|Pages 137-153||Pages 178-209|
HOLDEN AT JAMES CITTY THE 21ST OF ffEBRUARY,
|The MS. from which the acts of this session were printed, is now in the library of Congress at Washington.|
|* The peculiarities in the hand-writing of the acts of this session, are such as have already noticed in the act of the preceding session.|
|The names of the Burgesses were, viz:|
|The oathes of supremacy and allegiance were in the first place administered to the Governor and Councell and to all the above named burgesses in like manner.|
|In the afternoone.|
|The Commission from his majestie nowe in force was read before the whole bodie of the Assembly|
| The 24th day of February was enacted this followinge
Order for the Mynisters.
|IT is ordered, That theire bee a uniformitie throughout this colony both in substance and circumstance to the cannons and constitution of the church of England as neere as may bee and that every person yeald readie obedience unto them uppon penaltie of the paynes and forfeitures in that case appoynted.||Uniformity in the church.|
|THAT the statutes for comminge to church every Sonday and holydays bee duly executed. That is to say; that the church-wardens doe levy one shilling for every tyme of any person's absence from the church havinge no lawfull or reasonable excuse to bee absent. And for due execution hereof the Governor and Councell togeather with the burgisses of this grand assembly doe in Gods name earnestlie require and chardge all commanders, captaynes and church-wardens that they shall endeavour themselves to the uttermost of theire knowledge that the due and true execution hereof may be done and had through this colony, as they will answere before God for such evills and plagues wherewith Almighty God may iustlie punish his people for neglectinge this good and wholesome lawe.||Penalty for being absent from church.|
|IT is ordered, That as many of the mynisters as convenientlie may, and one of the church-wardens at least, of every parish be present yearlie at midsomer quarter cort holden on the first day of June; and theire to make theire presentments uppon oath, togeather with a register of all burialls, christnenings, & marriages, as likewise their accounts of all levyes, collections and disbursements as have beene or fallen out in their tymes concerninge the church affayres. And further that they choose church-wardens at the feast of Easter yearlie.||Ministers and church-wardens to make presentments and return a register of deaths, marriages, and births; also of their levies and disbursements.|
|And it is further ordered and thought expedient, according to a former order made, by the governor and councell that all church-wardens shall take this oath and that it bee admynistered before those that are of the commission for mounthlie corts, viz.|
|"YOU shall sweare that you shall make presentments of all such persons as shall lead a prophayne or ungodlie life, of such as shall be common swearers, drunkards or blasphemers, that shall ordinarilie profane the saboth dayes or contemne Gods holy word or sacraments. You shall also present all adulterers or fornicators, or shall as abuse theire neighbors by slanderinge tale carryinge or back bitinge, or that shall not behave themselves orderlie and soberlie in the church duringe devyne servise. likewise they shall present such maysters and mistrisses as shall be delinquent in the catechisinge the youth and ignorant persons. So helpe yow God!"||Oath of church-wardens.|
|NOE man shall disparage a mynister whereby the myndes of his parisoners may be alienated from him and his mynistrie prove less effectuall upon payne of severe censure of the governor and councell.||Penalty for disparaging a minister.|
|NO mynister shall celebrate matrimony betweene any persons without a facultie or lycense graunted by the Governor, except the baynes of matrimony have beene first published three severall Sundays or holydays in the time of devyne service in the parish churches where the sayd persons dwell according to the booke of common prayer, neither shall any mynister under any pretense whatsoever ioyne any persons soe licensed in marriage at any unseasonable tymes but only between the howers of eight and twelve in the forenoone, nor when banes are thrice asked, and no lycense in that respect necessarie, before the parents or guardians of the parties to be married beinge under the age||Rites of matrimony, not to be celebrated without license or publication of banns.|
|of twenty and one years, shall either personally or by sufficient testimony signifie unto him their consents given to the said marriage.|
|EVERY mynister in this colony havinge cure of soules shall preach one sermon every sunday in the yeare, having no lawful impediment, and yf the mynisters shall neglect theire charge by unnecessarie absence or otherwise the church wardens are to present it. But because in this colony the places of their cure are in many place ffar distant, It is thought fitt that the mynisters doe soe divide their turnes as by joynt agreement of the parishoners they should be desired.||Ministers to preach sermon every Sunday.|
|IT is also thought fit, That upon every Sunday the mynister shall halfe an hower or more before evenenge prayer examine, catechise, and instruct the youth and ignorant persons of his parrish, in the ten commandments the articles of the beliefe and in the Lord's prayer; and shell diligentlie heere, instruct and teach them the catechisme, sett forth in the booke of common prayer And all fathers, mothers, maysters and mistrisses shall cause theire children, servants or apprentizes which have not learned the catechisme to come to the church at the tyme appoynted, obedientlie to heare, and to be ordered by the mynister untill they have learned the same: And yf any of the sayde ffathers, mothers, maysters and mistrisses, children, servants or apprencises, shall neglect their duties as the one sorte in not causinge them to come and the other in refusinge to learne as aforesayd, they shall be censured by the corts in those places holden. And this act to take beginninge at Easter next.||Ministers to teach children the ten commandments, the articles of
belief, the Lord's prayer and catechism.|
Penalty on parents and masters for not sending their children to church; and on children for refusing to learn.
|WHEN any person is dangerouslie sicke in any parrish, the mynister haveing knowledge thereof shall||Duty of ministers in attending|
|resort unto him or her to instruct and comfort them in their distresse.||the sick.|
|IN every parrish church within this colony shall be kept by the mynister a booke wherein shall be written the day and yeare of every christeninge, weddinge and buriall.||Minister to keep a parish register of marriage, births and deaths.|
|MYNISTERS shall not give themselves to excess in drinkinge, or riott, spendinge theire tyme idellye by day or night, playinge at dice, cards, or any other unlawfull game; but at all tymes convenient they shall heare or reade somewhat of the holy scriptures, or shall occupie themselves with some other honest study or exercise, alwayes doinge the thinges which shall apperteyne to honesty, and endeavour to profitt the church of God, alwayes haveinge in mynd that they ought to excell all others in puritie of life, and should be examples to the people to live well and christianlie.||Deportment of ministers.|
|IN every parish church were sacraments are to be admynistered within this colony, the holi communion shall be admynistred by the mynister thrice in the yeare, whereof the feast of Easter to be one.||Sacrament to be administered three times a year.|
|AND all preaching, admynistringe of the communion, and marriages shall be done in the church except in cases of necessitie.||Preaching, administration of the sacrament & marriages, to be performed in the church.|
| The 24th of ffebruary was enacted this followinge Order
for the mynisters, viz:
|THE governor and counsell togeather with the burgisses in this present grand assembly, uppon the petition of the mynisters within this colony, have taken into theire consideration by what way theire might be a sufficient meanes allowed unto the said mynisters for theire better subsistance and encouragement in their mynistrie; and thereuppon have ordeyned and enacted that there shall be payd unto the sayd mynisters the former allowance of 10lb of tobaccoe and a bushell of corne, in such manner as formerlie hath beene done; and because of the lowe rates of tobacco at this present It is further graunted and ordered, that theire shal be likewise due to the mynisters from the first day of March next ensuinge the 20th calfe, the 20th kidd of goates, and the 20th pigge, throughout all plantations within this colony; and that theire may arise no difficultie nor controversie in the payment of this new allowance of meanes. It is though fitt and ordered, That where any parishioners shall not have the complete number of 20 calves, kidds or piggs then the nomber which hath fallen att the feast of Easter shal be praysed and rated betweene the mynisters and one or more of his parishioners, and the 20th part thereof allowed to the mynister proportionably; but yf it fall out the number of calves, kidds or piggs arise to twenty then the owner is to choose five out of the sayd number and the mynister to make his choyse in the sixt place, and it is thought fitt that the owners keepe the sayd calves, kidds, or piggs untill the tyme that they bee weaneable, that is to say, for calves the owner to keepe them 7 weekes, and kidds likewise 7 weeks and piggs a month. and the parishioners are to give notice to the mynisters when they shall fetch theire calves, kidds, or piggs that be due unto them. And this act to continue in force, untill the next meetinge of the grand assembly at which tyme theire may fall out just cause of alteration either by the advancement of tobacco or some other meanes, for that formerlie the ancient allowance of 10lb of tobacco and a bushell of corne hath beene a sufficient proportion for their maynteynance in their callinge.||Further allowance to ministers.|
Tithes of calves, kids, and pigs.
How set out.
How long to be kept by the owners.
Limitation of this act.
| It is likewise ordered, That the mynister shall have these
petty duties as followeth, viz:
|Fees of ministers.|
|It is ordered, That uppon the 25th day of October if it be not Sunday, and then the day followinge, the church-wardens shall give notice to the parishoners that they bringe in the dutie of 10lb of tobacco for the mynisters unto a place to be appoynted within that plantation by the sayd church-wardens, and that the mynister bee warned to be there or appoynt some other to receive the same. And it is likewise ordered, That the dutie of a bushell of corne be brought in upon the 19th day of December to the place appoynted within that plantation by the mynister. And no planter or parishoner may neglect the bringinge of the tobacco, or corne uppon the penalty that yf any make default they shall forfeit double the quantitie of the tobacco and corne to be levied by distresse by authoritie from the commander; and likewise, by distresse all arrearages of tobaccoe and corn due to the mynisters as duties shall or may be recovered by virtue of this order of this assembly. And yf the church-wardens shall fayle in the execution of theire office hereby inioyned then the commander shall take order that it be levied by distresse out of the church-warden's goods and chattells.||How the former allowance to be collected. |
Penalty for non-payment.
Church-wardens failing in their duty to be liable themselves.
|IT is ordeyned and enacted that in all such places where any churches are wantinge, or decayed, the inhabitants shall be tyed to contribute towards the buildinge of a church, or repayringe any decayed church, the commissioners, togeather with the mynisters, church-wardens and chiefe of the parish to appoynt both the most convenient place for all parts to assemble togeather, and also to hire and procure any workeman, and order such necessaries s are requisite to be done in such workes. This they are to effect before||Churches to be built and repaired.|
| the feast of the nativity of our Saviour Christ, or else the sayd commissioners, yf they
be deficient in theire duties, to forfeit 50l. in money, to be imployed as the whole bodie of the
Assembly shall dispose.
And it is ordered in like manner, That theire be a certayne portion of ground appoynted out, and impaled or fenced in (uppon the penalty of twenty Marques) to be for the buriall of the dead.
| Penalty on commissioners for
|UPON a remonstrance preferr'd to the assembly, complayninge that the ffrenchmen who were, about ten yeares since, transported into this country for the plantinge and dressinge of vynes, and to instruct others in the same, have willinglie concealed the skill, and not only neglected to plant nay vynes themselves, but have also spoyled and ruinated that vyniard, which was, with great cost, planted by the charge of the late company and theire officers here; and yet notwithstandinge have receaved all favour and encouragement thereunto, which hath dishartened all the inhabitants here, It is therefore ordered that the sayd ffrenchmen, togeather with their families, be restrayned and prohibited from plantinge tobacco, uppon penaltie to forfeit theire leases, and imprisonment until they will depart out of this colony.||Frenchman having failed in the culture of vines, not to be
permitted to plant any tobacco. |
|AND it is provided and ordered, That all workers uppon corne and tobacco shall this springe, before the 25th day of March, plant five vyne plants per pol, and the next yeare, before the first day of March, 20 per pol, uppon penaltie to forfeite one barrel of corne for every one that shall make default, halfe to be to him that shall make information thereof, and the other halfe to publique uses. And the commissioners for the mounthlie corts established in divers parts of this colony shall have full power to heare and determyne this matter.||Proportion of vines to be planted by the
Penalty for neglect.
|IT is ordered, that all the counsell and burgisses of the assembly shall, in the morninge, be present at devine service, in the roome where they sitt, at the third beatinge of the drum, an hower after sun rise, uppon the penaltie of one shillinge to the benefitt of the marshall at James Citty; and yf any shall absent himselfe from the assembly, to pay 2s. 6d. to the same use; and yf any shall after neglect, to be fined by the whole bodie of the assembly. And this act to continue in force until the assembly shall see cause to revoke it.||Council and burgesses to attend divine service at beat of drum.
Penalty for neglect.
Duration of this act.
|AND it is further ordeyned and enacted by the assembly, That no person or persons, after the publication or notice hereof, doe buy or cause to be bought, any marchandize, goods, or any other thinge whatsoever, exceptinge cattle, goates, hoggs, poultrey, or any househould stuffe, corne, hides or any commodities that is, or shall be raysed here, or make any contract, bargayne or promise for the havinge or buyinge of the same, or any part thereof, in exchange for the commoditie of tobacco, directlie or indirectlie allowinge under the rate of 6d. per lb. for every pound of tobacco, as the goods first cost in England, bona fide, uppon penaltie to have or suffer, for his or theire first offence, imprisonment by the space of 2 mounthes without bayle or maynprize, and shall also loose and forfeite the value of the sayd marchandize or goods soe by him or them bought or had as aforesayd.||Tobacco not to be bartered for goods except for country produce,
at less then 6d. per pound on the prime cost. |
Penalty for the first offence.
|And yf any person lawfully convicted or attaynted of and for the sayd offence, be thereof agayne lawfully convicted or attaynted that then every person or persons soe offendinge, shall have and suffer for his second offence, imprisonment by the space of one halfe yeare without bayle or maynprize; and shall loose duble the value of all the goods and marchandize soe by him bought or had, as aforesayd.||For the second offence.|
|And yf any person beinge lawfully twice convicted or attaynted of and for the sayd offences, and the third tyme be thereof lawfully convicted and attaynted, that||For the 3d offence.|
|then every such person for the sayd third offence shall be sett on the pillory in the place where he shall then dwell or inhabite and loose and forfeite all the goods and cattle that he or they have to theire owne use, and also to be committed to prison there to remayne duringe the governor's pleasure; Provided that the complaynt be made within 12 mounthes after the fact committed.||Limitation of the prosecution.|
|And be it further ordered, That the commissioners at the mountlie corts in all places of the country now established, shall have full power and authoritie by vertue of this act to enquire, heere, and determyne all and every the defaults and offences perpetrated, committed and done contrary to this act; and to make proces agaynst the offenders as the governor and counsell use to doe in such cases; Provided alwayes, that the sayd corts doe, in this, as in all other matters, send the true coppies of theire proceedinge to the governor and counsell at theire next sessions of theire quarter corts at James Citty.||Commissioners of the monthly courts to hear and determine on the
above offenses. |
Proceedings to be sent to the governor and council.
|The first of March, 1631-2.|
|WHEREAS nothinge can more conduce to the welfare of this colony, then that some efectuall course be taken in the trade of our tobacco, as well to moderate the excessive plantinge as to devise some meanes for betteringe the qualitie, It is ordeyned and assented by the Governor and Counsell, togeather with the Burgisses of this present Grand Assembly, That every shipp arivinge in this colony from England, or any other parts, shall, with the first winde and weather, sayle upp to the porte of James Citty and not to unlade any goods or breake any bulke before she shall cast anchor there, uppon payne that the captayne and mayster of the sayd shipp shall forfeite the sayd goods or the value whereof, and shall have and suffer ne mounthes imprisonment; the one halfe of which forfeiture shall be to him or them that will or shall sue for the same, in any cort of record within this colony, and the other halfe to publique uses to be yearlie disposed by the Assembly.||Vessels restricted to the port of James City.|
|BE it also further ordered, That no planter or mayster of a famylie shall plante or cause to be planted above two thousand plants per pol, and that those that shall not plante or be otherwise imployed shall not transferr or make over theire right of plantinge unto any other; and to prevent any greater quantities, every planter of mayster of a famylie plantinge a cropp of tobacco, more or lesse, shall be tyed to procure one of his neighbours or some sufficient man to come and nomber his or theire plants of tobacco, who will uppon his oath declare and testifie unto the commander of that place, before the tenth day of July, that he hath counted and nombred the sayd plants, and shall say in his conscience the iust and true nomber of them, which thinge yf the sayd planter or mayster of a famylie shall neglect, or that nomber of the plants is found to exceede the proportion of 2000 per pol, then the commander is hereby to present it to the next mounthlie cort, and the commissioners thereof shall give present order to have all that whole cropp of tobacco cutt down under payne of imprisonment and censure of the governor and counsell and grand assembly yf they neglect the execution thereof. Also uppon the neglect of the commander, he shall be censured in like manner.||Limitation in planting tobacco. |
|IT is likewise enacted, That no person shall tend, or cause to be tended, above 14 leaves, nor gather or cause to be gathered above 9 leaves uppon a plant of tobacco; and the several commanders shall hereby have power to examine the truth thereof; and yf any offend, to punish the servants by whippinge, and to bind over the mayster unto the next quarter cort at James Citty to be censured by the governor and counsell.|| How many leaves to a plant of tobacco to be
Penalty and how inflicted.
|IT is ordered and ordeyned, That no person shall tend, or cause to be tended any slipps of old stalkes of tobacco, or any of the second cropps, upon the forfeiture of the whole cropp, whereof halfe to be to the informer, and halfe to publique uses as aforesayd.||No seconds to be tended.|
|AND it is further ordered and enacted, That all tobacco, shall be taken downe before the end of November, or else not to be adiudged or accounted marchantable.||Tobacco to be struck before the end of November.|
|AND whereas these orders concerninge tobacco are of soe difficult a nature that all inconvenyencyes cannot possibly be forseene, yf therefore any mischiefe shall ensue, and that complaynt thereof be made by any five or more of the burgisses of this assembly, the gouvenor signified unto them that he will for remedie thereof, with all convenienye summon an assembly to consult and treat thereuppon.||Assembly to be called, to regulate the planting of tobacco, if the foregoing laws be found defective.|
|AND it is further ordeyned, That yf any marchant or any other person whatsoever, shall hereafter make complaynt, unto the governor of the place, that any tobacco tendered unto him or them, from or by any planter of person in Virginia, is not good and marchantable, then the sayd commander is hereby required uppon penalty of being disabled from bearinge any office in this colony for one whole yeare and further censure of the governor and counsell, to make choyce of two sufficient men whom he shall by word of mouth, or warrant under his hand, require to vewe the sayd tobacco and uppon oath to deliver unto him the goodnes or badnes thereof; and to cause the same to be burnt, yf it be not found marchantable; but yf any person or persons shall refuse to vewe the sayd tobacco and accordinglie to declare the quallitie thereof uppon oath, then it is ordered that the sayd commander shall bynd over the sayd person or persons to answer theire contempt at the next quarter cort before the governor and counsell.||Penalty for passing bad tobacco. |
How the quality to be ascertained.
Viewers refusing to act, how punished.
|IT is likewise ordered, That every man workinge in the ground, shall plant, or cause to be planted, and sufficientlie tended, this yeare, at the least two acres of corne per pol, uppon penaltie of forfeiture of their whole cropp of tobacco, yf uppon vewe thereof they shall be found deficient.||What quantity of corn to be needed.|
|IT is ordered by the Grand Assembly, for the prevention of forestallinge the markett and ingrossinge of comodities, and other inconveniencyes, that the present commander of the fforte at Poynt Comfort, uppon the arrival of any shipp or shipps shall immediatelie make his repayre aboard and there require the commander, captayne or mayster, of the shipp or shipps, to deliver unto him a true list of all such persons, which were imbarqued in theire shipp, at theire coming out of England, togeather with their ages, countryes and townes where they were borne, and to keepe record of the same; and he the sayd commander of the ffort, to admynister unto them the oathes of supremacy and allegeance, which yf any shall refuse to take, that he committ him to imprisonment. And it is further ordered, that the sayd commander of the fforte there read and fixe at the maybe mast of the shipp or shipps a proclamation as followeth, to wit:|| For prevention of forestalling and
Captain of every vessel to deliver a list of all persons on board.
Commander of the fort to administer the oaths of supremacy & allegiance.
|"TO the captaynes, maysters and commanders of any shipp or shipps ariveinge at the fforte at Poynt Comfort, I sir John Harvey, knight, governor and captayne generall of Virginia, send greetinge, These are in his majestie's name to will and require you and straightlie to charge & command you accordinge to the instructions and directions unto me and the counsell of state, from the right honorable the lords of his majesties, most honorable privye counsel, And according to an act of the Grand Assembly, that with the first wynd and weather you sayle directlie to the port of James citty, and that you unlade no goods, nor breake any bulke untill you shall come to||Proclamation commanding the capt. to sail with the first wind to James City.|
|"an anchor there, uppon payne of the losse of the goods, and one mounthes imprisonment. Given at James Citty, the 1st of March, 1631."|
|IT is ordered, That no person or persons shall dare to speake or parlie with any Indians either in the woods or in any plantation, yf he can possibly avoyd it my any meanes, but as soone as he can, to bringe them to the commander, or give the commander notice thereof uppon penalty of a mounthes service for any free man offendinge and twenty stripes to any servant. But for the planters of the Easterne Shoare, the commanders are required to observe all good termes of amitie; but that they cause the planters to stand uppon theire guard, and not to suffer the Indians especially the Mattawombes to make any ordinarie resort or aboade in their houses, and yf any English without leave resort unto theire townse, the commanders to bynd them over to the next quarter cort.||None to speak or parley with the Indians. |
Exception in favor of the planters of the Eastern Shore.
|THE statutes for artificers and workemen are thought fitt to be published in this colony. (1 Jaobi c. 6.)||Stat. I, Ja. c. 6, concerning artificers and workmen.|
|AND the lawes of England agaynst drunkards are thought fitt, to be published and dulie put in execution, that is to say, for every offence to pay five shillings to the hands of the church wardens, and further as is conteyned in the statutes of the 4th of kinge James and the 5th chapter.||Laws of England against drunkards to be published.|
|AND it is thought fitt, That whosoever shall sweare an oath shall pay for every oath one shilling, as is ordeyned by the statute, &c.||Penalty for swearing.|
| ACCORDINGE to the former orders of the assembly the 5th of March,
1623, and the of the governor and counsell, It is thought fitt and accordinglie ordered
that the mounthlie corts be held and kept in remote parts of this colony: vizt.
ffor the upper parts; for Warwicke River;
ffor Warrosquyaoke; for Elizabeth-Citty;
The Commission for the upper parts followeth, vizt.
|Monthly courts established, as by a former law.|
|"To all to whome these presents shall come, I Sir John Harvey, Knt. governor and captayne generall of Virginia, send greeting in our Lord God everlastinge. Whereas for the greater ease of the inhabitants in divers parts of this colony, and for the better conservation of the peace, and due execution of such lawes and orders, as are or shall be established for the government of the people, and the inhabitants of the same. −−− The governor and councell togeather with the assembly, have thought fitt, and accordinglie ordered and appoynted that theire shall be mounthlie corts, and oftener uppon extraordinarie causes requiring and agreed uppon by the major part of the comissioners, held and kept in some of the remote plantations.||Form of the commission, to the commissioners of monthly courts.|
|"NOWE KNOWE YEE, that according to the sayd orders these persons whose names are here inserted are for the tyme beinge assigned and appoynted to be the present comissioners of and for the upper parts within the precincts of Charles Citty and Henrico, William ffarrar, Esqr. Capt. ffrancis Epes, Captayne Thomas Pawlett, Captayne Thomas Osborne, Thomas Palmer gent. Walter Aston, gent. which sayd comissioners, or any fowre of them, whereof Mr. William ffarrar to be alwayes one, shall have power and authoritie to here and determine, all such suites and controversies betweene partie and partie, as exceede not the value of five pounds stirlinge; and farther, that they take in to their cares, matters of petty offences, the conservation of the peace, the quiett government of, and safetie of the people there residing or beinge; and that all orders, and proclamations be kept and observed, and accordinge to the same, and as neere as may be accordinge|
|to the lawes of the realme of England, to inflict punishment, uppon the offenders and delinquents, and to doe and execute, whatever a justice of peace, or two or more justices of peace may doe, such offences onlie excepted, as concerne the taking away of life or members; Provided alwayes that it shall and may be lawfull for the plaintiff or defendant, in any suite before the sayd commissioners dependinge either before, or after judgment, yf it be before execution awarded, to appeale to the cort of James Citty there holden by the governor and counsell. And they are hereby required from tyme to tyme, to keepe records, of all judgments, orders, and other matters of moment, as by them shall be concluded and agreed on. And this comission to continue in force untill I by my comission under the seale of the colony shall signifie the contrarie. Given at James Citty, the first day of March, 1631, and in the seaventh yeare of the raigne of our soveraigne Lord Charles, by the grace of God of England, Scotland, France and Ireland, kinge, defender of the fayth, and in the 25th yeare of this plantation."|
|It is thought fitt, that the comissioners shall take this oath as followeth, vizt. "You shall sweare as a comissioner for the upper parts, within the precincts of Charles Citty and Henrico, accordinge to the articles of the comission directed unto you, by the governor, you shall doe equall right, to the poore and to the rich after your cunninge, witt, and power, and after the lawes and customes of this colony, and as neere as may be after the lawes of the realme of England and statutes thereof made, you shall not be of counsell in any case or quarrell hanginge before you, and that you hold your corts accordinge to the sayd comission, you shall not lett for guift, or other cause, but well and trulie you shall doe your office of comissioner, soe helpe you God, &c."||Oath of commissioners.|
|The like comission to be drawen mutatis mutandis for Warwicke river. These comissoners Capt. Samuel Mathewes, Esq. quor. Capt. Richard Stephens, Esq. quor. Capt. Thomas Fflynt, John Brewer, gent. Zacharie Cripps, gent. Thomas Seely, gent.||Commissioners for Warwick river.|
|Capt. Nath. Basse, Esq. quor. Thomas Jorden, gent. Richard Bennett, gent. Wm. Hutchinson, gent. John Upton, gent.||For Warrosquyoake|
|Capt. Wm. Tucker Esq. quor. Wm. English, gent. Capt. Thomas Purifie, Esq. quor. George Downes, gent. Capt. Thomas Willowby, John Arundell, gent. Adam Thoroughgood, gent.||For Elizabeth City.|
|Capt. William Claybourne, Esq. quor. Obedience Robins, gent. Capt. Thomas Grayes, quor. John Howe, gent. Capt. Edmond Scarborough, quor. Roger Saunders, gent. Charles Harmar, gent.||For Accomack.|
|IT is thought fitt and accordinglie orderd, That there be a publication made that all estates of any deceased persons be appraysed after the rates of money and not in tobacco as hath been accustomed heretofore.||Decedents's estate to be appraised in money|
|IT is thought fitt, That the mounthlie corts, doe as in their discretions they see fitt, strictlie doe right agaynst such persons as shall take away or loose any other mens boates or cannoes, or shall take away any wares, because of the great damage, that may ensue, uppon such trespasse, and wronge.||Monthly courts to prescribe punishment for taking away boats, canoes, & weirs.|
|IT is ordered, That a barrell of corne shall be accounted five bushells of Winchester measure, that is to say, 40 gallons to the barrell, and that the comissioners, for the mounthlie corts throughout the colony, doe take order and see that sealed barrells are made and sealed with this seale as in the margnet, [VG] which seale they are to keepe, and uppon request to seale such barrells, and bushells, as shall be brought unto them. −−− And be it ordeyened and established, That whosoever shall use or cause to be used any unsealed barrells or bushells after the feast of St. John Baptist, next ensueinge, shall forfeit 13s. 4d. and sett on the pillorye and||Contents of a barrel of corn. |
Sealed barrels to be kept.
Penalty for using unsealed barrels,
|the measure and barrell deficient shall be broken or burnt. And for defective weights, it is ordayned that the offender shall be punished according to the statute in that case provided.|
And defective weights.
The 2d of March, 1631.
|THE Assembly doth order and graunt, That there be payd out of the generall levey unto Capt. Marshart's attorney in full for the carraiges for ordinance, 1375 lb. of tobacco. And likewise in consideration of the good service done, by the sayd Captain Marshartt to this colony, and to relieve the necessities of his wife and children, the Assembly doth give as a gratuitie, to be sent unto her, 4500 lb. of tobacco, to be payd the next cropp.||Compensation to capt. Marshartt.|
Also a donation to his wife & children.
|IT is ordered, That the Governor and Counsell, shall not lay any taxes or impositions, uppon the colony, theire land, or comodities, otherwise than by the authoritie of the Grand Assembly, to be levyed, and ymployed, as by the Assembly shall be appoynted.||No taxes to be laid by the governor & council; but by authority of the Assembly.|
| THE Assembly allowed of these publique chardges followinge,
|THE Governor shall not withdrawe the inhabitants from theire private labours, to service of his own, uppon any coulor whatsoever. And in case the publique service require imployments of many hands, before the houldinge of a Grand Assembly, to give order for the same, in that case the levyinge of men shall be done by order of the Governor, and the whole bodie of the Counsell, and that in such [manner] as to be the least burthensome to the people, and most tree from partialitie, (sudden incursions of the Indians, and such like cases excepted.)||Governor not to withdraw the inhabitants from their private
labours, to his own service. |
|And whereas many occasions doe happen wherein the Governor is to imploy boates and hands, It is thought fitt five or six sufficient men, shall be provided on purpose, and they to be allowed maynteynance from the Governor.|
|ALL the old planters that were here before, or came in at the last cominge of Sir Thomas Gates, shall be exempted from theire personable service in the warrs, and any publique charge (church duties excepted) that belonge particularly to theire persons, not exemptinge theire families except such as shall be comander in cheife.||Privileges of the old planters.|
|NO Burgisses of the General Assembly shall be arrested duringe the tyme of the Assembly, a weeke before or a weeke after, uppon payne of the creditor's forfeiture of his debt, and such punishment uppon the officer ast he cort shall award.||Burgesses privileged from arrests.|
|THE statutes and lawes of England agaynst forestallers, and engrossers, to be made known and executed in this colony.||Forestalling & engrossing.|
|EVERY private planter's devident, shall be surveyed and layd out in severall, and the bounds recorded by the surveyor, and yf there be any petty differences betwixt neighbours about theire devidents, to be desided by the surveyor, yf of mayne importance to be refered to the Governor and Counsell.||Lands to be surveyed. |
|FFOR encouragement of men to plant store of corne, the prize shall not be stinted, but it shall be free for every man to sell it as deere as he can. And the reason hereof is contrary to the president of other countryes, and kingdoms, for none are so poore heere, as that they may not have as much corne, as they will plant, havinge land enough.||Price of corn not to be limited.|
|ALL trade with the Savages prohibited, as well publique as private.||Trade with the Indians prohibited.|
|NOE man shall goe or send abroade without a sufficient party well armed.||Precaution as to being armed.|
|NOE man shall goe to worke in the grounds without theire armes, and a centinell uppon them.||Arms.|
|THERE shall be due watch kept by night where neede requires.||Watch.|
|NOE commander of any plantation, shall either himselfe or suffer others to spend powder unnecessarilie, that is to say, in dringinge or enterteynments.||Powder & shot.|
|ALL men that are fittinge to beare armes, shall bringe their peices to the church uppon payne of every effence, yf the mayster allow not thereof to pay 2 lb. of tobacco, to be disposed by the church-wardens, who shall levy it by distress, and the servants to be punished.||To go armed to church.|
|NOE person within this colony uppon rumour of supposed change and alteration shall presume to be disobedient to the present government, nor servants to their private officers, maysters and overseers, at their uttermost perills.||Obedience to superiors.|
|THE ioyninge plantations, to assisst the fronteires or their neghbours, uppon alarmns, the default to be severelie censured, and false alarmns punished.||Adjoining plantations to assist, upon alarms.|
|IT is ordered, That now cowe hides, oxe hides, bull hides, goate skynes, deer skynes, or other hides, or skynes whatsoever, be sent or carryed out of this colony uppon forfeiture of thrice the value, whereof the one halfe to the informer, and the other halfe to publique uses.||No hides to be exported.|
|IT is established and appoynted, That the fowre quarter corts shall be held at James-Citty yearlie, as followeth, vizt. uppon the first day of September, the first day of December, the first of March, and the first day of June.||Terms of the quarterly courts at James City.|
|IT is ordered and appoynted, That the comanders of all the several plantations, doe upon holy days exercise the men under his comand, and that the comanders||Commanders to exercise their men at stated|
|* There is no act numbered LIII in the manuscript.|
|yearlie doe likewise uppon the first day of December, take a muster of theire men, togeather with the women and children, and theire ages, countryes, and towns, where they were borne, with the shipps they came in, and the yeare of the Lord, as also of armes and munition, corne, cattle, hoggs, goates, barques, boates, gardens, and orchards, and yf they shall make default, to be censured by the Governor and Counsell.||periods −−− and also take a census of the inhabitants.|
The third of March, 1631.
|IT is agreed uppon by the Grand Assembly, That Capt. Samuel Mathewes, when he hath finished, and perfected, the worke at the ffort at Poynt Comfort, shall give notice to the comissioners for that purpose, that they may viewe the worke.||Fort at Point Comfort.|
|IT is further agreed, That Capt. Samuel Mathewes, shall leave 6 sufficient men thereon for a guard, and that he shall receive satisfaction for them, of the country, until such tyme as it can be otherwise provided for.||Guard at Point Comfort.|
|THAT the inhabitants about the corporation of James Citty, with the ayde of the Burgisses thereof, shall with all convenient speed that may be, remove the carriadges for the ordinance, into some dry place to preserve them for the decayinge of the weather, or otherwise.||Carriages for ordinance.|
|IT is thought fitt, That no boates be permitted to goe and trade to Canida, thate not of the burden of ten tunnes, and have a flush deake, or fitted with a gratinge and a trapaulinge.||Size and construction of boats to trade to Canada.|
|FFOR the Indians we hould them our irrecosileable enimies* thought fitt, That yf any Indians doe molest or offend hoggs, or any thing else, or that they be found lurkinge, then the comanders shall have power by vertue of the sufficient partie of men, to fall out uppon them. And shall finde occasion.||Commanders to fall upon the Indians, found lurking about, or molesting hogs, &c.|
|EVERY vessell or shipp cominge out of the ocean shall untill further order be taken therein, shall pay after the rate of gun powder, and ten iron shott for every hundred tunns the fort at Poynt Comfort, and so to be accounted proportionably bigger or lesser.||Certain duty on vessels.|
|EVERY man shall enclose his ground with sufficient fences uppon theire owne perill.||Sufficient fences.|
| THE secretaries fees shall be as followeth, vizt.
| An yf the secretary shall desire it he may require for every
here mentioned, one bushel of corne.
The marshalls fees shall be −−−
|* In this and a few succeeding chapters a few words are not legible in the manuscript −−− but they are inserted in similar acts passed at the next session.|
|BESIDES the 103000 of tobacco afore allotted to be payd to Captayne Samuel Mathewes, It is agreed and graunted, that halfe a bushel of corne for every titheable person be payd unto the said Capt. Matthewes, togeather with the tobacco.||Further allowance to capt. Matthews.|
|ALL former acts and orders made theretofore by any Assembly to be held and accounted repealed and of none effect.||All former acts repealed.|
|IT is ordered, That the 22d day of March be yearelie kept Holyday in comemoration of our deliverance from the Indians at the bloodie massaker which happened uppon the 22d of March 1621.||The 22d of March to be annually observed as a holliday.|
|LASTLIE, It is ordered, That these acts and ordinances be published throughout this colony, and the comissioners, for the mounthlie corts doe at the beginninge of theire corts always read or cause to be read, all these acts, and that true coppies thereof be kept in the corts afforded to be read by all that shall desire the same.||How these acts to be published.|
|The Burgisses were dismissed the 6th of March 1631-2.||Adjournment of the legislature.|
|Pages 137-153||Pages 178-209|