the defraying the Publique necessary charges of the Countrey, rather by laying an Imposition upon the Adventurers for the Staple-Commodities of the Country, by the Exportation of which the great advantage accrews, than 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 accrews to other Countreys by the Customs a­rising from our Commodity Tobacco; and that Virginia, whose parti­lar Staple it is, hath from it, nor from the Adventurers hither, no Pub­lique Advantage: We have thought it necessary and convenient, and accordingly have Enacted and confirmed, that all Masters, Mar­chants of Ships and Marriners trading to Virginia, and not bound by Charter-Party to return and discharge in any of the English Domini­ons in Europe, shall pay for every Hogshead of Tobacco, they shall load aboard any Ship, Barque, or other Vessel arriving here, after the first of August next, and not bound as aforesaid, ten shillings ster­ling, either in Money, or good Bills of Exchange, with good caution, or in good valuable Commodities at Twenty five per cent. advance. Provided alwayes, 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, the Encouragements of the Inhabitants to purchase Vessels, and of Marriners to make this their place of Residence.

CXXXII. Castle-Duties to be paid.

WHereas the Castle-Duties granted by his Majesty to Colonel Francis Morrison, Captain of the Fort at Point-Comfort are 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 reffuse of their Cargoe; Be it therefore Enacted, That all Masters of Ships, and other Vessels, being thereunto required by the Officer ap­pointed by the said Colonel Morison, shall give in a true bur­then of their Ships, or Vessels: and the lists of their Passengers; at such convenient places, and to such persons as the said Co­lonel Morrison, shall in each River appoint, upon Oath to be 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 of Boats. And what Master soever shall not pay his Duties in kind, being half a pound of Powder, and three pounds of leaden shot, per Tun, and six pence per Poll for every person imported, not being a Marriner, that then he shall pay in lieu thereof one shil­ling per Tun, and six pence per Poll either in Money or Goods, as they cost at the first penny. And that the Collectors thereof transmit the said Entries of Ships and Passengers under the hand of the said Masters to the said Colonel Morrison to be by him Re­corded in his Fort-Book, as formerly hath been accustomed.

CXXXIII. Ships to come up to James-City.

WHereas the 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 [Page 75] Rivers cannot without much prejudice to the said Masters extend to all parties of the Countrey; yet that his Majesties commands may as much as in us lyeth be effectually obeyed; We the Governour, Councel, and Burgesses of this Grand Assembly, have thought fit to Enact, And be it Enacted by the Authority aforesaid, That all Ships whatsoever ariving in James-River, 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. Priviledg of Virginia-Owners.

WHereas some doubts have arisen about the priviledge of Vir­ginia-owners, and their Exemption from the payment of the Duties of two and ten shillings per Hogshead: Be it Enacted and Declared, That the said Priviledge is granted only to the Owners and Adventurers in such Vessels as solely and wholly belong to the Inhabitants of this Countrey; and not to such persons as are on­ly Partners of Vessels whose othet partners dwell in other Countries, and the Governor be Judge of such Proprieties, and certifie the same to the Collectors.

CXXXV. A Publike Notary appointed.

WHereas for want of a Publique Notary the Certificates and other Instruments to be sent out of this Countrey have not that credit given them in forreign parts as duly they ought: Be it therefore Enacted, that Henry Randolph Clerk of the Assembly, be authorized and sworn a Publique 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 Cattel and Hogs of the English; and by that means Injuries being done on both sides, Reports and Ru­mours are spread of the Hostile Intentions of each to others, tend­ing infinitely to the disturbance of the Peace of His Majestie's Coun­try: And whereas the Laws prohibiting the Purchase of any Indi­an's Lands (unless acknowledged at General Courts or Assemblies; by reason it is as easie to affright them to a publick, as well as a pri­vate acknowledgement) are made fruitless, and ineffectuall; 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 Country into an inevitable and destructive Warr. 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 Majestie's Country, have enacted, ordained, and confirmed, and do by these Presents, enact, ordain, and confirm, That, for the future,

No Indian King, or Other, shall upon any pretence, ali­en, or sell; nor no English, for any cause or consideration whatsoever, purchase or buy any Trace or Parcel of Land now justly claimed, or actually possessed, by any Indian or In­dians whatsoever: All such bargains and sales hereafter made, or pretended to be made, being hereby declared to be invalid, void, and null; any Acknowledgement, Surrender, Law or Custom former­ly used to the contrary notwithstanding. And further, That the In­dian's 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, or do hurt or injury to their Per­sons, shall make such satisfaction, and suffer such Punishments, as the Laws of England, or this Country, do inflict, if the same had been done to an English man.

And be it further enacted, That what Englishman hath already contrary to the Laws formerly in force, for surrendring and acknow­ledging Indian's Lands, made Incroachments, or seated upon them, shall, if they make not good proof of their Title, upon Complaint made, be, by Order directed to the Sheriff to execute, removed [Page 77] 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 Quarter-Courts or Assemblies, 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 Englishmens Hogs and Cattel, shall send such Number of hands, as they shall be appointed by Commissioners, to be authorized by the Governour, 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 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 Conveniencies 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, upon Address made to two of the Justices of that County, they desiring to oyster or gather Wild-Fruits in, as aforesaid, they the said Justices shall grant a Licence to the said Indians, to oyster, or gather Wild-Fruits, as aforesaid: Pro­vided, the said Justices limit the time the Indians are to stay; and the Indians bring not with them any Guns, or Ammunitions, or other offensive Weapons, but only such Tools or Implements, as serve for the end of their coming. And if any Englishman shall presume to take from the Indians so coming in, any of their Goods, or shall kill, wound, or main any Indian, he shall suffer, as if he had done the same to an Englishman, and be fined for his Contempt.

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 trucked 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.

And because sometimes Differences may arise between the Indi­ans, and those they trade with, which if we should proceed by way of Arrest, might tend much to the Disturbance of the peace of the Country: Be it therefore enacted, That any Commissionated Trader, having a difference with any Indian King, or Other, shall repair to to the Governour for him, or such other as he shall appoint, to de­termine the matter in controversie between them.

[Page 78]And because the Imprisonment of an Indian, may bring a War upon the Country; and consequently, the making of Peace and War, being wrested out of those hands, it is, by his Majestie's Com­mission, intrusted into the power of every Individual in the Coun­try: Be it therefore enacted, That no Person of what quality soever, presume to Imprison any Indian King, without a special Warant from the Governour, and two of the Council, as they will answer the contrary at their utmost 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 uninterested Persons, Com­missioners, 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 intercourse be admttied: Be it therefore enacted, for 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 graved upon them) be given to all adjacent Kings, with­in our Protection. And that all the said Kings give it in Charge to their people, that none of them presume, upon what occasion so­ever, to come within the English bounds, without those Badges up­on them, or one with a badge in their Company; and if any Da­mage or Injury be done to any Englishman, 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 an such badge, or not accompanied with one that shall have them; that then it shall be lawful for any Englishman, 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, ransome them by paying one hundred Arms length of Roranoke, for each Indian so taken, to be disposed of by the Publick: Provided alwayes, That if an Englishman shall be found, or proved, to have taken away any of their Badges, [Page 79] 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, lye six Months in Prison without Bail or Main-prize.

And be it further Enacted, That all Indian Kings, Tributary to the English, when they have the least notice of an March by any strange Indians, neer 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 Colonel of the Militia, to that purpose; which by this Our As­sistance and Reciprocal care will make them and us have an equal Interest in others preservation; while on the other side, we being ignorant of the Marches of Forreiners, impute all Damages, we then receive, which is then commonly most to our Neighbours, how Innocent soever.

And be it further enacted, That if any Indian by the Inveighling of any English, or of his own will, shall without leave of the King, or Great-man of the place, come within the Bounds limited them, and there procure harbour or entertainment, it shall be lawful for any Englishman, to take the said Indian, and convey him to his Town to be punished; and to recover of the Englishman, that har­boured or entertained him, so much per day, as by the Law for en­tertaining other Run-awayes, is recoverable.

And be it further enacted, That what Englishman, 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, then English of the like ages, should serve by Act of Assem­bly.

And because heretofore many entertained Indians by Licenses of particular Persons, 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 License 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. 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 Collectors, shall not be lyable for the Account of any Person re­moving out of the County, before the laying the levy, unless they receive the Levies, or Sheriff's Fees: And then to be accountable for the Clerk's Fees also: Provided also, That the Clerks deliver, or send their Accounts attested under their hands, to the said Sheriff or Collectors, within four dayes after, laying the Levy in their several Counties.

CXXXVIII. Interpreters made for the Country.

WHereas Colonel 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 to the said Colonel John Flood, shall be received in the place of his Father; and that Henry Newcombe be likewise made Interpreter for the Norwood.

This is a true Copy of the Acts of Assembly now in force, and agreeth with the Original in the Records.