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AT A
GRAND ASSEMBLIE
HOLDEN AT JAMES CITTY THE SECOND DAY
OF
MARCH, 1642-3.
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2nd Revisal of the laws.
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| [From |
a MS. received from Edmund Randolph, Esq. which was once the property of Sir
John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death, it was
purchased, with his library, by Thomas Jefferson, Esq. from whom it was borrowed by Edmund
Randolph, Esq. ]
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|  The MS. from which the acts of this session were printed, is now in the
library of Congress at Washington.
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PRESENT Sir William Berkeley, knight Governor, &c.
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Richard Kemp, Esq.
Capt. Sam. Mathewes,
Capt. X'pofer Wormley,
Capt. Hen. Browne,
Mr. Rich. Bennett,
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}
} ESQUIRES.
}
}
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Capt. Thos. Pettus,
Capt. Hum. Higginson,
Capt. Wm. Bernard,
Mr. Geo. Ludlow,
Capt. Rich. Townsend,
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}
} ESQUIRES.
}
}
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| The names of the Burgesses for the several plantations are as followeth:
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| For Henrico county
| { Capt. Mathew Gough,
{ Mr. Arthur Bayly,
{ Mr. Dan: Luellin.
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| For Charles Citty county
| { Mr. Walter Aston,
{ Mr. Thos. Stegg, Speaker,
{ Mr. Walter Chiles.
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| For James Citty county
| { Capt. Robt. Hutchinson,
{ Mr. Rowland Sadler,
{ Mr. Hen. Filmer,
{ Capt. John
Fludd,
{ Mr. Stephen Webb,
{ Mr. Wm. Davis.
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For Warwick River
county
| { Capt. Tho. Flint,
{ Mr. Toby Smith.
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For Elizabeth City
county
| { Mr. John Branch,
{ Mr. John Hoddin.
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For the Isle of Wight
county
| { Mr. Anth. Jones,
{ Mr. Rich. Death.
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| For Vpper Norff. county
| { Mr. John Carter,
{ Mr. Randall Crew.
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| For Lower Norff. county
| { Mr. Cornelius Loyd,
{ Mr. Edward Windham,
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| For York county
| { Mr. John Chew,
{ Capt. John Chesman,
{ Mr. Wm. Tayler.
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| For Northampton county
| { Mr. Phillip Tayler,
{ Mr. Edmund Scarbrough.
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| WHEREAS the many and sundry acts and laws at former Grand Assemblies
established in severall books and volumes digested have been found very prejudiciall to the
Colony by this Grand Assembly, for reduceing the same into a more exact method and
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| order, And for preventing all mistakes & pretenses, which may arise from
misinterpretation or ignorance of the law's in force. It is therefore thought fitt, and
accordingly enacted by the Governour, Council & Burgesses of this Grand Assembly and the
authority acts and lawes of
all former Assemblies be from
repealed & made void. Such onely excepted, which are hereafter mentioned as followeth (vizt.)
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All former laws repealed.
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| ACT. I. |
| IN the first place Be it enacted for the advancement of
God's glorie and the weale publique, that these orders & constitutions hereafter following
concerninge the Church government be and remaine in full power, force & vertue.
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Church government.
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| That there be a vestrie held in each parish, for the makeing of the
leavies and assessments for such vses as are requisite & necessary for the repairing of the
churches, &c. and that there be yearly chosen two or more churchwardens in every parish.
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Church wardens.
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| Itt: That the most sufficient and selected men be chosen and joyned
to the minister and churchwardens to be of that vestrie.
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Vestry.
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| Itt: That there be a yearly meeting of the ministers & churchwardens
before the comander & com'rs. of every county court in nature of a visitation according to the
orders & constitutions of the church of England, which is there usually held every yeare after
Christma's.
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Visitation.
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| Itt: That there be an oath administered to the churchwardens that
they deliver in a true presentment in writing of such misdemeanors as to their knowledge have
been comitted the year before, whilst they have been churchwardens, namely, swearing, prophaning
God's name, and his holy Sabboths, abuseing his holy word and commandments, contemning his holy
sacraments or any thing belonging to his service or worship.
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Oath of church wardens.
What offences to
present.
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| Itt: If any person or persons of what degree or condition soever
shall abuse themselves with the high & foule offences of adultery, whoredome or fornication or
with the loathsome sinne of drunkennes in the abuse of God's creatures, of those and every those
to make a true presentment.
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Adultery, fornication, drunkenness.
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| Itt: That the littargie of the church of England for the
administration of the word & sacrament, be duely performed according to the booke of common
prayer, allowed by his Ma'tie & confirmed by consent of parliament.
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Sacrament.
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| Itt: That the churchwardens shall likewise at that time deliver upon
their oaths a true account of all leavies, collections & disbursments as have been in their time
concerning church affairs whereby all things concerning the same may be fairely carryed, And all
collections so made to be paid by the churchwardens, according to the order for the ministers
duties, & brought to the place appointed by the churchwardens for the time being.
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Levies, &c. to be returned by church wardens on oath.
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| Itt: That there be a true & perfect register kept in a booke &
yearly presented at the said visitation of all weddings, christenings & burialls and that the
clerke of every parish shall present to the commander of every monethly court a list of all
weddings, christenings & burialls within their parish the present moneth.
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Register of marriages, births and deaths.
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| That there be no marriage solemnized vnless by a license vnder the
signett from the Governour, or the banes lawfully published in the parish or parishes where both
parties do inhabite.
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Marriages not to be without licence or banns.
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| Itt: That the said meeting or visitation be after the coming in of
the new churchwardens & going out of the old, And that the old churchwardens be not discharged
until they have given vpp their presentment as aforesaid.
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Visitation, when to be.
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| Itt. That there be a place sett out and allotted for the buriall of
the dead in evrie plantation according to the appointment of the commander & minister of the
place.
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Burying grounds.
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| Itt. That every minister have his clark and also sexton, for the
keeping cleane of the churches, & other services in the absence of the ministers according to the
cannons of the church of England, & his or their meanes to be allowed by the parishoners.
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Clerks and sextons to be appointed.
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| That all freemen that are hired servants shall pay their own tithes
and duties are to be collected per pol for the country service.
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Who to pay tithes.
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| It is also enacted & confirmed, by the authority aforesaid
that the vestrie of evrie parish with the allowance
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Ministers, how appointed;
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| of the commander & com'rs. of the county living & resideing within the said parish, or
the vestrie alone in case of their non residence shall from henceforward have power, to elect and
make choyce of their ministers, And he or they so elected by the commander and comr's. or by the
vestrie in case of non residence as aforesaid to be recommended and presented to the said
comander and com'rs. or vestrie alone, tot he Governour & so by him admitted, Provided that it
shall be lawfull for the Gov'r. for the time being to elect and admit such a minister as he shall
allow of in James-Citty parish, And in any parish where the Governour & his successors shall have
a plantation provided he or they enjoy not that priviledge but in one parish where he or they
have such a plantation, and vpon the neglect or misbecomeing behaviour of the minsters or any of
them, compl't. thereof being made by the vestrie, The Governour & Council are requested so to
proceed against such minister or ministers by suspension or other punishment as they shall think
fitt & the offence require. Removeall of such ministers to be left to the Grand Assembly.
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and punished for neglect, &c.
May be suspended by the governor and council, but removed only by the general assembly.
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| Be it further enacted and confirmed for the releife of
diverse poore people that have been of very long continuance in the country, and are disabled to
labor by reason of sicknes, lamenes or age, The vestrie of everie parish are hereby enjoyned vpon
the complaint of such poore & vnable persons to give them a certificate to the com'rs. of the
county where such poore shall reside to testifie their poverty which shall free them from all
publique charges except the ministers' & parish duties.
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Poor to be exempted from public charges.
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| Be it also enacted and confirmed That there be tenn pounds
of tob'o. per poll & a bushell of corne per poll paid to the ministers within the severall
parishes of the collony for all tithable persons, that is to say, as well for all youths of
sixteen years of age as vpwards, as also for all negro women at the age of sixteen years, And it
is also further ordered for the better conveniencie & ease of the ministers that vpon the
twentieth of November if it be nos Sunday, & then vpon the day following (notice being first
given by the churchwardens a week before,) That the parishoners shall bring in the duties of tenn
pounds of tob'o. for the ministers vnto
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Ministers' allowance.
How
collected.
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| a place appointed by the churchwardens in that plantation, And that the ministers be
warned to be there, or appoint some others to receive the same, The said churchwardens to give
the aforesaid warneing, And it is likewise ordered that the duties of a bushel of corne to be
brought in vpon the 19th of December to a place appinted by the churchwardens in that plantation
by the minister (notice being given as aforesaid,) The payment to be made by two bushells of ears
for one bushell of shelled corne, & so rateably , And it is further ordered that if any planter
or parishoner do neglect the bringing of the corn or tob'o. as aforesaid, he or they for such
default shall forfeit double the quantity of tob'o. or corne to be leavied by distresse by the
authority of the commander, And it is further established that the ministers petty duties shall
be as followeth.
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Penalty for failure.
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| lb. tob.
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For solemnization of matrimony without a lycense
If with a license
For burialls
For churching
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100
10
10
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Fees to ministers.
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| ffor breaking ground in the church the pay is left to the churchwardens & vestrie.
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| ffor breaking ground in the chancell att the discretion of the ministers.
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| ACT II. |
| BE it also enacted & confirmed, that noe master or
commander of any vessel, boat, barke, or shipp, shall transport any person or persons out of the
collony except the said person or persons do produce a pass vnder the hand of the governour &
attested by the secretary, vpon the penalty to pay all such debts as any such person shall stand
indebted to any person within the collony, at his or their departure, And it is further ordered
that before any passe shall be signed to any person, he or they shall bring certificate to the
secretaries office from the commander or monethly court where he or they reside that he hath sett
vp his name tenn daies at the place of meeting of the county court or otherwise shall putt in
sufficient security for the payment of all debts that are due or oweing from them to any person
within the collony.
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No person to be transported out of the colony without a pass from
the governor, nor before he has advertised his intention or given security for all his debts.
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| ACT III. |
| IT is further enacted & confirmed, that the Governor &
Council shall not lay any taxes or impositions vpon this collonie their lands or comodities
otherwise then my the authority of the Grand Assembly to be leavied & imployed as by the Assembly
shall be appointed.
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Restrictions on ghe governor, &c. as to taxes.
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| ACT IV. |
| BE it also enacted & confirmed, that what person or persons
soever within the collony shall feloniously kill a tame hogg being none of his owne & being
thereof lawfully convicted shall suffer as a felon, And whosoever shall kill any wild hoggs
without lycense from the Governor, unles it be within the bounds of his own land shall for his
offence be censured by the Governor & Council, or in case it be within the bounds of his own land
such person killing any wild hoggs shall call two of his neighbors being housholders who may
wittnes that the hogg was vnmarked. And before such view of neighbors what persons soever shall
kill a wild vnmarked hogg, and cutt off his ears, shall be censured as aforesaid (as in case of a
transgressor for killing of wild hoggs without the bounds of his own lands,) The ears to be
brought in to the next commissioner as formerly, It is likewise thought fitt to be explained that
this clause of veiwing the ears shall extend to such as shall have license from the Governor for
killing of wild hoggs, Provided that this clause of killing of wild hoggs nor the penalty thereof
shall not extend to Smith's Iland.
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Punishment for feloniously killing a tame hogg.
For killing a wild hog, without license from the governor.
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| ACT V. |
| BE it also enacted & confirmed, That ev'rie planter shall
make a sufficient fence about his cleared ground, And if he be deficient therein what trespass or
damage he shall susteyne by hoggs, goats or cattle whatsoever shall be to his owne losse and
detriment, And also if it happen that any person shall hunt any of the said hoggs, goats or
cattle as aforesaid that shall so offend them & do them harm he shall make satisfaction for any
of them that shall be so hurt, to the owners of the said hoggs, goats or cattle, to be recovered
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Sufficient fences to be made.
Penalty for hunting or
killing hogs, &c. breaking into grounds not sufficiently fences.
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| within any court of justice within the collony. And it is thought fitt & so ordered that
where any hoggs, goats or cattle, shall endamage any planter for want of such ffence as aforesaid
and the party damnified do wilfully kill or otherwise hurt so as the said hoggs or cattle do die
of such hurt, whether by doggs sett vpon them or otherwise, in such cases the owner of the ground
shall not onely be liable to satisfie the full value of such hogg, goat or cattle, But by vertue
of this act shall be adjudged to satisfie double the value of such hoggs, goats, or cattle so
killed to the owners of them.
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| ACT VI. |
| BE it also enacted and confirmed for preventing and
redressing the great abuses by the excessive and exorbitant ingrossing of comodities brought into
the collony and forestallers of the market, (as hereafter is expressed, vizt.) what person or
person soever shall buy and shooes, Irish stockins, course woollen or linnen stockins, servants
shirts, or any linnen whatsoever, servants woollen clothes, or any woollen cloth whatsoever
strong liquors, soape, candle, sugar, fruite, spices, nailes, or any manner of ironware, armes,
amunition, or any necessarie comoditie whatsoever and do sell the same at a dearer rate then they
were bought by them, such person shall to all intents and purposes be counted an ingrosser and
foresteller, and such person or persons so offending against the premises, shall for every such
sale of the aforesaid goods forfeit double the valew of what the goods were sold by him or them,
halfe of which forfeiture shall be and come to the King's majestie, the other halfe to the
informer: Nevertheless it shall be lawfull any thing in this act to the contrary notwithstanding,
for any person haveing bought a servant and undergone the charge and hazard of seasoning of any
such servant, to make his best advantage by putting of or bartering such servant to any other
inhabitant within the collony.
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Ingrossing & forestalling defined.
Punishment of.
Exception.
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| ACT VII. |
| BE it also enacted and confirmed that according to his
majesties instructions no master of any shipp or vessel arriving to the collony shall breake
bulke or make
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Vessels restricted to James City.
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| sale of any goods or servants, nor any merchant or other person whatsoever arriving in
such shipp or vessel before such shipp or vessell shall arrive at the porte of James Citty, (at
which port they shall ride at anchor four and twenty hours at least.) And it is further ordered,
that if any master, merchant or any other person whatsoever shall offend against the premises,
such master shall forfeit for such offence of breaking bulk two pounds of powder for each tunn of
burden, one moyity whereof shall be and come to the publique stock and the other moyity to the
informer, And such master, merchant or any other person whatsoever for such offence of sale of
goods or servants before arrival to the aforesaid port, shall forfeit the full valew of the goods
and servants so sould, the one halfe whereof shall be and come to the King's ma'tie and the other
half to the informer, And for removing and takeing away of all pretense of ignorance to this said
act by any master, merchant or any other person whatsoever, it is further ordered that the capt.
leu'tt. or other officer of the ffort shall affix a coppy of this act to the mainmast of any
shipp or vessell that shall arrive within James River, Provided that this act nor the penalty
thereof shall not extend to any shipp or vessell that shall be consigned to Charles River or
Northampton county.
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Penalty for failure.
Copy of this act to be fixed to the mainmast.
Exception.
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| ACT VIII. |
| BE it also enacted and confirmed that there be two acres of
corne planted for every worker in the ground, And for the better execution of this said act, it
is further ordered that all constables within their severall lymitts and precincts shall take a
veiw of every man's corne vpon the ground, and where the proportion of two acres is wanting, the
constables of the said lymitts shall present their defaults to the comissioners of the monethly
courts which by vertue of this act are required to make inquiry thereof, and are further
authorized to impose a fine of five hundred pounds of tobacco per acre defective vpon such person
or persons whom they find delinquent in the premises one halfe whereof shall be and come to the
constable or any other informer and the other halfe to publique vses for the good of the county
where the offence is committed.
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Two acres of corn to be planted for each worker.
Constables to present for failure.
Penalty.
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| ACT IX. |
| BE it also enacted and confirmed, that all comanders or
masters of shipps comeing out of the ocean into the harbor of Poynt Comfort or elcewhere within
the lymitts of the collonie shall pay vnto the capt. of the ffort, his deputy or deputyes or such
whom the governor shall appoint a quarter of a pound of powder and shott proportionable for every
tunn of burden that the shipp, shall be of, as also match and paper royal according to their
burden or tunns, The burden to be accounted as they are entered at the custome house or as they
doe pay to the lights or other duties in the kingdome of England, And it is further enacted that
all commanders and masters of shipps shall at their arrivall give in a true list vpon oath to the
capt. of the ffort or his deputy of the nomber of the passengers.
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Fort duties payable at Point Comfort of powder, shot, &c.
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| ACT X. |
| BE it also enacted and confirmed, for a finall
determination of the Isle of Weight county, Vpper and Lower Norff: counties that the Isle of
Weight county shall beginn at Lawne's creek and from thence to extend downe along the maine river
vnto the plantation of Rich: Hayes formerly belonging vnto John Howard including the said
plantation and family from thence to extend from the main river into the woods southerly vnto the
plantation of William Nowell and Mr. Robert Pitt including likewise the said plantation and
familys and from thence southerly as aforesaid.
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Boundaries of Isle of Wight, Upper & Lower Norfolk counties.
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| And the vpper county of New Norff: to begin at the aforesaid
plantation of Rich: Hayes and from thence into the woods southerly as aforesaid, and by the mayne
river, from thence to extend downe by the mayne river into the creeke near vnto the plantation of
the said ffrancis Bullock being the first creek to the westward of Crayne Poynt, including the
plantation of the said ffrancis Bullock, and no waies trenching vpon the western branch of
Elizabeth River, nor the creeks thereof which do belong to the county of the Lower Norff:
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| These bounds being sett and lymitted by the consent and agreement of
the burgesses for the said countyes.
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| ACT XI. |
| WHEREAS the rights and interests of the inhabitants are very much
infringed by hunting and shooting of divers men vpon their neighbours lands and dividents
contrary to the priviledges granted to them by their patents, whereby many injuries do dayly
happen to the great damage of the owners of the land whereon such hunting or shooting is vsed.
It is therefore enacted and confirmed that if any planter or person shall hunt or shoot
vpon or within the precincts ro lymitts of his neighbour or other divident without leave first
obtained for his soe doing, and having been warned by the owner of the land to forbear hunting
and shooting as aforesaid, he or they soe offending shall forfeit for everie such offence foure
hundred pounds of tobacco, the one halfe to the owner of the land, the other halfe to publick
vses −−− Notwithstanding it shall and may be lawfull for any person or planter
to hunt or shoot uppon any divident of land not being planted or seated without any restraint or
penalty, Provided that the lymitts of everie divident be bounded with certain and noted marks.
Provided also that it shall be lawfull for any person having shott a deare or other game without
the lymitts of any man's land to pursue the said deare or game into the divident of another man,
and freely to carry away the same without any trespass against the owner or proprietor of the
said land and without incurring the penalty of this said act.
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Penalty for hunting or shooting upon another man's land.
Proviso.
Further proviso.
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| ACT XII. |
| WHEREAS divers persons as dayly experience informeth doe closely and
privately convey over their estates by way of mortgage not delivering possession whereby the
creditors are defrauded and defeated of their just debts not having knowledge of the same, Be
it therefore enacted and confirmed, for redresse of the like inconveniencies hereafter that
what person or persons soever either have since January 1639 or hereafter shall make or pass over
any conveyance as aforesaid of any part or parcell of his estate in any other way or manner then
what shall be done and acknowledged at a quarter court or monethly court and there registred
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Mortgages to be registered in quarter or monthly courts; or
deemed fraudulent as to creditors.
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| such conveyance shall be adjudged fraudulent and to all intents and purposes void and of
none effect. Provided that this act shall not extend to such persons who for satisfaction of just
debts shall make a bill of sale of their estate or any part of them, and therevpon deliver the
estate mentioned in the bill of sale into the possession of the creditor, but that such act shall
be good to all intents and purposes although it be not done, nor acknowledgment thereof made in
any court within the collonie as if this act had never been.
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Proviso.
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| ACT XIII. |
| BE it further enacted and confirmed that the plantation and
county now knowne by the name of Achommack shall be knowne and called by the county of North'ton,
It is likewise enacted and confirmed that Charles River county shall be distinguished by this
name (the County of York) And that Warwick River shall be called the County of Warwick, And that
Chickahomini parish shall be nominated and called Wallingford.
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Name of Accomac changed to Nor'ampton, of Charles River to York,
and Warwick River to Warwick.
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| ACT XIV. |
| BE it also enacted and confirmed vpon consideration had of
the large extent of the county of North'ton and the great inconvenience for the inhabitants to be
all of one parish that the said county shall be divided into two parishes, The bounds of the one
to be from the eastermost side of King's Creek towards the vttermost extent of land towards
Smith's Island including all the land between the bay of Chesopeiak and the seaboard side.
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Nor'ampton county divided into two parishes.
1st
parish.
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| And the other parish, from the northward side of the said King's
Creek to Nuswattocks including all the lands between the said bay of Chesopeiak and the seaboard
side.
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2d parish.
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| Be it also enacted and confirmed that the inhabitants of
Mrs. Edlow's divident lying above Sandy Poynt shall be taken and admitted into the parish of
Wallingford.
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| ACT XV. |
| BE it enacted and confirmed that Warwick county shall be
bounded as followeth: from the mouth of Keth's* creek vpp along the lower side of
the head of it, including all the divident of Mr. Thomas Harwood (provided it prejudice not the
antient bounds of James Citty county) with Mulberry Island, Stanly Hundred, Warwick River, with
all the land belonging to the Mills. and so down to Newports News with the families of Skowen's
damms and Persimon Ponds.
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Warwick county, boundaries of.
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| ACT XVI. |
| BE it further enacted and confirmed, vpon the petition of
the inhabitants of Linhaven parish, by the Governor, Council and Burgesses of this Grand assembly
that the parish of Linhaven be bounded as followeth (vizt.)
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Linhaven parish, boundaries of.
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| To beginn at the first creek shooting out of Chesopeiack bay called
the Little Creek including all the branches of the said creek and thence extending to the head of
Lynhaven river, including all the branches o the said river, and thence to extend down to the
head of the easterne branch of Elizab: River to a creek on the northward side of the said branch
called the Broad Creek, and on the southward side to a creek called the Indian creek, Provided it
be not prejudiciall to the parishes of Eliz: River and southerne shoar by takeing away any parte
of the said parishes, And it is furhter enacted and confirmed by the authority aforesaid that the
inhabitants of Lynhaven parish shall not be compelled by any officer to be exercised in maritall
discipline beyond the lymitts of the said parish, And that the said parishoners shall have the
free liberty and priviledge of electing and choosing Burgesses for the said parish.
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May elect burgesses.
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| ACT XVII. |
| FFOR the better inabling the inhabitants of this collony to the
religious worship and service of Almighty God which is often neglected and slackened by
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Upper Norfolk county divided into parishes.
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| * Note in the MS. "now Skisser"
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| the inconvenience and remote vastnes of parishes, It is therefore enacted and
confirmed by the authority of this present Grand Assembly, that the county of Vpper Norff:
shall be divided into three distinct parishes (vizt.) one on the south side of Nansimum River,
The bounds of the parish to beginn from the present gleab to the head of the said river, on the
other side of the river, the bounds to be lymitted from Cooling's Creek including both sides of
the creek vpwards to the head of the Westerne Branch and to be nominated the South parish.
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1st parish.
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| It is also thought fitt and confirmed that the east side of
Nansimum River from the present gleab downewards to the mouth of the said River be a peculiar
parish to which the gleab and parsonage house that now is shall be appropriated and called the
est parish. −−− The third parish to beginn on the westerly side of Nansimum
River to be lymitted from Coolings Creek as aforesaid and to extend downewards to the mouth of
the River including all Chuckatuck on both sides and the Ragged Isands and to be known by the
name of the West parish.
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2d parish.
3d parish.
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Be it also enacted and confirmed that the parish of
Chesckake be called Hampton Parish.
Be it also enacted and confirmed for the conveniency of the
inhabitants on both sides of Appomattock River being farr remote from the parish church of the
said plantation vpon Appomatttock be bounded into a parish by themselves as followeth, to beginn
at Causon's ffeild within the mouth of Appomattock River on the eastward side, and at Powell's
Creek on the westward side of the river, and so to extend vp the river to the falls on both sides
and the said parish to be called by the name of Bristoll.
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Names of certain parishes changed and new ones formed.
Bristol parish.
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| Be it also enacted and confirmed that the bounds of the
parish of Weynoak be as followeth, beginning at the creek called David Jon's creek, and so
vpwards along the mayne river vnto the Oldman's Creek, and over the river to fflowerday Hundred
and so downe the river on that side the water vnto Chippoaks's Creek where Charles Citty county
endeth.
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Weyanoake parish.
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| ACT XVIII. |
| Be it also enacted and confirmed vpon consideration had of
the godly disposition and good intent of Benjamin Symms, dec. in founding by his last will and
testament a freeschool in Elizabeth county, for the incouragement of all others in the like pious
performances, that the said will and testament with all donations therein contained concerning
the ffreeschool and the scituation thereof in the said county and the land appurteining to the
same, shall be confirmed according to the true meaning and godly intent of the said testator
without any alienation or conversion thereof to any place or county.
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Confirmation of the will of Benjamin Symms, giving lands in
Elizabeth City for a free school.
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| ACT XIX. |
| WHEREAS much ground intended for James Citty hath layen long
deserted by the antient proprietors who neither built themselves nor suffer others, This
present Grand Assembly doth hereby enact and confirme that all such that have build decent
houses vpon ground so deserted towards the making of a Towne since January 1640 or shall add more
to them after publication of these acts shall hold them without interruption of the said
proprietors or any of them, according to the custome and his majesties and their lordships
instructions concerning land, Provided allwaies that the said antient owner shall have allotted
him as much ground in stead thereof as near the towne as conveniently may be, Provided allways in
such ground so deserted such as shall build vpon it and take it vpp for themselves shall pay to
his majestie all such and the like rent or rents as are reserved vpon the grant to the first
proprietor as in the case of other land deserted.
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Vacant lots in James city to be built upon by others.
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| ACT XX. |
| WHEREAS many great abuses & much detriment have been found to arise
both against the law of God and likewise to the service of manye masters of families in the
collony occasioned through secret marriages of servants, their masters and mistresses being not
any ways made privy thereto, as also by committing
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Punishment on servants marrying without leave of their owners.
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| of fornication, for preventing the like abuses hereafter, Be it enacted and
confirmed by this Grand Assembly that what man servant soever hath since January 1640 or
hereafter shall secretly marry with any mayd or woman servant without the consent of her master
or mistres if she be a widow, he or they so offending shall n the first place serve out his or
their tyme or tymes with his or their masters or mistresses, and after shall serve his or their
master or mistress one compleat year more for such offence committed, And the mayd or woman
servant so marrying without consent as aforesaid shall for such her offence double the tyme of
service with her master and mistress, And a ffreeman so offending shall give satisfaction to the
master or mistress by doubling the value of the service and pay a ffine of five hundred pounds of
tobacco to the parish where such offence shall be comitted, And it is also further enacted and
confirmed by the authority of this Grand Assembly that if any man servant shall comit the act of
fornication with any mayd or woman servant, he shall for his offence, besides the punishment by
the law appointed in like cases, give satisfaction for the losse of her service, by one whole
year's service, when he shall be free from his master according to his indentures, And if it so
fall out that a freeman offend, as formerly he shall be compelled to make satisfaction to the
master or mistris of the said woman servant by his service for one compleat year, or otherwise
give forthwith such valuable consideration as the comissioners in their discretion shall think
fitt.
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Also for committing fornication.
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| ACT XXI. |
| WHEREAS complaints are at every quarter court exhibitted against
divers persons who entertain and enter into covenants with runaway servants and freemen who have
formerly hired themselves to others to the great prejudice if not the vtter vndoing of divers
poor men, thereby also encourageing servants to runn from their masters and obscure themselves in
some remote plantations, Vpon consideration had for the future preventing of the like injurious
and vnjust dealings, Be it enacted and confirmed that what person or persons soever
shall entertain any person as hireling, or sharer or vpon any other conditions for one whole
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Penalty for harbouring or dealing with a runaway servant or
hireling.
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| yeare without certificate from the commander or any one commissioner of the place, that
he or she is free from any ingagement of service, The person so hireing without such certificate
as aforesaid, shall for every night that he or she entertaineth any servant either as hireling or
otherwise, fforfeit to the master or mistris of the said servant twenty pounds of tobacco, And
for evrie freeman which he or she entertaineth (formerly hired by another) for a year as
aforesaid, he or she shall forfeit to the party who had first hired him twenty pounds of tobacco
for every night deteyned. And for everie freeman which he or she entertaineth (though he hath not
formerly hired himselfe to another) without certificate as aforesaid, And in all these cases the
party hired shall receive such censure and punishment as shall be thought fitt by the Governor
and Counsell: Allways provided that if any such runnaway servants or hired freemen shall produce
a certificate, wherein it appears that they are freed from their former masters service or from
any such ingagement respectively, if afterwards it shall be proved that the said certificates are
counterfeit then the retayner not to suffer according to the penalty of this act, But such
punishment shall be inflicted vpon the forger and procurer thereof as the Governor and Council
shall think fitt.
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| ACT XXII. |
| WHEREAS there are divers loytering runaways in the collony who very
often absent themselves from their masters service, And sometimes in two or three monthes cannot
be found, whereby their said masters are at great charge in finding them, And many times even tot
he losse of their year's labour before they be had, Be it therefore enacted and confirmed
that all runnaways that shall absent themselves from their said masters service shall be
lyable to make satisfaction by service at the end of their tymes by indenture (vizt.) double the
tyme of service soe neglected, And in some cases more if the comissioners for the place appointed
shall find it requisite and convenient. And if such runnaways shall be found to transgrese the
second time or oftener (if it shall be duely proved against hem) that then they shall be branded
in the cheek with the
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Runaway servants, how punished.
For a second offence to be branded on
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| letter R. and passe vnder the statute of incorrigible rogues. Provided notwithstanding
that where any servants shall have just cause of complaint against their masters or mistrises by
harsh or vnchristianlike vsage or otherways for want of diet, or convenient necessaryes that then
it shall be lawfull for any such servant or servants to repaire to the next comissioner to make
his or their complaint, And if the said commissioner shall find by good and sufficient proofes,
that the said servant's cause of complaint is just, The said comissioner is hereby required to
give order for the warning of any such master or mistris before the comissioners in theire
seuerall county courts, where the matter in difference shall be decided as they in their
discretions shall think fitt, And that care be had that no such servant or servants be misvsed by
their masters or mistrises, where they shall find the cause of complaint to be just. Be it
further also enacted that if any servant running away as aforesaid shall carrie either peice,
powder and shott, And leave either all or any of them with the Indians, And being thereof
lawfully convicted shall suffer death as in case of ffelony.
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the cheek with the letter R.
Proviso in case of ill
usage of master.
Felony to carry powder, &c. to the Indians.
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| ACT XXIII. |
| BE it also enacted and confirmed, that what person or
persons soever shall sell or barter with any Indian or Indians for peece, powder and shott and
being thereof lawfully convicted, shall forfeit his whole estate, the one halfe to the informer
the other halfe to the vse of the county where such ffact shall be committed, And if any person
shall barter or trade with the Indians for any other comodities such person shall suffer
imprisonment at the discretion of the Governour and Counsel, And whereas it is informed that
divers persons do entertain Indians to kill deare or other game, And do furnish the said Indians
with peeces, powder and shott, by which great abuse, not onely the Indians (to the great
indangering of the collony) are instructed in the vse of ovr arms, but have opportunity given
them to store themselves as well with arms as powder and shott, Be it therefore enacted, That
what person or persons soever within the collony, shall lend any Indian either peece, powder and
shott, It shall be lawfull for any person meeting with any such Indian so furnished, to
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Penalty for selling arms and ammunition to the Indians, or
dealing with them.
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| take away either peece, powder or shott, so as such person taking away either peece,
powder or shott do carrie the same to the comander of the county, and acquaint him therewith,
which said comander is hereby authorized to give possession to the informer either of the peece,
powder or shott so brought before him, Ad the said commander is further require, to make a strict
inquire and examination to find out such person that did lend or give such peece, powder or shott
to the Indians, And in case the said commander or other commanders in examination shall find any
person by just proofe delinquent in the premises, he or they are to bind over the said party to
answer the same, before the Governor and Counsell the ensuing quarter court, and in such case the
party delinquent for his just offence shall forfeit two thousand pounds of tobacco, the one half
whereof shall be an come to the King's majesty, the other halfe to the informer, And it is
further enacted that such delinquent for his second offence shall forfeit his whole estate, one
halfe to the King, the other halfe to the informer. And this act to be of force after publication
hereof in each county.
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| ACT XXIV. |
| THE Governor and Counsell with the Burgesses of the Grand Assembly
haveinge taken into serious consideration the estate of the collony and finding that many people
have (through their ingagements in England) forsaken their native countrey and repaired hither
with resolution to abide here, hopeing in time to gain some competency of subsistance by their
labors, Yet neverth'les their creditors hearing of their abroad here in the collony, have
prosecuted them with their actions to the ruin of the said debtors, And having duely weighed the
causes and reasons induceing such debtors to leave their countrey and friends, And if such suits
and pleas be thus early admitted before the countrey shall come to better maturity, It might
hazard the deserting of a great part of the country, Therefore that the generall good be
preferred before the particular ends of any person, The Governor, Counsel and Burgesses do
hereby enact and confirm, that all process & suits of this nature be suspended vntil his
majestie shall
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Process against debtors lately arrived from England suspended.
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| signifie his royal pleasure herein, Provided that if it shall appear to the Governor and
counsell that the debt soe impleaded have relation to the collony either for adventure of any
goods or for the accomodation of any planter in or for his return into the collony, Then it shall
and may be lawfull for any creditor vpon just proofe of his debt to have such releif as in
justice shall be found due. Any thing in this act to the contrary notwithstanding.
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Proviso.
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| ACT XXV. |
| BE it also enacted and confirmed that the order of court
made the 8th of October 1630 for the grant of land to the Vndertakers that seated the first and
second year vpon Chescake and Yorke be hereby ratified and confirmed vnto the said vndertakers
according to the true intent of the said order.
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Order of court of 1630 granting land to
certain setlers confirmed.
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| ACT XXVI. |
| WHEREAS divers controversies have risen between masters and servants
being brought into the collony without indentures or covenants to testifie their agreements
whereby both masters and servants have been often prejudiced, Be it therefore enacted and
confirmed for prevention of future controversies of the like nature, that such servants as
shall be imported haveing no indentures or covenants either men or women if they be above twenty
year old to serve fowre year, if they shall be above twelve and vnder twenty to serve five years,
And if under twelve to serve seaven years.
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Servants brought in without indentures, how long to serve.
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| ACT XXVII. |
| BE it further enacted and confirmed by the authority aforesaid
that no blank warrant shall be made or executed by any clerk or sheriffe within the collony,
And also that no writ or process be directed to more than one sheriffe (vnles against felons
runnaway
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No blank warrant to issue; & no writ to be directed to more than
one sheriff.
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| ACT XXIX. |
| BE it also enacted that no person or persons whatsoever for
any offence already committed or to be committed shall be hereafter adjudged to serve the
collony.
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Servitude for offences abolished.
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| ACT XXX. |
| WHEREAS by the 18th act of Assembly 1641, It was appointed for the
equall appraisments of goods seised by execution that all plts. and defts. should choose each of
them indifferent men for that purpose and in case of disagreement the said four or any three of
them do chuse an vmpire, which vmpire soe chosen, shall be sworn before the next comissioner to
praise such goods indifferently and his vmpirage to be final, and whereas the said act doth not
lymitt a convenient time for the chusing of appraisers as aforesaid which causeth much neglect
and delay to arise to the prejudice of divers persons if it be not prevented, Be it therefore
enacted by the authority of this Grand Assembly that if any persons either plt. or deft
shall neglect to appoint appraisers according to the real intent of the said act within three
days notice given them by any sheriff to whom execution of seizure shall be directed, It shall be
lawfull for any sheriff in case of neglect as aforesaid to chuse and appoint appraisers, either
for the plt. or deft. for the appraisment of any goods seized by execution as aforesaid.
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Goods taken in execution how appraised.
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| ACT XXXI. |
| BE it further enacted and confirmed that no sheriffe for
the future do retaine continue or
execute the office of a sheriffe any longer then one whole year in one county, And the said
sheriffe of everie county respectively doe bring in and yeeld vp at every March quarter court
yearly to the Governour and Counsell a just accompt of all publique comands committed to their
charge, At which time they are to be discharged at the said court, and also that all sherriffs
doe give good caution to the county courts for the performance of the trust comitted vnto them.
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Sheriffs to continue in office one year only.
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| ACT XXXII. |
| BE it also enacted and confirmed for the benefit of all
orphants that the comissioners of the severall county cours, do take into their serious
consideration and care that no land belonging to any orphant within their countys respectively,
be alienated, sold estranged or taken vp as deserted by any person or persons during their
minoritie, vntil three years after their full age, nor that they suffer, nor any waies conive at
the overseers or guardians intrusted for orphants as aforesaid, do farm, sett or lett to lease
any tenements or lands due to such orphants for any longer term of years then vntil the said
orphants shall come to age as aforesaid.
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Orphans' lands protected from sale, forfeiture, &c.
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| ACT XXXIII. |
| WHEREAS divers suits are and have been comenced in courts, depending
on the differences of land, to the great trouble and molestation of the whole collony, ffor
prevention thereof, be it enacted and confirmed, that if any person or persons
whatsoever have sett downe vpon any plantation or ground which did properly belong to any other
man. And if it shall fall out by a just survey to be the right of him, Although it hath been
formerly peopled, cleared and builded vpon by authoritie, that a valuable consideration be
allowed by the judgment of twelve men vpon oath to the first that hath seated vpon it, But if the
charge shall amount to more then the owner is willing to disburst, that he that is in possession
shall give satisfaction for the land what it may be judged worth, by twelve men before the
seating thereof, which jurie to be sworne by the next authoritie qualified to the administration
of an oath, Provided that this act shall not extend to any orphants land nor that such
land shall be accounted deserted vntil three years after the full age of any orphant.
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Persons settling on lands of others to be allowed for their
improvements, and if they exceed the value of the land, the 1st settler to have the land at
valuation.
Proviso in case of orphans.
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| ACT XXXIV. |
| WHEREAS there hath been the generall sufferinge of the collony, that
the orphants of divers deceased persons have been very much abused and prejudiced
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Guardians & overseers of orphans, their
duties.
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| in their estates by the negligence of overseers and guardians of such orphants, Be it
therefore enacted and confirmed, that the guardians and ouerseers of all orphants shall
carefully keep and preserve such estates as shall be comitted to their trust either by order of
court or otherwise, And shall likewise deliver an exact accompt once everie year to the
comissioners of the severall county courts respectively of the said estates and of the increase
and improvement, who are hereby required to keep an exact register thereof, And all overseers and
guardians of such orphants are injoyned by the authoritie aforesaid to educate and instruct them
according to their best endeavors in Christian religion and in rudiments of learning and to
provide for them necessaries according to the competence of their estates, And where any shall be
found delinquent in the premises the comissioners of the said county courts are required to take
the care of the said orphants and their estates into due consideration and to see them provided
for according to their estates and qualities.
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To account yearly to court.
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| ACT XXXV. |
| Be it enacted & confirmed, for the better observation of
the Sabbath that o person or persons shall take a voyage vppon the same, except it be to church
or for other causes of extreme necessitie vpon the penaltie of the forfeiture for such offence of
twenty pounds of tobacco being justly convicted for the same.
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Sabbath day how to be observed.
No voyage upon;
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| Be it further enacted & confirmed, for the better
observation of the Saboth and for the restraint of divers abuses committed in the collony by
vnlawfull shooting on the Sabbath day as aforesaid, vnles it shall be for the safety of his or
their plantations or corne fields or for defence against the Indians, he or they so offending
shall forfeit for his or their first offence being thereof lawfully convicted, if he be a freeman
the quantity of twenty pounds of tobacco, and if a servant to be punished at the discretion of
his master, And if masters of any such servants be remisse and negligent in the punishing of his
servant for the offence aforesaid he shall be liable to the forfeiture of twenty pounds of
tobacco, being justly convicted for the same.
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Or shooting.
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