Pages 238-261

Pages 282-309

262

ACT XXXVI.
FFOR as much as Walter Austin, Rice Hoe, Joseph Johnson and Walter Chiles for themselves & such others as they shall think fitt to joyn with them, did petition in the Assembly in June 1641 for leave & encouragement to vndertake the discovery of a new river or vnknowne land bearing west southerly from Appomattake river, Be it enacted and confirmed, that they and every of them and whome they admitt shall enjoy and possess to them, their heires, executors or administrators or assigns all profitt whatsoever they in their particular adventure can make vnto themselves by such discovery aforesaid, for fourteen years after the date of the said month January 1641, Provided there be reserved and paid vnto his majest's vse by them that shall be appointed to receive the same the fifth part Royall Mines whatsoever, Provided also, that if they shall think fitt to employ more than two or three men in the said discovery that they shall then do it by commission from the Governour and Counsell.	Discovery of a new river S. W. of Appamattox, authorised. Encouragement. Reservation of royal mines.
ACT XXXVII.
WHEREAS manie and great in conveniences do dayly aries by dealing for monie, Be it enacted and confirmed by the authoritie of this present Grand Assembly, that all monie debts made since the 26th day of March 1642 or hereafter shall be made shall not be pleadable or recoverable in any court of justice vnder this government, And that a coppie of this act be by the Capt. of the ffort or his deputy, be fixed on the mastes of all shipps vpon their arrivall within the government, to the intent that all people whatsoever might take notice hereof.	Money debts not pleadable or recoverable.
ACT XXXVII.
FFOR as much as divers men have been att great charges for the laying out and surveying their severall dividents according to a former order of court for the surer and certainer settlements of themselves in their estates, Be it enacted and confirmed, that all surveys made by allowed surveyors, are hereby approved	All former surveys of land confirmed.

263

as authentick, And that no person or persons whatsoever who hath layd out or surveyed his or their land or lands shall be hereafter compelled to resurvey his or their land or lands by any surveyor or surveyors whatsoever.
ACT XXXIX.
FFOR the dispatch and reputation of public buisnesses, Be it enacted and confirmed that none of the Burgesses of this nor any following Assembly shall be arrested from the time of his election vntil ten days after disolution of the Assembly wherein he serves as a Burgesse.	Burgesses privileged from arrests.
ACT XL.
BE it enacted and confirmed by the authoritie of this Grand Assembly that the 22d day of March be yearly kept holy in commemoration of our deliverance from the Indians at the bloody massacre the 22d March 1621, And that the ministers of every parish give notice thereof to his parishoners the Sabbath day next before.	The 22d of March to be kept as a holy day.
ACT XLI.
IT is enacted and confirmed that masters of every family shall bring with them to church on Sondays one fixed and serviceable gun with sufficient powder and shott vpon penalty of ten pound of tobacco for every master of a family so offending to be disposed of by the churchwardens who shall leavy it by distresse, and servants being commanded and yet omitting shall receive twenty lashes on his or theire bard shoulders, by order from the county courts where he or they shall live.	Guns to be carried to church. Penalty.
ACT XLII.
IT is enacted and confirmed by the authority aforesaid that all such persons as were here or came in att the last comeing of Sir Tho. Gates should be exempted from their personall service to the wars and all	Old settlers exempted from public charges.

264

publique charges, ministers, duties excepted, not exempting their familyes excepting such as shall be imployed in cheife.	Exception.
ACT XLIII.
FFOR as much as divers persons suffer great damage by private and concealed takeing away of boats & canoos without license from the owners thereof, It is enacted and confirmed by the authoritie aforesaid that the comissioners of each county shall be hereby authorized and required to order and give satisfaction from the party soe trespassing vnto those injured by want of his or their boat, boats or canoos.	Boats and canoes, penalty for privately taking them.
ACT XLIV.
WHEREAS divers suits have been causelessly commenced when satisfaction hath been preferred, Yet creditors for sundry and sinister malicious ends have sued their debtors to the further charging of poor men and troubling of the government, Be it therefore enacted and confirmed that all plts. shall demand satisfaction for what the claim as due vnto them from the partie they sue, and make sufficient and legal proofes of such demands at the tyme when they shall sue, to the intent that if such satisfaction hath been prefered as the court shall approve, then the charges by such plts. who have vnnecessarily troubled their debtors.	Creditors suing their debtors who have tendered satisfaction, to pay costs.
ACT XLV.
IT is enacted and confirmed that no act of court or proclamation do here after enjoyne any obedience contrary to an act of Assembly vnless in manner of seating of new plantations, Provided that no refractory person do refuse obedience and conformitie to an act of Assembly vnder any pretence whatsoever vntil the reversal of the same by the following Assembly.	No act of court or proclamation to contravene an act of assembly
ACT XLVI.
BE it enacted and confirmed by the authoritie aforesaid that the sheriffs of the severall counties respectively	Sheriff of each county to keep prisoners

265

shall detaine and keep all such prisoners as shall from time to tyme happen to be within the said severall counties as there to have their tryall before the Governor and counsell att Ja: Citty vntill the first day of the said court which shall be appointed for their tryall, And that then the said sheriffs or their deputies are to deliver the said prisoners into the custody of the sheriff of James Citty, And be it further enacted and confirmed that the comissioners of the severall countyes doe take care that sufficient prisons be built for the vse of the severall countyes respectively.	for trial till the 1st day of the quarter court at Jas. City. Sufficient prisons to be built.
Be it further enacted and confirmed by the authoritie aforesaid that if any person shall happen to escape from the hands or custody of any sherriffs of any severall countyes respectively for want of a sufficient prison in each county, All such sheriffs shall find his remedie against the severall countyes which shall be delinquent in the building of prisons, And it is also enacted and confirmed that the said sheriffs shall bring in account att every Grand Assembly of such charges and disbursments as are occasioned in their severall countyes, by keeping his ma'ts. prisons and the said disbursments to be satisfied out the publique charge.	Counties not providing sufficient prisons liable for escapes.       Criminal charges to be rendered to the assembly.
ACT XLVII.
Be it further enacted and confirmed by the authoritie of this present Grand Assembly that the Secretarye his ffees shall be as followeth (vizt.)	Secretary's fees.
Imp's. for a pattent 50             ffor a commission of administration          50             ffor a ffreedom 50             ffor a probat 50             ffor a commission to trade 50             ffor a pass 30             ffor a common warrant 15             ffor a copie order 15             ffor execution 30             ffor recording per sheet 06
And it is further enacted and confirmed by the authoritie aforesaid that it shall be lawfull for Mr. Secretary or any for him to demand and take twelve pence for everie foure pounds of tobacco of such as are willing

266

267

If vnto two thousand 60 If above two thousand then 10lb. vpon every                           thousand ffor impannelling a jury for everie cause 12 ffor attachm't: halve as much as for execution               and accordingly.
Be it further enacted and confirmed by the authoritie of this present Grand Assembly that the inhabitants of the several counties and precincts shall be assessed in the defraying of the Burgesses charges expended in their imployment to be levied by the sheriff of each county respectively, And vpon refusall in case of nonpayment to make seizure by vertue of this authoritie, Allways provided that the Burgesses produce their charge to the countie courts, who are thereby required to rayse proportionably vpon the estates of tithable persons, And be it further enacted and confirmed that if any assembly be sumoned and disolved before the ffirst of March the charge of the Burgesses to be levied that present year, Provided, that if it happen in or after March to be satisfied the following yeare, And it is further enacted and confirmed by the authoritie aforesaid, that if any Burgesses shall employ their owne servants in their publique service as by attendance vpon any Burgesses, The inhabitants of the severall precincts respectively are to allow worke for so many days as they are soe employed.	Burgesses' wages to be levied on the counties.       Their accounts to be produced to the county courts.       Proviso where an assembly is summoned and dissolved. Burgesses to be allowed for their servants.
ACT XLVIII.
WHEREAS at an Assembly in June 1642 the orchard with two houses belonging to the collony were presented to the Governour Sr. William Berkly as a free and voluntary gift in consideration of many worthy favours manifested towards the collony, Be it therefore enacted and confirmed by the authoritie of this Grand Assembly that the said orchard and houses [a] be confirmed to the said Sr. William Berkley, Governour and to his heires for ever.	Donation of an orchard & houses to Sr. Wm. Berkeley confirmed.
ACT XLIX.
WHEREAS it was appointed by an act of Assembly January 1641, that noe debts made within	Money debts not pleadable
[a] "Howsen" in MS.

268

the collony for money shall be pleadable and recoverable in any courts within the same, The Governour, Counsell and Burgesses of this present Grand Assembly do hereby confirm the said act, Provided that according to an act of Assembly in June 1640, for the encouragement of those that are owners of horses, mares, and sheepe, that all money debts whatsoever made for any horses, mares, or sheepe shall be pleadable and recoverable in any courts within the collony any thing in the former act made in January 1641 or their said acts to the contrary notwithstanding.	or recoverable except contracted for horses, mares and sheep.
ACT L.
WHEREAS at an Assembly in January 1641, It was enacted that the com'rs. of everie monethly court respectively should seale all barrells brought vnto them, when they were therevnto required with this mark VG: which barrells are to containe five bushells of Winchester measure that is to say fourty gallons and all barrells so sealed to be allowed of and none others after the ffeast of St. John Baptist, next after the publication hereof, vnder the penaltie of a forfeiture of fourty pounds of tobacco for everie time such an vnsealed barrell if vsed after the feast aforesaid, And likewise for bushells vpon the penalty aforesaid, All persons whatsoever being thereby required to take notice of this act and accordingly to provide, This present Grand Assembly to all intents and purposes doth hereby confirm the said act.	Barrels to be sealed VG. Contents. Penalty. Bushels.
ACT LI.
WHEREAS it is enacted at an Assembly in January 1641, that according to a statute made in the third year of the reigne of our soverign Lord King James of blessed memory, and that no popish recusants should at any time hereafter exercize the place or places of secret councellors, register or commiss: surveyors or sheriffe, or any other publique place, but be vtterly disabled for the same, And further it was enacted that none should be admitted into any of the aforesaid offices or places before he or they had taken the oath of allegiance and supremacy, And if any person or persons whatsoever should by sinister or corrupt meanes	Popish recusants disabled from holding any offices.       Or persons refusing to take the oaths of allegiance & supremacy.

269

assume to himselfe any of the aforesaid places or any other publique office whatsoever and refuse to take the aforesaid oaths, he or they so convicted before an Assembly should be dismissed of his said office, And for his offence therein forfeit one thousand pounds of tobacco to be disposed of att the next Assembly after conviction, And it is further enacted by the authoritie aforesaid that the statute in force against the popish recusants be duely executed in this government, And that it should not be lawfull vnder the penaltie aforesaid for any popish preist that shall hereafter arrive to remaine above five days after warning given for his departure by the Governour or comander of the place where he or they shall bee, if wind and weather hinder not his departure, And that the said act should be in force ten days after the publication thereof, at James City, this present Grand Assembly to all intents and purposes doth hereby confirm the same.	Popish priests arriving to be sent out of the colony in 5 days.
ACT LII.
WHEREAS for the more ease of travellers, It was enacted by the Assembly in jan. 1641, that all ths countrey respectively provide and maintain fferrys and bridges and the leavy for payment to the fferrymen to be made by the comissioners where the fferry is kept, And where one creeke parts two counties, there each of them to contribute towards the maintenance of the said fferries, and bridges should be built and provided by the first of September following, And that all passengers whether strangers or other should be freed from payment otherwise then by the leavie, And that the fferrymen should give their due attendance from sunne rising to sunne setting, This present Grand Assembly to all intents and purposes doth hereby confirme the same.	Ferries and bridges to be established and kept at public expense.
ACT LIII.
WHEREAS at an Assembly in June 1642, vpon consideration had of the bad effects that tradeing and trucking with orphants may in time produce, It was thought fitt in due time so to provide that for the future no such bartering or tradeing be at all had with any orphans, And therefore did enact that what person	Dealing with minors prohibited under penalty or double the amount.

270

or persons soever shall barter, bargain, buy or sell with any orphants vnder age shall loose all that he so bartereth or changeth and shall alsoe forfeit double the quantitie thereof, the one moyetie to the informer, the other to his ma'tie, This present Grand Assembly to all intents and purposes doth hereby ratifye and confirme the same.
ACT LIV.
WHEREAS it was enacted att an Assembly in June 1642 that if any officer or other member of this collony whatsoever had been or should be molested or troubled in their persons or estates for the due performance and execution of any act or law made, here in the collony, he or they by whom any person should be troubled should be liable to satisfie all such charges and damages as should be justly proved to be occasioned by any such molestation, in the severall courts of this collony respectively, This present Grand Assembly doth hereby ratifie and confirme the same.	Punishment for resisting the execution of laws.
ACT LV.
WHEREAS it was enacted at an Assembly in June 1642 for want of due formes not before sett downe, for issueing of writs and returnes thereof for the proceeding of the quarter courts of this collony, in case of defalts of sherriffs and nonappearances of plts. and defts. which occasioned much trouble to the Government and great charge of inhabitants of the collony, That the quarter court shall begin as foll:	Quarter courts, terms of
March court to begin the first day of the month of March, if it be not Sunday if it be then on the next day, to continue eighteen days, Sunday not to be accounted as any of the cort days.	March term
The said court to have three returnes, the first return to be made three days before the first day of the sitting of the court.       The second returne on the sixth of the court.       The third on the 12th of the court: for every returne 150 writs that is for every day of the court 25 warrants.

271

June court to beginn vpon the first day of June in case it be not Sonday, then on the next day: to continue 10 dayes to have two returnes:	June term.
The first returne to be made three days before the first day of the court, The second on the 6th of the court to have ascertained 200 writts, one hundred for every returne that is 20 for every day.	Returns.
The like days for beginning and ending, the like returnes and numbers of writs for October court as for June court.	Oct. term. Returns.
The 4th court to begin on the 20th of November if not Sunday, if it be then on the next day following to continue and have the like returnes and number of writs and days as March court hath.	Nov. Term. Returns.
The writs to comand appearance vpon the first, second or third of the first, second or third returne according to the date thereof.	Writs.
The causes of suits to be exprest in the writs which may be inlarged by petition, between every arrest and return of the writ.	Causes of action to be expressed in.
The deft. to have 10 days time to provide himselfe, No arrest to be made in court time. The writs to go in the same tenor as formerly, The deft. vpon the returne of the writ, either by himselfe or his attorney, to enter his appearance in a booke to be kept by the clerke for that purpose, And also putt in his answer vnder his hand the third day of the returnes of the writ, the petitions and answers to be ffiled and remain in the secretary's office.	Arrests, when and where. Not to be made in court time. Appearance and defence.
The plt. to put in his petition vpon the day of appearance and in case of such neglect to be non suited, And the defendt's. cost to be awarded against him, If the deft. appears not after arrest, then the sheriff to be amerced in tobacco at the discretion of the court to the vse of the county, And the sherriffs to have their remedies against the parties bound for appearance.[a]	When to declare. Sheriff amerced if deft. fails to appear;
[a] This clause repealed by a subsequent one in this act; and the defendant fined 20 per cent.

272

The sherriffs for defaults of non returnes to be amerced for everie returne a hundred pounds of tobacco, Process and* executions issueing from the quarter courts to be signed by the Governour and attested by the Secretary, to go in the same forme, and no execution to be directed to more than one sheriffe.	and for default of returns. Teste of process & execution.
Appeals to be from the monethly courts to the quarter courts, The appealant to putt in present security for his appearance vpon the day of the quarter court for his abideing judgment of the court, and for the payment of double damages in case he be cast in the suit.	Appeal from monthly to quarter courts. Security. Double damages.
Appeales to lie from the quarter courts to the Assemblies with the former cautions and trebble damages, in case he be cast in the suit; which said act and everie clause therein is confirmed by this Grand Assembly, excepting the branch therein mentioned which imposeth a fine vpon sherriffs for non appearance of the defend'ts, And in stead and place thereof be it enacted that in case the defts. appeareth not after arrests either by himselfe or attorney, for the first default such person shall be adjudged by the court wherein the suit is depending to pay vnto the plt. 20lb. of tobacco for every hundred debt, for which he is then impleaded, And for the second default of such defts, The court as afore said to give judgment as in case of nihil dicet.	Appeal from quarter courts to assembly. Treble damages. Former act amercing sheriff for non-appearance of deft. repealed. Nil dicit.
ACT LVI.
WHEREAS it was enacted at an Assembly in June 1642 that the comissioners of the severall counties respectively should have power and authoritie to hear and determine all debts and differences vnder the summe of sixteen hundred pounds of tobacco or the valew thereof, Where also, It was enacted at the said Assembly that everie monthly court respectively should keep their courts monthly vpon the several days therein mentioned (vizt.)	Jurisdiction of monthly courts.
Henrico on the first of everie month.             Charles Citty the                   3d
"Passes on" in the MS.

273

Ja: County the                              6th             Isle of Wight the  9th             Vpper Norff. the 12th             Lower Norff. the 15th             Eliz'a. Countie the 21st             Warwick Countie the 21st             York County the 24th             Northa'ton the 28th of everie month.
Be it enacted this present Grand Assembly that the said monthly courts be reduced to the number of six yearly, the daies to be ascertained as formerly, And in stead of monthly courts to call countie courts, and the comissioners to be stiled comissioners of the countie courts, And for the prevention of many chargeable suits tending to the molestation and ruin of divers poor men for pettie and triviall debts, It is thought fitt and enacted by this Grand Assembly, that no court of justice within the collony shall proceed to determine or adjudge or at all take cognisance of any suite hereafter to be comenced for or concerning any debt vnder the value of 20s. sterling or two hundred pounds of tobaccoe, but in such case, the next adjoyning comiss. to the creditor to sumon the debtor or deft. by warrant before him vpon complaint to him made and to determine the same by order in writing vnder his hand which order shall be binding, And in case of non-performance, The said comiss's. is authorised to comitt to prison the person who shall be refractory to such order as afore said.	Number of courts reduced to 6, yearly, and instead of monthly to be called county courts. Sums under 20s. sterling cognizable before a single magistrate, who may commit to prison for non-performance.
ACT LVII.
WHEREAS it was enacted at an Assembly in June 1642, That if either plt. or deft. shall desire the verdict of a jury for the determining of any suit depending within any of the courts of this collony, he or they shall signifie therein their desire by petition vnder his or their hands vnto the said courts, before the said cause had any hearing, vpon the day of tryall, if it be the desire of the plt. And their petitions to be ffyled in the Secretary's office, and with the clarke of the monthly court, And if the defend't. shall desire it, he or they shall signifie the same vpon the entry of his appearance in the secretary's office, which shall be	Trial by jury secured to parties who desire it.

274

inserted in a booke to be kept in the office for that purpose, which said act this present Grand Assembly to all intents and purposes ratified and confirmed, Provided that the cause depending be proper for a jurie.	Proviso.
ACT LVIII.
WHEREAS it was enacted at an Assembly in June 1642, that if any person or persons whatsoever claiming land as due by importation of servants they or each of them shall prove their title and just right either before the Governor and Counsell or produce certificate from the countie courts to the Secretary's office before any grant be admitted, And that no patents be made without exact survey produced in the Secretary's office as aforesaid, Rappahannock River excepted, which is confirmed by this present Grand Assembly.	Upon what evidence and surveys patents to issue for importation rights. Exception as to Rappahannock river.
ACT LIX.
WHEREAS it was enacted at a Grand Assembly in June 1642, That Rappa'k river should remain vnseated for divers reasons therein contained, notwithstanding it should and might be lawfull for all persons to assume grants for lands there, Provided the same be first bounded, though not by a surveyor and to continue still their proper rights, till the seating thereof be admitted by a Generall Grand Assembly, & then all dividents to be bounded by just surveyors, which said act this present Grand Assembly to all intents and purposes ratifieth and confirmeth.	The settlement of Rappahannock river postponed.
ACT LX.
WHEREAS at an Assembly in October 1639 in consideration that divers ill disposed persons did secretly and covertly trade and truck with other mens' servants and apprentices which tended to the great injury of masters of familys, their servants being thereby induced and invited to purloin and imbeazil the goods of their said masters, It was enacted for redresse of the like disorders and abuses thereafter, that what person or persons soever should buy, sell, trade or truck	Penalty for dealing with other mens' servants or apprentices.

275

with any servant for any comoditie whatsoever, without lycense or consent of the master of any such servant, he or they so offending against the premises should suffer one month's imprisonment without bayle or mainprize as also should forfeit and restore to the master of the said servant four times the valew of the thing soe bought, sold or trucked or traded for, which said act to all intents and purposes this present Grand Assembly doth hereby ratifie and confirme.	Four times the value of the article.
ACT LXI.
BE it also enacted, for the better regulating of attorneys and the great fees exacted by them, that it shall not be lawfull for any attorney to plead causes on behalfe of another without license or permission first had and obtained from the court where he pleadeth, Neither shall it be lawfull for any attorney to have license for mor courts then from the quarter court and one county court, and that they likewise be sworne in the said courts where they are so licensed, And it is further enacted that no attorneys plead in any county court shall demand or receive either for drawing petition, declaration or answer and for his ffee of pleading the cause of his client above the quantitie of 20 lb. of tobaccoe or the value thereof, nor that at any pleading in the quarter court shall demand and receive either for drawing petition, declaration or answer and for his ffee of pleading the cause of his cliant above the quantity or 50 lb. of tobaccoe or the value thereof, And if any attorney shall transgresse against the premises, or shall take above the several sums aforesaid either by gift or love directly or indirectly, such attorney for such offence in a countye court shall forfeit 500 lb. tobaccoe, And for such offence in quarter court shall forfeit 2000 lb. of tobaccoe, one moyety whereof shall be and come to the King, and the other moyetie or halfe to the informer, whether it be client or adverse party, or any other person whatsoever, and may recover the same by action of debt in the several courts respectively, And it is further thought fitt that no attorney licensed as aforesaid shall refuse to be entertayned in any cause as aforesaid, provided he be not entertayned b the adverse party, vppon forfeiture of 250 lb. of tobacco in a countie court, and 1000 lb. of tobaccoe in the quarter	Attornies, regulations concerning. How licensed. Restricted to certain courts. To be sworn. Their fees in county courts. In quarter courts. Penalty for taking greater fees.       Cannot refuse to be retained unless retained on the other side.

276

court one moyety whereof shall come to the King's majesty and the other halfe to the informer aforesaid, Provided this act nor any penaltie therein expressed extend to such who shall be made speciall attorneys within the collony or to such who shall have letters of procuration out of England.	Not to extend to special attornies; or those who have letters of procuration from England.
ACT LXII.
WHEREAS according to arti's. of agreement concluded with the Governor of Maryland bearing date the 3d day of June 1642, It was then at the said Assembly enacted that it should be free and lawfull for the said inhabitants to trade and barter within the Collony for all manner of commodities raised within the collony otherwise then with tobaccoe, excepting in the said act all goods, servants imported, excepting alsoe in the said act according to the former act of the 14th Jan: 1641, exporting of horses, mares, sheepe, Whereas also it was enacted at the said Assembly in June 1641 that everie article inserted in the aforesaid agreement should be published in all parishes, This present Grand Assembly doth enact and confirme, every clause and branch in the aforesaid act, to be and remaine in full force and vertue, And doe further enact, that what person or persons soever shall bring or cause to be brought any tobacco of the growth of Maryland vnto this collony, he or they so offending shall forfeit the goods and servants or commodities afore said or the value thereof, halfe thereof shall be & come to the King's majesty, And the other halfe to the informer, And whosoever shall directly or indirectly buy or cause to be bought for or on the behalfe of the said inhabitants of Maryland any goods of what nature, kind or condition soever, which shall be imported or are formerly excepted, for any comoditie whatsoever shall forfeit treble the value of the goods so bought vpon due proofe and conviction therein, One halfe whereof shall be and come to the King's ma'tie, and the other halfe to the informer, which act and the penaltie therein is to extend as well to the seller as the buyer.	Agreement with the governor of Maryland as to the regulation of commerce ratified. Penalty for breach of regulations.

277

ACT LXIII.
VPON consideration had by this Grand Assembly of the scarsity of powder and aminition in the plantation and the difficultie in procureing the same, It is thought fitt and enacted that the Governour, at his discretion, do allott a barrel of powder to each countie, to be kept and preserved in the hands of the commander and a publique stock, for which the comander of each county is to be responsible.	A barrel of powder allotted to each county.
ACT LXIV.
FFOR the preservation of the puritie of doctrine & vnitie of the church, It is enacted that all ministers whatsoever which shall reside in the collony are to be conformable to the orders and constitutions of the church of England, and the laws therein established, and not otherwise to be admitted to teach or preach publickly or privatly, And that the Gov. and Counsel do take care that ll nonconformists vpon notice of them shall be compelled to depart the collony with all conveniencie.	Ministers to conform to & preach the doctrines of the church of England. Non conformists to be compelled to depart the colony.
ACT LXV.
IT is enacted and consented to by this Grand Assembly, that the county of Vpper Norff. shall have power and priviledge to chuse Burgesses for the severall parishes within the limitts of the said parishes.	Burgesses of Upper Norfolk to be chosen within the limits of each parish.
ACT LXVI.
WHEREAS it was enacted at an Assembly in Jan: 1639, that the inhabitants of Lanes Creeke should reduced into a parish, and the said parish to beginn from the mouth of Hogg Island creeke along the river to Lanes creeke, And from Lanes Creeke to the head of the vppermost branches of the said creeke, and from the head of the branches of Lanes Creeke to the head of the branches of Chippoaks Creeke westerly, and thence to the mouth of Chippoakes Creeke, and from thence to Hogg Island Creeke, and that it should be	Lane's creek parish, act concerning repealed.

278

lawfull and free for the inhabitants of Hogg Island in respect of the remoteness of church of Ja: Cittie, to which parish they belong, to provide themselves of a minister at their owne charge without any allowance to the said minister from the parson of Ja: Citty, wherein also it was provided that they should pay as full and ample contribution to the building of a church at Ja: Citty as the rest of the parish of Ja: Citty should be rated, It is thought fitt by this Assembly that the said act be wholly repealed, And in stead and place thereof be it enacted in consideration of the disabilitie of the said inhabitants to maintain a minister of their owne, and to contribute to the minister of Ja: Citty, whence they receive no spiritual benefit, that the said Chippoaks be reduced into an absolute parish without any relation to the parish of James Citty, the bounds of the said parish to be southeast vpon the parish of Lanes Creek, And northwest vpon the Sunken Marish and northeast vpon James River.	Distinct parish formed. Boundaries of.
ACT LXVII.
WHEREAS alsoe it was enacted at an Assembly in June 1642, That the inhabitants of Mrs. Edlow's divident lying above Sandy Poynt should be taken and admitted vnto the parish of Wallingford: It is now further enacted, That David Jones' Creek be the vtmost bounds of the said parish including the whole divident of Mr. Rice Hoe.	Wallingford parish, boundaries of.
ACT LXVIII.
BE it also enacted and confirmed that the inhabitants of the lower side of Waters Creek downewards to the vttermost extent of Warwich Countie shall be a distinct parish of themselves and injoy all the priviledges of a parish without any dependence or relation to the parish of Denbigh or any other parish whatsoever.	Lower side of Water's creek, distinct parish.
ACT LXIX.
WHEREAS it was ordered [enacted] at a Grand Assembly in June 1642, That the comissioners of the Isle	Isle of Wight county divided into parishes.

279

of Weight should provide and allow surveyors to lay out the county according to the former grants and bounds, not infringing the liberties of any other countie, and alsoe that the said comissioners should make a division of the said countie into two parishes and produce the severall bounds thereof the next Grand Assembly to be confirmed by an act, Provided that the profitts of the whole countie shall remaine vnto Mr. Falkner, Clerke, during his residence there, Notwithstanding any other minister that should be imployed in any of the said parishes in the intrim, In conformity to which said act, the comissioners of the said county have returned to this assembly the division of the said county into two parishes (vizt.) The vpper and lower parish. The vpper parish to extend from Lawens Creeke to the eastern side of the Bay, the creeke divideing the plantation of Sam. Davis and Joseph Cobbs to be the extent and division of the said vpper parish: The lower parish to extend from the Pagan-poynt vpon the river side to the plantation of Rich. Hayes, from the Pagan-poynt vppon the bay including all the southerly side to the plantation of the said Cobbs, and that all the inhabitants alreadie resideinge or that hereafter shall reside on that side to belong to the said lower parish: Provided allwaies that they shall not pay above double tithes in the whole, which is accordingly enacted by this present Grand Assembly.
ACT LXX.
IT is enacted by the authoritie aforesaid that there be leavied, this present crop, nine pounds of tobacco per poll, for every tithable person throughout the collony, by the sheriffs as formerly, to be disposed of in such manner and to such vses according to the order of this present Grand Assembly.	Revenue law of 1643-4.
ACT LXXI.
IT is enacted by this present Grand Assembly that those of his ma'ts. counsell for the colony shall according to his said maj'ts. instructions be freely exempted from all publick charges and taxes, church duties onely excepted.	Members of council exempted from taxation except church duties.

280

ACT LXXII.
WHEREAS it was enacted at an Assembly in Jan. 1640, in explanation of the time when quit rents vpon grants of land are due, That all those grants that were of seaven years continuance or above were to beginn their payments (vizt.) Their first year's payment at the ffeast of St. Michael the archangel 1639: and soe forwards and that all other grants should have the same benefit to be free from quit rents vntil seaven years after their first grant, which is enacted and confirmed by this present Grand Assembly.	Quit rents, when to commence.
ACT LXXIII.
WHEREAS through the vnkind differences now in England,* It may be with great reason be assured to the most scrupolous that the severall pension and allowance from his ma'tie to the Governour of this place, is for this present withdrawn and suspended, & that therefore for the sustentation and support of the honour of this place of gov'r. in accomodation from the plantation in cleare and absolute termes of necessitie is required and inforced. Yet nevertheless this present Grand Assembly together and eye to the honour of the place, haveing alsoe entred into a deep sense and consideration of the duty and trust which the publique votes and suffrages have cast vpon them, vnder which is comprehended as the most speciall and binding obligation, the preservation of the rights and properties of the people, to which this course now intended may seem to threaten violence however rather innovated in the manner and circumstance then in value and substance, Yet as well for the silenceing of pretences as for answearing of arguments of weight, It is thought fitt hereby to declare that as from the infancy of the collony there was never the like concurrence and pressure of affairs, which they likewise hope and pray to Almighty God to                                     from his ma'tie. and his ma'tie's Kingdom,	Recital of the troubles in England, as the cause of the gov's. pension from the King being suspended. The assembly determine to grant him accommodation; but declare that the act is not to be drawn into precedent.
* This has an allusion to the civil war in England, between Charles the first and his parliament; which commenced in 1642, and about this time was raging at its full height. It terminated in 1649, with the death of Charles and the abolition of monarch: whereupon Cromwell was declared Protector.

281

282

to distrain vppon the estates of such who shall be delinquent in payment, and bringing ti to the aforesaid places for satisfaction thereof, And the said sherriffs after such collection are hereby enabled to hire boats, and men, to bring the same to James Cittie to the Governours's And their several disbursments and charges therein expended to be putt to account and presented to the next Grand Assembly to be satisfied out of the leavie.
WILLIAM BERKELEY.

Pages 238-261

Pages 282-309