Pages 339-368

Pages 393-403

THE NAMES OF THE SEVERALL BURGESSES RETURNED BY THE SHERRIFF TO THIS GRAND ASSEMBLY Aprill the 26th, 1652.*
[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.]	The MS. from which the acts of this session were printed, is now in the library of Congress, at Washington.
For Henrico County −−− Mr. Wm. Hatcher
Charles Citty County            { Coll. Edward Hill, { Capt. John Bushopp.
* This was the first assembly held in Virginia, after the convention made between the commissioners of the parliament of England and the burgesses of the several counties and plantations in Virginia. It will readily be perceived, that the mode of doing business, in the assembly, during the period of the commonwealth, materially differed from that adopted for a series of years before. This, no doubt, arose from the unsettled state of the government, and the want of a due separation of its powers. The house of burgesses exercised legislative, executive and judicial function. The Governor was appointed by them, sometimes for one year, sometimes for two; −−− the members of council were either chosen by the burgesses, in the first instance, or approved by them on the nomination of the governor; and they had the appointment of all the officers of government. There were no constitutional limits to the several departments of the government. The house of burgesses being in possession of all power, granted it out as they thought proper, and resumed it at pleasure. After exercising, in effect, the power of appointment to all offices, since the abolition of the monarchy, in England, they solemnly declared, "that they had in themselves, the full power of the election and appointment of all officers in this country." (See the resolution of the house of burgesses of the 1st of April, 1658, in their contest with the governor, as to his right to dissolve the assembly, p. 502) And by the 1st act of March the 30th, 1659, intituled "An act for takeing the power into the assemlies hands," they declare that "the supreame power of the government of this country, shall be resident in the assembly."
† In compiling the acts of this, and a few succeeding assemblies, the foregoing MS. will be generally used; but, in some few instances [This note concludes on the following page]

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Glocester County* { Mr. Hugh Guinne, { Mr. Fra. Willis.
Lancaster County* −−−
The oath administred to the Burgesses:
YOU and every of you shall swear vpon the holy Evangelist, and in the sight of God to deliver your opinions faithfully and honestly, according to your best vnderstanding and conscience, for the generall good and prosperitie of this country and every perticular member thereof, and to do your vtmost endeavor to prosecute that without mingling with it any perticular interest of any person or persons whatsoever.	Oath of Burgesses.
JOHN CORKER, Cl. Dom. Com.
AT THE GRAND ASSEMBLY, JAMES CITTY, THE 30TH APRILL, 1652.
AFTER long and serious debate and advice taken for the settleing and governing of Virginia, It was vnanimously voted and concluded, by the commissioners appointed here by authority of parliament and by all the Burgesses of the severall countys and plantations respectively, vntill the further pleasures of the states be knowne: That Mr. Richard Bennett, Esq. be Governour for this ensuinge yeare, or vntill the next meeting of the Assembly, with all the just powers and authorities that may belong to that place lawfully: And likewise that Collo. William Clayborne be Secretarie of State, with all belonging to that office, and is to be next in place to the Governour, next that the Councill of State be as followeth, (vizt.) Capt. John West, Coll. Sam. Mathewes, Coll. Nathaniel Littleton, Coll. Argoll	Provisional government of Virginia till the pleasure of parliament be known. Gov. chosen for one year. Secretary of state. Council of State.
* This is the first time the names of Gloucester and Lancaster counties occur. When or how they were formed, does not appear.

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Yearly, Coll. Tho. Pettus, Coll. Humph. Higgison, Coll. George Ludlow; Coll. Wm. Barnett, Capt. Bridges ffreeman, Capt. Tho. Harwood, Major Wm. Taylor, Capt. ffrancis Epps and Liev'tt. Coll. John Cheesmen, and they shall have power to execute and do right and equall justice to all the people and inhabitants of this collony according to such instructions as they have or shall receive from the Parliament of England and accordinge to the knowne lawe of England; And the acts of Assembly here established; And the said Governour, Secretary and Council of State are to have such power and authorities and to act from time to time, as by the Grand Assembly shall be appointed and granted to their severall places respectively for the time abovesaid: of which all the people which inhabitt or be in this country are hereby required to take notice and accordingly conforme themselves therevnto. God save the Common-wealth of England and this countrey of Virginia.	Their powers to be prescribed by the parliament in England, the known laws of England, and the grand assembly of Virginia
(Rand. MS.  Jef. MS.)
May 2d, 1652.*
IT is resolved, That the commissioners of the severall counties be chosen by the House with this proviso. That if any just complaint be proved against any chosen they shall be suspended the next session of Assembly.	Comm'rs. of counties chosen by the house of burgesses.
May 5th, 1652.
IT is agreed and thought best for the government of this county by the Governor, Council and Burgesses that the right of election of all officers of this colony be and appertain to the Burgesses the representive of the people, and it is further agreed for the present by the Burgesses in remonstrance of the confidence that they have in the said com'rs. that the present election of all officers not already constituted be referred to the said Governor and commissioners and that this their election be not precidental to any succeeding Assembly.	Election of all officers to be made by the burgesses. Present election to be by governor and comm'rs, but not to be drawn into precedent.
(Jef. MS.)
* Jef. MS. −−− This clause is inserted in Rand. MS. also, but without date, except that it follows the oath directed to be taken by the burgesses, at the session commencing the 26th of April, 1652: The subject matter seems more properly to point out this place for its insertion.

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May 6th, 1652.
WHETHER the Governour and Council shall be members of this Assembly or no: Generally voted they shall be, taking the oath the Burgesses take.	Governor & council to be members of assembly.
(Rand. MS. Jef. MS.)
The names of the Burgesses for the severall Plantations,
November the 25th, 1652.
Henrico County −−− Capt. Wm. Harris.
Charles Cittie { Capt. Hen. Perry, { Capt. Dan. Llewellin, { Major Abraham Woode, { Capt.       Woodlife, { Capt. Charles Sparrow.   James Cittie { Mr. Rob. Wetherall, { Mr. Wm. Whittaker, { Mr. Abra. Wattson, { Mr. Hen. Soane.   Surry County* { Mr. Wm. Thomas, { Mr. Wm. Edwards, { Mr. Geo. Stephens.   Isle of Wight County −−− Mr. Charles Reynolds.   Warwick County { Lev'tt. Coll. Mathews, { Mr. Wm. Whittby.   Nansemund County            { Coll. Tho. Dew, Speaker, { Mr. Peter Montague.   Lower Norff. { Left. Coll. Cor. Lloyd, { Major Thomas Lambert, { Mr. Charles Burrowes.   Elizabeth Citty { Mr. Peter Ransome, { Mr. Theo. Hone.   York County { Capt. Step. Gill, { Mr. Wm. Gouge, { Major X'pher Calthrope.
* This is the first time the name of Surry county occurs.

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Gloster County { Coll. Hugh Gwinne, { Mr. Fra. Willis   Northampton County            { Left. Coll. Robbins, { Mr. Step. Charlton.   Lancaster County { Capt. Hen. Fleet, { Mr. Wm. Vnderwood.
November the 25th, 1652
The voats of the whole Assembly in the business follow:
*IT is ordered by the authoritie aforesaid, That the south side of Ocquhanocke Creeke in the county of Northampton and so vpwards be a peculiar parish and called by the name of Ocquhanocke parish.	Ocquhanocke parish established
(Rand. MS. Jef. MS.)
IT is ordered that Mr. George Fletcher shall have to himself, his heirs, ex'rs. and adm'rs. liberty to distill and brew in wooden vessels which none have experience in but himself for 14 years, and it is further ordered that no person or persons whatsoever shall make vse thereof within this collony without agreeing with the said Mr. Fletcher under the penalty of 100 pounds sterl.	Exclusive privilege to Geo. Fletcher to distil & brew in wooden vessels for 14 years.
(Jef. MS.)
WEE find Mr. John Hammod returned a Burgesse for the lower parish of the Isle of Wight, to be notoriously knowne a scandalous person, and a frequent disturber of the peace of the country, by libell and other illegall practices, and conceive it fitt he be expelled the house, and that a warrant issue to the sherriffe of the said county, for the election of another Burgesse in his roome.	John Hammod, a member of Isle of Wight, expelled.
(Rand. MS.)
WEE conceive it fitt, That Mr. James Pyland, returned Burgesse for the vpper parish of the Isle of Wight, be remooved out of the house, And that he	Ja's. Pyland, a member from Isle of Wight, expelled.
* The acts and resolutions of this assembly are not numbered or divided, in any manner. They appear to be the joint deliberations of the governor, council and burgesses, exercising legislative, executive and judicial powers.

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stand comitted to answer such things as shall be objected against him, as an abettor of Mr. Thomas Woodward in his mutinous and rebellious declaration, And concerning his, the said Mr. Pyland blasphemous catechisme.
(Rand. MS.)
IT is ordered by the Grand Assembly, that the plantation of Mr. Thomas Stagg scituate on the Old man's Creek shall be within the bounds of Westover parish and pay all duties there that are now due and de futuro.	Plantation of Thos. Stagg added to Westover parish.
(Rand. MS.)
WHEREAS Chr: Boyse by appeale from the Governour and Councill the last court impleaded Coll. Hugh Gwinne before this Grand Assembly about certain land in Pyancatannk River, The Assembly vpon pervsall of their severall pattents and grants, doe finde prioritie of title for the said Gwinne, according to former orders in the government of Sr. William Berkeley, Knt. and the last quarter court, And the plt. & defendant to beare theire owne charges.	Appeal from quarter court, Boyse vs. Guinne, for land on Pyancatank.
(Rand. MS.)
IN the difference between Mr. Peter Ranson, plt. and John Hewett and Wm. Holder, defend'ts. It is ordered by this Grand Assembly that Mr. Peter Ranson's pattent shall stand good for 1100 acres of land in Mock-Jack bay, And that Hewett and Holder be outed and decline the possession till it be made appeare void by some that shall make better right appeare, It now appearing that none pretending to it in the right of Dawber have power to question his title; 100 lb. of tob'o. being allowed him for costs from each of them (vizt.) 100 lb. of tobacco from Holder, and 100 lb. of tobacco from Hewett, alias execution.	Ransom vs. Hewett and Holder, for land on Mock-Jack bay. Costs.
(Rand. MS.)
IT is ordered by the Grand Assembly, that Mr. Peter Ranson shall have and enjoy 1100 acres of Land in Mock-Jacks bay on the North River of Mock-Jacks bay on the easterne side thereof, and the other 500 acres being granted to Mr. Wm. Whitby being the first grantees by this Assembly	Ransom's land on Mock Jack bay, how located.
(Rand. MS.)

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IT is ordered by the Assembly that all those that are in actual possession of the 2400 acres of the land claymed by Edmund Dawber shall not be dispossest of the land they so hold by any, except by the said Dawber if he proove his title to bee justest the said 2400 acres being granted to Mr. William Daymes, if Mr. Dawber enjoy it not.	Occupants of Dawber's land not to be dispossessed but by Dawber himself.
(Rand. MS.)
IT is ordered by the Assembly, That the inhabitants of Appamattock River shall have power to keep courts according to the sence of the act of Assembly for courts in the like nature, to hear and determine all differences within the said parish, which said court is to be kept by the comissioners resideing in the said parish of Bristoll, and they to take place respectively as by act of Assembly they are nominated; appeals lying from this court to either Henrico county or Charles Citty county court, as also to have power to treate with the Indians according to act.	Inhabitants of Appamattock may hold courts. Appeals to Henrico or Charles City co'ty. courts.
(Rand. MS. Jef. MS.)
IT is ordered with vnanimous opinion of this house, That the Governour and councill shall appoint comissioners in each county respectively vpon the recommendation of the persons from the commissioners of the several county courts, as they see cause to allow such recommendations.	Comm'rs. of counties, how nominated and appointed.
(Rand. MS. Jef. MS.)
IT is ordered by the Grand Assembly, That the comissioners of the severall counties respectively have power to examine the lists of the tythables of the said countyes, and where they find them not to be fully taken, to lay a fine vpon the sherriff or them that took the lists, as they shall think fitt, and such further punishment as by the Assembly is provided.	Comm'rs. of counties to examine lists of tithables and fine sheriffs, &c.
(Rand. MS.   Jef. MS.)
WHEREAS an act was made in the Assembly, 1642, ffor Encouragement of discoveries to the westward and southward of this county, granting	Discoveries W. and S. encouraged.

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them all profitts arising thereby for 14 years, which act is since discontinued and made void; It is by this Assembly ordered, That Coll. Wm. Clayborne, Esq. & Capt. Henry Fleet, they and their associats with them either joyntly or severally, May discover and shall enjoy such benefitts, profitts, and trades, for 14 years as they shall find out in places where no English ever have bin and discovered, nor have had perticular trade, and to take vp such lands by pattents proveing their rights as they shall think good: Neverthelesse not excluding others after their choice from takeing vp lands, and planting in these new discovered places, as in Virginia is now vsed.	Privilege for 14 years to certain adventurers.
The like order is granted to Major Abra. Wood and his associates.	Other adventurers.
(Rand. MS.)
ATT A GRAND ASSEMBLY JULY THE 5TH,1653.
GENTLEMEN,             NOT to intrench* vpon the right of Assemblies in the free choice of a speaker, nor to vndervalue Lefft. Coll. Chiles, but onely by way of advice, It is my opinion, the Council likewise concerning† therein, That it is not so proper nor so convenient att this time to make choice of him for that there is something to be agitated in this Assembly concerning a shipp lately arrived, in which Left. Coll. Chiles hath some interest, for which and some other reasons we conceive it better at present to make choice of some other person amongst you whom you shall agree vpon. Your reall servant,	Letter of the governor to the house of burgesses on the choice of a speaker.
RICH. BENNETT.
July the 5th, 1653.                   Vera copia,
JOHN CORKER, Cl. to the Burgesses.  (Rand. MS. Bl. MS.)
* "Incroach," Bl. MS.       † "Concerning" in both MSS. −−− But qu. if it should not be "concurring."

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The oath adminstred to the Burgesses for this present Assembly.
YOU shall swear to act as a Burgesse for the place you serve for in this Assembly, with the best of your judgment and advice, for the generall good, not mingling with it any perticular or private interest.	Oath of burgesses.
This oath was taken by the Burgesses in the presence of Coll. Thomas Pettus and Coll. Humphrey Higgison, this 5th July, 1653.*                   Teste,
ROBERT HUBERD, Cl. Consilii.  (Rand. Ms. Bl. MS.)
IT is ordered that Lev'tt. Coll. Edward Major, Lev't. Coll. Geo. ffletcher, Mr. William Hockaday and Mr. William Whittby, attend the Governor and Councill, to request of them their reasons, wherefore they cannot joyne with vs the Burgesses in the busines of this Assembly, about the election of Lev't. Coll. Walter Chiles for Speaker of this Assembly.	Message to the gov'r, on the choice of a speaker.
(Rand. Ms.    Bl. MS.)
LEF'T. Coll. Walter Chiles haveing by plurality of votes been chosen Speaker of this Assembly: And this day representing to the house his extraordinarie occasions in regard of the dispatch of some shipping now in the country in which he is much interested and concerned, The house vpon his desire have given him leave to follow his private affairs notwithstanding the election aforesaid.†	The house permit their speaker to resign.
(Rand. Ms.    Bl. MS.)
IT is ordered by this present Grand Assembly, That Mr. Robert Bracewell, Clarke, be suspended, and is not in a capacitie of serving as a Burgesse, since it is vnpresidentiall, and my produce bad consequence.	Minister of the gospel suspended & declared ineligible to a seat in the house of burgesses
(Rand. Ms.    Bl. MS.)
* 1652 in Bl. MS. but evidently a mistake.       † "July the 6th, 1653," added to this clause in Bl. MS.

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WHEREAS the paper subscribed by name of the inhabitants of Northampton county is scandalous and seditious and hath caused much disturbance in the peace and government of that county, It is therefore ordered by this present Grand Assembly, That all the subscribers of the said paper bee disabled from bearing any office in this countrey, and that Leift. Edmund Scarbrough who hath been an assistant and instrument concerneing the subscribeing of the same bee also disabled from bearing any office vntill he hath answered therevnto, and the honourable Governour & Secretarie be intreated to go over to Acccomack with such assistants as the house shall think fitt, for the settlement of the peace of that countie, and punishinge delinquents. This order reversed by an order of Assembly 26th March 1658.	Paper subscribed by inhabitants of Nor'amton county held scandalous and seditious. Subscribers, together with Edm'd. Scarbrough disabled from holding any office. Gov. & Sec'y to go to Accomack.
(Rand. MS.   Bl. MS.)
THE order of the last Assembly in the busines relateing to land in York River desired by Tottopottomoy, as information by some perticular members of this Assembly is now represented, is ordered to be and remain in force as formerly, Provided he lives on the same; but if he leaves it then to devolve to Coll. William Clayborne, according to former orders which give him libertie to make his choice, whether he would have Ramomak, or the land where now he is seated, and that he appear in person before the Governor and Council to make his choice the next quarter court which of the two seates he will hold, and Capt. John west, and Mr. William Hockaday are enabled to give a safe conduct to the said Tottopottomoy and his Indians for their coming to towne and his returne home, And the commissioners of York are required that such persons as are seated vpon the land of Pamunkey or Chickahominy Indians be removed according to a late act of Assembly made to that purpose, And Coll. John Fludd to go to Tottopottomoy to examine the proceedings of busines and to deliver it vpon his oath.	Provision for Tottopottomoy, an Indian in York county. Those seated on the lands of Pamunkey or Chickahominy Indians to be removed.
(Rand. MS.   Bl. MS.)
VPON the petition of Roger Green, clarke, on the behalfe of himselfe, and inhabitants of Nansemund river, It is ordered by this present Grand Assembly	Grant of land to settlers on Moratuck or Roanoake river;

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that tenn thousand acres of land be granted vnto one hundred such persons who shall first seate on Moratuck or Roanoke river and the land lying vpon the south side of Choan river and the branches thereof, Provided that such seaters settle advantageously for security, and be sufficiently furnished with amunition and strength, And it is further ordered by the authority aforesaid, That there be granted to the said Roger Green, the rights of one thousand acres of land, and choice to take the same where it shall seem most convenient to him, next to those persons who have had a former grant in reward of his charge, hazard and trouble of first discoverie, and encouragement of others for seating those southern parts of Virginia.	also on south side of Choan river.
(Rand. MS.)
WHEREAS diverse gentlemen have a voluntarie desire to discover the Mountains and supplicated for lycence to this Assembly, It is ordered by this Assembly, That order be granted vnto any for soe doing, Provided they go with a considerable partie and strength both of men and amunition.	Travels of discovery to the mountains authorised.
(Rand. MS.)
IT is ordered by this present Grand Assembly that the bounds of the county of Westmorland* be as followeth (vizt.) from Machoactoke river where Mr. Cole lives: And so vpwards to the ffalls of the great river of Pawtomake above the Necostins towne.	Westmoreland county, boundaries of.
(Rand. MS.)
VPON the humble petition of John Claxsonn an old Virginian, and the testimony of the comissioners of the countie of Yorke where hee lived of the great loss he sustained by ffire to his vtter vndoeing, not able to maintain himselfe and five children, The Grand Assembly duely weighing his distressed estate hath granted him the said Claxsonn, an order as a breife to gather the charitable benevolence of well disposed persons. The like also is granted vnto Thomas Bagwell of the Isle of Wight county and to Richard New of James Cittie county.	Briefs to collect charitable donations granted to certain persons.
(Rand. MS.)
* This is the first time the county of Westmoreland has been mentioned.

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IT is ordered by this Grand Assembly that the comissioners of Gloster and Lancaster countys are stricktly required forthwith to proportion the Indians inhabiting in the said counties their severall tracts of land according to an act of the last Assembly in that case made, and to sett and assigne them sch places and bounds to hunt in as may be convenient, both for the inhabitants and the Indians, whereby the severall stocks of the English may be preserved.	Indians of Glo'ster and Lancaster counties to have lands & hunting ground assigned to them.
(Rand. MS.   Bl. MS.)
AN act of indempnitie is granted for all such as have lent gunns to the Indians, and if any person shall hereafter offend and justly prooved against him, he or they so offending shall suffer seveerly according to act in that case provided, other counties to have the same priviledge.	An act of indemnity to those who have lent guns to Indians.
(Rand. MS.   Jef. MS.   Bl. MS.)
IT is ordered by this present Grand Assembly that the castle duties shall be recovered by any refractory person's denying the payment thereof as hath formerly bin accustomed by way of action in any courte or attachment of their goods and estates to that value.	Castle duties to be paid; and how recoverable.
(Rand. MS.   Jef. MS.   Bl. MS.)
IT is ordered by this present Grand Assembly upon the petition of Paulus Maeshouck, servant to Abraham Van Susteren, merchant of Dunkirk, that part of the goods forfeited belonging to his said master is remitted.	Certain forfeited goods remitted.
(Bl. MS.)
UPON the petition of Leiut. Coll. Walter Chiles, It is ordered by this present Grand Assembly that the ship Leopaldus now adjudged fforfeited and consigned unto him that he the said Chiles should have the said ship according as she hath been appraised being £400 sterling.*	The ship Leopoldus forfeited for breach of navigation act to be delivered to Coll. Walter Chiles at the appraisment.
(Bl. MS.)
* The following is the Bill of Sale executed by the Governor and Speaker of the House of Burgesses −−− .
Whereas the ship Leopoldus of Dunkirk hath by the grand assembly of this country been adjudged fforfeit and accordingly confiscated [This note is concluded at the bottom of the next page.]

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UPON petition of the comm'rs. of the Isle of Wight county concerning the recovery of diverse arrears of country and county levies yet unsatisfied since 1644 and the lists not recorded through the delinquency of the Clk. of that county, It is ordered by this present Grand assembly that such persons as have been sheriffs or collectors of the said levies since 1644 and are now living forthwith bring in their sev'll. lists and accounts respectively unto the said county court, and that such persons as have been delinquent in paying the said arrears or detaining of them in their hands be responsable ffor the same and upon default or denial to be recovered by distress and the parties that have paid the same be discharged from further molestation. And as for those sheriffs or collectors that are dead their estates are to be responsable for what shall appear due from them under their hands.	Arrearages of taxes in Isle of Wight, how recoverable. Estates of deceased sheriffs liable.
(Bl. MS.)
IT is ordered that Nath. Battson stand committed into the custody of the sheriff of James City until he	Judgment against Nath. Battson.
[[This note was begun on the previous page and concluded here.] according to the act of parliament for increase of navigation; Now know all men to whom these present shall come that we the subscribers authorized by the said Grand Assembly do ffor and in consideration of the sume of four hundred pounds sterling paid by Ltt. Coll. Walter Chiles of this colony for the use of this colony before the sealing and delivery hereof acquit and discharge him, give, grant, bargain, sell assigne and set over the said ship named Leopoldus about the burthen of three hundred tuns with her guns, tackle, apparel and ffurniture and whatsoever belongeth or appertaineth to the said ship unto the said Leiut. Coll. Chiles, his heirs and assigns for ever without any let, hinderance, molestation or disturbance of any person or persons whatsoever claiming any right, title or interest o the said ship in the behalf of this colony or the common wealth of England, We hereby in the behalf of the Grand Assembly warranting the same unto the said Lieut. Coll Walter Chiles, his heirs, Ex'rs. administrators, In witness whereof we have hereunto set our hands and seals and caused this our act to be register'd in the records of this colony of Virginia the twelveth of July, 1653.
RI. BENNETT, Seal.      Wm. WHITBY, Speaker of the House of Burgesses
In presentia mea,
Wm. CLAYBORNE, Sec. GEO. ffLETCHER. ROB'T HUBERD. JOHN CORKER, Cl. to the House of Burgesses.

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hath satisifed Dep: Webster eight beaver skins and an otter skin for a gun which he bought a board the ship Duke Byren.
(Bl. MS.)
ACCORDING to an order of this Assembly, vpon the petition of Coll. Nathaniel Littleton, Coll. Argoll Yarley, Major William Andrews and some other comissioners of Northampton county, Master Speaker, Left. Coll. Edward Major, Left. Coll. Geo. Fletcher, Coll Thomas Dew and Left. Coll. Robt. Pitt are nominated as assistants to attend the Governour and Secretarie for the settlement of the peace of that county, and the punishment of delinquents there according to their demerrits, the appointment of all officers both for peace and warr, the division of that county, and the hearing and determineing of the businesse of damages between Capt. Daniel How and Left. Coll. Edm'd Scarbrough, As also between Capt. John Jacob and the said Edmund Scarbrough, with all other matters and things necessary and incident for the preservation of the peace of that place, ffor which this shall be their comission, The charges which the said comissioners shall be at, both in goeing stayinge there & returneing, to be levied vpon those persons that occasioned their repair thither.	Certain commissioners to attend gov. as assistants to quiet the discontents in Nor'ampton and punish the offenders; to divide the co'ty; to appoint officers and decide between Scarbrough and others.
(Rand. MS.   Bl. MS.)
WHEREAS Sr. William Berkeley, Kn't. vpon the deliverie vp of the countrey to the government of the Comon-Wealth of England, had granted vnto him by articles, that he should have a shipp to transport him to England or Holland, and whereas the present warr with the Vnited Provinces hath hindred the confirmation of the said articles in England, or the comeing of a shipp out of Holland: And the said Sr. William Berkeley desireing longer time (vizt.) eight monthes from the date hereof to procure the said shipp out of fflanders in respect of the warrs with Holland, and that she may be custom free for such tobacco as he shall lade in her; After debate thereof in the Assembly, It is condescended that his said request shall be granted, and he may accordingly within eight months procure a shipp out of fflanders for the purpose in his said articles expressed.	Further time allowed Sir Wm. Berkeley to leave the colony. To carry his tobacco custom free.
(Rand. MS.   Bl. MS.)

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WHEREAS the ship Leopoldus of Dunkirk, for the importation of prohibited goods contrary to the act of Parliament, for the increase of navigation, has been adjudged fforfeited, with her tackle, apparel, and ffurniture to this country, ffor the use of the Common-wealth of England, and appraised at four hundred pounds sterling, This Assembly upon consideration thereof had her disposed of the same as ffolloweth, (vizt.) two hundred and ffifty pounds to our agent Coll. Sam. Mathews and one hundred pounds to Coll. William Clayborne, sec. thirty pounds to the speaker, ten pounds to Coll. Cornelius Loyd, and ten pounds to major Billingsley for their several services done to the country in the said business.	Appropriation of proceeds of the sale of the forfeited ship Leopoldus.
(Bl. MS.)
IT is ordered by this present Grand Assembly that Nathaniel Battson for many misdemeanors & a common defame* apparantly true, shall receive forthwith fifteen stripes on the bear back and for ever hereafter not to go or trade amongst the Indians and in case of default to receive further punishment by whipping and perpetuall banishment.	Punishment inflicted on Nath. Battson.
RICH'D. BENNETT.   Wm. WHITTBEY, Speaker.             (Bl. MS.)
* "Defame" in MS. but it should be "defamer.

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NOVEMBER 20, 1654,
ATT AN ASSEMBLY HELD AT JAMES CITTIE
The names of the Burgesses for each respective Countie as followeth
Charles Cittie.       Coll. Edw'd. Hill, Speaker            Capt. Henry Perry, Major Abra. Wood, Mr. Stephen Hamlin.   Eliza. Cittie. Ma. Wm. Worlich, Mr. John Sheppard.   Glocester. Mr. Tho: Breman, Mr. Wingfeild Webb.   Henrico. Mr. Richard Cock.   James Cittie. Mr. Tho: Dipnall, Mr. Abra: Watson, Mr. Wm. Whitaker, Mr. Henry Soane.   The Isle of Wight. Left. Coll. Pitt, Capt. John Moone, Mr. Fra. Hobbs, Capt. John Bond.       Lower Norfolke.       Mr. Barthol: Hoskins,            Mr. Lyonell Mason.   Lancaster. Mr. John Carter, Mr. James Bagnall.   Northampton. Ma. Peter Walker, Mr. Wm. Waters, Mr. Tho: Johnson.   Nanzemund. Coll. Tho: Dew, Mr. Sam. Stoughton, Mr. Tho. Godwin.   Northumberland. Mr. John Trussell.   Surry. Mr. Wm. Batt, Mr. James Mason.   Warwick. Lt. Col. Sam. Matthewes, Mr. William Whittbye.

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Yorke.             Westmorland.             Capt. Wm. Gooch,                        Mr. Robert Booth, Mr. John Hayward, Ma. John Holland,                        Ma. Alex. Baynan.   New Kent.* Capt. Robert Abrell.
PUBLIQUE ORDERS OF ASSEMBLY.
WHEREAS Coll. Edward vnanimously chosen speaker of this house was afterwards maliciously reported by William Hatcher to be an atheist and blasphemer according to an information exhibitted against him the last quarter court, from which the honourable Governour and Council then cleered the said Coll. Edward Hill and now certified the same vnto the house: And forasmuch as the said Wm. Hatcher, notwithstanding he had notice given him of the Governour and Councills pleasure therein and of the said Coll. Hill's being cleered as afforesaid, hath also reported, That the mouth of this house was a Devil, nominateing and meaning thereby the said Right Worp'll. Coll. Edward Hill, It is therefore ordered by this house, that the said William Hatcher, vpon his knees, make a humble acknowledgement of his offence vnto the said Coll. Edward Hill and Burgesses of this Assembly; which accordingly was performed and then he the said Hatcher dismist paying his fees.	Proceedings against Wm. Hatcher for reporting that the speaker, coll. Edw'd. Hill, was an atheist:       Hatcher to make an acknowledgment on his knees.
(Rand. MS.   Bl. MS.)
IT is ordered by the Assembly that the comissioners of the militia and the comissioners of the respective counties shall at the next sessions of this Assembly in March give in an account of the 6 lb. of tobacco per pole lately levied for powder and shott for the vse of each county, and what other powder and shott shall be in their custody belonging to the county.	Comm'rs to account for the tobacco levied for powder and shot.
(Rand. MS.   Bl. MS.)
* This is the first time the name of New Kent appears among the proceedings of the assembly −−− It was taken from the upper part of York county. See an act of the present session.

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IT is ordered that the vpper part of Yorke county shall be a distinct county called New Kent, from the west side of Scimino creek to the heads of Pomunke and Mattaponie River, and downe to the head of the wist side of Poropotanke Creeke.	New Kent county, boundaries of.
(Rand. MS.   Bl. MS.   Jef. MS.)
FROM the head of the north side of Queen's creeke as high as to the head of Scimino creeke is made a distinct parish named Marston ordered by this Grand Assembly.	Marston parish established.
(Rand. MS.   Bl. MS.   Jef. MS.)
WHEREAS certain arrears by overchargeing of tithable persons in some counties are now in question, It is ordered that such errors as are alledged to be comitted shall be certified vnder the com'rs. hands att the Assembly in March next, and for the future that all lists shall be taken and certified vnder the hands of the com'rs. and not otherwise, and so presented to the Assembly.	Lists of tithables, how taken, & corrected.
(Rand. MS.   Bl. MS.   Jef. MS.)
Orders of Assemblie in Private Causes.
[Here follow, in the Rand. and Bl. MSS. the decisions of the Grand Assembly, in various civil actions; but they are not of sufficient importance to justify their insertion. −−− See APPENDIX.]
THE Governour and Council have thought good to call Mr. Edward Diggs, Esq. to be one of the Councill, if the Assembly shall like thereof, and signifie their approbation and concurrence therein, Novem. 22, 1654.	Edw. Diggs nominated by the gov. and council to be one of the council.
RICHARD BENNETT.
IT is vnanimously consented vnto, he haveing given a signal testimony of his fidelity to this collony and Common-wealth of England.	Approved by the assembly.
CHA: NORWOOD, Cler. Assem.      (Rand. MS.    Bl. MS.)

389

390

in this and all other emergent occasions concerning the said Indians. And it is further ordered, That Capt. Henry Fleet and David Wheatliff attend the said service as interpreters, the charge of the service aforesaid to be born by the three countyes above specified.	to decide on peace or war. Interpreters.
(Rand. MS.   Bl. MS.   Jef. MS.)
ACT I.* Act for renewing of Bills and Bonds within three years.†
WHEREAS the nature of our trade in Virginia in respect of our present commodities and the great distance of our habitations inforceth vs to engagement by bills, bonds and other writeings, vpon the payment and discharge whereof, either in part or in whole, the debtor is oftentimes constrayned to accept of receipts, and imploy other men therein, whereby many times the bills and bonds doe lye out and are not taken vp, or delivered in, or the receipts lost, or the parties and witnesses dead, soe that those debts are againe demanded and recovered often times which were before justly paid and acquitted, ffor remedie whereof, Bee it enacted that noe bills, bonds or other ingagements of writeing heretofore made shall any way be pleadable after three years from the end of the sessions of this present Grand Assembly: nor for the future after three years from the date of such bills, bonds or ingagements vnles the same be renewed or sued or recorded in the county court where the debtor liveth or where he last resided (if he be vnknowne or non-resident) or absent out of the county, or else be sued or recorded in the bookes of the quarter court at James Citty.	Preamble. No bills, bonds or written engagements recoverable after three years from their date unless renewed, sued upon or recorded.
(Rand. MS.   Bl. MS.   Jef. MS.)
* The acts of this session are not numbered in any of the MSS.       † The titles of none of the acts of this session are given in the Bl. MS. though the acts themselves agree with the Rand. and Jef. MSS. in which the titles of the four first acts are inserted.

391

ACT II. Act concerning false Styllyards.
TO prevent the great abuse and deceit by false styllyards in this collony, It is inacted by this Assembly, That whoever shall vse false styllyards willingly shall pay vnto the party greived three fold damages and costs of suit, and shall forfeit one thousand pounds of tobacco, one halfe to the informer and the other halfe to the publique vse of the county where such offence is comitted, And for the better prevention of such deceit it is likewise enacted that the eldest in every comission shall, att the charge of the county, procure and keep att the court house sufficient weights to try as often as shall be desired all styllyards as shall be complained of or brought thither.	Penalty for using false steelyards. Weights to be kept at court houses to try steelyards.
(Rand. MS.   Bl. MS.   Jef. MS.)
ACT III. Act concerning Imploying Indians with Guns.
TO prevent the disorderly imploying of Indians with gunns vnder the pretence of being their servants, It is inacted, That noe person shall dare to imploy such Indian servants with gunns vnless they have allowance from the county court where they live or from the Governour anc Councill.	No person to employ Indians with guns unless by license from the county court or the governor and council.
(Rand. MS.   Bl. MS.   Jef. MS.)
ACT IV. Act for Northampton County to take acknowledgment of Lands.
IT is inacted, That the comissioners of Northampton county shall be impowered to take the acknowledgment of the Indians in their county for sale of their lands, if the said Indians shall desire it, in which they are required to proceed justly and to have the consent of the major part of the towne and being so done their proceeding is to be transmitted to the Governour and councill and be allowed by them vnles they shall see cause to the contrary.	Comm'rs. of Nor'ampton county may take acknowledgement of sales of Indians' lands, with consent of the major part of the town.
(Rand. MS.   Bl. MS.   Jef. MS.)

392

ACT V.*
IT is thought fitt and enacted by the Grand Assembly that all comanders of shipps or vesells arriveing in Virginia shall presently after their arrivall make their addresse to the Governour to certifie of their arrivall and such other matters as may concerne their trade here or otherwise relate to the whole country vpon paine of such greivous censure as the Governour shall please to inflict, and that such shipps as shall pass by the ffort att Poynt Comfort either comeing in or goeing out shall douse saile and do their duties as the custom is, otherwise to pay double for the shott made against them and incurr such other pennalties as their contempt shall deserve, and they are likewise soon after their coming to anchor, to repaire to the Capt. of the ffort and deliver a list of their passengers and take order to pay the castle duties, and be obedient to the orders and laws of the countrey as they will answer the contrary att their perill.	Ships on their arrival to report to the gov'r. And douse sail, on passing the fort, at Point Comfort. Lists of passengers to be given to capt. of fort.
(Rand. MS.   Bl. MS.   Jef. MS.)
ACT VI.
IT is enacted, That the comissioners of every county shall recommend three or more to the Governour and Councill who shall elect such sherriffs out of those so recomended as they the Governour and Councill shall think most meet and fitt for the place.	Sheriffs to be recommended by county courts and commissioned by governor and council
(Rand. MS.   Bl. MS.   Jef. MS.)
THIS Assembly is adjourned till the twentieth day of March at James Cittie, the quarter court is also adjourned till the twentieth of March.	Adjournment of assembly and quarter court.
RICH: BENNETT.      EDWARD HILL, Speaker.
Vera copia,
CHARLES NORWOOD, Clk. Assem.
* The number of this, and the succeeding act is given in the Jef. MS. but the titles are wanting in all the MSS.

393

THE sum of one hundred thousand pounds of tobacco is assigned to the Governour by this assembly, in consideration of his expences, charge and pains in the government of this collony, arising out of the Dutch prizes and confiscation of forrain goods and ships, as by the accounts in the Assembly appears.	Salary of the governor.
CHARLES NORWOOD, Cl. Ass.
(Bl. MS.)

Pages 339-368

Pages 393-403