Pages 178-209 
|  Pages 238-261
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| Pages 178-209
| Pages 238-261
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| ACTS MADE BY THE GENERAL ASSEMBLY, HOLDEN AT JAMES CITTY, THE 21st AUGUST, 1633. 
| The
MS. from which the acts of this session were printed is now in the library of Congress at
Washington.
| |
| ACT I.* | ||
| An act concerninge the Orders about Tobacco. | ||
| WHEREAS for the better orderinge of tobacco, as well concerninge the trade as the plantinge thereof divers acts from tyme to tyme have been made and established, yet partlie for the imperfections and inconvenyencyes, that are found and doe appeare in sundry of the said acts, and for the varietie and nomber of them, and cheifelie for that the price of tobacco in the same sett and lymited is so small and not answerable to this tyme, respectinge the present advancement of this commoditie in the kingdome of England and other parts the said act cannot convenientlie be understood, nor without great prejudice continew and be put in execution. And as the said severall acts were at the makinge of them thought to be very good and beneficiall | Preamble. | |
| ||
| * The acts of this session are generally numbered in the MS. in the margin. |
| for the common welfare of this colony, as divers of them yet are so, yf the substance of as many of the said orders as are meete to be continewed shall be reduced and digested into one sole law and act in some uniforme order prescribed and lymited for the prices of tobacco, and also for the true dischardginge and landinge of all goods and marchandise at the port of James Citty, there is good hope that it will come to passe that the same lawe being dulie executed, should advance the price of this comoditie, and yeild unto the planters a goode helpe towards theire supportation and further enablinge them to take in hand workes of better consequence; | |
| Be it therefore enacted by the authoritie of this present Grand Assembly, That the orders made in the Grand assembly holden the first day of ffebruary 1632, in one act intituled "The orders concerninge tobacco," with the severall parts in eight distinct branches specified, and the penaltie and forfeitures concerninge the same, shall be from and after the publication hereof repealed and utterlie voyd. And likewise that the 20 and 21st acts made the 4th day of September, 1632, be also repealed and of none effect. | Former acts concerning tobacco repealed. |
| And be it further enacted, That all goods and marchandise imported into this colony which shall be sould for tobacco shall be only sould and bartered at James Citty, with the knowledge and privitie of such store keepers as shall be there appoynted, who shall be able to testifie whether 9d per lb. be really given for the said tobacco and marchandize uppon penaltie of the forfeiture of the said goods which shall be otherwise bought and bartered. And yf any person or persons within this colony doe directlie or indirectlie sell or barter way any of the tobacco of the groath of this colony for such goods as he or they shall buy at James Citty, under the rate of 9d per lb. bona fide as the goods first cost in England he or they shall forfeite for soe doinge the said tobacco, the one halfe of which forfeitures shall be to the informer and the other halfe to publique uses; and shall also suffer such further punishment as shall be thought fitt by the governor and Counsell. | Goods to be bartered for tobacco at James City only. Limitation of the price of tobacco and goods. Penalty for evading the law. |
| Neverthelesse it shall and may be lawfull and free to buy and barter for tobacco at such rates as the parties | Not to extend to |
| can agree, any lands, leases, houses, servants, corne, cattle, hoggs, poultry or any household stuff, hides, skynnes or any other such comodities as are or shall be raised, built or made in this colony. Any thing in this act to the contrary conteyned notwithstandinge. | domestic articles. |
| Be it further enacted and appoynted, That there be seaven stores erected and built in the places hereafter specified, vizt. the first and second of the said stores, to be sett upp in the upper parts in such convenient places, as the counsellors and comissioners for those parts shall thinke most fittinge, for the ease of the inhabitants, comprehendinge all the plantations on both sides the river from the falls to Weyanoake includinge the plantations of Weyanoake. And it is further appoynted, that the third store be erected and built at James Citty, for the inhabitants from Weyanoake to Stanley Hund. and Lawnes creeke on both sides the river. And the forth store to be for the inhabitants of Warrosquyoake in such convenient places where the comissioners shall appoynt. And the fift store at Denbigh comprehendinge all the inhabitants there, in Stanley Hund. and from thence downe to Maries Mount. And the sixt store to be in Southampton river, for the inhabitants of Maries Mount, Elizabeth Citty, Accawmacke and the Ile of Kent. And the seaventh store to be in Charles river, for the inhabitants of Kiskyake, Yorke and the places adioyning. And the comissioners for the severall parts shall take care to see sufficient stores built and able store keepers appoynted as they will answer the contrary. And all the planters shall be obleiged to bringe in all their tobaccoes into the said severall stores before the last day of December next, and soe forth from yeare to yeare. And all the said tobacco beinge brought into the said stores, shall be there repacked, viewed and tryed by sworne men nominated for that purpose, whereof one at least to be of the counsell, whose dwellinge is neerest to that place, to whome the rest of the comissioners of the severall plantations shall be ioyned assistants, who togeather with such as they shall appoynt shall once a weeke or oftener yf neede require, take viewe of such tobacco as is brought in, and cause the bad and ill conditioned tobacco instantly to be burnt. And such tobacco as the said sworne shall finde to be good and marchantable, | 7 stores or warehouses established. At what places. Commissioners to cause stores to be built, & store keepers appointed. All tobacco to be brought to the warehouses before the last day of Dec. To be inspected by sworn inspectors. One of the council, whose dwelling is nearest to be always an inspector, to be assisted by commissioners of monthly courts. To attend once a week at least. Bad tobacco to be burnt. Good to be received, on |
| shall be receaved into the said stores and uppon the several accounts of these that were
the planters thereof. Furthermore it is ordered, that no person or persons doe or shall
pay or receave or cause to be payd or receaved any tobacco [Obliterated]
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| And any person or persons for whome one or more cropp or cropps of tobacco shall be planted shall not withhold or reteyne, and tobacco from bringinge the same to the said stores uppon penaltie of confiscation of soe much as shall be kept backe at the last day of December, to which purpose also every such person or persons shall be sworne at or before the last day of December yearlie to take his oath at the said stores, or there to present certificate of such oath under the hands of the said commissioners that he or they had kept back from the store no tobacco of theire cropp or cropps except such as is reserved for his or theire owne drinkinge,[a] to use in his or theire own families, &c. | Tobacco to be brought to warehouses before the last day of
December. Oath to be taken. Reservation for planter's own use |
| And no tobacco upon payne of confiscation after the publication hereof, shall be made upp in rolle except betweene the first day of August and the last day of December. And no ould tobacco shall be made upp upon the like payne, but such as is cured that present year. | When and what tobacco to be made up in rolls. |
| Be it further enacted, That no planter or master of a familie, shall plant or cause to be planted above 1500 plants per pol, and they which shall not plant tobacco, or they which shall be otherwise imployed shall not transfer to make over their proportion of plantinge, the said 1500 thereof unto any other person or persons whatsoever, and as neere as may be shall endeavour themselves to plant and sowe these kinds of tobacco which are of and all other sorts the next yeare shall be quite left and given over. And to prevent quantities, every planter or master of a familie, planting a cropp of shall be tyed to procure one of his neighbors or some other sufficient man, to his or theire plants of tobacco, who will upon his | Limitation of number of plants per head. Right to plant not to be transferred. What sorts to be planted. Crops to be viewed and numbered. |
| |
| [a] Spendinge in former act. |
| oath declare and testifie unto of that place before the last day of July yearelie that he hath counted and nombered the said plants, and shall say in his conscience the iust and true nomber of them, which thinge yf the said planter or master of a familie shall neglect, he shall forfeite for the said neglect the value of £10 sterlinge to the mainteynance of the castle. And the commander is hereby tyed under severe punishment to present such offenders unto the next mounthlie cort which shall either take good securitie for the payment of the said £10 or commit him or them until they shall put in sufficient securitie or pay the said £10 in money. And yf any person of persons shall be found to exceede the nomber and proportion of 1500 plants per pol, it is ordered that he or they shall forfeite 6d. for every plant soe exceeded, the one halfe of which forfeiture shall be to the informer and the other halfe to publique uses. And further to avoyd any indirect courses to frustrate the good intention of this act, all captaynes, masters of shipps or pursers, or other officers whatsoever, as also all passengers, saylors and owners of any goods imported into this colony, or which shall as factors have the disposall of any such goods as are imported for sale and marchandise, shall deliver places appoynted at James Citty, the true contents of all such goods, and every part thereof in particular to the uttermost of theire knowledge, and that they have not disposed nor sold any of the said goods, and yf in case the shall finde after such given in upon oath more than are mentioned in the same they shall give knowledge of the same; which oath yf any shall refuse to take then he shall be comitted to prison, untill he shall take the same oath. And further it is ordered, that able searchers be appoynted from tyme to tyme to search the holds and secrett places of all shipps or vessels which shall import any goods as aforesaid, and yf the said searchers shall finde any concealed goods, they shall give notice thereof to the Governor and Counsell and seize them into theire hands. | Return on oath. Penalty for neglect. For exceeding the quantity. Invoices of goods to be delivered. Oath to be taken. Penalty. Searchers to be appointed |
| ACT II. | |
| An act to repeal the 23d act made the 4th day of September, 1632, and for landinge of goods at James Citty and speedie repaire of shipps thither, and dutie belonginge to the present comander of the ffort. | |
| IT is ordered, That the 23d act made the 4th day of
September 1632 for the dischardginge and unladinge of all shipps at James Citty, be in the whole
and every part thereof repealed; and that this act in place thereof, with such additions as are
therein conteyned be established and concluded, Be it therefore enacted, That every
shipp, barque, boate or vessell arivinge into this colony from England or any other parts
whatsoever shall, the first wynd and weather, sayle upp to the port of James Citty, and shall not
unlade any goods or breake any bulke before she shall
cast anchor there, upon paine that the captayne, master, owner or pilott, of the said shipp,
barque, boate, or vessell, havinge chardge and command of the same, shall forfeite the said
goods, or the value thereof, and shall also suffer one mounthes imprisonment, the one halfe of
which forfeite shall be to him or them who will or shall sue for the same, in any cort within
this colony, and the other halfe to public uses. −−− And it is further
enacted, That the present comander of the ffort at Poynt Comfort or his deputie appoynted to
that purpose, upon the arivall of any shipp, barque boate or vessell
the sea without the capes, shall immediatelie make his repair
aboard [Obliterated
comander of the ffort shall administer unto them and every of them the oathes of supremacy and allegiance, which yf any shall refuse to take that then he comit him or them to imprisonment. |
Vessels arriving not to break bulk till they come to J. City.
Penalty. Duty of commander of fort. Oaths of supremacy and allegiance. |
| And it is further ordered, That the present comander of the ffort, shall there read and fixe at the maine mast of the said shipp, barque, boate, or vessel, a proclamation followinge: | |
| "To the captaynes, masters, commanders, and pursers of any shipp, barque, boate or vessell arrivinge at the ffort at Poynt Comfort; I, Sir John Harvey, Knight, Governor and captayne generall of Virginia send greetinge. | Proclamation to be fixed at the main mast. |
| These are in his majesties name, to will and require and straightlie to chardge and command you and every of you accordinge to the instructions directed unto me and the Counsell of State, from the right hon'ble the Lords of his Majesties most hon'ble privy counsell, that with the first wynd and weather, you sayle directlie to the port of James Citty; and that you unlade no goods nor breake any bulke until you shall come to an anchor there, uppon penaltie of the losse of the sayd goods, and one mounthes imprisonment. Given at James Citty the 21st day of August Anno Domini 1663." | |
| And it is further enacted and ordered, That all such goods whatsoever cominge in any shipp, barque, boate or vessell unto the port at James Citty as aforesaid, shall be there dischardged and landed upon penaltie of the forfeiture of all such goods not soe dischardged and landed. Neverthelesse it shall and may be lawfull to dischardge and land any beddinge and wearinge apparrell as belonge to passengers; also any strangers or planters after leave obteyned from the Governor, may after the arivall of the shipp at James Citty take such goods as belonge unto them for theire owne use, and convey them to such place as they shall have occasion to imploy them, provided that they doe not sell these goods, nor any part thereof for tobacco. | All goods to be landed at James City.
Exception. |
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| ACT III. | |
| An act for Wayters to be put aboard all Shipps at theire arrivall at the fort at Poynt Comfort. | |
| WHEREAS it appeareth plainelie that divers captaynes, masters, officers, saylors and owners of shipps, barques, boates or vessels have notwithstandinge strict lawes made to the contrary, made contracts, sales, and delivered many goods after theire arrivall at the fort at Poynt Comfort, before theire castinge anchor at James Citty, for the prevention of the like abuses hereafter, It is ordered by this Grand Assembly, That all and every shipp, barque, boate, or vessell arrivinge at Poynt Comfort, shall have a sufficient wayter put aboarde from the ffort, and not to depart out of the said shipp, barque, boate, or vessell, untill she arrive at the | Preamble. Waiters to be put on board vessels at the fort. |
| port of James Citty, which wayter shall see that there be no breach of any of the acts by them the captaynes, masters, officers, saylors, and owners, of any goods shipt or laden in any of the said shipps, barques, boates, or vessells. | |
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| ACT IV. | |
| An act for all Contracts, Bargaines, Pleas and Judgments to be made in money and not in tobacco. | |
| WHEREAS it hath beene the usuall custome of marchants and others dealinge intermutually in this colony to make all bargaines, contracts, and to keepe all accounts in tobacco and not in money, contrary to the former custome of this plantation and manner of England, and other places within the king's dominions, which thinge hath bread many inconveniencyes in the trade, and occasioned many troubles as well to the marchants as to the planters, and inhabitants amongst themselves. It is thought fitt by the Governor and Counsell and the Burgisses of this Grand Assembly, That all accounts and contracts, be usually made and kept in money and not in tobacco, and to that purpose, It is also thought fitt, That all pleas and actions of debt or trespass be commensed and sett downe in lawfull money of England onlie, and in no other comoditie. And further that all orders, Judgments, decrees, and acts, made and ordered in any of the corts within this colony concerninge the premises shall be sett downe and entered in English money accordinge to the custome of all pleas and judgments in the kingdome of England. | Preamble. Accounts & contracts to be kept and made in money. Also all pleas and actions of debt and trespass, orders, judgments and decrees to be entered in money. |
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| ACT V. | |
| An act that no Tobacco be laden in Shipps that come emptie, but to be fraighted according to theire ladinge unlesse at £ 3 per tunn. | |
| THE whole bodie of this Assembly takinge into theire consideration the best means to animate & encourage such marchants as adventure hither for the supply of this colony and that they may have such convenient fraights as may induce them to continew theire | Preamble. |
| trade with us and divers other shipps cominge almost emptie into this colony havinge either altogeather or dischardged theire ladinge in other parts have yet obteyned full fraight of tobaccco occasion of enhanseinge the rates of tunnage and fraight to the great prejudice of this colony; It is therefore ordered that no shipps or vessels be permitted to have any more fraight here then quantitie of theire goods imported in the said shipps, or otherwise except those said shipps cominge wholly unladen or in part will accept of fraight of tobacco at 3 £ per tunn. | |
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| ACT VI. | |
| [Obliterated]
| |
| rates that they bought the same, to the great prejudice of the inhabitants here, It is ordered and enacted, That what person or persons soever shall buy any shoos, Irish stockings, course wollen stuffs, servants shirts or course lynnen to make shirts, or sheets for servants, or course wollen clothes for fittinge for servants apparell, and after wards doe sell the same at dearer rates than he bought the same, shall be judged, reputed and taken an unlawful ingrosser and ingrossors, and shall receive such punishment as is appoynted by the statutes and the lawes of England. Neverthelesse, this act any thinge therein conteyned shall not preiudice any marchant or other that shall buy any of the goods aforesaid for any planter in any remote plantation, haveing under the hands of the planters there to buy any of the goods aforesaid for theire uses, and to take such allowance as they can agree, provided that he buy no more than he hath order to buy, and that such goods soe bought be onlie and meerelie necessarie for the use of that plantation. | Ingrossers defined. Act not to extend to certain persons. |
| ACT VII. | |
| An act made to repeale the 24th act made the 4th day of September 1632 and for the shipps to pay powder and shott to the ffort. | |
| FOR divers considerations it is thought fitt and soe ordered, That the 24th act made the 4th of September, 1632, be repealed and stand voyd, and this ensuinge act be instead thereof in full force and power. | Former act repealed. |
| Be it therefore enacted by the authoritie of this present Grand Assembly, That every shipp cominge out of the ocean unto the habour at Poynt Comfort, in dischardge of all payments and duties there for the said shipp, shall pay one quarter of a pound of powder and shott proportionably for every tunn of burthen that the said shipp is of. And the commander of the ffort at Poynt Comfort shall hereby have power to require and take the same. | Duty on every ship, payable in powder and shot. By whom collected. |
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| ACT VIII. | |
| An act to repeale the 25th act made the 4th of September 1632, and that Hempe and Flaxe be planted. | |
| IT is ordered, That the 25th act made 4th day of September 1632 be repealed and voyd. And that every planter as soone as he may, provide seede of flaxe and hempe and sowe the same. | |
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| ACT IX. | |
| An act against Transportation of Cowes and Female Catle. | |
| WHEREAS it doth appeare that the late preservation of female neate catle within this colony hath much encreased the nomber of them and inritcht this colony, and the continewance thereof yet for a tyme will much encrease the nomber of the further; It is ordered, That no cowes, heifers, or female catle be transported to any other parts out of the government of this colony now established, upon the forfeiture of the catle soe transported, or the true value of them, the one halfe of which forfeiture shall be to the informer, and the other | Preamble. No female cattle to be exported. |
| halfe to publique uses, And this act to continew in force untill the next Generall Assembly. | |
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| ACT. X. | |
| An act that no Armes or Amunition be sould to the Indians. | |
| IT is ordered and appoynted, That yf any person or persons shall sell or barter any gunns, powder, shott, or any armes or amunition unto any Indian or Indians within this territorie, the said person or persons shall forfeite to publique uses all the goods and chattells that he or they then have to theire owne use, and shall also suffer imprisonment duringe life, the one halfe of which forfeiture shall be to him or them that shall informe and the other halfe to publique uses. | No arms or ammunition to be sold or bartered to the Indians.
Penalty. |
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| ACT. XI. | |
| An act that no cloath be sould to the Indians. | |
| WHEREAS there hath beene great quantities of cloath, bayes, and cotton, bought upp out of the stores of this colony, by such as have traded the same with the Indians, at such tyme when as the inhabitants have beene in great want and neede. Now although all trade with the natives is to be cherished for many respects, yett it is thought fitt that the necessitie of our present want, be first to be supplyed, And therefore it is ordered, That no person or persons, doe trade or trucke any such cloath, cotton or bayes, unto any Indians which is or shall be brought into this colony, as marchandize intended to be sould to the planters here, upon penaltie and forfeiture of double the value of such cloath, cotton or bayes, as any such person or persons shall trade or trucke unlesse the Governor uppon veiwe taken in the stores that there is such cloath, cotton or bayes doe give leave and lycense to trade and trucke such cloaths, cotton or bayes to the Indians. | Preamble. No cloth to be sold or bartered to the Indians. Penalty. Exception. |
| ACT XII. | |||||||||||||||
| An act for the Secretaries and Marshalls Fees in Money. | |||||||||||||||
| WHEREAS by the 57 and 58 acts made the 4th of September, 1632, the fees of the secretaries shall be appoynted in tobacco and corne, It is ordered by this present Grand Assembly, that the fees be rated in money as followeth, vizt. | Secretaries' & marshal's fees, to be paid in money. | ||||||||||||||
| The Secretaries fees to be −−− | |||||||||||||||
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Secretaries' fees. | ||||||||||||||
| The Marshalls fees to be −−− | |||||||||||||||
| Marshal's fees. | ||||||||||||||
| And for lodginge and diett as the prisoner and the marshall can agree. | |||||||||||||||
| And these fees as well for the secretarie as the marshall shall be paid in tobacco or corne accordinge as the rate then goeth. | |||||||||||||||
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| ACT XIII. | |||||||||||||||
| An act to repeale the allowance of the 20th Calfe, Kidd, or Pigge, to the Mynisters. | |||||||||||||||
| WHEREAS by the Assembly held on the first day of February 1632 the act intituled "An act concerninge the Mynisters' allowance," is onlie to continew | Preamble. |
| untill the session of this present Assembly, It is now thought fitt, That the said act be fully repealed, voyd, and of none effect untill it shall be fittinge to re-establish the sayd act. And for such mynisters as have not this yeare, for the tyme past, taken the sayd tythes of the 20th calfe, kidd, or pigge, It is also ordered, That the composition which they have made for the same, shall be paid unto the said mynisters this ensuing cropp, at the tyme when theire tobacco and corne is due unto them. | Act imposing tithes repealed; but the composition due to be paid. |
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| ACT XIV. | |
| An act act for the allowance of Store Keepers. | |
| IT is ordered, That the store keepers for the seaven stores appoynted by the Assembly shall have 1 per cent. for theire care in keepinge accounts of the severall parcells of tobacco receaved into these stores and theire attendance keepinge the keyes and carefull lookinge to the said tobacco. And it is ordered, That the store keeper at James Citty shall have 1 per cent. of all tobacco which shall be paid to any marchants for any kinde of goods bought for tobacco at James Citty; and the said store keeper at James Citty shall keepe sealed weights and lawfull and true stilliards allowed by the Governor to weigh all such tobacco, as shall passe out of the said store for goods bought at James Citty. And the said 1 lb. to tobacco shall be borne as followeth, vizt. one moyetie thereof by the planters, & one moyetie by the marchant or partie to whom the said tobacco shall be paid as aforesaid. | Commission allowed to the store keepers. Allowance to the store keeper at James City. To keep sealed weights, and lawful steelyards. Commission, how paid. |
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| ACT XV. | |
| An act for the payment of 1-2 a bushell of Corne to Captayne Mathewes. | |
| It is ordered, That the 1-2 bushell of corne which by the assembly was formerlie given to Captayne Samuell Mathewes, shall be brought to such landinge places as the commanders shall appoynt, that it may with the more conveniency be payed into such boates as shall be sent to collect the same. | Mode of collecting the corn formerly allowed to captain Mathews. |
| ACT XVI. | ||||||||||||||||
| An act for all new comers to pay 64 lb. of Tobacco in the maynteynance of the fort at Poynt Comfort. | ||||||||||||||||
| FFOR the maynteynance of the ffort at Poynt Comfort, It is enacted and ordered, That all such as have arrived in this colony since the takinge of the general muster for the paym't. of the generall debts the 4th Sept. last past, beinge freemen, and likewise all titheable persons of the said freemens families, shall pay in like manner as the planters of this colony have paid 64 lb. of tobacco per poll, to be paid the next cropp after theire arrivall, by soe many as shall be liveinge the first day of September; Nevertheless it is permitted unto them that yf the said new comers with theire families shall not plant tobacco the said first yeare, they shall be free and exempted from payinge the said 64 lb. of tobacco, And yf any surplusage shall remayne over and above the mayntenance of the ffort, It is thought fitt, that 1000 lb. of tobacco be allowed out of this levy of 64 lb. of tobacco unto the interpreter who shall be resident with the Governor. And the commanders, upon the first day of December, shall, togeather with the generall muster, deliver a list of such new comers in. And it is ordered that the several storekeepers for the stores in this colony, shall receave the said 64 lb. of tobacco, and deliver an account of the same unto Mr. John Corker the generall account. And this present assembly doe confirm and approve of the order of cort made the 14th day of December last past by the Governor and Counsell, vizt. | Duty imposed on new comers. Proviso. Allowance to interpreter residing with the governor. Commanders to deliver a list of new comers. Allowances made by order of court, confirmed. | |||||||||||||||
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| Extract frem the Judicial Proceedings of the Governor and Council, in Virginia. | |
"October 7th, 1634. −−− Henry Coleman excommunicated for 40 days, for using scornful speeches and putting on his hat in church, when according to an order of court, he was to acknowledge and ask forgiveness for an offence." −−− Ancient Records, vol. 3. pa. 225. | |
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| |
| [
Since the foregoing work was put to press, the Editor has discovered, in a MS. volume, with which
he was favored by the President of the United States (Mr. Jefferson) that all the preceding
extracts, as taken from the Ancient Records of the London Company, are accurately given. The
matter and arrangement of the two MSS. so entirely correspond, that they induce a belief that the
one was copied from the other. The MS. belonging to Mr. Jefferson was procured from the executor
of Richard Bland, Esq. and is in the same hand-writing with which the acts of 1632, and
several other public papers of that period are attested by "R. Hickman, Clk. of the
Secretary's Office," In this MS. there is a reference to the Roll in which the subject
matter may be found; which was not the case in the Records of the London Company.]
| |
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In 1634. The country divided into 8 shires, which are to governed as the shires in England. | |||
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"And Lieuten'ts. to be appointed the same as in England, and in a more especial manner to take care of the warr against Indians. And as in England sheriffs shall be elected to have the same power as there; and sergeants, and bailiffs where need requires." | |||
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| ATT A GRAND ASSEMBLY 6TH JANUARY, 1639 −−− SR FRANCIS WYATT, GOV.
|
The MS. from which the acts of this session were printed is now in the
library of Congress at Washington.
| ||
| ACT I. | |||
| TOBACCO by reason of excessive quantities made being soe low that the planters could not subsist by | Plan of encreasing the | ||
| |||
| * This MS. volume is lettered WRITINGS RELATING TO VIRGINIA," and contains most of the old charters, instruction to the governors, &c. At the end of the volume is an abstract of public papers, taken from the rolls, the number and page of which are referred to; but without regard to chronological order. The acts of 1639, appear to be a mere abridgement; and, from the hand-writing and orthography, it seems to have been made long posterior to their date. This abstract concludes with a list of the governors of Virginia, down to the year 1722, at which time, or shortly afterwards, it was probably compiled. The hand-writing on comparison appears to be that of "R. HICKMAN," by whom, as "CLERK OF THE SECRETARY'S OFFICE, several public papers are attested. |
| it or be inabled to raise more staple comodities or pay their debts, Enacted
that the tobacco of that year be viewed by sworn viewers and the rotten and unmerchantable and
half the good to be burned. So the whole quantitie made would come to 1,500000 without striping
and smoothing: and next 2 years 170lb. tobacco per poll stript and smoothed was to be made which
would make in the whole about 1,300000lb, and all creditors were to take 40lb. for a hundred.
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value of tobacco. Quantity limited −−− all the bad and half the good to be destroyed. Creditor to receive a certain part of his debt only. |
| ACT II. | |
| NOE man to be obliged to perform above half his covenants about
freighting tobacco in 1639.
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Relief of debtors, on tobacco contracts |
| ACT III. | |
| WHEREAS by reason of the late proclamation prohibiting (until further order from this Assembly) all trade for tobacco, diverse persons were indebted for money whose debts are to be satisfied in tobacco at 3d. per pound and merchants to advance but 30 per cent. on their goods and both debtor and creditor to be accountable according to the sale of the tobacco in England or the debtor may consign his tobacco and pay money. | Further relief of debtor and creditor. |
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| ACT IV. | |
| AFTER the planters debts are paid they shall not dispose of the remainder of their tobacco made 1693 under 3d. per pound at the first peny. | Limitation of price of tobacco. |
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| ACT V. | |
| A TUN of tobacco to consist of 4 hhds. and if any master of a ship exacted above £6 per tun freight he was to be fined at pleasure of Governor and Council. | Contents of a ton of tobacco. |
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| ACT VI. | |
| AFTER 10th May debtors to make tender of their tobacco before the viewers. | How tobacco to be tendered. |
| ACT VII. | |
| HOW public charges and impositions is to be paid, vizt. ministers 10lb. per poll to maintain himself, clk. and sexton; muster master gen'l. 3lb; capt. of the fort and ten guards, 3lb. Two lbs to be raised next year, to build a new fort at Point Comfort and 2lb. more to build a state house. | Public charges. ministers, &c. |
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| ACT VIII. | |
| NOT to pay above 2 thirds of their debts during the stint. | Debtors to pay 2 thirds of their debts only. |
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| ACT IX. | |
| TOBACCO made 1640 not to be sold under 12d per pound and 2s per lb. next year's crop, on forfeiture of the whole crop. | Price of tobacco made 1640. |
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| ACT X. | |
| ALL persons except negroes to be provided with arms and amunition or be fined at pleasure of the Governor and Council. | All persons to be armed except negroes. |
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| ACT XI. | |
| JAMES CITY to be the chief town and Governor is to have his residence there. | James City the metropolis. |
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| ACT XII. | |
| AN act against buying wine or liquors repealed. | Concerning wine. |
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| ACT XIII. | |
| AN act to plant orchards made in 1636 revived. | Orchards. |
| ACT XIV. | |
| ANY person may export to New England or other neighboring colony the 7th head of neat cattle and no more under penalty double value. | A certain proportion of cattle may be exported. |
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| ACT XV. | |
| NO person to buy corn of the neighbouring colonies or Indians unless it be 16s. per barrel, and then must first obtain Governor's commission for it, and when corn is under 12s. by such commission, may export it. | At what price corn may be bought & sold. |
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| ACT XVI. | |
| A DEED or mortgage made without delivery of possession to be adjudged fraudulent unless entered in some court. | Deeds and mortgages, when deemed fraudulent. |
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| ACT XVII. | |
| AN act in 1637, which makes it felony to barter with the Indians repealed, and enacted that for trading with them for arms and amunition shall be felony, and for other commodities imprisonment at discretion of the Governor and Council. | Trading with Indians. |
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| ACT XVIII. | |
| PLACES to be paled in to bury the dead in. | Burying grounds. |
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| ACT XIX. | |
| NO sheriff to compell any man to go off the plantation where he lives to choose burgisses. | Burgesses, how chosen. |
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| ACT XX. | |
| CHURCH wardens to present to monthly courts, and the court is to inflict punishments if within their cognizance. | Duty of church wardens. |
| ACT XXI. | |
| NOT to shoot or hunt on other men's land that is seated and bounds marked under penalty of 40s. but may pursue deer and shoot on their own land. | Shooting and hunting, how exercised. |
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| ACT XXII. | |
| WHAT shall be the bounds of Isle of Wight, Upper and Lower Norfolk Counties. | Boundaries of Isle of Wight and Lower Norfolk counties. |
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| ACT XXIII. | |
| HOGGS to be confined in pens by night and to have keepers by day or owner to satisfie all damages done by them. | Hogs to be confined. |
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| ACT XXIV. | |
| SEVEN years after date of patents, 2s. per hundred acres quitrents to be paid yearly , at some convenient place to be appointed in each county. | Quitrents, when payable. |
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| ACT XXV. | |
| CHISKIACK to be a parish. | Kiskyake parish. |
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| ACT XXVI. | |
| NO demorage to be allowed for the stay of ships −−− according to a proclamation for stinting and regulating tobacco. | Demurrage of vessels. |
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| ACT XXVII. | |
| A MAN that has a wife or child in England that did formerly reside here may be allowed a proportion of tobacco. | Privilege of certain planters. |
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| ACT XXVIII. | |
| COUNCIL and 10 servants each, exempted from publick charges. | Council and servants excepted. |
| ACT XXIX. | |
| THE act of 22d 8br. last concerning burgisses charges repealed, and the act in 1636 revived instead thereof. | Burgesses charges. |
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| ACT XXX. | |
| MR. Benjamin Harrison to be paid £ 7: 10: 0 sterling instead of 600 lb. tobacco due from the publick. | Compensation to B. Harrison. |
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| ACT XXXI. | |
| ORDINARY keepers to have instead of 6 lb. tobacco, or 18d. in money for a meale or gallon of beer but 12d. because of the great plenty of provisions. | Taverns rated. |
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| ACT XXXII. | |
| LAWNS Creek made a parish. | Parish. |
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| ACT XXXIII. | |
| BY an act in 1633 all masters of ships were to pay a proportion of powder and bullets to the fort at Poynt Comfort according to their tunnage Now enacted that they pay match and paper Roial proportionable to burden. | Duty payable at Point Comfort, altered. |
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| ACT XXXIV. | |
| LEVY 17 lb. tobacco per poll. | Public Levy. |
| LAWS OF VIRGINIA | |
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| Of the proceedings of the Grand Assembly of Virginia in the year 1642, we have no
remains, except two papers, the one entitled "The Declaration against the Company to be entered
as the twenty-first act;" the other, "A Remonstance of the Grand Assembly." The first is signed
by the Governor, member of the Council and House of Burgesses, and dated at James City, the first
day of April, 1642, in the 18th year of the reign of Charles, &c. immediately after which the
Assembly adjourned to meet on the second day of June in the same year: −−− The
other is dated the first day of July, 1642. These papers are preserved both in the Ancient
Records of the London Company, and in a manuscript volume belonging to Thomas Jefferson, Esq.
(President of the United States,) which was purchased by him from the executor of Richard Bland,
Esq. −−− From this last mentioned volume the following are extracted. See, for
the first, page 106; and, for the second, page 103.]
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| The Declaration against the Company to be entered as the twenty first act. | |
| TO all christian people to whom these presents shall come to be read, heard or understood, We the Governor, Council and Burgesses of the Grand Assembly in Virginia send greeting in our Lord God Everlasting; Whereas George Sandis, Esq. being appointed agent for the colony by an Assembly 1639 hath exhibited a petition in the name of the adventurers and planters in Virginia to the Honourable House of Commons in Parliament in England for the restoring of the letters patents of incorporation to the late Treasurer and Company −−− mistaking his advice and instructions from the said Assembly; for his so doing it being neither the meaning nor intent of the said Assembly or inhabitants here for to give way for the introducing of the said company or any other. |
| To which intent and purpose this Grand Assembly having fully debated and maturely considered the reasons on both sides as well arguing for as against a company and looking back into the condition of the times under the company as also upon the present state of the colony under his majesties government they find the late company in their government intollerable the present comparatively happy and that the old corporation cannot with any possibility be again introduced without absolute ruin and dissolution to the colony for these reasons following, vizt. | |
| 1st. The intollerable calamity of the colony we find proved by many illegal proceedings and barbarous torments inflicted upon divers of his majesties subject in the time of the said companies government all which appear per depositions taken at a Grand Assembly anno 1632 and is known to divers now living in the colony. | |
| Also we find the whole trade of the colony to the general grievance and complaint of the inhabitants then and now appearing to us monopolized by the said company insomuch that upon the going home of any person for his country it was not free for him to carry with him the fruits of his labour for his own comfort and relief but was forced to bring it to the magazine of the company and there to exchange it for useless and unprofitable wares. | |
| 2dly. The present happiness is exemplified to us by the freedom of yearly assemblies warranted unto us by his majesties gracious instructions and the legal trial per juries in all criminal and civil causes where it shall be demanded. And above all by his majesties royal incouragement unto us upon all occasions to address ourselves unto him by our humble petitions which doth so much distinguish our happiness from that of the former times that private letters to friends were rarely admited passage. | |
| To the third for introducing the old corporation without ruin and dissolution to the colony at present as a thing not possible we conceive we have these just grounds. | |
| 1st. there can be no right or property introduced for them without proving the illegality of the King's proceeding so that all grants since upon such a foundation |
| must of consequence be and tending to displeasure, we the present planters enjoy our lands by immediate grant from his majesty if (as it is argued in their petition) the King had no power to grant our possessions must give place to their claim which is one invincible argument (as we conceive) of the ruin and dissolution to the colony at present; when if their pretences take place we must be outed of all, And whereas it is alledged that the charter of orders from the Treasurer and Company anno 1618, gives us claim and right, to be members of the corporation quatenus planters we find the company by the said charter where members planters and adventurers are considered by themselves and distinguished in privileges from planters and adventurers not being members and we further ind ourselves (being the King's grantees) in the said charter condemned, the clause plainly pronouncing in these words (we do ordaine that all such persons as of their own voluntary will and authority shall remove into Virginia without any grant from us in a great and general quarter court in writing under our seals shall be deemed, as they are, occupiers of our land that is to say of the common land of us the said Treasurer and company) much more such grantees as have their right from an erronious judgment as they pretend. | |
| 2dly. That if the Company be renewed by which means they as aforesaid have leave and the strength of their own charter of orders publicly in this colony to displant us the wiser world we hope will excuse us if we be wary to depart with what (next our lives) nearest concerns us (which are our estates being the livelihood of ourselves, wives and children) to the curtesy and will of such taskmasters from whome we have already experimented so much oppression. | |
| 3dly. We may not admit of so unnatural a distance as a company will interpose between his sacred majesty and us his subjects from whose immediate protection we have received so many royal favours and gracious blessings. | |
| For by such admission | |
| 1st. We shall degenerate from the condition of our birth being naturalized under a monarchical government and not a popular and tumultuary government |
| depend upon greatest number of votes of persons of several humours and dispositions as this of a company must be granted to be from whose general quarter courts all laws binding the planters here did and would again issue. | |
| 2dly. We cannot without breach of natural duty and religion give up and resign the lands which we had granted and hold from the king upon certain annual rents (fitter as we humbly conceive if his majesty shall so please for a branch of his own royal stem then for a company) to the claim of a corporation; for besides our births our possessions enjoin us as a fealty without a salvafide aliis dominis | |
| We conceive by admission to a company the freedom of our trade (which is the blood and life of a commonwealth) is impeached; for they who with most secret reservation and most subtility argue for a company tho' they pretend to submit the government to the King yet they reserve to the corporation propriety to the land and power of managing the trade, which word managing in any sence taken we can no ways interpret, then a convertable to monopolizing; for whether in this sence that all the commodities raised in the colony shall be parted with, exchanged or vended at such rates and prises as they shall set down or such wares and merchandizes as they shall import or be disposed into their magazine or such bottoms as shall from time to time be licensed or ordered by them, or whether in this sence that the planters only such comodities and in such proportions as by advice and determination of their quarter courts shall be directed, still the terms and conditions of the planters are subjected to a monopoly that is to their sole guidance governing and managing with what reason we leave to the world to judge; for tho' we submit in depth of judgment and understanding to such as shall sit at the helm there, yet it is very possible and indeed most probable that at this distance wise men may mistake and there is more likelyhood that such as are acquainted with the clime and the accidents thereof may upon better grounds prescribe our advantages both for quantity and quality of comodities which by the bounty of his majesty we now enjoy by our Grand Assembly and in any other way will be destructive unto us according to our possession. |
| Though we may admit the pretence that the government shall be made good to the King that is that the King shall nominate and appoint the Governor. First we find it directly (besides the scope of the part which insists upon the restoring of the company in all formalities next we take it at best but for a falicie and trap not of capacity enough to catch men with eyes and foresight for upon a supposition that a governor shall be named and appointed by his majesty yet his dependance (so far forth as continuing or displacing) will by reason of their power and interest in great men there rest in them which necessarily brings with it conformity to their wills in whatsoever shall be commanded, which how pernicious it will be to the colony according to our assertion in the head we leave to the ablest judgments. | |
| We the Governor, Council and Burgesses of this present Grand Assembly having taken into serious consideration these and many other dangerous effects which must be concometant in and from a company or corporation have thought fit to declare and hereby do declare from ourselves and all the commonalty of this colony that it was never desired, sought after or endeavoured to be sought for either directly or indirectly by the consent of any Grand Assembly or the common consent of the people. And we do hereby further declare and testifie to all the world that we will never admit the restoring of the said company or any for or in their behalfs saving to ourselves herein a most faithful and loyal obedience to his sacred majesty our dread soverain,, whose royal and gracious protection and allowance and maintenance of this our just declaration and protestation we doubt not according to his accustomed clemency and benignity to his subject to find. And we do further enact and be it hereby enacted and manifested per authority aforesaid that what person or persons soever either is or hereafter shall be any planter of adventurer shall go about by any way or means either directly or indirectly to sue for advice, assist, abet countenance or contrive the reducing of this colony to a company or corporation or to introduce a contract or monopoly upon our persons, lands or comodities upon due proof or conviction of any of the premises, (to wit) by going about by any way or means to sue for, advise, assist, abet, countenance or contrive the reducing of this colony to a company or corporation, |
| or to introduce a contract or monopoly as aforesaid upon the due conviction as aforesaid shall be held and deemed an enemy to the colony and shall forfeit his or their whole estate or estates that shall be found within the limits of the colony the one half shall be and come to public uses the other moiety or half to the informer. This act to be in force and the penalty therein contained to extend to all the adventurers and planters now residing in the colony upon the publication at James City and to all adventurers and planters now in England or elsewhere out of the limits of the colony within five days after the arrival of this our said declaration, protestations and act within the kingdom of England, signed under our hands and sealed with our seal of the colony at James City the first day of April in the year of our Lord 1642 and in the eighteenth year of the reign of our soverain Lord Charles over England, &c. | |
| The Governor, Council and Burgesses of this present Grand Assembly taking into serious consideration the many and weighty business begun in this present Grand Assembly and which yet do remain unfinished and to prevent all doubts whether the passing of the acts already agreed upon will not be a determination of this Assembly do hereby enact and by the authority of this present Grand Assembly be it enacted that notwithstanding the passing and enacting of divers acts already agreed upon this present Assembly shall lest be determined but that it be adjourned to the Thursday in Whitson week being the second day of June next coming at which time and day the whole body of this present Assembly consisting of the Governor, Council and Burgesses shall repair to James City then and there to determine and finish all such matters as shall be found necessary to be concluded and enacted whether in matters already begun or other business that shall then begin or be proposed that may redound to the glory of God, the honour of his majesty and the good of the Colony. | |
| WILLIAM BERKELEY. | |
| Fran. Wyat, Sam. Mathews, Cha. Wormely, Wm. Peirce, Geo: Menefy, Henry Brown, Thos.
Pettus, Rich'd Bennet. |
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| GOD SAVE THE KING | ||
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| A REMONSTRACE OF THE GRAND ASSEMBLY. | ||
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| WHEREAS the natural and most wished effects of Assemblys may summarily be comprehended and the ordering and enacting of good and wholesome laws and ratifying and releiving of such disorders and grievances which are incident to all states and republic in which considerations this Assembly may seem to have declined and swerved from those true intents of so happy constitutions if their endeavours and declarations be apprehended either by a bare view of the laws few in number and therefore not answering the expectation of a meeting exceeding customary limits of time in this place used or by comparing the payments and levies now imposed much more free any in respect that in them the grievance of the inhabitants were principally stated, | ||
| It is therefore thought fit by them to present and remonstrate to the colony the weighty consequence and benefits redounding thereto by their late consultations. | ||
| 1st. The first is instanced by repealing the act of four pound per poll yearly to the Gov. which is a benefit |
| descending unto us and our posterity which we acknowledge contributed to us by our present Gov. | |
| Next by abollishing condemnations and censures (presidental from the time of the corporation) of the inhabitants from colonies service where in we may not likewise silence the bounty of our present Governor in preferring the public freedom before his particular profit in which act also we may pronounce the inhabitants absolutely to have recorded the birthright of their mother nation and the remains of the late companys oppression to be quite extinguished. | |
| 3dly, The near approach which we have made to the laws and customs of England in proceedings of the court and trials of causes. | |
| 4thly. The rules and formes set down for deciding of differencies and debates concerning titles of land and otherwise. | |
| 5thly. The appropriating and accomodating of parishes with metes and bounds that God Almighty may be the more duly served. | |
| 6thly. The treaties and overtures with the Gov. of the province of Mariland requiring much time for maturing and very successful in opening a trade in the Bay of Chessepiake. | |
| 7thly. The setling of peace with friendship with the Indians by mutual capitulation and articles agreed and concluded on in writing of many messages and interruptions lengthened. | |
| 8thly. The Common grievances releived and removed in asseasments proportioning in some measure payments according to mens abilities and estates augmented unto the wealthier sort by the number of the milk kind and in that relief afforded to the poorer sort of the inhabitants which course through the strangness thereof could not but require much time of controverting and debating. | |
| 9thly. Lastly the gracious inclination of his majesty ever ready to our protection and now more particularly assured to us together with the concurrence of a |
| happy parliament in England were the greater motives to us to take the opportunity of establishing our liberties and privileges and setling our estates often heretofore assaulted and threatned and was lately invaded by the late corporation and of preventing the future designs of monopolizers contractors and preemptors ever hitherto incessant upon us not only bereaving us of all cheerfulness and alacrety but usurping the benefit and disposition of our labours and we apprehended no time could be mispent or labour misplaced in gaining a firm peace to ourselves and posterity and a future imunity and ease from taxes and impositions which we expect to be the fruits of our endeavors and to which end we have thought it seasonable for us liberally and freely to open our purses not doubting but all well affected persons will all zeal and good affection embrace the purchase and pray to Almighty God for the success. −−− Given at a Grand Assembly at James City the first of July 1642. | |
| WILLIAM BERKELEY | |
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| Pages 178-209
| Pages 238-261
|