Pages 404-414

Pages 429-452

414

415

416

to be hereby repealed, Provided they keep without the bounds forbidden by the articles of peace with them.
ACT II.*
CONCERNING orphans estates, Be it from henceforth enacted, That all wills and testaments be firme and inviolable, but in case the executors or overseers refuse to execute their trust, then the estates disposed of by will to be liable to such rules as are laid down for the management of estates of persons intestate.	If executors refuse to qualify, the estate of the decedent to be managed as in case of intestacy.
That noe accounts be allowed on orphans estates, but they be educated vpon the interest of the estate, if it will beare it, according to the proportion of their estate, But if the estate be so meane and inconsiderable that it will not reach to a free education then that orphan be bound to some manuall trade till one and twenty yeares of age, except some ffriends or relations be willing to keep them with the increase of that small estate, without diminution of the principall, which whether greate or small allways to returne to the orphans at the yeares appointed by law.	Orphans to be educated on the interest of their estates; but if too small for that purpose the orphans to be bound out, unless some friend will keep them on the interest. The principal to remain unimpaired.
That all cattell, horses and sheep be returned in kind by the guardians, according to age and number whereat he received them, as all household stuff, lumber and the like to be prized in money, And by the guardians te be paid in the country comodity (whatsoever it shall be) to the orphans as it is then currant in the country and in the perticular place where the orphan's estate is managed.	Cattle, horses & sheep to be returned in kind, according to age and number by the guardian to his ward. Household stuff, by appraised value, payable in country produce.
That the court take able and sufficient security for orphans estates, and enquire yearly of the security, & if the court sees cause to have it changed or called in and placed as the court think best, The said court also to enquire whether orphans be kept and maintained	Courts to take sufficient security for orphans' estates & to examine into it yearly −−− to change it if necessary.
* The different sections of this act are numbered in the margin of the Rand. MS. to 8 inclusive, in the same manner as the acts themselves; then follow the numbers of the acts in their progressive order, as inserted in this collection.

417

and educated according as their estates will beare, And if they find any notorious defect to remove the orphans to other guardians, As also for those that are bound apprentices to change their master if he vse them rigourously or neglect to teach them his trade.	Their general power & duty as to guardians, orphans and apprentices.
That such orphans as are not bound apprentices shall after seaventeen yeares of age have the produce of their owne labours and industry and to dispose of as they list, besides the maintenance from their guardians, Allwaies provided that nothing be infringed.	Orphans not bound apprentices to have product of their own labour after 17 years of age.
That no more be allowed to guardians for collecting of debts due to the estate then what is allowed vsually by merchants to their ffactors or attorneys, or rather that so much in the hundred be appointed as shall seem reasonable to the courts.	Commissions allowed to guardians.
That thirty pounds of tobacco per day and no more be allowed to each apprizer for the apprizement of all estates if they will take it.	Allowance to appraisers of estates.
That there be a regulation of excessive ffuneral charges by the comissioners where nothing is mentioned concerning them in the decedents will.	Funeral charges not to be excessive.
ACT III.
BE it enacted from henceforth that all money debts made in the colony shall be pleadable except only such as were made in time of a former prohibition of money debts being pleadable (vizt.) from the 26th day of March A'o. 1643, to the tenth of October, A'o. 1649. As also all money debts which are or shall be made in England for goods imported into this collony but not otherwise.	All money debts recoverable except those contracted between 1643 & 1649, during a former prohibition.
ACT IV. Against Fraudulent Deeds.*
WHEREAS by the 15th act in March, 1642, and also by the 15th of the 30th of Aprill, 1652,	No estate in lands, goods, or chattels
* Act IV is the first act of this session inserted in the Jef. MS. that three preceding acts being said to be wanting in the journal. But they are here given entire as taken from the Rand. MS.

418

It hath bin provided that no person or persons should passe over by conveyance or otherwise any part of his estate whereby his creditors not haveing knowledge thereof, might be defrauded of their just debts vnles such conveyance were first acknowledged before the Governour and Council or at the monthly courts and there registered in a booke for that purpose within six months after such alienation, This Assembly hereby confirmeth the aforesaid acts, And further explaineth them that no part of any estate whether in lands, goods, or chattells shall be made over otherwise then as aforesaid is expressed.	to pass over unless by conveyance, to be acknowledged before the governor and council or co'ty. court registered within six months.
(Rand. MS.   Jef. MS.)
ACT V. Concerning Ministers Imported. *
WHEREAS many congregations in this collony are destitute of ministers whereby religion and devotion cannot but suffer much impairment and decay, which want of the destitute congregations ought to be supplied by all meanes possible to be vsed, As also to invite and encourage ministers to repaire hither and merchants to bring them in, Bee it therefore hereby enacted for the reasons aforesaid, that what person or persons soever shall at his or their proper cost and charge transport a sufficient minister into this collony without agreement made with him shall receive for satisfaction of his or their said charges of him the said minister or they that shall entertaine him for their minister, twenty pound sterling by bill of exchange or two thousand pounds of tobacco, and also for what money shall be disbursed for them besides their transportation to be allowed for.	A reward of £ 20 sterling for importing a minister.
(Rand. MS.   Jef. MS.)
* The titles of this, and the succeeding act are inserted in the Jef. MS. but not in the Rand. MS. though the acts are the same in both MSS.

419

ACT VI. Concerning Attornies.
THIS Assembly findeing many inconveniencies in the act prohibiting mercenary attornies, doe therefore hereby enact, and be it by these presents enacted, that that act, and all other acts against mercenary attorneys to bee totally repealed,* And be it enacted that the Governour and Councill shall appoint and allow such as they shall find fitt and able to be attornies in the quarter courts, and the comissioners to do the like by nominateing attornies for the county courts, Provided that no attorney be admitted to practice or pleade, before he have taken this oath following:	All acts against mercenary attornies rep'led. Gov'nor and council to license attornies in q'r. courts and comm'rs, to nominate attornies for county co'rts.
[The oath is wanting in both MSS.]
And if any controversies arise between attornie and his client about their ffee, it shall be determined in the court where the cause is pleaded, Provided allwaies that those onely be called councellors at law, who have allreadie been qualified therevnto by the lawes of England, and those so qualified to enjoy all priviledges those lawes give them.	Court to determine as to fees if any dispute arise. None to be called councellors at law but those qualified by the laws of England.
(Rand. MS.     Jef. MS.)
AT VII. Concerning Planting of Corne.
BE it enacted that all persons, or persons shall plant and tend for every tithable person in their family two acres of corne vnder the pennaltie of five hundred pounds of tobacco for every acre neglected as aforesaid to be paid by the offender and to be levied by the sherriff for the counties vse, and the constables in their severall lymitts to looke strictly after the breach of this act, vpon notice given them by the comissioners.	Two acres of corn to be planted for every tithable person in a family. Penalty. Duty of constables.
(Rand. MS.   Jef. MS.)
* See ante pa. 275, 302, 313, 349.

420

ACT VIII. Concerning Planting of Mullberry Trees.
WHEREAS by experience silke will be the most profitable comoditie for the countrey (if well managed) and as the greatest conducement therevnto required, is provision of Mullberry Trees, Be it enacted and confirmed by this present Grand Assembly, that everie proprietor of land within the collony of Virginia shall for every one hundred acres of land holden in ffee, plant vpon the said land tenn mullberry trees, at twelve foot distance from each other, and secure them by weeding, and a sufficient ffence, from cattell, horses, &c. between this and the last of December, 1658, and for everie tree that shall be wanting, or vntended in manner aforesaid of the said proportion at the said last of December, 1658, he the said proprietor that shall be soe delinquent shall pay tenne pounds of tobacco, one halfe to the informer, the other halfe to the countie where the delinquent liveth, Provided that this act do not extend to orphans, vntil the expiration of two yeares after their full age, and then if delinquent to be liable as aforesaid, And no person in planting more then his number, shall excuse any that hath planted less, Provided allwaies that this act extend not to such proprietors as are not in actuall possession.	10 mulberry trees to be planted for every 100 acres of land held in fee simple, and sufficiently fenced and tended. Penalty for neglect. Not to extend to orphans till 2 years after full age. Nor to proprietors not in actual possession.
(Rand. MS.   Jef. MS.)
ACT IX. Concerning Stray Horses and Cattell.
FOR remedie of the great abuse and wrong done in takeing vp stray horses, cattell and lost boats not onely in concealing of them, but in vseinge and employing of them; to the hurt and damage of the owners, Be it enacted by this present Grand Assembly, that everie person or persons that shall take vpp or keepe any stray horses, cattell or boates, shall within one moneth after the takeing vp, such stray horses, cattell or boates present a perticular declaration in writeing vnder their hands to the clerke of that county where the said boate, horses and cattell is taken vp, of the marks, stature,	Persons taking up estrays of horses or cattle, or lost boats to present a particular description within one month to the clerk of the court.

421

colour of the horse and cattell, and proportion of the boat, with what is found in her, and that the clarke is to record the same, and to make returne of all such records to the next quarter court, which said returnes are to be recorded in the secretaries office; and for every person not presenting as aforesaid shall pay two thousand pounds of tobacco, one halfe to the informer the other to the publick vse of the county, and pay all reasonable costs and damages to the party greived, all clarkes makeing default herein shall be greivously amerced by the Governour and Councill, Nevertheless this act shall not be interpreted to hinder the legall prosecution of any person or persons that shall felloniously take or steale any horses, cattell or boats in this collonie.	Returns to be recorded. Penalty for not presenting such description, & on clerks for not recording. This act not to prevent the legal prosecution of those who feloniously take or steal any horses, cattle or boats.
(Rand. MS.)
ACT X.
WHEREAS by a former act of Assembly priviledge was granted to any parish to send one or two burgesses, and severall disputations ariseing therevpon, how the charges of the said parochiall Burgesses should be defrayed, It is ordered that everie county shall pay the Burgesses usually sent from the respective counties as formerly, and if any parish shall return a Burgesse for their perticular occasion, then the charge of the said Burgesse to be levied in and by the parish that elected him.	Counties to pay the expenses of their burgesses; but if a parish elect a burgess for any particular purpose, such parish to pay the expense.
(Rand. MS.   Bl. MS.   Jef. MS.)
Committee appointed for Reveiw of the Acts.*	Committees appointed.
Capt. Francis Willis, Chairman. Leift. Coll. Abraham Wood, Coll. Geo: Reade, Mr. John Wilcox.	For a revisal of the laws.
* At this session a revisal of all the laws was directed. They were accordingly digested into one volume, and passed at an assembly held in March, 1657-8 −−− The revisal is contained in 131 acts, many of which are well adapted to the existing state of the country.

422

For Private Causes
Major Holt, Chairman.	For private causes
Mr. Peter Ashton, Capt. Ro: Ellison, Capt. Ralph Langley,            Mr. Anth. Wyatt. Capt. Moore ffantleroy. Capt. Wm. Harris,
Capt. Wm. Whittaker
Whereas the Governour and Councill in respect of some emergent necessitie had made choice of Leift. Coll. Walker and Mr. Nathaniel Bacon to be added to the Councill during the intervall of the Assembly, this Assembly takeing the reasons into consideration confirme their election and accordingly have consented	Members of council appointed by the gov. and council, during the recess of the Assembly.       Their appointment confirmed.
(Rand. MS.   Bl. MS.)
VPON the petition of Coll. Thomas Dew to be impowered to make a discoverie of the navigable rivers to the southward between Cape Hatterras and Cape Feare with such gentlemen and planters as would voluntarily and att their owne charge accompanie him, It is ordered that the said Coll. Thomas Dew be hereby authorized and impowered to make the said discoverie. Provided it be done at the proper charge of the vndertakers, and not at the cost of the publique, and in the absence or in case of the mortality of Coll. Thomas Dew, Capt. Thomas Francis is hereby invested with the like power.	Voyage of discovery of the navigable rivers between Cape Hatteras and Cape Fear, authorised.
(Rand. MS.   Bl. MS.)
DEBATE and consideration of the charge and defence of Coll. Edward Hill by the general and unanimous assent and vote of both houses without any contradiction hath been found guilty of those crimes and weaknesses there alleaged against him and for the vindicating themselves from any imputation of his crimes and deficiencies have ordered that his present suspension from all offices military and civil that he hath had or may have continue & be made uncapable of restitution but by an Assembly, and that he be at the charge of whats alreadie expended in procuring a peace with the Richahecrians and if the Governour or Councel	Sentence pronounced on Coll. Edward Hill in relation to the Richahecrians.

423

shall find any nearer way to effecting thereof that it shall be acted at the said Coll. Hills proper cost and charge.
(Bl. MS.)
WHEREAS a petition was presented to the hon'ble Assembly by the Burgesses of the Isle of Wight countie in behalfe of the inhabitants of Terrascoe neck and the Ragged Islands subscribed by divers of the said inhabitants expressing their desires to be taken out of the county of Vpper Norfolke and adjoyned to the countie of the Isle of Wight for their greater conveniency, it is ordered that the Governour be desired to nominate a councellor who is to appoint a precize time and place for the comiss'rs. Of each countye to meet him, and in case the said com'rs. Cannot agree about fixing the bounds of each county, Then the said councellor as an vmpire to putt a period to their differences and the bounds by him or them then sett for the several counties to remaine for the future vnalterable, It being the opinion of the house that naturall bounds will be fittest for that purpose.	Part of the county of Upper Norfolk added to Isle of Wight. How to be laid off.
(Rand. MS.   Bl. MS.   Jef. MS.)
IT is ordered by this Grand Assembly that there be levied by the pub: annually the sume of twenty thousand pounds of tobacco, which is to be allowed for the accomodation of the Governour and Councill att James Cittie during quarter courts and Assemblyes.	Pay of gov. & council during qr. Courts.
(Rand. MS.   Bl. MS.   Jef. MS.)
IT is ordered by the Assembly that twentie-five thousand pounds of tobacco per annum be conferred on the Governour which from time to time shall succeed in the government of this countrey towards his maintenance in the said place, which is to be yearly levied out of the publique, And also that the dutys which shipps were formerly vsed to pay to the Capt. of the Castell be from henceforth paid to the Governour of this country, to be by them converted to their maintenance in the government as aforesaid, And that lycenses for marriages and all other priviledges and comodities enjoyed by the precedent Governours, be confirmed	Salary of the governor. Perquisites. Castle duties paid at the fort. Marriage licenses.

424

to the present Governour with reservation of the castle duties to Coll. Clayborne of what shipps are alreadie entered or shall enter before the expiration of this present thirteenth day of December.
(Rand. MS.   Bl. MS.   Jef. MS.)
FFOR encouragement of the ministers in this countrey and that they may be the better enabled to attend both publick commands and their private cures, It is ordered, That from henceforth each minister, in his owne person with six other servants of his family shall be free from publique levies, Allwaies provided they be examined by Mr. Phillip Mallory and Mr. John Green, and they to certifye their abilities to the Governour and Councill, who are to proceed according to their judgement.	Ministers and 6 servants each, to be exempted from public levies. How examined.
(Rand. MS.   Bl. MS.   Jef. MS.)
IT is ordered that the parish of Bristoll have power to keep courts within their said parish and to heare and determine all differences herein as at county courts which courts are to be kept by the comissioners dwelling in the said parish, but either plt. Or defendant if they crave it shall have licence to appeale to Charles Cittie or Henrico county courts.	Parish of Bristol may hold courts, with the jurisdiction of county co'rts. Appeals to Charles City or Henrico county.
(Rand. MS.   Bl. MS.   Jef. MS.)
IT is ordered that six thousand pounds of tobacco be allowed to Coll. ffrancis Morrison, speaker of this house, for his loss of time and great care and pains taken about the publick busines.	Salary of the speaker of the house of delegates.
(Bl. MS.)
IT is ordered that Major Charles Norwood, heretofore clerk to the Assembly, be allowed two thousand pounds of tobacco in full of all his arrears of salary; and the clk. place of the Assembly henceforth to be conferred on Mr. Henry Randolph to officiate therein as Major Norwood hath done and to have the same salary.	Salary of the clerk of the house of delegates. Henry Randolph appointed clerk.
(Bl. MS.)

425

IT is ordered that for this present year the com'rs. of the militia in every county endeavour to provide four barrels of powder with shot proportionable for each regiment which shall be allowed the next year out of the several county levies; that Rob't Hubbard for the care in attendance on the committee for review of the acts have two thousand five hundred pounds of tobacco out of the levies of James City or York county, Provided he write out the acts and orders at large and compleat them according to the direction of the committee and get them ready by the first of March next.	4 barrels of powder and shot proportionably to be provided for each regim't. of militia. Compensation to the cl'k. of the revisors of the laws.
(Bl. MS.)
THAT Thomas Woodhouse for the quarter courts setting at his house two courts and for the committee's accommodation have two thousand five hundred pounds of tobacco granted him by the publick.	Compensation to Thos. Woodhouse for the q'r. court's sitting at his house; and the accommodation of the committee.
(Bl. MS.)
THAT letters be sent unto Coll. Sam'l. Mathews and Mr. Bennet that in respect the difference between us and the Lord Baltamore concerning our bounds is as far from determination as at first, they desist in that particular until further order from this country.	Letters to be written to Mathews & Bennett on the subject of the disputed boundaries with Maryland.
(Bl. MS.)
THAT George the Armenian for his encouragement in the trade of silk and to stay in the country to follow the same have four thousand pounds of tabacco allowed him by the Assembly.	Encouragement for making silk.
(Bl. MS.)
WHEREAS a petition was presented to the honourable Grand Assembly by Capt. Thomas Pritchard in behalfe of the inhabitants of Nuttmegg Quarters intimateing their desire by reason of their small number not longer to continue a parish of themselves, but to be united to the parish of Denbigh, It is ordered that the comissioners the next county court make enquirie of the desires of the inhabitants, and if the major part agree vnto it, then they to be accompted	Provision for uniting Nutmeg Quarter to Denbigh.

426

and be members of the parish of Denbigh aforesaid otherwise to remaine a parish of themselves as at present.
(Rand. MS.   Jef. MS.)
THIS day Coll. ffrancis Morrison was desired by the house to write two letters, one to his highness, the other to the Secretary of State, and Capt. Willis to draw up a testimonial for the Gov'r.	Letters to be written by Col. Morrison to the protector & secretary of state.
(Bl. MS.)
IT is ordered, that Coll. Abraham Wood be appointed and made Coll. over the regiment of Charles City and Henrico countys in the room of Coll. Hill by this present Assembly suspended, and Capt. William Harris made Major if the said regiment being his due as the first Capt. according to the desire of the said Coll. Abraham Wood.	Col. Ab'm. Wood appointed commandant of regiment in Charles City and Henrico, in room of Coll. Hill suspended.
(Bl. MS.)
ORDERED that Edward Digges, Esquire, being at present Governour, be requested to continue his office, and reteine the reines of government in his hands during his abode in the countrie, and in the interim Coll. Samuel Mathewes, Governour elect to take place next him in councill.	Col. Edward Diggs requested to act as gov'r. during his stay in the country. Col Samuel Mathewes, gov'r. elect to take place next him in council.
(Rand. MS.   Bl. MS.)
ORDERED that Edward Diggs, Esq. Gov'r. after the expiration of his government do in the Councel take place next unto Coll. John West, Esq.	Rank of Ed. Diggs in council after expiration of his time as governor.
(Bl. MS.)
VPON the petition of Coll. Abraham Wood and Mr. Anthony Wyatt in behalfe of the inhabitants on the south side of Charles Cittie county, shewing the greate inconveniencies accrewing to them by reason of the courts being kept on the north side of the river, It is ordered that the place of keeping courts for the said county shall be on the south side of the river, at such place as the comissioners or the major part of them shall find most convenient for the ease and benefitt of the inhabitants.	Courts in Charles City county to be held on the south side of the river.
(Rand. MS.   Jef. MS.)

427

WHEREAS a reveiw of the lawes hath been made by this Grand Assembly, it is ordered therevpon that they be all digested into one volume, and that the same be presented to Leift. Coll. Walker, Coll. Abra: Wood, and Capt. ffrancis Willis, who are desired as a committee to compare the same with the originall by March court, next, and vpon their signing it publication to follow, And it is further ordered that Mr. Robert Hubert may have license to carry the originall booke of records home to his owne house to copie them out by.	Revised laws to be digested into one volume. How and by whom copied from the original records.
(Rand. MS.   Jef. MS.)
WHEREAS by petition of the inhabitants of the lower part of Lancaster county shewing their vast distance from the countie courts was presented to the honourable Assembly by Capt. Moore ffantleroy and theire desire of haveing the county devided, It is ordered that according to an order of court devideing the said county at present into parishes, be for the future the bounds of the two counties, vizt. The vpper part of Mr. Bennetts land knowne by the name of Naemhock on the south side of the eastermost branch of Moratticock Creeke on the north side the river be the lower most bounds of the vpper county; The lower county to retaine the name of Lancaster, and the vpper county to be named Rappahannock* county and notwithstanding this division both counties to be liable to the burgesses charge of this present assembly.	Rappahannock county formed from the upper part of Lancaster.
(Rand. MS.   Jef. MS.)
[Here follow in the Rand. and Bl. MSS. a number of decisions in civil actions, and of petitions from individuals for compensation relating to the late expedition against the Indians; but they are not of sufficient interest to merit insertion.]
IT is orderered that Sr. Wm. Berkeley be allowed four thous'd five hundred pounds of tobacco for cask with the tobaccos upon the sale of his house, It being	Allowance to Sir William Berkeley for his house.
* This is the first time the name of Rappahannock appears.

428

according to the agreement though omitted by the clerk and that it be placed upon James City county.
BE it enacted, That the articles of agreement made the 5th day of                   1652 with the comissoners of the parliament be renewed vpon the                   and here continued which is as followeth. It is agreed & thought best,                  government of this country be the Governour, comissioners, &                   That the right of election of all officers of this country be and appertein                   the Burgesses, the representatives of the people, And it is further                   for the present by the Burgesses, that in remonstrance of the confi                   that they have in the said comissioners, that the present election of all offic                  not already constituted be referred to the said Governour and comissioners, and that this their elections be not presidentiall to any succeeding Assembly.	Agreement of 5th May, 1652, with the comm'rs. of parliament as to appointment of officers, continued.
(Rand. MS.)
EDW'D DIGGS.            FRANCIS MORYSON, Speaker.
[In the Bl. MS. the acts of this session are followed by the letters of the Assembly to the Lord Protector and Coll. Samuel Mathews, together with instructions for the honourable Edward Diggs, which are accurately published in the second vol. of Burk's Hist. of Virginia, pa. 116.]

Pages 404-414

Pages 429-452