|Pages 262-282||Pages 309-338|
HOLDEN AT JAMES CITTIE THE FIRST OF OCTOBER 1644.
|The MS. from which the acts of this session were printed, is now in the library of Congress at Washington.|
|PRESENT Richard Kempp, Esquire, Governor, &c.|
|The names of the Burgesses for the severall plantations:|
| * Formerly Charles River. See
act 13 of 1642-3, ante pa. 249.|
Formerly Warwich River. See act 13 of 1642-3, ante pa. 249.
Formerly Accomacke. See act 13 of 1642-3, ante pa. 249.
|WHEREAS by an order att the last session of this present Grand Assembly the last year's sherriffs were respectively injoyned to appeare and produce their accounts att this present sessions, wherein some have failed, To the great detriment of the present affaires, Be it therefore enacted by the authoritie of this present Grand Assembly, That all such sherriffs as have not accordingly in conformitie to the said order produced their accompts (vizt.) Mr. Philip Taylor, Mr. Tho: Lambert, Mr. Robert Davis shall be fined for their delinquencie therein 1000 lb. of tobaccoe a peece, to be disposed of by the next Grand Assembly, And whereas most of the said sherriffs have charged themselves in their severall accompts with most of the levies and officers' ffees for that present year though vnreserved by them, Be it therefore further enacted that the sherriffs for the last year shall have full power and authoritie to receive all the aforesaid arrears, And in case of non-payment to make distresse vpon the goods and estates of all such as have and shall make default, And that the said sherriffs shall be responsible for all leavies and fees comitted to their charge of collection.||Penalty on certain sheriffs, by name, for not producing their
accounts to the assembly. |
How arrears to be collected.
|It is alsoe further enacted by the authoritie aforesaid that the comissioners of the severall counties respectively shall vppon publication hereof ever hereafter before the admission of any of the said sherriffs into their offices take such security as they shall think fitt and sufficient of the said severall sherriffs respectively for the performance of their places, especially for the receiving and discharginge of all publick duties, King's rents, and officers' fees comitted to their charge of collection, And if the said comissioners respectively shall neglect the same, then they soe neglecting to be liable and responsible for the same, or any part of the same soe neglected.||Security to be taken of sheriffs by the county courts.
Penalty for failure.
|Be it also enacted by the authoritie aforesaid, That all charges and disbursments which have accrewed by the receiving and transporting of Sir. Wm. Berkeley's provision be presented to the comissioners of the severall countie courts, who are hereby inabled and required||Expenses of transporting Sir William Berkeley's provision to be paid.|
|to make particular leavies in the said severall counties where such charges have been expended for the payment thereof to those who have expended the same.|
|BE it further enacted by the authoritie aforesaid, That all charges and ffees accrewing by reason of King's prisoners shall be defrayed and discharged by the countie, wherein such prisoner or prisoners shall be apprehended, if the said prisoner or prisoners shall be convict of their accusation, or be vnable to make payment themselves, But if such prisoner or prisoners shall be cleared by proclamation that then they shall be liable to the said charges and ffees themselves, and this act to continue in force vntil the next Assembly.||Criminal charges to be paid by the county where prisoner apprehended, if convicted; if not the prisoner to pay.|
|WHEREAS severall accompts have been presented to this Grand Assembly of charges and disbursments expended vpon marches against our salvage enemies, for payment of which expenses haveing relation to particular counties, to assess the publique were inconvenient and injurious, Be it therefore enacted by this present Grand Assembly, That all charges and disbursments for the cure of hurt men or horses or for boats lost and damnified, boats hire, provision or ammunition imployed in the publique service or any other charge thereby accrewing, shall be presented to the severall countie courts, where they that have expended any such charge did then reside, And the comissioners of the severall countie courts respectively are to allow what they conceive reasonable, And to raise particular leavies in the said counties for satisfaction thereof, to be made to the disbursers, and this act to continue in force vntil the next assembly.||Expenses of expedition against the Indians to be paid by the county where expenses incurred.|
|WHEREAS by the late reducement of the inhabitants into great familys divers inconveniences have||Inhabitants permitted to|
|happened, Be it enacted by the authoritie of this present Grand Assembly, that all persons soe reduced and placed may remove and dispose of themselves for their best advantage and convenience, Only in places of danger it shall not be lawfull for any to seat or inhabitt without ten sufficient men at the least, and arms and ammunition accordingly, The said places of danger to be considered, and the parties licensed by the Leifts. and their deputies.||disperse and form distinct settlements; except in places of danger, where there must be at least 10 men.|
|WHEREAS the severall sherriffs are injoyned & to be injoyned by themselves and their sureties to be liable and responsible for all publique collections comitted to their charge, The receiving whereof will be troublesom by reason of scarcity of tobacco, Be it therefore enacted by this present Grand Assembly, That the masters of the severall familys within the collony shall be responsible for all the publique duties, tithes and charges, due from all persons in their familys, And shall detaine and keep in their hands and custody the cropps and shares of all ffreemen within their familys vntil satisfaction be made of all such publique duties, tithes and charges, And it shall be understood where they make a joynt cropp, that he which hat the comand shall be adjudged the master of the family.||Heads of families liable for taxes of members of their families.
Who deemed the head where they make a joint crop.
|BE it enacted by the authoritie of this present Grand Assembly that for the defraying of the charges of Sir William Berkeley's voyage, And towards satisfaction for the powder to be bought, that there be levied eighteen pound of tobaccoe per poll for all tithable persons to be presently collected by the severall sherriffs, And deposited with the comissioners of each county court, to be by them reserved vntil the next Grand Assembly, And the severall comissioners are required to take care thereof.||Additional levy, for defraying the expenses of Sir William Berkeley's voyage, and for powder to be bought.|
|FFOR the repressing of the excessive rates exacted by ordnary keepers, Be in enacted by this present Grand Assembly, That none shall keep an ordinary or victualling house without the approbation of the court of the county where such ordinary shall be kept, And licensed from the Governour, And on inholder, ordinary keeper or victualler soe approved and licensed shall charge, exact, take or receive above the quantity of tenn pounds of tobaccoe for a meales diett, ffor which they shall affoard sufficient, good and wholesom diett, And that no ordinary keeper or victualler be permitted att all to sell or vtter any wine, wines or strong liquor but strong beer only which they shall affoard and sell at the rate of 8lb. tobacco per gallon and no mer, And smaller rateably, And that according to order of the first of August, 1643, noe debts made for wines or strong waters shall be pleadable or recoverable in any court of justice within the collony.|| Ordinary keepers to be approved by county
courts and licensed by the Gov'r. |
Tavern rates payable in tobacco only.
Debts for wines or strong waters not recoverable.
|WHEREAS in the late expeditions against the Indians, diverse men were hurt and maymed and disabled from provideing for their necessary maintenance and subsistance, Be it therefore enacted by the authoritie of this present Grand Assembly, That all hurt or maymed men be releived and provided for by the severall counties, where such men reside or inhabitt.||Those wounded in the late expeditions against the Indians to be supported by their county.|
|FFOR defraying of the publique charges of Pomunckye and Cheychohominy march, It is enacted by this Grand Assembly, that six pound of tobacco per poll be leavied for every tithable person within the several counties following (vizt.) James Citty six hundred eighty-seaven persons to pay 4122 pounds of tobaccoe to such persons as shall be appointed to receive the same, by Capt. Wm. Clayborne, Esq. In Yorke county, six hundred and nine persons to pay 3654 pounds of tobaccoe, to Capt. Townesend 420lb. of tobaccoe, to Wm. Smoote 600 pounds of tobaccoe, To Capt. Claiborne||Public levy to defray the expenses of Pomunky & Chickahominy expeditions against the Indians.|
|2634 pound of tobaccoe, Warwicke county 328 tithable persons to pay 1968 pound tobacco, To Capt. Claiborne 278 pound of tobaccoe, To Mr. Pryor 200 pound of tobaccoe, To Hen: Lee 346 pound of tobaccoe, And to Mr. Bennett 1144 pounds of tobacco, Elizabeth Cittie countye 341 tithable persons to pay 2046 pound of tobaccoe to Mr. Bennett, Northampton countie 346 tithables to pay 2076 pound of tobaccoe to Capt. Claiborne. Lower Norfolke two hundred ninetie six tithable persons to pay one thousand seaven hundred seaventy-six pound of tobaccoe to Mr. Bennett, And the Isle of Weight countie 463 tithables persons to pay two thousand eight hundred and eighteen pounds of tobaccoe to Mr. Bennett, All which sumes are to be leavied by each sherriff in their severall counties, And by them paid as avovesaid.|
HOLDEN ATT JAMES CITTYE THE 17TH OF FEBRUARY, 1644-5.
|The MS. from which the acts of this session were printed, is now in the library of Congress at Washington.|
|PRESENT RICHARD KEMPE, Esquire, Governour, &c.|
|The names of the Burgesses:|
|BE it enacted by the Governour, Counsell and Burgesses of this present Grand Assembly for God's glory and the publick benefitt of the collony, to the end that God might avert his heavie judgments that are now vpon vs, That the last Wednesday in every month be sett apart for a day of ffast and humiliation, And that it be wholy dedicated to prayers and preaching, And because of the scarcity of pastors, many ministers haveing||A monthly fast established.|
|charge of two cures, Be it enacted, That such a minister shall officiate in one cure vpon the last Wednesday of everie month; and in his other cure vpon the first Wednesday of the ensuing month. And in case of haveing three cures, that hee officiate in his third cure vppon the second Wednesday of the ensuing month, which shall there be their day of fast, That the last act made the 11 of January, 1641, concerning the ministers preaching in the for-noon and catechiseing in the afternoon of every Sunday be revived and stand in force, And in case any minister do faile so to doe, That he forfeit 500 pound of tobaccoe to be disposed of by the vestrey for vse of the parish.||Former law as to preaching, &c. revived.|
|THAT everie minister shall reside and abide within his cure to perform such acts of his callinge (vizt.) baptize weak infants, to visit the sick and all other actions which pertain to his ministerial function, vpon penalty as aforesaid.||Minister to reside within their cure.|
|THAT where it soe falls out that any minister have induction into two or more cures farr distant one from another, whareby one cure must necessarily be neglected, It shall be lawfull for the parishioners of such a cure, to make vse of any other minister as a lecturer to babtize or preach, Provided it be without prejudice or hinderance to the incumbent that first had his induction, And that the priviledge shall be allowed to all other parts inconvenient and dangerous for repaire to the parish church.||Parishioners may use a lecturer where their minister cannot attend.|
|THAT the eighteenth day of April be yearly celebrated by thanksgivinge for our deliverance from the hands of the Salvages.||18th of April a day of thanksgiving yearly.|
|THAT the election of every vestry be in the power of the major part of the parishoners who being warned will appear to make choice of such men as by||Vestry to be elected by a majority of parishoners who attend.|
|pluralitie of voices shall be thought fitt, and such warninge to be given either by the minister, church-wardens or head comissioners.|
|THAT whereas the church-wardens have been very negligent in the execution of their duties and office, The county courts shall hereby have power to call them int question, And if just cause be, to punish or fine them as the offence shall deserve.||Church wardens amenable to county courts.|
|The Governor, counsell and Burgesses of this present Grand Assembly haveing maturely weighed and considered the extreame prejudice which will necessarily ensue to the collony by deserting of plantations which are now seated, or since the 20th of November last have been seated, have enacted, And by the authoritye of the same be it enacted, that it shall not be lawfull for any person holding land by patent or who soe hat held land since the 20th of November last, voluntarily to leave the same vpon penaltie of fforfeiture thereof, so as it may be lawfull for any person whatsoever to take vp the same by patent as land deserted, And if any lessee shall in like sorte voluntarily relinquish land leased to him, it shall be lawfull for any person to enter vpon the same and have the benefitt thereof vnles the patentee will seate or cause the same to be seated, provided that he that hath the patent of the land so deserted by the proprietor, or enters vpon any leased lands, do forthwith seat the same with a competent number of men, arms and amunition.||Prohibition against deserting plantations that have been seated.|
|And it is further enacted by the authoritie aforesaid, That it shall not be lawfull for any person so deserting his plantation as afore said to burne any necessary houseing that are scituated therevpon, but shall receive so many nailes as may be computed by 2 indifferent men were expended bout the building thereof for full satisfaction, reservinge to the King all such rent as did accrew by vertue of the former grants or planting of the same from the expiration of the first seaven years.||Persons deserting their plantations not to burn the houses, & to receive as many nails as were expended in building it.|
|BE it enacted by the Governour, Counsell and Burgesses of this Grand Assembly that the three countys of Isle of Wight, Vpper Norff: and Lower Norff: shall prosecute the enemie and defend those parts from Vpper Chipoaks downewards by constant marches vpon the Indians, And the inhabitants of Lawnes Creeke vpwards to the falls on the south side of the river shall do the like from the Vpper Chipoaks to the vtmost extend on that side. And that the Leifts. and deputy Leifts. or the major part of them be the counsell of warr of the aforesaid associating countys and limitts vnder the Governour and Counsell; And that the warr be managed equallie and proportionably, respect being had to the frontiers, And that the same counsell of war shall have power to leavie such and soe manie men, arms, ammunition and other necessaries as emergencie of occasions shall require, And in case of any of the said Leifts. or deputy Leifts. shall abuse their trust, And just complaint made thereof, that they shall be subject to punishment by the Governour and Council or general Assembly, And that the election of the comanders in cheife be from time to time referred to the Governour and Council And be it further enacted by the authority aforesaid that for the manageing the warr on the north side of the river, That evrie 15 tithable person shall sett forth, compleatly furnish and maintain, one soldier, vntil such time as the Governour and Council shall find cause to increase or diminish the number; And because there shall be no scruple or invasion who are and who are not tithable, it is resolved by this Grand Assembly, That all negro men and women, and all other men from the age of 16 to 60 shall be adjudged tithable: And incase any person or persons within their familys, that such delinquents shall forfeit double pay for everie tithable person soe concealed; And where ffifteen are joyned to set forth on and cannot agree amongst themselves, That in such case the council of warr shall press whom they shall think fitt, And whereas some difference may arise concerning the pay of the soldier so sett out, It shall be lawfull for the 14 to compound and agree with him as they and he shall think fitt, And in case of disagreement that then the counsell of warr shall allow the soldier such satisfaction||Certain counties associated to carry on the war against the Indians. Council of war. Their power. How punished for abuse of power. k Every 15 tithables to furnish a soldier for carrying on the war on the north side of the river. Who are deemed tithables. k Penalty for concealing tithables. When the council of war may press men.|
|from the 14 as to them shall seem convenient, And the said counsell of warr shall have power to arme the soldier with all necessaries out of the said fifteen men, provided that the soldier be responsible for his arms (in case he shall negligently loose or spoyle them) out of his sallary, And to avoid all doubts and controversies that may arise in case of the death of any such soldier, whether he be servant or other, Be it enacted by the authoritie aforesaid that any soldier so slayne in the service his whole yeares sallary shall be due if he were hired for so long time as he did serve, and the remainder by a publique leavie, And in case he be only sick, maymed or hurt, that then the county of which he went to pay for his cure to the chirurgion that shall be imployed about him, And if it so fall out that a diminution of the armes shall be expedient, That when the least number maintaining a soldier shall be first releived.||May arme the soldiers, who are to be responsible if they
negligently lose them. |
Soldier killed in service entitled to his whole year's pay.
If wounded the expense of cure to be paid by his county.
Who to be first discharged.
|Be it also enacted that there be three fforts erected, one at Pomunkey to be called Fort Royal; another to the Falls of James River to be called ffort Charles, and the third on the Ridge of Chiquohomine, and to be called Fort James, and that carpenters and other necessarie handicraft men for and about the said worke be pressed at the rate of 7 pound of tobacco per diem for conveniencie of retreate and other occasions, The comanders of the fforts to be appointed by the Governour and Council; And in case an expedition to Pomonkey or any other northerly part of the collony do require it, that the several commanders with the companies shall joyn by a comand from the Governour and Council to prosecute the said warr, and leaving a sufficient strength at each ffort, and incase they shall not be thought a sufficient company so joyned as aforesaid, That the Governour and Council shall have power to raise either men, horses, armes, amunition or provision as they shall think fitt or expedient for the service, And because it is an vndisputable truth, that the service of some Indians either of Achomack or Rappahannock be treated with and entertained for the further discovery of the enemie, Be it also further enacted, That the comanders in cheife receive for their year's sallary as a||Three forts to be build. |
Pay of work men.
Governor and council may raise men.
Pay of officers.
|reward for their service 6000 pounds of tobaccoe, Their Lefts 4000 pounds of tobaccoe, And either Serjeants 2000 pounds of tobaccoe yearly or so long as they serve proportionablely, And the choice of the inferior officers shall belong to the said comanders with allowance of the Governor and Council; And be it explained and confirmed b the authoritie aforesaid that the associating counties on the south side of the river are wholly to contribute towards the maintenance of the warr on that side without any expectation of any contribution from the north side, and so likewise on the north side by themselves including Northampton and Northumberland.*||How inferior officers appointed. |
Counties on the south & north side of the river to bear the expenses of the war on each side respectively.
|BE it alsoe enacted and confirmed that this clause be annexed to the first act of Assembly held the first of March, 1643, concerning shooting of Gunns −−− That the penaltie for every offender and offence in that kind shall be 100 pound of tobaccoe halfe to him that informed the Left. and the other halfe to the vse of the countye.||Penalty annexed to a former act for shooting.|
| BE it alsoe enacted by the authoritie of this Grand Assembly,
for releife of several poor men that are layd in the sherriffs hands vnder execution, for
tobaccoe, corne and other comodities, which truly in kind they have not, that therefore in such
cases the inventorie of his or their estate being produced vpon oath in presence of the creditor,
the comiss. shall determine what shall be valued for satisfaction of the debt.
* This is the first time that the county of Northumberland has been mentioned in any of the acts. it would seem from this circumstance that the power of forming new counties was at that time vested in the governor and council. See ante pa. 115. Instructions to Sir Francis Wyatt for dividing the colony into cities, boroughs, &c.
|Poor prisoners taken in execution for tobacco, corn, &c. may be discharged by exhibiting an inventory of their estate on oath and payment of other considerations.|
|BE it further enacted by the authoritie aforesaid, That from henceforth and after the publication of this act in the severall counties, especially the order and act forbidding wine debts to be pleadable, to be absolutely repealed and made void, And for all wine debts made since the date of the said order, that they be satisfied by paying one third of the said debt at the next cropp. And the other two thirds at the next ensueing cropps proportionably.||Former act delaring wine debts not recoverable repealed.|
|BE it alsoe enacted by the authoritie aforesaid, for the regulation of clerkes and sherriffs' fees and their large exactions hereafter that in countie courts it shall be sufficient authoritie for sherriffs to arrest any person in an action of debt or trespass if the said action be entred in the court booke by the clerke and the charge of the entrance to be four pound of tobaccoe: and also that it shall be lawfull for subpenas to be served by the party procuring the same, or by their appointment, and not by the sherriffs vnles it be desired: The charge of a subpena to be as formerly: Likewise, Be it enacted that no person whatsoever be forced to pay for writeing a petition vnless he employ the clerke to do it, And then as the act appoints, Nor for recording of any patent or comission of administration or takeing of examinations or depositions in criminall causes or whatsoever else is to be done ex officio, and for which a certain fee is established by the act of Assembly, And that no clerke do demand three pounds tob'o. per cent de futuro for takeing of inventories vnles they be therevnto required, And then no more then party imploying him and he can best agree: of all which the county courts are required diligently to looke after, And complaint made for extortion in any officer by their ffees or otherwise that such ffacts be punished by the several county courts or presented to the quarter court.||Clerks and Sheriffs' fees regulated. |
Subpœnas may be served by the parties themselves.
County and quarter courts may punish clerks and sheriffs for extortion.
| BE it further enacted and confirmed, That ffree trade be
allowed to all the inhabitants of the collony to buy and sell at their best advantage; And that
all acts concerning ingrossing be from henceforth repealed & made void.
||Free trade allowed to inhabitants, and all acts against ingrossing repealed.|
|WHEREAS the great wants and extremities of the collony do necessarielie require that care & meanes be vsed for the encouragement of trade, Be it therefore enacted by the Governour and council and Burgesses of this present Grand Assembly that there be a free trade and commerce allowed to all his maj'ts. subjects within the kingdom of England, And it is further thought fitt to be explained particularly, because of some questions and doubts that have been made by the Londoners this yeare tending to a prohibition of trade with them, that it was never intended but the contrary thereof allways assured vnto them, as divers publique acts and proclamations in the collony do at large declare: And this Assembly on the behalfe of the inhabitants do pledge the faith of the collony for a continuance of a free and peaceable trade to them with all justice in any case requiring ti, so as to demeane themselves in a peaceable manner, and be obedient and conformable to the government.||Free trade to be encouraged with the king's subjects residing in England. Assurances given by the assembly.|
|BE it enacted by the authoritie of this present Grand Assembly for avoiding causes and suits of law, that where any suit shall be comenced either in quarter court or county court, that if the defendant have either bill, bond or accompt of the plt. wherein he proves him debtor, that in such cases the courts do balance acc's. consideration being had and allowance given to the plt. for his charges who first began his suit, as alsoe to the time when such bills, bonds, accompts or demands were due to be compared with the acco. in ballance, And this act to continue till the next Assembly.||Set-off, how to be allowed in court.|
|BE it enacted by this Grand Assembly in respect most of the sheriffs, as is conceived, have converted a great part of the eighteen pound of tobacco per pole to their private benefit; And likewise some comiss's. into whose hands part of the said levie hath been deposited, That the county courts respectively do call the said sherriffs and such of the comiss'rs. to accompt, And where such default shall be found, That execution presently issue forth against the estates of the delinquents for payment of such summe or summs soe converted with a large consideration for forbearance to the publique, In respect it was no forced conjecture that they have raised to themselves great profitt by such conversion. And the estate so seized to remain in the hands of the comiss. are ingaged by act of Assembly to be responsible for publique leavies.||Summary redress against sheriffs suspected of converting public levy to their own uses.|
|BE it enacted by the authoritie aforesaid, That George Minifie and Richard Bennet, Esquires, be imployed by themselves joyntly or severally or by any whom they shall think fitt in the behalfe of the collony for purchasing of powder and shott at the cheapest rates they can, And that they have power to receive of severall sherriffs all the present readie tobacco and dispose of the same for that purpose, but more especially that they or their assignes do provide the greater quantity of shott and lead in respect of the generall want thereof, And that the Governour and Council with them have power to dispose thereof, for the furnishing of the forts and setting out of marches as they shall think fitt: And that they the said Mr. Minifie and Mr. Bennet be responsible for the same at the next Assembly.||Certain commissioners to purchase powder and shot.|
|BE it enacted by the present Grand Assembly, That the act the last Assembly excepting servants, armes, amunition, and corn for present subsistance from the rigor of exec'n. be still in full force and power and so to continue till the twentieth of October next.||Servants, arms, &c. exempted from execution.|
|BE it enacted by the authoritie of this present Grand Assembly, with consent of Mr. Thomas Hampton, rector of James Cittie parish, in respect of the dangerous times and inconveniencies for the inhabitants of the east side of Archer's Hope Creeke to the head thereof and downe to Warham's ponds, to repaire to the parish church att James Citty, That they be a distinct parish of themselves or shall have power to adjoyne themselves to the parish of Martin's Hundred as they the said inhabitants shall find most convenient.||Certain inhabitants of James City parish may form a distinct parish on account of the danger of the times.|
HOLDEN ATT JAMES CITTY THE TWENTIETH OF NOVEMBER, 1645.
|The MS. from which the acts of this session were printed, is now in the library of Congress, at Washington.|
|The names of the Burgesses for the several plantations:|
|BE it enacted by the authority of the Governour, Council and Burgesses of this present Grand Assembly, That whereas the certain number of Burgesses for the severall countyes of this collony have been divers times augmented and lessened without any certain rule for the same: that hereafter for all ensueing Assemblies||Number of burgesses for each county limited.|
|* This is the first time that the county of Northumberland appears to have been represented in the General Assembly. The name did not occur till it was mentioned in the 9th act of the preceding session; and the county was probably formed by the Governor and Council during the recess of the Legislature. See note to act IX. of February, 1644-5.|
| no county shall exceed the number of 4 Burgesses, (except the county of James Cittie
onely, which shall elect 5 Burgesses for the said county and one for James Citty) And that the
election of all Burgesses be performed in those places where the county courts be held, (those
places excepted which are published by act of Assembly;) also the sherriffs shall give notice of
such elections to the severall inhabitants 6 days at least before the time of meeting to that
||No county to exceed four members, except Jas. City, which may
send 5 and the city one.|
Where election to be held.
Notice to be given.
|WHEREAS there hath been great abuse by the vnreasonable rates exacted by ordinary keepers, and retailers of wine and strong waters, Be it enacted that no person or persons whatsoever retailing wines or strong waters shall exact or take for any Spanish-wines (vizt.) Canary, Mallego, Sherry, Muskadine, Alegant or Tent above the rate of 30 pound of tob'o. per gall. And ffor Maderea and Fyall wine above 20 pound of tob'o. per gall. And for all ffrench wines above the rate of 15 lb. tob'o, per gall. Ad for the best sorte of all English strong waters above the rate of 80 lb. of tobacco per gall. and for aqua vitæ or brandy above the rate of 40 lb. tob'o. per gallon.|| Ordinary keepers rated. |
Prices of wines and strong waters.
|And if any person or persons retaileing wines or strong waters as aforesaid shall fraudulently mix or corrupt the same, Vpon complaint and due proofe made thereof before two commissioners whereof one to be of the quorum, The said commissioners shall by warrant vnder their hands comand the constables to stave the same, And if any shall take more then such rates sett they to be ffined at double the value of such rates soe exacted.||Penalty for fraudulently mixing wines or strong waters. |
For exceeding the rates.
|WHEREAS the carelesse stragling of many people hat exposed them to the slaughter of the enemie, Be it enacted, that the Leifts. and deputy Leifts. in the several precincts, shall hereby have power to restraine all such persons (as not being considerable||Inhabitants restrained from hunting in the woods or travelling abroad.|
|party to defend themselves) shall either hunt in the woods or travell abroad, and punish such as shall offend therein according to the nature of the offence.|
|TO rectifie the great abuse of millers, Be it enacted that no person or persons shall for the grinding any grayne that shall be brought vnto them take above the sixth part thereof for toll.||Millers not to take more than 1-6th part for toll.|
|WHEREAS it hath pleased his most excellent majestie to give instructions to the present Governor for the inlargement of the payment of powder paid by the shipps arriving in this collony, Be it therefore enacted that for this present yeare all shipps which have arrived since the Governor's last comeing in, or that shall arrive before midsumer next shall pay one halve pound of powder to the publique, for every tunne of there burthen, And be it alsoe enacted, That ll shipps arriveing after midsumer next shall pay to the publique 1-2 pound of powder and three pound of leaden shott or lead for every tunne of their burthen, and that this present act shall be affixed to the masts of all shipps arriving in this collony, to the intent that notice may be taken thereof.|| Additional tonnage on ships payable in
powder and shot. |
This act to be fixed to the head of the masts of all ships on their arrival.
|WHEREAS many vexatious suits have happened in this collony and much injury done especially vnto the estates of the deceased, and some absent persons by the accepting of acco'ts, and booke debts as good evidence and proofe for the recovering of debts which indeed were not justly due, Be it therefore enacted That noe booke debts or acc'ts. (not allready made) shall be pleadable in any court or courts of justice within this collony after 9 months from the original of the said debts, without speciality or writing vnder the hand or hands of any person or persons that shall be impleaded for the same, except a suit be commenc't, and a declaration||Limitation of actions on accounts and book debts, to 9 months.
|entered and fyled in the county court, where the debtor liveth within the said 9 months, Provided that this act shall only extend to such debts as shall be made withing this collony, and to such person & persons, debtors and creditors as shall inhabit and dwell within this collony.||To extend to inhabitants of, & debts contracted within the colony only.|
|WHEREAS many troublesom suits are multiplied by the vnskillfullness and coveteousness of attorneys, who have more intended their own profit and their inordinate lucre then the good and benefit of their clients: Be it therefore enacted, That all mercenary attorneys be wholly expelled from such office, except such suits as they have already vndertaken, and are now depending, and in case any person or persons shall offend contrary to this act to be fined at the discretion of the court.||All mercenary attornies to be expelled from office.|
| BE it enacted that no sherriff be compelled to receive any
debts of ffees of clerks or fferryments' wages or ffees of any other officers which do not
properly belong to his place (the secretaries and the clerke of the council their fees for the
precedent years only excepted.)
||Sheriff not bound to receive any clerk's fees or ferrymens's wages, &c. which do not belong to his place.|
|WHEREAS the estates of the deceased persons in this collony have been much wronged by the great charge and expences which have been brought in by the administrators thereof by pretence of their attendance at James Cittye and the distance of their habitations from thence, ffor remedy whereof, and because the abuses may be better knowne and prevented in the place where the decedent dwelt and the estates belonging to orphans and absent men may be better conserved. Be it enacted, That all administrations shall be granted at the county courts where such person or persons did reside or inhabitt, And all probats of wills there made and the wills recorded together with the appraisments,||All administrations to be granted at the county courts where the
deceased dwelt; |
And probate of wills, appraisments, inventories & accounts to be there had and allowed.
Commissioners to certify
| inventories and acco'ts. belonging to the same there examined and allowed, And
accordinglie as the comissioners of the said county courts shall see cause, to give certificate
to the secretaries-office at James Citty for a quietus est to be given to the administrators of
course, and likewise that all such administrations being granted and made there, be sent vp to
the said office to be exemplified vnder the seale of the collony.
|to the secretary's office for a quietus of admin'n.|
Administrations to be sent up to James City to be exemplified under the seal of the colony.
|WHEREAS the great distance of many parts of this collony from James Citty hath occasioned much trouble and charge to the inhabitants by their frequent repair thither for the dispatch of their buisnes in suits of law, it is thought fit and accordinglie enacted, that all causes of what value soever between party and party shall be tryed in the county courts by verdict of a jurie if either party shall desire it, which jurors shall be chosen of the most able men of the county who shall of course be empannelled by the sherriff for that purpose: but if the defendant before the hearing of the cause shall desire releife in equity, and to be heard in way of chancery, then the proceedings by the way of jury at common law shall be stayed vntil the other party have answered the particulars of his petition vpon oath and the cause heard accordingly: Vpon which hearing, The comissioners shall either proceed to make a final end, or decree in the said cause, or else finding noe such case of releife in equitie as was pretended, then to remit the cause back againe to be tryed by a jury as aforesaid: And the jurors to be kept from food and releife till they have agreed vpon their verdict according to the custome practised in England, Also it shall be lawfull for any person or persons haveing cause of equity to take out sumons vnder the hand of one of the comissioners of the quorum in way of subpœna to be entred in the Clerkes booke, commanding the appearance of any person or persons to answer the complaint of the plt. who shall exhibitt his petition, to which the defendant shall be bound to answer vpon oath as aforesaid, And the court is hereby authorized to appoint such times and orders as they shall think fitt ffor the hearing of all the aforesaid chancery causes, Be it alsoe enacted, That the clerkes of the courts shall|| County courts to have jurisdiction of all
causes at common law and in equity.|
Juries how empannelled.
To consist of the most able men.
Deft. before the trial may be heard in equity, and the trial at law suspended; if no cause for relief in equity the suit to be remitted to the common law side of the court.
Jurors to be kept from foot, &c.
Suit in chancery, how commence.
Bill or petition to be exhibited.
Answer on oath.
Records to be kept.
|from time to time keep records of the proceedings of all actions and causes aforesaid, and noe depositions shall be taken but in court, or before two of the comissioners the plt. and defend't being present or some appointed by the said plt. and deft.||Depositions, how taken.|
|BE it also enacted for the lessening of expense and trouble in courts, That if any person or persons will acknowledge vnder his or their hand or hands a judgment for his or their just debt or debts, and the same be entered by the clerke of the county court before one of the comissioners of the quorum in a booke to be kept for that purpose, Then such judgment shall be to equall binding as if given by the court, and execution to issue accordingly, And the clerkes fee for entering such judgments to be tenn pounds of tobacco & for an authenticall coppie thereof four pounds of tobacco.||Judgment may be confessed out of court by acknowledgment in writing.|
|BE it also enacted, That at midsumer and March courts a jury shall be empanelled in the severall county courts, to attend the said courts, to receive all presentments and informations, and to inquire of the breach of all penal laws and other crimes and misdemeanors not touching life or member, to present the same to the court, who are to determine thereof, or else if they shall see cause to transmitt the same to the Governour and Council.||Grand juries to be empannelled at midsummer and March co'ty courts.|
|BE it alsoe enacted, That appeales shall lie from county courts to quarter courts and from quarter courts to assembly as formerly hath been vsed, And a judgment being entred in any of the county courts and certified vnder the clerks hand into any other county, execution shall there issue as if judgment had been given in the same county.||Appeals to be as formerly.|
Judgment in one county, how execution to issue in another.
|WHEREAS the former course in awarding 20 in the hundred for default of appearance hath been found inconvenient, It is thought fitt that the same be repealed, and in stead thereof, Be it enacted, That all sheriffs shall take sufficient bayle of all persons arrested, with this condition to bring forth the body of the party arrested or perform the award of the court, And if the sherriff shall perform the award of the court, And if the sherriff shall neglect to take sufficient bayle of the party arrested, or otherwise consent to, or be cause of his escape, Then the said sheriff shall bee liable to pay the award of the court himselfe, But if the party arrested shall not appear to answer the suit, bayle being given, then judgment shall be awarded against the bayle, And the bayle soe condemned, (fi it be required) shall then have an attachment against the estate of the party soe arrested not appearinge, And the court following judgment therevpon: Allwaies provided that if the said bayle att the next court after the first impleading do bring forth the body or sufficient goods of the party soe arrested to satisfie the award of the court, The bayle shall be then acquitted, And the said comissioners shall be precisely tied to keep the days appointed for their meeting by former act of Assembly, and for no cause to alter the same, But it shall be lawfull for the comissioners to hold courts att other times if occasion require, And it shall be in the power of the Governour to appoint and nominate the clerkes of the county courts and their ffees for enteringe of all actions above the value of 1600 lb. of tob'o. or £10 sterl. as alsoe for other things which before this act belonged to the secretaries office provided they exceed not the ffees formerly allowed by act of Assembly.||Former law awarding damages for non appearance of def't.
Sheriff to take bail on arrests or be liable to the judgment of the court.
If the def't fail to appear, judgment to be entered against the bail.
Bail may have an attachment against the principal; or be discharged by surrendering him at the next court or producing sufficient of his goods.
Court to be punctually held on the days appointed.
Clerks of co'ty courts, how appointed.
|WHEREAS the anncient an vsual taxing of all people of this collony by the pole, equally, hath been found inconvenient and is become insupportable for the poorer sorte to beare, This Assembly haveing taken it into considerations have for their releife hereafter thought fitt to alter the same: Be it therefore enacted, That all publique leavies and county leavies be||General poll taxes abolished.|
|raised by equall proportions out of the visible estates in the collony, The conformity of the proportions to be as followeth, (vizt.)|
|Tax on property & tithables.|
|And for the better effectinge thereof, Be it enacted, That by the 25th of June next, a list be taken by some to be appointed for that purpose by the county courts in each county of all tithable persons, of all cowes above 3 yeare old, of all horses, mares and geldings of 3 years old and vpwards and of all breeding sheepe and goats in like manner, and that such lists be taken yearly at the same time (vizt.) the 25th of June and sent vnto the secretaries-office, Likewise that the treasurer shall yearly give in an account to the said office of all the particular parcells of land in each county at the same time of the 25th of June, soe that by this means the quantitye of land, tithable persons, horses, mares, geldings, cowes, sheepe and goats may be knowne in each county and consequently the totall in the county, which done, and the publique taxe knowne to the Assembly, the abovesaid proportions shall be augmented or diminished as occasion shall require.||When & how lists of taxable property and lands to be taken.|
|WHEREAS the Governor's vrgent occasions will not permit him to reside continually at James Citty and that in his absence no writ can issue forth, It is thought fitt and accordinglie enacted, That all writs shall issue out of the office vnder the seale as at this present they do, and since the Governor's goeing the last march have done.||Writs formerly issued in the name of the governor to issue under the seal of the office.|
|ACCORDING to his ma'ties. gracious bounty to this collony, expressed in his late royal letters, Be it enacted by the Governor, Council and Burgesses,||Quit rents to be applied first to the|
|of this present Grand Assembly That all the quitt rents for land due to his majesty in this collony be disposed as followeth (vizt.) ffirst allowing to the treasurer for the time being his salary of £. 500 per. ann. as the revenues shall amount thereto, and then what shall arise by surplussage the accompt thereof to be presented to the Governor and Council and then to be disposed of by the Assembly as they shall think fitt.||payment of the treasurer's salary; and the to be disposed of by the gen. assembly.|
|WHEREAS the earnest prosecution of the present warrs hath subjected this collony to an excessive charge wherein all person whatsoever inhabiting within this colony ought equally to be ingaged in respect the preservation of all depends therevpon, and that the warr is conceived to be a defensive warr wherein those of the Council are by his ms'ties instructions equally ingaged with the rest of the collony: Be it therefore enacted, That those of the Council aforesaid shall noe longer exempt their tenne men a peece from the charge of the said warr but shall equally contribute with the rest of the inhabitants, in all charge expended herein both for this present yeare and all the time that the said warr shall continue, excepting onely the fourteens alreadie agreed upon in the countys, which they are cleered from, in respect of what is allreadie done therein cannot be altered or intermedled with without much trouble.||The ten men of each councillor not to be exempted during the present war.|
|WHEREAS it is to be desired that all manufactors should be sett on work and encouraged in this collony, Be it enacted hereby, That all exportation of hides & leather be forbidden, vpon penaltie of the forfeiture of double the value of any hides and leather soe exported out of the collony, and the stay of any such vessel or vessels in which any of them shall be found, The halfe of which forfeiture shall be to the king: the other halfe to the informer.||Exportation of hides and leather prohibited.|
|THE Governor, Council and Burgesses of this present Grand Assembly having maturely weighed & considered how advantageous a quoine current would be to this collony, and the great wants and miseries which do daily happen vnto it by the sole dependency vpon tob'o. have at length resolved and enacted, and be it by the authoritie aforesaid enacted as the onely way to procure the said quoine and prevent the further miseries, That all peeces of eight in Spanish money be valued and taken in payment, att the rate of sixe shillings and all other Spanish silver quoines proportionably which shall be brought into the collony: And whereas it is conceived that the said quoine will not continue with vs vnless we have a leger quoine, Therefore serious consideration had of the many wayes tending to that effect, It was at length generally allowed, That a quoine of copper would be the most beneficial to, and with most ease procured by the collony, And that after proclamation made by the Governour and Council that all person or persons within this collony whether merchants or others do desist or leave off tradeing for tob'o. vpon the penaltie and forfeiture of the thing so bought or sold, The one moyetie whereof shall be and come to the informer, and the other to the benefit of the state.||Coins introduced. |
Spanish pieces of eight rated at 6s. each, and other Spanish coins proportionably.
Tobacco no longer a circulating medium.
|The quoine to be erected after this manner.|
|10000 lb. of copper to be bought by the publique at the rate of 18d. per lb. which amounts to £750 sterl. which to be paid in tob'o. at the rate of 1d. 1-2d. per lb. 120000 of tob'o. which being collected per pole accounting 5000 persons in this collony it comes to 24 lb of tob'o. per pole every pound of copper to make 20s. and to allow for the mintage 12d. per pound soe there will remain £9500 sterl. The mintage allowed and deducted. The stocke to be equallie divided amongst the adventurers to be quoined in two pences, three pences, sixe pences and nine pences, And if it shall happen at anytime hereafter that the aforesaid quoine be called in and not become currant, Yet the republique shall make good the quantity of so much (vizt.) £. 10000 to be levied per poll, And that it may be provided that this quoine may not be counterfeited and brought in, Beside the inflicting of capitall punishment vpon these||Copper, how to be procured. |
To be coined in 2d, 3d, 6d & 9d pieces.
If called in and become not current the republic to make it good.
Counterfeits, how guarded against.
|who shall be found delinquents therein, That vppon every peece of coyne there be two rings, The one for the motto, The other to receave a new impression which shall be stampted yearly with some new ffigure, by one appointed for that purpose in each county, And that the hon'ble. Sir William Berkeley, Knt. Gov'r. shall have the disposall and placing of such sand soe manie officers as shall be necessarilye required for performing and finishing the aforesaid service, Onely Capt. John Upton is hereby confirmed Mint master Generall: Wee reposing much confidence in his care, ability and trust for the performance of the said office.||Devices. |
Mint master general.
|The Assembly is prorogued vntill the ffirst of March next, and then in a full meeting to be had concerning the same.||Prorogation of assembly.|
|Pages 262-282||Pages 309-338|