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THE
GENERAL ASSEMBLY
HOLDEN THE 16TH DAY OF OCTOBER, 1629.
 |
| [From |
a MS.* belonging to Thomas Jefferson, President of the
United States, which was purchased by him with the library of Peyton Randolph, from his
executors. ]
WERE PRESENT AS FOLLOWETH.
JOHN POTT, Esq. Governor, &c.
Captain Roger Smyth.
Captain Samuel Mathewes.
Secretary Claybourne.
Mr. William ffarrar.
|
| 
The MS from which the acts of this session were printed, is onow in the Library of
Congress at Washington.
|
|
| * This manuscript is apparently of very
ancient date, probably a transcript of the acts immediately after they were passed. Though
posterior in point of time, it is evidently more ancient than the manuscript of the acts
of 1623. This conclusion is drawn from a variety of circumstances. First the orthography
(which is preserved in the acts of each session) is much more antique in this, than in
the acts of 1623; Secondly the characters with which the acts are written agree
more nearly with those of a period anterior to that which marks the hand writing of the acts of
1623; and thirdly, in the acts of 1623, there are some blanks in the copy which shew it
to have been a transcript from an original, at that time not perfectly legible.
|
| The peculiarities in the characters used n the acts
of this session, are, that the letter "F" in the beginning of a paragraph, in a proper
name, or after a period, is written with a double "f" thus "ff";
−−− the small "e" is invariably written like the small Greek Epsilon;
the particle "the" always written "ye" with the "e" over the "y";
−−− the letter "u" is always used instead of "v" and e
converso; the letter "j" is never introduced, but instead of it the letter "i"
in every part of a word; the termination "tion" in this, and all the statutes of
this period, is written "con" with a circumflex over the c";
−−− the capital "T" is made by a straight perpendicular mark, with a
horizontal cross near the top.
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| ffor Martin's Hundred
| { Thos. Kingston,
{ Thos. ffawcett. |
| |
| ffor Mulbury Iland
| { Tho. Harwood,
{ Phettiplace Clause.
|
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| ffor Warwicke river
| { Christ. Stokes,
{ Tho. Ceely,
{ Thos. fflint,
{ Zachary Cripps.
|
| |
| ffor Warosquoyacke
| { Capt. Nath'l Basse,
{ Richard Bennett,
{ Robert Savin,
{ Thos. Jurdain.
|
| |
| ffor Nuttmegg Quarter
| { William Cole,
{ William Bentley.
|
| |
| ffor Eliz: Citty
| { Left. Thomson,
{ Mr. English,
{ Mr. Adam Thorowgood,
{ Mr. Rowlston,
{
John Browning,
{ John Dowman.
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| |
| ffor the Easterne shoare, noe burgesses did appear. |
|
|
| The oathes of supremacy and alleidgeance were administered to the
governor and councell and after wards to all the burgesses |
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| ACT I.* |
| AFTER debate of many matters, it was thought a business of great
benefitt and good consequence to send and maintaine a company of men to plant corne at
Kiskyacke, the charges of building to be borne equally by
|
A company of men to be sent to Kiskyacke to
plant corn;
|
 |
| * The acts of this session are not
numbered; nor are they separated from each other by any mark whatever. They appear rather like a
journal, containing an account of the joint deliberations of the governor, council and
burgesses. For the conveniency of reference, I have divided them into Acts, for reasons
explained in a note to the acts of 1623.
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all that should bee the adventurers, and to bee there, seated by the 15th of November
next. Whereuppon voluntarily the Governor offered to find 3 men.
| Capt. Mathewes. |
4 |
| Mr. ffarrar |
1 |
| Mr. Thorowgood |
4 |
| Mr. English |
2 |
| Mr. fflint |
4 |
| Mr. Rowlston |
2 |
| Capt. Basse |
1 |
| Mr. Harwood |
1 |
| Mr. Bennett |
1 |
| Goodman Tree |
1 |
| Tho. Seely |
1 |
| Capt. Peirce |
2 |
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who are to have shares of land to them and their heirs.
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| IT was ordered they should have shares of land to them and
their heirs.
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| ACT II. |
| IT is ordered that every commander of the severall
plantations appointed by commission from the governor shall have power and authoritie to levy a
partie of men out of the inhabitants of that place soe many as may well be spared without too
much weakening of the plantations and to imploy those men against the Indians, when they shall
assault us neere unto our habitations, or when they in their discretion shall deeme it convenient
to cleare the woods and the parts neere unto our habitations, or when they in their discretion
shall deeme it convenient to cleare the woods and the parts neere adioyning when the Indians
shall bee a hunting or when they have any certaine knowledge of the Indian's aboad in those
places. And if there shall be cause that the commander in person can not attend these services,
then in such cases, and in his absence hee is to appoint his deputie.
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Commanders of plantations to levy a force to be employed against
the Indians.
If the commander cannot attend, he must appoint his deputy.
|
|
| ACT III. |
| IT was the opinion of the whole bodie of the Assembly that
we should go three severall marches upon the
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Three several expeditions
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| Indians, at three severall times of the yeare, viz. first in November, secondly in
March, thirdly in July. To effect this the collony and inhabitants are to bee divided into fower
divisions. The plantations of the upper parts as farr downewards as Weanoacke Marsh, and
fflowerdiew hundred creek on both sides the river to cleare those parts and territoryes, and to
doe all manner of spoile and offence to the Indians that may possibly bee effected. The second
division to extend from fflowerdieu hundred creeke and Weanoacke Marsh, as farr downewards as the
creeke belowe Hogg Island, and to include the whole corporation of James Cittie and Martin's
Hundred, and the plantations of Mulbury Island under the command of capt. Smyth. The third
division to be the plantation of Warosquoyacke, and those inhabitants to cleare the grounds and
lands between Hogg Island creeke and Nansamunge river.
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to be carried on against the Indians.
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| There remaine for a fourth division Elizabeth Cittie, Warwicke
River, Nuttmegg Quarter, Accawmacke, the plantation at Kiskyacke and the places adioyning; to goe
twise uppon the Indians in Pamunky river, viz. once before the frost of Christmas, & the other in
June, July or August, as alsoe uppon those lands, between Nansamunge river and the river of
Chesepeyacke. And it is concluded that the plantations of Accawmacke shall assist them against
the Pamunky Indians in the summer time with every fift man out of the inhabitants.
|
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| ACT IV. |
IT was putt to the question whether all new comers shall
bee restrained from planting tobacco the first yeare and they to bee exempted from all taxes, and
marches for that yeare. The major part would have no restraint made to new comers.
ACT V.
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New comers not to be restrained from planting tobacco the 1st
year, or exempted from marches against the Indians.
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| IT was put to the question whether for this yeare there
should be an ordinance made and established for the stinting of the planting of tobacco. To this
the
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The planting of tobacco limited to a certain number
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| opinion of the most voices was, that noe persons workeing the ground, which are all to
be thithable, should plant above 3000 plants uppon an head.
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of plants per head.
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| An exception is made where the familie consisteth of children and
woeman which doe not worke in the ground, and they to plant not above 1000 plants per pol. In
case any family shall be aggrieved by this order consisting of some nomber of woemen and
children, it is thought fitt that in speciall cases the Governor and Councell to order them a
further proportion.
|
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| ACT VI. |
| THESE charges following were allowed by the General Assembly, viz:
|
Appropriations and revenue law.
|
| Imprimis. To Mr. Marshartt for 16 carriadges for ordinance, there is
allowed for his account of £. 208 04s 02d. fowre thowsand five hundred weight of tobacco,
soe that the remainder that was not paid unto him last yeare shall be fully paid and delivered
unto him this yeare, or his assignes,
| lbs. 4500
|
| |
| Item. Six barrells of powder, bought of Capt. Crampton, and yeat unspent,
| 0900
|
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| Item. One hhd. of wyne, spent in the march,
| 0255
|
| |
| Item. One ancor lost in the march out of Lieut. Thompson his boate,
| 0050
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| ffor shott which Sr. George Yeardley bought for Mr. Mayhow and
provision to sett out his ship,
| 0428
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| ffor 300 of fish bought of Mr. Menefie,
| 0090
|
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| ffor one barrell of pease spent in the shipp,
| 0050
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| To Mr. Claybourne for shott spent in the marches in Sr. George his time, and this yeare
1629,
| 0500
|
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| ffor one hundred of shott more, bought of Mr. Barrington, & 1-2 of biscuite for
Chickahominy,
| 0047
|
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| For Ct. Poole's entertainment this yeare,
| 1200
|
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| [The lines following the above, are so obliterated as not to be
legible till we come to the words "his legg which hee received in the country's service;" from
which we may infer that the above item is on account of a wound received by Capt. Poole.] |
| It is also ordered that the three Indians here residing shal be
maintained by the general charge of the whole colony.
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Certain Indians to be supported.
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| To defray all the charges above said the whole Assembly concluded
that there should be five pounds of tobacco per pol levyed through the colony.
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Poll tax.
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| It is further concluded and ordered that every master of a family,
and every freeman that is to pay five pounds per tobacco per pol as aforesaid for the defraying
of publique charges, shall bring the same unto the Houses of Burgesses of the plantations within
two dayes after notice thereof given unto them. And if any shall faile to bring in the same, it
is thought fitt that by virtue of this order the said Burgesses shall have power to levy the same
by distresse, upon the goods of the delinquents, and to make sale of the said goods, and to
detaine such tobacco which shall be due by this order, and for their fees in making this
distresse, restoring to the owner of the said goods the residue and remainder. And if the
Burgesses shall make neglecte herein they shall be fined by the Governor and Councell.
|
How collected.
Burgesses to make distress & sale
for taxes.
For neglect of duty, to be fined by the Governor & council.
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| The Burgesses doe undertake to provide caske to putt upp the same
and if any damadge shall befall unto the tobacco, it shall not light uppon the Burgesses, unlesse
they shall be faulty therein.
|
Burgesses to provide casks, & not liable for involuntary
accidents.
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| All the Burgesses are with all convenient speed to send to the
Governor a list of the tithable persons within their plantations, that thereby the Governor may
appoint those that are the creditors for this tobacco to receive it and that he take order to
have an account kept of the same.
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Burgesses to return a list of tithable to the governor. Public
creditors, how to be paid.
|
|
| ACT VII. |
| AT this time the matter of ffortification was taken into
consideration and there was longe debate had
|
Fortifications, the subject considered.
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concerning the place where the fforte should be erected. Especially Point Comfort was
spoken of and was thought the most convenient place, but the great and many difficultyes therein,
and the want of means and materials for effecting thereof doe almost make it impossible for our
weake abilityes to bring to perfection: therefore [the lines of the original not legible.]
both the assistance of their persons and estates to accomplish so good a worke as to raise
fortifications which will be both a safetie and reputation unto this colony.
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Point Comfort deemed the most eligible situation.
|
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| ACT VII. |
| IT is ordered that there bee an especiall care taken by all
commanders and others that the people doe repaire to their churches on the Saboth day, and to see
that the penalty of one pound of tobacco for every time of absence and 50 pound for every months
absence sett downe in the act of the Generall Assembly 1623, be levyed and the delinquents to pay
the same, as alsoe to see that the Saboth day be not ordinarily profaned by workeing in any
imployments or by iournyeing from place to place.
|
Penalties for not repairing to church, to be enforced.
Sabbath day not to be profaned.
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| ACT IX. |
| IT is thought fitt that all those that worke in the ground
of what qualitie or condition soever, shall pay tithes to the ministers.
|
Who to pay tithes to the ministers.
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EXTRACT
FROM THE MINUTES OF THE JUDICIAL
PROCEEDINGS
OF THE GOVERNOR AND COUNCIL*
OF VIRGINIA.
|
|
[From the Ancient Records relating to Virginia, Vol. 3,
p. 215.] |
|
| JULY the 9th, 1630. −−− Dr John Pott, late
Governor, indicted, arraigned and found guilty of stealing cattle, 13 jurors 3 whereof
councellors. This day wholly spent in pleading; next day in unnecessary disputation: Pott
endeavouring to prove Mr. Kinsgmell (one of the witnesses against him) an
|
|
* That the Governor and Council were
vested with judicial powers, under the colonial government, is a historical fact, well known,
without resorting to the ancient charters to support it. The following entry taken from some
loose manuscript sheets, found among the acts, &c. of the General Assembly, of the period to
which they relate, will shew how their courts were constituted, and the mode of doing business.
| " A court at James Citty the 16th Nov.
1627." |
| "Capt. ffrancis West, Esq. Governor,
&c." |
| "Doct. Pott,"
| "Mr. Persey."
|
| "Capt. Smith"
| "Mr. Secretary,"
|
| "Capt. Mathewes,"
| "Capt. Tucker,"
|
|
| "Mr. ffarrar."
|
|
| "At this court the lady Temperance Yeardley, came and
did fully and absolutely confirme as much as in her lay, the conveyance made by her late husband,
Sir George Yeardley, Knt. late Governor, deceased, unto Abraham Persey, Esq. for the lands of
Flowerdieu Hundred, being one thousand acres, and of Weanoake on the opposite side of the water,
being 2200 acres. And the said lady Temperance Yeardley, did then alltogether absolutely
disclaime and release unto the said Abraham Persey, all her right, interest and claime, in all
and every part of the said lands, to herself any ways being and appertaining, either by way of
dower or thirds."
|
| "The presentments of the minister and church-wardens
of Stanley Hundred, were delivered into the cort, under their hands. And also a register of
marriages, burials and christenings."
|
| "Upon the presentment of the church-wardens of
Stanley Hundred for suspicion of incontinency betweene Henry Kinge and the wife of John Jackson,
they lyinge together in her husband's absence; it is thought fitt that the said Kynge shall
remove his habitation from her, and not to use or frequent her company until her husband's
retorne."
|
| "The coppies of the proceedings in the monthlie corts
at Warrosquyoake delivered into the cort by Mr. John Upton and Mr. Thomas Jordon commmissioners
there."
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| "hypocrite, by a story of Gusman of Alfrach the rogue. In regard of his quality and
practice. Judgment respited till the king's pleasure known; and all the councel became his
security."
|
| "July 13th, 1630. William Matthews servant to Henry Booth, indicted
and found guilty of petit treason, by fourteen jurors. Judgment to be drawn and hanged."
|
| "For scandalous speeches against Governor and Councell, Daniel
Cugley sentenced to be pilloryd, but was forgiven."
|
| "September 17th, 1630. Hugh Davis to be soundly whipped, before an
assembly of Negroes and others for abusing himself to the dishonor of God and shame of
Christians, by defiling his body in lying with a negro;* which fault he is to
acknowledge next Sabbath day."
|
|
| "The inventory of the goods of Roger Prichard
delivered into cort and pruved to be a true inventory by the testimonie of John Hausey."
|
| In deciding controversies between individuals, the evidence was always recorded,
before the judgment of the court was pronounced.
|
| * Negroes were first introduced in
Virginia from a Dutch ship, in the year 1620. See Beverly pa. 51. Burk's Hist. Vol 1, pa.
211.
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THE
GENERAL ASSEMBLY
HOLDEN THE 24th MARCH, ANNO DOMINI 1629-30. |
| [From |
a MS.* belonging to Thomas Jefferson, President of the United States,
which was purchased by him with the library of Peyton Randolph, from his
executors.]
AT WHICH WERE PRESENT, VIZ:
SIR JOHN HARVEY, Knight, Governor, &c.
Doctor Pott,
Capt. Mathewes,
Mr. ffarrar.
The names of the Burgesses were as followeth, viz:
|
| The MS. from which the acts were printed is now at the Library of
Congress at Washington.
|
Impr. ffor the plantations of
the Colledge and
neck of land
| { Capt. Thos. Osbourne,
{
{ Thos. ffarmer. |
| |
ffor Shirley Hundred
Maine
| { Thomas Palmer,
{ John Harris. |
| |
ffor Shirley Hundred
Iland
| { Cheyney Boys,
{ Walter Aston.
|
|
|
| * In the Acts of this session there are
some peculiarites in the hand-writing which do not occur in those of October, 1629. The small
"e" is reversed, the circular part appearing to the right hand, instead of the left, and
most frequently it resembles the small Italic "o" with a horizontal cross near the top:
−−− The letter "c" at the beginning of a word, is written like the
capital "O" with a perpendicular stroke through the centre; in the middle of a word it
resembles the letter "r" but at the end, it is written like the small Greek sigma
as explained in the not at the beginning of the Acts of 1623. −−− The
letter "r" is made nearly like the modern "u." but what would create the
greatest difficulty with those not accustomed to the reading of the ancient manuscripts, is, the
formation of the letter "h," which is invariably written like the modern capital
"E," the whole letter extending below the line. The other peculiarities noticed in the MS.
of the Acts of the last session, (except in the letter "e") are common to this.
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| ffor Warrosquoiack
| { John Upton
{ John Atkins
{ Rovert Savin,
{ Thomas Burges.
|
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ffor the upper parte of
Elizabeth Citty
| { Capt. Tho. Willoby,
{ William Kempe,
{ Thomas Hayrick.
|
| |
ffor the lowere parte of
Elizabeth Citty
| { Capt. Thos. Purfury,
{ Adam Thoroughgood,
{ Lancelott Barnes.
|
| |
| ffor Accowmacke
| { Capt. Graves,
{ _____ Scarborough,
{ Obedience Robins,
{ Henry Bagwell.
|
|
|
| THE ORDERS |
| At this Assembly established followe: |
| *ACT I. |
| IT is ordered, That all ministers residing and beeing, or
who hereafter shall reside and bee within this colony, shall conforme themselves in all thinges
according to the cannons of the church of England. And if there shall bee any that, after notice
given, shall refuse for to conforme himselfe, hee shall undergoe such censure, as by the said
cannons in such cases is provided for such delinquent. And that all acts formerly made concerning
ministers shall stand in force, and bee duly observed and kept.
|
Ministers to conform to the canons of the church of England.
|
|
| * The Acts of this session, like those
of the preceding, are not divided into chapters, or acts. They contain, however, a short epitome
of each act in the margin, which is not the case of those of any former session.
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| ACT II. |
| MATTER of ffortifications was again taken into consideration, and
Capt. Samuel Mathewes was content to undertake the raysing of a ffort at Poynt Comfort, wherepon
Capt. Robert ffelgate, Capt. Thomas Purfury, Capt. Thomas Graies,Capt. John Uty, Capt. Tho.
Willoby, Mr. Tho. Heyrick, and Leu't, Wm. Perry by full consent of the whole Assembly,
were chosen to view the place, conclude what manner of fforte shall bee erected, and to compounde
and agree with the said Capt. Mathewes for the building, raysing and finishing the same. And
whatsoever bargaine or contracte the said committee shall make concerning the same, the whole
Assembly are content to ratifie and confirme and performe.
|
A fort to be built at Point Comfort.
See ante p. 143, act VII
|
|
| ACT III. |
| IT is concluded and ordered, that nos new-comer for the
first years shall bee compelled to goe in person uppon any march or sevice uppon the enemy, but
shall bee only contributary to the charge thereof according to his proportion, excepte it bee in
cases of extreame necessity. And noe master of a family shall presume to send any new man uppon
any march or service as aforesaid uppon paine of severe censure.
|
No new-comer to be sent against the enemy the first year.
|
|
| ACT IV. |
| FORASMUCH as many inconveniences doe often happen to the inhabitants
and planters of this colony by the excessive and exorbitant ingrossing of commodities brought
into this county, ffor repressing whereof, it is ordered and concluded by the whole body of
this Assembly, That noe person or persons of what degree, quality, condition or profession
soever they bee, doe at any tyme eyther aboard the shipps or on shore or elsewhere ingrosse or
fforstalle any* whatsoever, but that such
as buy may buy only for their particular use, and if they can spare any of the same, then
|
Ingrossing & forestalling, penalties for, and provisions against.
|
|
| * A word torn out in the original,
supposed to be "commodities."
|
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| not to sell any of the same goods at any dearer rate to their neighbours for more than
they paid at the first penny. And that all marchants whatsoever nor residing or that hereafter
shall aryve in Virginia may uppon such penalty and severe punishment as the quality of the
offence shall deserve, deliver their bills of lading or a true copy thereof to the Governor and
Councell or one of them. And that a true invoice of such goods consigned to marchants heere bee
delivered in alsoe as before upon oath, that the country may not be defrauded, neyther the
marchants ioyne with any to colour their ingrossings. And that this may bee uppon the forfeyture
of treble the value of any such goods soe bought, ingrossed or coloured, the moytie thereof to
goe to the generall good of the colony, and the other moytie to any man that shall complayne and
really prove the same by witnesses.
|
|
| ACT V. |
| FOR the better furtherance and advancement of staple commodities,
and more especially that of potashes and saltpeeter, it is thought ffitt that every
master of a ffamily within the severall plantations of this colony shall use their best
endeavours to preserve and keepe in dry and tight houses or casks all those ashes that shall
proceede and bee made by the wood that is burned in clearing their grounds, that they may be
ready at all tymes to be delivered to those that shall require the same to make experiment
thereof. And that every master of a ffamily shall have a speciall care, after a notice thereof
given, to preserve and keepe all their urine which shall be made n their severall plantations, to
be disposed and bestowed as by a note in writing they shall receave directions the benefitt
whereof shall in the first yeare shall redounde to those that shall make the experiment. And the
next yeare it shall bee lawfull for every planter to make the best benefitt hee can thereof to
his own use. And for other staple commodities, as iron, salt, vines, &c. the whole assembly are
willing and readie to yielde their best assistance in setting and raysing them, or any of them
when they shall see any incouragement thereunto by such as shall bee men of experience and skill
to perfect such workes.
|
Staple commodities.
Experiments to be made in pot ashes &
salt petre.
Masters of families to save their ashes.
and urine.
|
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| ACT VI. |
| TO prevent the want of corne which oftentymes doth happen to this
colony by reason of the neglect of planting sufficient quantities thereof for their necessarie
provisions, It is ordered, that two acres of corne or neere thereabouts bee planted for
every head that worketh in the grounde, and the same to bee sufficiently tended weeded and
preserved from birdes, hoggs, cattell and other inconveniences. And if any planter shall bee
found delinquent therein hee shall forfeite all his tobaccoe which bee made of his cropp that
yeare, the one halfe, to the informer, the other to bee imployed to publique uses for the good of
the country.
|
Regulations for insuring a sufficiency of corn.
|
|
| ACT VII. |
[FOR the improving the planting of tobaccoe the
neglect]*
thereof in the curing hath caused the same to bee of base price and small esteeme to the
discreditt and disadvantage of the whole colony in generall for the preventing and avoyding
whereof, It is thought fitt and accordingly ordered, That noe person whatsoever shall
plant or tende above two thousand plants of tobaccoe for every heade within his family including
weomen and children. And to the intent that noe tobaccoe of bad condition may be transported out
of this country, It is further ordered, That if any man hereafter shall make any bad, or
ill conditioned tobaccoe and offer to pay away the same to any person or persons, eyther for
debts, marchandize or any other commodities, it shall be lawfull for the commander of every
plantation with two or three discreete men of the said plantation uppon view thereof to burne the
same. And the partie that shall be found delinquent in any particle of this order shall bee
hereby barred from planting any tobaccoe until hee bee re-admitted by a General Assembly.
|
Regulations for improving the staple of tobacco.
Number of
plants to a hand limited.
Penalty for offering bad tobacco in payment.
Such tobacco
to be burnt, & the offender not to plant any more till authorised by the General Assembly.
|
| * The line in the original so
obliterated as to be not legible.
|
| | |
|---|
| ACT VIII. |
| IT is also ordered, That the warr begun uppon the Indians
bee effectually followed, and that noe peace bee concluded with them. And likewise that all
marches which shall hereafter bee ordered and appoynted against them, be prosequted and followed
with all diligence.
|
War to be prosecuted against the Indians an
no peace made.
|
|
| ACT IX. |
| FFOR the better increase and multiplying of cattell in this colony,
it is thought fitt that all the female increase of neate cattell bee with all care and
diligence preserved and kepte. And that noe female kinde of cattell bee killed unlesse they bee
such as are eyther past breeding, or are likely to dye by some infirmity. And if any person or
persons shall doe contrary to this acte they shall undergo such censure as the Governor and
Councell shall thinke fitt to impose upon them.
|
Female cattle not to be killed unless past breeding, or likely to
die.
|
|
