Pages 393-403

Pages 414-428

MARCH 24, 1655.
[          This was the session of March, 1654-5. −−− The preceding session was that of March 10th, 1655-6 as appears both from the date in page 403 and from the adjournment in page 407. −−− They are here published in the order in which they were arranged in the MS, the mistake not having been discovered in time.]
PUBLIC ORDERS OF ASSEMBLY.†
ORDERED, That from Poropotank to Mattapony vpward (vizt.) on the north side of Yorke river be a distinct parish by the name of Stratton Major.	Stratton Major parish established.
ORDERED, That no surveyor or surveyors be elected but such as are chosen by the comissioners of such counties where such occasion shall be offered, and those so chosen to be recommended to the said com'rs. by persons well experienced in the faculty, and such as at the present are not sufficiently qualified for the purpose aforesaid to be devested of such imployment or imployments and the comissioners to judge and determine of theire qualifications after such cognizance given as aforesaid.	Surveyors to be recommended to co'ty, courts by competent judges and appointed by the courts.       Those unqualified to be divested of their offices.
VPON the petition of the Isle of Wight Burgesses in behalfe of the inhabitants of that county, It is ordered, That 3 of the comiss'rs. of each county, (that is to say) of Nanzemund and the Isle of Wight county shall meet att a sett time before the next Assembly to	Comm'rs. to lay off bounds of Nansemond & Isle of Wight counties and to report to the assembly.
† Under the title of "Public Orders of Assembly" are inserted promiscuously, the Journals of the House of Burgesses, containing the appointment of committees, &c. the Resolutions of the assembly on general and local subjects, which have the force of laws, and the decisions of the house on appeals in civil actions. To insert the whole of these orders, would occupy too much room. −−− Such parts, therefore, as merely relate to individuals, and will throw no light on the history or jurisprudence of that period, are omitted.

405

lay out the bounds of each county, and in case of difference to render account thereof to the next Assembly that it might be determined.
IN the case of John Bromfeild, plt. and widdow Crumpe defendant, It being found that the will of Richard Buck, from whence the land descends to the orphant, there does not appeare any estate past to Bridget Bromfeild, late wife of John Burrowes otherwise then for terme of life onely: there being not mention in the said will of heires, assignes for ever, nor in fee simple, &c. Likewise it being found, that this very case in November 29, 1642, was adjudged by the Governour and Councill to be but an estate for tearme of life and soe thrice voted in this Grand Assembly: Likewise it being further found that there were 5 other guardians of the said Buck's children by the said will and that they never claimed an estate in ffee simple but onely for tearme of life: It is therefore ordered that the said Elizabeth Crumpe continue her possession without any further molestation in the premisses, it being voted and concluded as aforesaid.	Broomfeild vs. Crumpe. Construction of a will, which not using the words heirs, assigns for ever or fee simple, &c. held that the devisee took an estate for life only.
IN the difference between Capt. Streeter, who married Mrs. Burbage, the relict of Capt. Thomas Burbage, It is ordered, That the plantation of the said Burbage att Nansemund be equally devided in quantity and quality both land and houseing, and all other lands of the said Burbage be divided according to quantity and quality as aforesaid into thirds by a jury vpon the place: or both which being soe devided the said Streeter's wife is to chuse which halfe of the plantation att Nansemund and which thirds of the other land she pleaseth to enjoy; the same only for her life: And Wm. Burbage to take the remainder as heire att lawe, the charges of those divisions to be bearen according to each others proportions.	Streeter vs. Burbage's heir. Dower, how assigned and what proportion of the lands.
In the difference between Carbery Kyggan and Wm. Norwood, It is ordered, That Kyggan pay the charge of the jury and what was incident therevnto: but that Norwood satisfie the said Kyggan 700 lb. of tobacco for damages the said Kyggan susteined in the	Hyggan vs. Norwood. Specific performance decreed.

406

house orchard and the ffence belonging to the corne ffeild, and that each partye since the said jury bear their own charges and that Norwood deliver vp Kyggan's bill, it appearing alreadie satisfied, and make a firme conveyance of the land bought of him by Kyggan to his heires and assigns for ever.	Writing delivered up to be cancelled.
WHEREAS Leift. Coll Tho. Swann at a sessions holden by commission from the Governour the second day of July last, in Surry County, accused & impeached for the death of his servant one Elizabeth Buck, The fact found by the jury homicide per misadventure whereby he is by law of England to sue out his pardon of course vnder the broad seale from the chancellor, ffor obteyning of which he hath now humbly addressed himselfe to the Governour and Councill −−− Vpon consideration thereof had	Com'wealth vs Swann. Homicide per misadventure.
Whereas this collony is not as yet settled with such officers as belong to passing such pardons and noe publick seale being in the countrey, The Governour, Councill and Burgesses of this present Grand Assembly conceive it sufficient to declare, That the said Thomas Swan be discharged from further trouble, and be restored to the like condition he was in before the said homicide per misadventure comitted by him, and that he may safely acquiesse herein as if his pardon had bin sued our formally. And as concerning his goods and chattles to be forfeited thereby, they likewise conceive and declare that the rigor and forfeiture hereof shall not be taken, and that he shall be acquitted for the same.	Pardon granted by the assembly, there being no chancellor or public seal in the colony.
BY THE ASSEMBLY:
The Assembly desire to be informed whether legall proceedings were had in the tryall of Left. Coll. Tho. Swan by those judges appointed by the Governour's comission.
The legality being averred it is ordered to be recorded.
CHARLES NORWOOD, Clk. Assem.

407

ORDERED that this assembly be adjourned till the 10th day of March next, 1656, And in case any of the present Burgesses are now elected sherriffs the inhabitants of such countyes are to proceed to new elections.	Adjournment of assembly.
ATT A GRAND ASSEMBLY, HELD AT JAMES CITTIE.
KNOW all men by these presents, That I Sr. William Berkeley, Knt. doe by these presents in consideration of the quantity of seaven and twenty thousand five hundred pounds of tobacco to me in hand paid the receipt whereof I hereby acknowledge and divers good causes and considerations me therevnto mooving give and grant, bargaine and sell vnto Richard Bennett, Esq. Governour of Virginia and to his heires and assignes for ever all my right, title and interest that I have or may have in my house in James Cittie, lately in the tenure of William Whittby being the westermost of the three brickhouses which I there built: To have and to hold the said third brickhouse with the appurtenances and land therevnto belonging to the said Richard Bennett, his heires and assignes for ever. −−− And I the said Sr. William Berkeley further agree & promise to make any further assurance in law vpon reasonable demand as by counsell learned in the lawes shall be thought fitt, In wittness whereof I have herevnto sett my hand and seale the thirtieth day of March, one thousand six hundred ffifty five.	Deed from Sir William Berkeley to Rich'd Bennett for a house at Jas. City.
WILLIAM BERKELEY:                  The Seale.
Signed, sealed and delivered in the         presence of vs, WILLIAM CLAYBORNE. THO. BRERETON. STEPHEN GRAY. Wm. WATERS.
The 30th of March, 1655.

408

LIVERY and seizin was the day and yeare above written given and delivered to the said Richard Bennett, Esq. by the within named Sr. William Berkeley, Knt. of the House within named, In the presence of vs, William Clayborne, William Waters, Thomas Brereton, Stephen Gray, Thomas Ellis.	Livery of seizin.
CHA: NORWOOD, Clk. Assem.
ATT A GRAND ASSEMBLY, HELD ATT JAMES CITTY, MARCH 31, 1655.
Ordered the Governour and Councill be as followeth:*
EDWARD DIGGS, ESQ. GOVERNOUR.
Coll. Wm. CLAYBORNE, Secretary and next in Council.
Capt. John West, Coll. Sam. Mathewes, Coll. Argoll Yardly, Coll. Thomas Pettus, Coll. Humphrey Higgison,      Coll. George Ludlow, Coll. Will'm. Bernard, Coll. Bridges ffreeeman, Coll. Edward Hill, Coll. Wm. Taylor, Coll. Tho. Dew, L't. Coll. Obed Robins, Leift. Coll. Mathews, Capt. Henry Perry,
Capt. Wm. Gooch.
ORDERED that the clerke or clerkes of the county court in James Cittie, and all other courts within this collonie shall give a receipt of what draughts or writings they shall receive of any person or persons whatsoever.	Clerks to give receipts for papers received by them.
* This is the second election of Governour and Council, which appears to have been made since the existence of the commonwealth. Richard Bennett was elected the first Governour, on the 30th of April, 1652, (see ante pa. 371) and held that office till the election of Diggs on this 31st of March, 1655.

409

ORDERED, That the comissioners of the count: of Northampton shall exercise judicature in two distinct places of that county, That is to say, in the vpper and lower parts, the middle devision to be Hunger's Creeke from the head thereof to the widow Billiott's house, including the said house in the lower precincts, and that the administration of justice shall be on the 28th day of every moneth in the vpper part and the other in the lower part, And that the comissioners of the respective divisions shall attend the courts held therein according to the time and day within limited.	Two distinct placed appointed for holding courts in Northampton. Upper and lower parts. Court days.
BY reason of the great inconvenience occasioned by the partition of the Isle of Wight county by Pagan Creeke, it is ordered that in each parish of the said county a monthly court be held on the 9th day of every moneth successively each parish still continueing equally relative to the comissioners of the county in gennerall and that the com'rs. of each parish appoint places convenient for the holding of the courts aforesaid.	Court to be held in each parish in Isle of Wight.
ACTS OF ASSEMBLY,
ACT I.
FFOR the avoiding creditors' charges and trouble in recovery of debts, It is enacted, That all persons removeing themselves and families into any remote plantation northerly or southerly, and the said persons soe removeing being ingaged to any person or persons resideing within that county or neer therevnto from whence they shall first remove, shall vpon warrant issueing out from the office against them personally appear, and not by attorney, and judgment once obtained against them: execution vpon non-payment to their creditors shall issue against their bodies and their said bodies shall be forthwith conveyed to James Cittie, there to remaine till the debt be satisfied: Provided that this act extend not beyond one whole year from the time of his removeall.	Attachments authorized against persons removing with their families to distant settlements. Execution to issue against the bodies of the debtors; who are to be imprisoned at James City. Limitation.

410

ACT II.
FFOR the better securing the peace both of English and Indians, Bee it inacted, That no Indian or Indians comeing within our lands or bounds shall be killed vnles they the said Indians shall be taken in any act or acts of mischeife:	Indians not bo be killed within the English bounds unless doing mischief.
And be it further inacted that noe person or persons shall entertayne or receive any Indians without leave first obteined from the countye court where such occasion shall be offered, or at leastwise from two comissioners whereof one shall be of the quorum; And that all Indian children by leave of their parents shall be taken as servants for such a terme as shall be agreed on by the said parent and master as aforesaid; Provided that due respect and care be had that they the said Indian servants be educated and brought vp in the Christian religion and the covenants for such service or services to be confirmed before two justices of the peace as aforesaid.	No Indians to be entertained without license from the co'ty. court or 2 justices of the peace. Indian children, by leave of their parents, may be taken as servants, but must be educated and bro't up in the Christian religion.
ACT III.
Be it enacted, That no inhabitants exporting their tobaccoes out of this colony shall be liable to the payment of any taxe or custome whatsoever, notwithstanding any thing in any former act or acts provided to the contrary.	Inhabitants exporting their tobacco not liable to any duty or custom.
ACT IV.*
FFOR the greater incouragement of manufacture and other trade be it inacted that all peeces of eight of what mettle soever shall pass for currant and lawfull at five shillings per peece imediately after publication of this act and if any person or persons shall refuse any peece or peeces in or for any consideration tendred vnto	Pieces of eight of what metal soever, to pass at 5s. a piece.
* This act repealed at the next session. See ante ch. IV. pa. 397. The acts of March, 1655-6, having been placed before those of March, 1654-5 in the MS; and both of them being numbered simply 1655, the mistake was not discovered till it was too late to alter the arrangement.

411

them, the said party so refuseing shall be liable to the censure of the next ensueing county court where such contempt shall be offered.
ACT V.
BE it enacted, That the com'rs. of each county court shall have authority to license ordinaries and fferryes.	Co'ty courts authorised to license tavern keepers and ferries.
ACT VI.
BE it enacted by this Grand Assembly That all Irish servants that from the first of September, 1653, have bin brought into this collony without indenture (notwithstanding the acts for servants without indentures it being only the benefitt of our own nation) shall serve as followeth, (vizt.) all above sixteen yeares old to serve six years, and all vnder to serve till they be twenty-four years old and in case of dispute in that behalfe the court shall be judge of their age.	Irish servants bro't in without indentures, if above 16 years old to serve 6 years; if under 16 to serve till 24.
ACT VII.*
Be it enacted by this present Grand Assembly that all Burgesses shall be sumoned and elected in manner hereafter expressed, That is to say, that the severall and respective sherriffs shall within ten dayes after the receipt of such writts as they shall receive to that purpose cause the same to be published and by giving notice of the same from house to house by the sherriff or this deputy to all persons interested in elections, which he is to doe ex officio: And then and there also to publish and declare the certain day of the week and moneth for chooseing Burgesses to serve in the Assembly for all accustomed places in the severall countyes and parishes respectively.	Election of burgesses; how the time and place of election to be notified by the Sheriffs. When and where held.
That at the day and place of elections the sherriffs	Sheriffs to attend the
* This act is numbered in the margin of the MS. 7, 8, 9, as three distinct acts; but the subject matter not admitting of such division I have comprised the whole in one act.

412

shall take view of the said elections, and before the sitting of the Assembly make returne into the secretary's office, att James Cittie, of the persons then and there elected by subscription and of the major part of the hands of the electors; and that the sherriff who shall wittingly or willingly make any false return or neglect his duty shall incurr the pennalty of 10000 lb. of tob'o.	election and make returns to the secretary's office of the persons elected by the subscription of the major part of the electors. Penalty.
That the persons who shall be elected to serve in Assembly shall be such and no other then such as are persons of knowne integrity and of good conversation and of the age of one & twenty yeares −−− That all house keepers whether ffreeholders, lease holders, or otherwise tenants, shall onely be capeable to elect Burgesses, and none hereby made vncapable shall give his subscription to elect a Burgesse vpon the pennalty of four hundred pounds of tobacco and cask to be disposed of by the court of each county where such contempt shall be vsed: Provided that this word house keepers repeated in this act extend no further then to one person in a ffamily.*	Qualifications of persons to be elected. Right of suffrage to be exercised by all housekeepers, whether freeholders, lease holders or other tenants. Penalty for voting, not being qualified. But one person in a family to vote.
ACT VIII.
An Act for regulateing of Trade and establishing Ports and Places for Marketts.
TO prevent the great inconveniencies of trade and comerce in this collony, the long demorage of shipps with the greate abuse of fforestallers whereby the poor inhabitants of this collony are greatly impoverished:       Be it enacted by this present Grand Assemblie, as followeth: That in every county respectively within this collony there be one or two places and no more, ten miles distant forthwith appointed and sett apart by the comissioners with the consent of the inhabitants if it may be within the extent of one mile and a halfe or two	One or two places to be set apart in each county, to which the trade of the county and markets shall be wholly confined.
* This act was amended by act XVI. of the next session (see ante pa. 403) and the right of suffrage extended to all free men. −−− See note to act IV. of this session.

413

414

Pages 393-403

Pages 414-428