|Pages 282-309||Pages 339-368|
|[MARCH, 1645-6 −−− SECOND SESSION.(a)]|
|WHEREAS it was enacted at a Grand Assembly bearing date the second of March 1642, concerning the church government, That the church-wardens of every parish respectively should deliver in a true presentment in writeing of such misdemeanors as to their knowledge have been comitted the yeare before, in that time whilst they were church-wardens, Namely swearing, prophaning God's name and his holy Sabbaths, abuseing his holy word and comandments, contemning his holy sacraments or any thing belonging to his service or worship, It is now further enacted by this present Grand Assembly, That the said church wardens||Church wardens to present certain offences not only from their own knowledge, but from information of others.|
|[a] The words included thus [ ] have been introduced by the Editor; because this is evidently a second session of the Grand Assembly, as appears not only from the prorogation above mention, but from the circumstance that several of the acts of this session speak of those of November, 1645, as of the "first sessions." See act VII and VIII of this collection.|
|shall not onely present their knowledge of the said misdemeanors, but all persons of evil ffame for the said offences.|
|WHEREAS also by the 5th article of the said act it was likewise enacted, That if any person or persons of what degree or condition soever should abuse themselves with the high and fowle offences of adultery, whoredom or fornication or with the loathsome sinne of drunkeness in the abuse of God's creatures, that of those and every of those the said church-wardens should make a true presentment. It is now further enacted, That if any church-warden shall faile in the makeing of their due presentments to the county courts respectively that the comissioners do impose a mulkt or ffine for all and every such neglect; And in case the comissioners shall be remiss in imposeing a mulkt or fine vpon the church-wardens soe neglecting or in punishing offenders after presentation according to the meritt of the cause, that then the comissioners, vpon complaint made shall be finable att the discretion of the Governour and Council, and that the 7th article of the first act of the 17th Feb. 1644* concerninge the punishment of the negligence of church-wardens be from henceforth repealed.||Adultery, whoredom, fornication & drunkenness to be presented by
church wardens. |
Fro neglect to be fined by co'ty courts.
Courts neglecting, to be fined by gov. and council.
Former law repealed.
|WHEREAS it was enacted at a Grand Assembly held the 2d of 8br. 1644, That the charges & ffees of the King's prisoners should be defrayed by the severall countys respectively where such prisoners shall be apprehended in case the said prisoners should be found guilty and if not guilty that then they should bear their owne charges; and the same should continue in force till the next Assembly, This present Grand Assembly to all intents and purposes do confirm the said act with this addition and proviso, that any of his ma'ties prisoners being found guilty of an accusation||Act third of Oct. 1644, confirmed with an amendment.|
|* Act VI. of Feb. 1644-5.|
|not tending to his live shall beare his owne charges & discharge the ffees, any thing in that act to the contrary notwithstanding.|
|WHEREAS it was enacted by the 6th* act of the Grand Assembly held the 2d of October, 1644, That all charges and disbursments for the cure of hurt men and horses, for boats lost or damnified, boats hire, provision, or ammunition imployed in the publique service, or any other charge therein accrewing, should be presented to the severall county courts where they who have expended any such charges did then reside, and that the comissioners should allow what they conceived reasonable and raise particular levies in the said severall counties for satisfaction thereof to be made to the disbursers, and that the said act should continue till the next Assembly, Be it now enacted for explanation of the said act and in stead thereof, That what soldiers shall be pressed for the publique service, In case they shall be hurt or maymed vpon the service, the county from whence the soldier was pressed shall take care and defray the charge of his cure, and in case of mayme thereby disabling him from labor, That the countyes respectively shall take care for the maintenance of such soldiers at the discretion of the comissioners who are hereby authorized to raise leavies in the counties for the aforesaid vses, And this to continue during the warr: And that the 11th act of the said Assembly concerning the provision for maymed soldiers be from henceforth repealed.||Act of Oct 1644 explained. |
Soldiers pressed for public service and wounded, how provided for.
WHEREAS it was enacted the 12th of June, 1641, and continued by an act 17th of February 1644, That all ministers should preach in the forenoon and catechise in the afternoon of every Sonday, And in case they should faile soe to doe, that then they forfeit
|Masters of families failing to send their children to be instructed and catechised by the minister, how punished.|
|* Arranged as act IV in this collection|
|500 lb. of tob'o. to be disposed off by the vestry for the vse of the parish: Be it now further enacted, That all masters of ffamilies vpon warning given by the ministers in the severall places where they shall officiate, do cause their children and servants to repaire to the places appointed to be instructed and catechised as aforesaid vpon the like penaltie that is imposed on the minister, in case of his defeult, to be disposed as aforesaid, vnles sufficient cause be shewn to the contrary.|
|BE it enacted by this present Grand Assembly and the authoritie thereof that the 12th* act of the Grand Assembly held the 2d of March, 1642, concerninge the payment of powder and shott &c. by the masters of ships to the ffort be repealed, and that the 5th act of the first sessions of this Assembly be and remaine in full force power and vertue.||The 9th act of 1642 repealed & the 5th act of Nov. 1645 concerning fort duties made perpetual.|
|WHEREAS by the 6th act of the first sessions of this present Grand Assembly, It was enacted for the avoiding of many vexatious suits which have happened in the collony by accepting of accompts and broken debts, which indeed were not justly due, that no booke debts or accounts should be pleadable in any court of justice within this collony, after 9 months after this instant, March, without specialty or writeing vnder the hand or hands of such person or persons that shall be impleaded for the same vnles a suit be commenced, and a declaration entred and fyled in the county court where the defend't liveth within the said nine months, Provided that the said act should only extend to such debts as should be made within the collony, It is now further enacted, That is respect of the necessitie of the collony, for want of a coine, That officers belonging to the courts of justice as the secretary, clerke and sheriffs should give credit for dispatches belonging||Act 6th of Nov. 1645, limiting actions on accounts and book debts
to 9 months not to extend to certain officers of court. |
Secretary, clerk & sheriff to give credit and their fees recoverable.
| * Act
IX. in this collection.|
Ante pa. 301 arranged as act V. of Nov. 1645
|to and executing their offices and places, And that their accounts for execution of their places be pleadable and recoverable, any thing in this act to the contrary notwithstanding.|
| BE it enacted by the present Grand Assembly, That the
74th* act of the Grand Assembly held the 2d of March, 1743, lycenseing attorneys
bee from henceforth repealed, and that the 7th act of the first sessions of this present Grand
Assemblie be in full force and power.
||The 61st act of 1642 concerning attornies repealed and the 7th act of Nov. 1645 made perpetual.|
|WHEREAS it was enacted by the 8th act of the first sessions of this present Grand Assembly, That no sherriff should be compelled to receive any debts or ffees of clerkes or fferrymens' wages or ffees of any other officers, which do not properly belong to their places, The secretaries and the clerke of the council's ffees for the precedent years onely excepted, which act was grounded vpon the hopeful expectation of a currant coyne, to be made in the collony, which cannot be soe readily effected as was then expected, Wherefore this present Grand Assembly have thought fitt and accordingly enacted. That the sheriffs be compelled to collect the secretaries and clerke of the council ffees, and the clerke or clerks belonging to the Governour and Council as formerly, But that they shall not otherwise receive the clerks of county courts their ffees or fferymens' wages without an allowance or salary for their paines, And this act to continue in force till there be an allowed coine made in the collony, any thing in the said act to the contrary notwithstanding.||The 8th act of last session amended. |
What fees sheriffs to collect.
Continuance of this act.
|WHEREAS by a certaine clause in the Xth at of the first sessions of this present Grand Assembly concerning the county courts proceedings it was||Allowance to jurors.|
| * Act
LXI. of this collection.|
Act VIII. of this collection.
|then and there enacted, that all causes of what value soever, should be tried in the county courts by the verdict of a jury (if either party should desire it, except what is there excepted) It is now further enacted by this present Grand Assembly that all such, either plts. or defend'ts who shall desire jurors, to decide their causes or differnces shall pay and allow vnto the said jurors 72 lb. tob'o. per cause, And that during the time they shall be debatinge the cause of such plt. or defendant (after their charge delivered them by the board) neither plt. or defendant shall have priviledge to be admitted to them or entertained in discourse concerning the cause in tryall.||Their demeanor.|
|WHEREAS it was enacted by the 9th* act of Assembly held the 17th ffebruary, 1644 for avoiding many causeless suits of law, That where any suit shall be comenced either in quarter court or county court, that if the deft. had either bill, bond or accompt of the plts. wherein he proved him debtor, That in such cases the courts should ballance acco'ts consideration being had and allowance given to the plt. for his charges who first began his suit, as also to the time when such bills, bonds and acco'ts. were due; to be compared to the accompt in ballance, And that the said act should continue in force till the next Assembly, This present Grand Assembly to all intents and purposes doth confirm the said act, Provided that no bills or acco'ts. whatsoever be passed or assigned over without the knowledge of both parties.||Act of Feb. 1644-5, concerning discounts and set-offs made
No assignment of bills, &c. to be made without the knowledge of both parties.
|BE it enacted by this present Grand Assembly that the 91th act of the first sessions of this present Grand Assembly prohibiting the transportation of hides and leather out of the collony be from henceforth repealed and made void.|
|* Act XVI. of this collection.|
|BE it enacted for the defence of the inhabitants on the southside of James River and the prevention of the great releife and subsistance to the Salvages by ffishing in Bristoll alias Appomattocke River, as also for the cutting down their corne or performeing any other service vpon them, That there be a ffort forthwith erected, att the Falls of the said Appomattock River, nominated fforte Henry, and forty-five soldiers raised from the inhabitants from Basses choyce vpwards, including the said Basses choice: All which soldiers are to bee raised by the leu'ts. and deputy Leu'ts. within the said lymitt either by presse or otherwise as the Leu'ts. and deputy Leu'ts shall think fitt, from the inhabitants resideing within the said precincts proportionably, that is to say, Henrico 3, Charles Citty 12, James Citty 15, Isle of Wight 15, which said Leiuet's and deputy Leu'ts are authorized to leavie armes, ammunition and all other things necessary for the service, as well for the building of the ffort as otherwise: And it is further enacted that the inhabitants within the lower parish of Isle of Wight county and the Vpper and Lower Norff. counties do vndertake the warr against the Nansimum Indians, or any other neighbouring Indians, by cutting vp their corne and doing or performing any act or acts of hostility against them, And that they have power (if it be thought fitt by the Lefts. and deputy Lefts. within the said countie) to erect a forte within the said countyes, And it is further thought fitt, that the charge of the said warr in all the aforesaid lymitts be leavied proportionably from the inhabitants of the south side of James River, And that the same salary be allowed to the officers respectively of the ffort Henry that the officers of the fortes on the north side of the rive had and enjoyed the last year by vertue of the 3d act of the 17th of ffeb: 1644, with the like priviledge to the Capt. to elect his inferior officers, And that the Leu'ts. and dept. Leu'ts. do take are to provide a sufficient chirurgeon for the said forte.||Fort Henry, at the falls of Appomattox to be
Number of men.
Arms, &c. how obtained.
War against the Nansimum Indians.
How the expense to be paid.
Pay of officers of the fort.
Surgeon to be employed.
|BE it enacted by this present Grand Assembly, That his ma'ties treasurer do receave the quitt rents in tob'o. at the rate of 3d. per pound. It being conceived the value of the comoditie at present.||Quit rents receivable in tobacco at 3d. per lb.|
|WHEREAS by the 9th act of Assembly held the 21st of October, 1630, consideration being had and taken of the imoderate and excessive rates and prices exacted by practitioners in physick and chyrurgery and the complaints made to the then Assembly of the bad consequence thereof, It so happening through the said intollerable exactions that the hearts of divers masters were hardened rather to suffer their servants to perish for want of fitt meanes and applications then by seeking releife to fall into the hand of griping and avaricious men, It be apprehended by such masters who were more swayed by politick respects then Xpian* duty or charity, That it was the more gainfull and saving way to stand to the hazard of their servants then to entertain the certain charge of a physitian or chirurgeon whose demands for the most parte exceed the purchase of the patient, It was therefore enacted for the better redress of the like abuses thereafter vntil some fitter course should bee advised on, for the regulating phisitians and chirurgeon either to the quarter court or county court where they inhabitt, where the said phisitian should declare vpon oath the true value worth and quantity of his druggs and medicines adminstred to or for the vse of the plt. wherevpon the court where the matter was tryed was to adjudge and allow to the said phisitian or chirurgeon such satisfaction and reward as they in their discretions should think fitt, And it was further ordered that when it should be sufficiently proved in any of the said courts that a physitian or chirurgeon had neglected his patient, or that||Former act compelling physicians & surgeons to declare on oath
the value of their drugs and medicines, revived. |
Courts may allow what is reasonable.
Penalty of physicians & surgeons.
| * Christian. |
|he had refused, being thereunto required, his helpe and assistance to any person or persons in sicknes or extremity, That the said phisitian or chirurgeon should be censured by the said court for such his neglect or refuseall, which said act and every clause therein mentioned and repeated, this present Grand Assembly to all intents and purposes doth revive, ratifie, allow and confirme with this only exception that the plts. or patients shall have their remedie at the county courts respectively, vnless in case of appeale.||neglecting their patients or refusing assistance. |
Jurisdiction given county courts.
|WHEREAS by a Grand Assembly held the 17th of Feb. 1644, It was then enacted by the consent of Mr. Thos. Hampton, rector of Ja: Citty parish, That the inhabitants of the east side of Archers hope creeke to the head thereof, and downe to Warehams ponds, should be a distinct parish of themselves, Bee it now further enacted by the authoritye to his present Grand Assembly, That the said parish be nominated and called by the name of Harrop parish.||Harrop parish established.|
|BE it enacted by this present Grand Assembly that the 25th* act of the Grand Assembly held the second of March, 1642, injoyning sufficient and legall demands to be made before any suits should be commenced, be from henceforth repealed and made void, And in stead thereof be it enacted by the authoritye aforesaid that the creditor's oath shall be a sufficient proofe whether or no the debt in question were first demanded before the suit commenced.||Former act requiring proof of a demand before suit brought repealed and the creditor's oath sufficient.|
|WHEREAS the Governor, Council and Burgesses of this present Grand Assembly have maturely weighed and considered the great and vast expence of||Arrangements for an expedition against the Indians|
|* Act XLIV. in this collection.|
|the collony, in prosecuting the warr against our comon enemies the Indians, and the almost impossibillity of a further revenge vpon them, they being dispersed and driven from their townes and habitations, lurking vp & downe the woods in small numbers, And that a peace (if honourably obtained) would conduce to the better being and comoditie of the country, have enacted, and b e it therefore enacted by the authority aforesaid, That three-score men be forthwith raised on the north side of James River, well provided with fixed guns, shott baggs and swords, That is to say, from Henrico 2 men, Charles Citty county 4, James Citty countye 13, Yorke county 16, Warwick county eight, Eliz. Citty county 8, and Northampton county 9 −−− All which said men shall march vnder and be obedient to the command of Leift. Fra: Poythers in the manageing of any occasionall warr, And that vpon all emergent occasions in the treaty for the accomodation of a peace the said Leift. ffrancis Poythers shall follow the advice of Capt. Henry ffleet, And that the said Capt Henry Fleet shall according to his vndertakeing and propositions made to the Grand Assembly provide and make readie his barque, boat and shallop, victualls and men for the manageing of the said vessells for the space of sixe weeks, And three hundred pound of powder and 1200 lb. of shott or bulletts for the said sixty men to be employed in the service, att his owne proper costs and charges, As alsoe all such nailes, axes, hoes, spades, & other necessaries for the service as occasion shall require, the charge of which shall be borne and defrayed by the publique leavye, And that the said 60 soldiers be raised by the Leift. and deputy Leifts. of the said severall countyes respectively in the severall precincts who are to repaire to their rendevouze at Kickotan on the 20th of Aprill next well appointed as aforesaid, And further be it enacted, That Mr. Cornelius Lloyd and Mr. Antho: Elliot shall forthwith putt in security (according to the present vndertakeing) to provide and make readie att the tyme aforesaid 2520 lb. of beefe and porke sufficiently salted and packt in caske, and 2520 lb. of bread or sifted meale and 40 bushells of peas in caske or the valew in bread and meale, In consideration whereof they shall receive 15000 lb. of tobacco to be raised by the next publique leavie, out of such county or countys as they shall desire. And that|
Number of men.
From what counties.
|Capt. Henry Fleet in satisfaction of his charge and disbursement shall receive the summe of 15000 lb. of tob'o. to be likewise raysed at the next Leavie, Provided allwayes that in case he do not effect the aforesaid intended peace with the Oppechankeno or his Indians our enemies, that then he shall beare all such charges and disbursements without any consideration or satisfaction from the publique, And if it shall soe happen that a peace may not or cannot be concluded, that then they the said fleet and Poythers shall erect and biuld a forte in any convenient place in Rappahannock River, or before if they shall soe think fitt, And follow such further instructions as shall be given them, by this Grand Assembly or the Governour and council.|
|BE it enacted by the Governour, Council and Burgesses of this present Grand Assembly that no merchant whatsoever shall retayle wine or strong waters within the corporation of James Cittye or the Island, And that no ordnary keeper that shall be licensed for the retayling of wines or other strong liquors do exceed the rates and prices allreadie sett therevpon, or sophisticate the same vpon penalty of such fyne to be imposed vpon them by the commissioners of the county courts respectively as they shall thinke fitt.||No merchant to retail wine or strong waters within the
corporation of J. City.|
Tavern keepers to be governed by rates already established.
|BE it enacted by the authoritie aforesaid, That the 8th act of the Grand Assembly held the first of March, 1643, requireing all lead to be melted and imployed for the making of shott be from henceforth repealed and made void.||Former act repealed.|
|BE it enacted by this present Grand Aseembly and the authority of the same, That all levies that shall accrew due from the publique shall be satisfied by the last of November following, And in case of nonpayment||When levies payable.|
Sheriffs may distrain.
|that the sherriffs be enabled to make seizure of the tob'o. of the delinquents which in all probability will not be disposed of before that time whereby the publique credit may be better preserved and the creditors fully satisfied in kind: And further it is enacted and confirmed that no leavies be raised within the collony but by a Generall Grand Assembly.||No levies to be raised but by a grand assembly.|
|BE it enacted by this Grand Assembly, That if any of the Capts. of the severall forts respectively, shall at any time presse any necessary tooles from the inhabitants for the publique service and not returne the same againe, that then they the said Capts. or any of them shall for such default be liable to make the owners satisfaction for the tooles soe pressed, vpon complaint made to any county court, and that they shall seek their releife from the publique.||Captains of forts pressing tools &c. to return them to the owners or be liable.|
|WHEREAS his ma'tie by vertue of his hignesse writ vnder is signet and signe manuall dated the 4th of October, 1644, hat comanded that some course be taken, for the allowance and confirmation of a salary to Capt. Robert Morrison Leift. of the fort att Poynt Comfort, to be paid out of his ma'ties treasure, It is therefore thought fit and accordingly enacted by the Governour, Council and Burgesses of this present Grand Assembly, That the quitt rents and rents by leases now vnreceived for Northampton county from time to time paid vnto the said Capt. Morrison or his assignes during his continuance in the said office, The rents of which said county the said Capt. Morrison hath accepted as a sufficient recompence for his entertainment and salary, And all acco'ts. and orders both for collection and distresse to extend as well to the said Morrison or his agents as well as to the treasurer, any thing in the 17th act of this first sessions of Assembly notwithstanding.||Salary of Capt. Morrison at Point Comfort.|
323 [this page should have been numbered 321]
|WHEREAS Leift. Nicho: Stillwell and others of this collony have secretly conveyed themselves to Maryland or Kent; And divers others ingaged persons likely to follow, if timely prevention be not had therein, Be it therefore enacted, That Capt. Tho: Willoughby, Esq. and Capt. Edward Hill be hereby authorised to go to Maryland or Kent to demand the returne of such persons who are allreadie departed from the collony, And to follow such further instructions as shall be given them by the Governour and the Council, and that a proclamation do forthwith issue from the Governour and Council to prohibitt the further departure of any the inhabitants of the collony, Vpon penaltie of seveere censure to be inflicted by the Governour and Council.||Commis's to go to Maryland to demand certain persons who had
removed thither. |
Penalty for departing from the colony without leave.
|BE it enacted by this present Grand Assembly that the county of Vpper Norff: be from henceforth nominated and called the County of Nansimum.||Name of Upper Norf. changed to Nansimum county.|
BEGUNNE AT JAMES CITTIE THE 5TH OF OCTOBER, 1646.
|The MS. from which the acts of this session were printed, is now in the library of Congress at Washington.|
|The Burgesses names of the severall countys:|
|Art. 1. BE it enacted by this Grand Assembly, That the articles of peace foll: between the inhabitants of this collony, and Necotowance King of the Indians bee duely & inviolably observed vpon the penaltie within mentioned as followeth:||Treaty of peace with Necotowance, king of the Indians.|
|Imp. That Necotowance do acknowledge to hold his kingdome from the King's Ma'tie of England, and that his successors be appointed or confirmed by the King's Governours from time to time, And on the other side, This Assembly on the behalfe of the collony, doth, vndertake to protect him or them against any rebells or other enemies whatsoever, and as an acknowledgment and tribute for such protection, the said Necotowance and his successors are to pay vnto the King's Govern'r. the number of twenty beaver skins att the goeing away of Geese yearely.|| He acknowledges to hold his kingdom of the
king of England.|
His successors appointed or confirmed by the Governor.
| Art. 2. That it shall be free for the said Necotowance and his
people, to inhabit and hunt on the northside
||Indians to dwell on north side of York river.|
| * Formerly "Upper Norfolk," and changed
to "Nansimum," by the last act of the preceding session.|
The articles of this treaty are numbered in the margin in the MS.
|of Yorke River, without any interruption from the English. Provided that if hereafter, it shall be thought fitt by the Governor and Council to permitt any English to inhabitt from Poropotanke downewards, that first Necotowance be acquainted therewith.|
|Art. 3. That Necotowance and his people leave free that tract of land betweene Yorke river and James river, from the falls of both the rivers to Kequotan, to the English to inhabitt on, and that neither he the said Necotowance nor any Indians do repaire to or make any abode vpon the said tract of land, vpon paine of death, and it shall be lawfull for any person to kill any such Indian, And in case any sch Indian or Indians being seen vpon the said tract of land shall make an escape, That the said Necotowance shall vppon demand deliver the said Indian or Indians to the Englishmen, vpon knowledge had of him or them, vnles such Indian or Indians be sent vpon a message from the said Necotowance.||The Indians cede to the English all the lands between the falls
of the James and York rivers downwards to Kequotan.|
Death for an Indian to be seen upon this land unless sent as a messenger.
|And to the intent to avoid all injury to such a messenger, and that no ignorance may be pretended to such as shall offer any outrage, It is thought fitt and hereby enacted, That the badge worne by a messenger, or, in case there shall be more than one, by one of the company, be a coate of striped stuffe which is to be left by the messenger from time to time so often as he shall returne at the places appointed for coming in.||Badge of messengers, a striped coat.|
|Art. 4. And it is further enacted, That in case any English shall repaire contrary to the articles agreed vpon, to the said north side of Yorke river, such persons soe offending, being lawfully convicted, be adjudged as felons; Provided that this article shall not extend to such persons who by stresse of weather are forced vpon the said land, Provided alsoe and it is agreed by the said Necotowance, that it may be lawfull for any Englishman to goe over to the said north side haveing occasion to fall timber trees or cut sedge, soe as the said persons have warr't for theyre soe doeing vnder the hand of the Gov. Provided alsoe notwitstandinge any thing in this act to the contrary, That it shall bee free and lawfull for any English whatsoever between this present day and the first of March next t kill and bring away what cattle or hoggs that they can by any||Felony for an Englishman to be found on the Indian's hunting
|meanes kill or take vpon the said north side of the said river.|
|Art. 5. And it is further enacted that neither for the said Necotowance nor any of his people, do frequent come in to hunt or make any abode nearer the English plantations then the lymits of Yapin the black water, and from the head of the black water vpon a straite line to the old Monakin Towne, vpon such paine and penaltie as aforesaid.||Limits of hunting ground.|
|Art 6. And it is further ordered enacted that if any English do entertain any Indian or Indians or doe conceale any Indian or Indians that shall come within the said limits, such persons being lawfully convicted thereof shall suffer death as in case of felony, without benefit of clergy, excepted such as shall be authorized thereto by vertue of this act.||Death for an Englishman to entertain or conceal an Indian.|
|Art. 7. And it is further enacted that the said Necotowance and his people vpon all occasions of message to the Gov'r. for trade, doe repaire vnto the ffort Royall onely on the north side, at which place they are to receive the aforesaid badges, which shall shew them to be messengers, and therefore to be freed from all injury in their passage to the Governor, vpon payne of death to any person or persons whatsoever that shall kill them, the badge being worn by one of the company, And in case of any other affront, the offence to be punished according to the quality thereof, and the trade admitted as aforesaid to the said Necotowance and his people with the commander of the said ffort onely on the north side.||Badges of messengers to be received at Fort Royal for the north
Death to kill a messenger or one of his party.
Penalty for other injuries.
Where trade admitted.
|Art. 8. And it is further thought fitt and enacted, that vpon any occasion of message to the Gov'r. or trade, The said Necotowance and his people the Indians doe repair to fforte Henery alias Appamattucke fforte, or to the house of Capt. John ffloud, and to no other place or places of the south side of the river, att which places the aforesayd badges of striped stuff are to be and remaine.||Badges, &c. to be received at Fort Henry for the south side.|
|Art. 9. And it is further thought fitt and enacted, That Necotowance doe with all convenience bring in the English prisoners, And all such negroes and guns which are yet remaining either in the possession of||English prisoners negroes, and guns to be delivered up.|
|himselfe or any Indians, and that here deliver vpon demand such Indian servants as have been taken prisoners and shall hereafter run away, In case such Indian or Indians shall be found within the limitts of his dominions; provided that such Indian or Indians be vnder the age of twelve years at theire running away.||Provisions for delivering up Indian servants running away.|
|Art. 10. and it is further enacted & consented, That such Indian children as shall or will freely and voluntarily come in and live with the English, may remain without breach of the articles of peace provided they be not above twelve yeares old.||Indian children under 12 years of age may live with the English.|
|Art. 11. And it is further thought fitt and enacted That the several commanders of the fforts and places as aforesaid vnto which the said Indians as aforesaid are admitted to repaire, In case of trade or Message doe forthwith provide the said coats in manner striped as aforesaid.||Commanders of forts to provide the striped coats.|
|AND whereas the maintayneing of the fforts, at least the greater number of them are thought to be of great consequence, In poynt of honour and security of the collony, and yet of great burthen to the inhabitants to be mainteyened by the publique charge, Be it therefore enacted, That the said fortes with the propriety of a competent quantity of land bee granted to particular undertakers, to be maintayned by the severall vndertakers, with a sufficient strength of people, with such priviledges for theire encouragement herein as are hereafter mentioned, Be it therefore enacted, That Capt. Abraham Wood whose service hath been employed att fforte Henery, be the vndertaker for the said fforte, vnto whome is granted sixe hundred acres of land for him and his heires for ever; with all houses and edifices belonging to the said fforte, with all boats and amunition att present belonging to the said fforte, Provided that he the said Capt. Wood do maintayne and keep ten men constantly vpon the said place for the terme of three yeares, duringe which time he the said Capt. Wood is exempted from all publique taxes for himselfe and the said tenn persons: And whereas Mr. Thomas Pitt hath a former grant for the said land||Propriety of forts, and land adjoining granted to individuals on
condition of their keeping them supplied with men, &c.|
Grant of fort Henry to Capt. Wood.
Compensation to a former
|whereon the forte is built, As alsoe part of the said land hereby granted, it is thought fitt and enacted, That the said Thomas Pitt shall receive a reasonable satisfaction of the countrey for the same.||proprietor.|
|And it is further enacted and granted, That left. Thomas Rolfe shall have and enjoy for himselfe and his heires for ever ffort James alias Chickahominy fort with fowre hundred acres of land adjoyning to the same, with all houses and edifices belonging to the said forte and all boats and amunition at present belonging to the said ffort; Provided that he the said Leift. Rolfe doe keepe and maintaine sixe men vpon the place duringe the terme and time of three yeares, for which tyme he the said Leift. Rolfe for himselfe and the said sixe men are exempted from publique taxes.||Grant of Fort Ja's to lieut. Thos. Rolfe.|
|And it is further enacted, That Capt. Roger Marshall shall have and enjoy for himselfe and his heires for ever the ffort Royall alias Ricahack ffort with sixe hundred acres of land adjoyning to the same, with all houses and edifices belonging to the said forte and all boats and amunition belonging to the said ffort; provided that he said Capt. Marshall shall keepe and maintayne ten men vpon the place during the terme and time of three yeares, during which time he the said Capt. Marshall for himselfe and the said tem men are exempted from publique taxes.||Grant of Fort Royal to Capt. Roger Marshall.|
|And whereas there is no plantable land adjoyning to ffort Charles, And therefore no encouragement for any vndertaker to maintaine the same, It is therefore thought fitt and inacted, That if any person or persons purchaseing the right of Capt. Thomas Harris shall or will seate or inhabitt on the south side of James River right opposite to the said ffort, soe it be done this or the ensueing yeare, That hee or they so vndertakeing as aforesaid shall have and enjoy the houseing belonging to the said ffort for the vse of timber, or by burning them for the nailes or otherwise, as also shall be exempted from the publique taxes for the terme of three yeares provided that the number exceed not tenn, as also shall have and enjoy the boats and ammunition belonging to the said ffort.||Upon what terms Fort Charles may be held, there being no arable land adjoining.|
|BE it also inacted that Capt. John ffloud be interpreter for the collony, and that for his service therein and transporting such Indians as shall be employed from time to tyme to the Gov'r. in message or otherwise, he to be allowed from the publique the salary of four thousand pounds of tob'o. yeerly.||Interpreter for the colony. His salary.|
|WHEREAS by Act of Assembly, 1642, It was inacted concerning Ministers' duties that every tithable person within their severall parishes respectively should pay vnto their minister tenne pounds of tob'o. per poll: Be it now therefore inacted vpon consideration that divers parishes are become very small by reason of the said masacre, and payment by consequence according to the aforesaid rate, of non-sufficiency to support the ministers; That it shall be lawfull for the vestrys of the severall parishes to augment the aforesaid rate of tenne puands of tob'o. per poll to such competency as they in their discretion shall think fitt.||Ministers' salary of 10 lb. of tobacco per poll may be augmented at the discretion of the vestry.|
|WHEREAS many losses are lately received by the inhabitants by reason of wolves which do haunt and frequent their plantations; ffor the better prevention and for the destroying of them, It is inacted that what person soever shall after publication hereof kill a wolfe and bring in the head to any comissioner vpon certificate of the said comissioner to the county court he or they shall receive one hundred pounds of tob'o. for soe doeing to be raysed out of the county where the wolfe is killed.||Reward for killing wolves, 100 lb. tobacco each.|
|WHEREAS it is inacted and consented by the articles of peace with the Indians that none of the inhabitants shall seate or inhabitt on the north side of Yorke River vntil further order therein notwithstanding any former grant of land or proviso in any||Proviso in grants for seating within 3 years to be extended and interpreted|
|grant to the contrary, Be it inacted, That all former grants be continued and confirmed to the grantees, & that the proviso in their severall grants for seating in three yeares be interpreted to beginne from the tyme of leave being granted to seate vpon the north side, And whereas divers of the inhabitants by authority, and other to avoid imminent danger from the enemie, were compelled to relinquish their plantations vpon occasion of the late masacre, It is inacted and confirmed that the proprietors of the said land relinquished as aforesaid have time given and allowed him vntil the 20th of December 1647 to make sale or seating of the said lands, and that no grant be made in the interim to the prejudice of any such proprietor.|| to mean three years after leave given to seat on the north side
of York river, in consequence of the treaty with the Indians.|
Proprietors in consequence of the late masacre having vacated their lands, allowed a further time to seat them.
|BE it inacted, that the officers and soldiers belonging to the severall ffortes do continue their service in their places respectively vntil the last day of 9br. next, And that the payment be made them by theire severall sherr's. according to the act of this present Assembly in that case provided.||Officers and soldiers to continue in service till the last day of Dec.|
|WHEREAS it is conceived that there is great defect in the tithable persons, lands, horses, mares, &c. to the prejudice of many who have duely and according to law presented their lists, Be it therefore inacted, as well for the rectifying of the said abuse now done or comitted as for the preventing of the like hereafter, That the comissioners of the severall county courts respectively doe, at their next county court after the publication hereof, appointe some able and discreet person for the takeing of a new list of all the tithable persons, lands, horses, mares, &c. and returne the same to the said com'rs. who are required by the clerks of theire severall courts to present the same to the next Grand Assembly, And it is further inacted that such persons who have concealed the number of their persons tithable, lands, horses, mares &c. shall for every tithable person, lands, &c. pay double the rate that this present Grand Assembly hath assessed, and where||New commissioners to be appointed to take lists of taxable
To be presented to the next grand assembly.
For concealing taxable property double taxes.
|it shall appear that the list of private persons have not been demanded of them by the officers appointed for that purpose, that such persons not withstanding shall pay the aforesaid assessment with forbearance eight per cent. to be disposed of by the next Grand Assembly: And it is further inacted, That for the future what persons soever shall give any false lists to the officer appointed to take the same shall forfeit trebble the quantity due for his publique levys.||Where lists not demanded taxes notwithstanding to be
For giving in false lists treble taxes.
|BE it further enacted, That no sherr: or sherriffs whatsoever doe receive either his owne or other officers' fees due, or sallary, nor any debt belonging to private persons before payment be made by the party of the publique and county leavy, vpon the penalty of 1000 lb. of tobacco for every sherriff or sherriffs that shall do and receive any tob'o. contrary to the tenor hereof.||Public and county levies to be first received by sheriffs.
Penalty for acting otherwise.
|FFOR the better prevention of all corruption, partiallity and injustice, Be it inacted, That noe comissioner, sherriff, or any other subordinate officer shall pleade, or be received to plead, as an attorney in any cause, in any court to which the said comissioner, sherriff, clerk or other subordinate officer do belong (vizt.) In any such case where the party for whom he or they shall appeare as attorney be resideing in the collony.||No commissioner, sheriff or subordinate officer to plead as
attorney in the court to which they belong.|
|FFOR the preventing of the greate exaction of caske, And for the encouraging of coopers to follow their trades, that noe person or persons whatsoever after June next, shall directly or indirectly trade or deale either by bill or accompt for caske, with their tobacco, or caske by itselfe (unles it be with a cooper or imployer of a cooper,) It is further inacted, That what person or persons soever shall, after the time lymitted, make any agreement contrary to the tenor of this act by bill or accompt, such bill or accompts shall not be pleadable in any court of justice within this collony.||Coopers encouraged.|
No person to deal for casks except with coopers or their employers.
Debts contracted contrary hereto not recoverable.
|WHEREAS dayly experience doth informe that the merchants and others, as well as Dutch as English, trade within the collony doe practice much deceit by diversity of weights and measures, which are commonly vsed by them, Be it therefore inacted, That noe merchant or trader whatsoever either English or Dutch shall sell, buy, or otherwise make vse of in tradeing, any other weights and measures then are vse and made according to the statue of parliament in such cases provided.||Weights and measures to conform to the act of parliament.|
|WHEREAS sundry suits, controversies & debates, in law, have been and dayly do arise about claymes and titles to land to the great impoverishing of divers of his majesties subjects; ffor remedy and redress of the like inconveniencies hereafter, and for the better establishing the right and possessions of the inhabitants, Be it inacted that all persons whatsoever that have or doe pretend any title to any land, shall within 5 yeares after the date of this act prosecute their claimes or titles by commencing suite or entring action for the same, otherwise it shall be a good plea in barr for the possessor of such land claimed or pretended, to affirme, That he hath had peaceable possession without clayme by commencement of suit to the time lymitted by this said act which shall be accompted a sufficient confirmation to these possessors and shall conclude the claime and title of the pretender; and this act is to extend according to the limitation expressed to all that shall take vp lands de futuro, Provided allwaies notwithstanding any thing in this act to the contrary, that the lymitation of ffive years in this act expressed shall not conclude orphans in theire titles, but that it shall be lawfull for them within five years after they come to age to commence suit for any land claymed by them: In which case it shall be no barr for the possessor to plead 5 years possession without clayme, vnless the suit be commenced above five years after the orphans shall be of age.||Suits for land to be commenced within five years or the claimant
Orphans allowed 5 years after full age.
|WHEREAS it is inacted anno 1642, in the ninth article* of the first act of the sayd Assembly, that noe marriage should be solemnized vnles by a lycense vnder the signett from the Gov'r. or the baynes lawfully published in the parish or parishes where both parties do inhabitt: Be it now further inacted that what minister soever shall marry any persons contrary to the said act shall fforfeit the sume of 1000 lb. tob'o. to be disposed by the comissioners for the vse of the county.||Penalty on ministers for marrying without license or publication of banns.|
|WHEREAS it was inacted by the 8th act in 1642, That all persons should make a sufficient ffence about their cleared grounds, And that they who should be difficient herein that in case of a trespasse or damage done by them by hoggs, goats or any other cattle whatsoever should be to their owne losse and detriment, with further proviso against all such who should either hurt or kill any hoggs or goats or any other cattle that should doe them damage as by the said act more at large appeareth. Be it now further inacted, That that ffence shall bee adjudged sufficient which is foure feet and a halfe in height substantiall close downe to the bottome: And in case that any trespasse or damage be done or comitted by any person haveing such ffence, by either horses, mares, hoggs, goats or any other cattle whatsoever, the owners of such horses, mares, &c. shall be lyable to make satisfaction for the trespasse and damage to the person injured, In case the ffence be found by two honest men appointed by the next comissioner to be sufficient.||What deemed a sufficient fence.|
Trespasses, how remedied.
|WHEREAS by the 6th act of Assembly in anno, 1643, It was inacted, That such persons that did adventure to recover cattle, which should be conceyved||Former act repealed.|
| * Ante pa. 241.|
Act V. of this collection.
|by the Leift's. to be lost to the owners, should freely enjoy the said cattle according to the proviso, as by the said act more att large doth appear, Be it now inacted, That the sayd act and every clause and thing therein be repealed and made void.|
|BEE it enacted that the 10th act, 1643, prohibiting any terms of peace to be entertained with the Indians, And the 11th act of the said yeare 1643, concerning the cutting downe of corne of the Indians be repealed and made void.||Former act repealed.|
|BE it also inacted that the 13th act a'o. 1643, concerning marching against the Indians by the inhabitants of Nansimund county, as also the 14th, 15th and 16th acts of the said Assembly repealed and made void.||Former act repealed.|
|BE it alsoe inacted, That such sherr: or sherr's. who shall make default of bringing in any list or acco't. returning any warrant or for doing or performing any other thing or things which shall be enjoyned or commanded by an Assembly: That such sherr. or sherrs's. for every default as aforesaid for the time to come shall forfeit one thousand pounds of tob'o. The said lists, acco'ts. and returns to be made and brought into the secretary's office.||Penalty on sheriffs for failing to perform any thing enjoined by
Lists, accounts, &c. to secretary's office.
|WHEREAS divers inconveniencies are likely to ensue by disorderly and illegal election of Burgesses, by subscribing of hands contrary to the warrant directed for the sayd election, by which means it alsoe happeneth that few or none doe appeare personally according to sumons, Be it therefore inacted, That noe||Burgesses to be elected by a plurality of voices present; and not by subscribing a paper.|
|election shall be made of any Burgesse or Burgesses but by plurality of voices, and that no hand writing shall be admitted: Be it alsoe further inacted, That what freemen soever, haveing lawful sumons of the time and place for election of Burgesses, that shall not make repaire accordingly, Such person or persons vnles there be lawfull cause for the absenting himselfe shall forfeit 100 lb. of tob'o. for his non appearance, ffreemen being covennt. servants being exempted from the said fine, to be levyed by distress in case of refusall, And is to be disposed of towards the defraying of the Burgesses charges in the county.|
Penalty on freemen failing to attend elections.
|BE it also inacted, That the 3d act, 1645, concerning the charges and disbursments for hurt men, horses, &c. be repealed and made void.||Former act repealed.|
|WHEREAS it was inacted in a'o. 1645, in the 20th act of the said yeer, That the payment of levys should be satisfied by the last of November, It is now thought fitt and inacted, that the said clause be repealed; And in stead and place thereof that all publique leavies be satisfied de futuro at or before the 20th day of November.||Public levies, when payable.|
|BE it also inacted and confirmed by this present Grand Assembly that no appeale be allowed of, either to quarter courts or Assemblys, vnlesse the appellant do desire the same, before judgment passed, or imediately at the same sitting of the court, and that in case of appeale no person or persons whatsoever shall be condemned to pay double or treble damages who do desire by petition or otherwise to be tryed by the county courts or quarter courts where the same is in hearing, but the appellant only being cast to be liable to damages as aforesaid.||Appeals, when to be allowed.|
Damages, when and by whom payable.
|WHEREAS it was inacted in the 11th act, 1642, That the surveyors of land should demand no more then 20 lb. of tob'o. for the measuring of 100 acres of land, And for the same should deliver an exact plott of each parcell surveyed and measured, And that if any surveyor vpon reasonable demand should refuse to measure the dividend of any person or persons whatsoever, for the consideration and satisfaction aforesayd, such surveyor should be liable to the censure of the Governour and Council, And that if any surveyor shall be desired to go further from his place of residence then he could returne in one day such a surveyor should have the allowance of 12 lb. of tob'o. per day for evrie dayes absence from his dwelling, And that if his passage could not be but by water, That then such persons that should employ any surveyor should provide for his transport out and home, which said act being since repealed, It is now further inacted that it be and remaine in its full force, strength and vertue.||Act establishing surveyors' fees, and prescribing their duties revived.|
|WHEREAS some doubt may arise concerning the 19th act, 1642, which giveth power to any comiss'r. to determine causes vnder the value of 200 lb. of tobacco, In respect that since the date of the said act all causes whatsoever are referred to monthly courts: Be it now therefore explained and inacted, That it neither was nor is the intent of the said act, 1645* authorising the comissioners as aforesaid to make void the aforesaid act, 1642. But it shall be free for any comissioner to proceed by vertue of the said act notwithstanding any thing to the contrary in the act of 1645.||Commissioners to have jurisdiction of causes under 200 lb. of tobacco.|
|Be it further inacted for the ease of the inhabitants on the south side of the river in James county||One commissioner on south side of|
|* November 1645, ch. X.|
|That there shall be settled on that side a comission with power to keepe courts and to heare and determine all causes in as large and ample manner as any other county court within this collony, soe as theire said courts be kept on every sixteenth day of every second month, to the intent that the sherriff & the clerke belonging to the county court may, with the more convenience, be attendant vpon the comissioners that are there to be settled.||the river in James county to exercise jurisdiction of county courts|
|WHEREAS sundry laws and statutes by act of parliament established, have with great wisdome ordained, for the better educateing of youth in honest and profitable trades and manufactures, as also to avoyd sloath and idlenesse wherewith such young children are easily corrupted, as also for releife of such parents whose poverty extends not to give them breeding, That the justices of the peace should at their discretion, bind out children to tradesmen or husbandmen to be brought vp n some good and lawfull calling, And whereas God Almighty, among many his other blessings, hath vouchsafed increase of children to this collony, who now are multiplied to a considerable number, who if instructed in good and lawfull trades may much improve the honor and reputation of the country, and noe lesse their owne good and theire parents comfort: But forasmuch as for the most part the parents, either through fond indulgence or perverse obstinacy, are most averse and unwilling to parte with theire children, Be it therefore inacted by authoritie of this Grand Assembly, according to the aforesayd laudable custom in the kingdom of England, That the comissioners of the severall countyes respectively do at theire discretion, make choice of two children in each county of the age of eight or seaven years at the least, either male or female, which are to be sent vp to James Citty between this and June next to be imployed in the public flax houses vnder such master and mistresse as shall be there appointed, In carding, knitting and spinning, &c. And that the said children be furnished from the said county with sixe barrells of corne, two coverletts, or one rugg and one blankett: One bed, one wooden bowle or tray, two pewter spoones, a sow shote||Recital of acts of parliament for binding out children.
Commissioners of several counties to make choice of two children & send them to Jas. City.
To be employed in the public flax houses.
Allowance of food, clothing, furniture, stock, &c.
|of sixe months ole, two laying hens, with convenient apparell both linen and woolen, with hose and shooes, And for the better provision of howseing for the said children, It is inacted, That there be two houses built by the first of April next of forty foot long apeece with good and substantial timber, The houses to be twenty foot broad apeece, eight foot high in the pitche and a stack of brick chimneys standing in the midst of each house, and that they be lofted with sawne boardes and made with convenient partitions, And it is further thought fitt that the comissioners have caution not to take vp any children but from such parents who by reason of their poverty are disabled to maintaine and educate them, Bee it likewise agreed, That the Governour hath agreed with the Assembly for the sume of 10000 lb. of tob'o. To be paid him the next crop, to build and finish the said howses in manner and form before expressed.|
Houses to be built.
None but poor children to be taken up.
|WHEREAS the necessity of the warr, now happily ended, hath occasioned many charges and impositions, which the collony in all Christian duty to their own safetyes have been enforce to vndergo, and now in honor are obliged to discharge, which they could not possibly effect without this tax at present impose, which though extraordinary and not in former times to be paraleld, yet it is hoped that with more cheerfullness it will be entertained and discharged by the inhabitants, In respect of the great blessing of peace that cometh along with it, It is therefore inacted by this Grand Assembly, That the sherr: of the severall countyes receptively do leavy if occasion be by distresse, And make such payments to such persons and for such debts as are herevnder mentioned.||Extraordinary tax to defray the expenses of the late war.|
|WHEREAS the inhabitants of Chicawane alias Northumberland being members of this collony have not hitherto contributed towards the charges of the warr. It is now thought fitt that the said inhabitants||Inhabitants of Chicawane or Northumberland to pay taxes in future.|
|do make payment of the leavy according to such rates as are by this present Grand Assembly assessed, (vizt.) per evrie tithable person 78 lb. of tob'o. For every hundred acres of land 15 lb. of tobacco 3-4, For every cow above 3 yeer old 15 lb. of tobacco 3-4, And that such a person whom the Governour shall think fitt such person shall receive and collect the afore said levy and give an account thereof to the next Assembly, then to be disposed of according to further order, And it is alsoe inacted that the said inhabitants of Chicawane shall allwaies hereafter be liable to all taxes, and in paying the publique levys with the rest of the inhabitants of this collony, And it is further thought fitt that the present Governour shall have the free disposall of what tob'o. shall be received, the certificate being made of the quantity by the commander of the place, and the governour to be accountable for the same at the next Assembly, And in case the said inhabitants shall refuse or deney payment of the said leavy as above expressed, That vpon report thereof made to the next Assembly speedy course shall be then taken to call them off the said plantation.||On refusal, to be called off from the plantation.|
|AMBROSE HARMER, Speaker.|
|Pages 282-309||Pages 339-368|