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Articles of Peace made with the Indians.
[Between act 42 and 43 in the MS. is inserted the treaty with Necotowance, king of the Indians, also the act concerning forts; and that appointing an interpreter for the colony; which three, form acts I, II, III of October, 1646, ante pa. 323, with no other variation than that in the first article Necotowance acknowledges to hold his kingdom of the "King's Majesty" of England; and the "Lord Protector's Governors" instead of the "King's Governors." are mentioned.]
ACT XLIII.
Releife for Poore Prisoners.*
WHEREAS divers poor prisoners have bin very hardly vsed by a long and tedious imprisonment of their bodies vpon actions of debt, which they are vnable to discharge in kind, though very readie and willing to give a valuable satisfaction to their creditors, who notwithstanding maliciously and perversely refuse such satisfaction to the vtter ruine of such poore indigent persons, their wives and children, Bee it therefore enacted, for the releiveing of such as are vnder duresse and distrainte or hereafter shall be imprisoned for debt, That where such persons doe or shall tender a valuable satisfaction to their creditors, by the appraisement of two honest persons, one to be chosen by the creditor, the other by the debtor, such creditor shall be compelled to accept of the same as satisfaction for their debt, and where two appraisers chosen cannot agree, in such case the two next adjoining comissioners to determine the valew of the goods vnder appraisement, and satisfaction to be given the creditor, where the estate of the debtor remaineth, Provided* that this law do not extend to releive any person or persons whatsoever that by his owne choice of what parte hee pleases of his estate	Preamble. Poor prisoners in execution may be relieved by surrendering property to their creditors, to be valued by 2 men mutually chosen or their umpires. Provided that the debtor shall not be at liberty to give up what part of his estate he pleases; but
* Taken from act VIII of November, 1647, ante pa. 346; but the proviso has been added to this act.

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shall claime the benefitt thereof, but that the sherriff shall be bound to make seizure of any parte of the estate of such debtor, in choice whereof the sherriffe is to proceed indifferently to either partie, according to his oath, and in case of difference between the sherriffe and debtor. two comissioners or more to determine thereof.	the sheriff to seize any part.       In case of disagreem't. between sheriff & debtor 2 justices to decide.
ACT XLIV.
Neglect of Comissioners fineable.
[This is the same as act XVII of Nov. 1647, (ante pa. 350) with the transposition of a few words only.]
ACT XLV.
Against Hoggstealing.
[This act is in the very words of act XIX of Nov. 1647 (ante pa. 350) except that the last clause in that acct, repealing a former one, is omitted in this.]
ACT XLVI.
What Persons are Tithable.
BEE it enacted for the prevention of the greate abuse vsed by presenting of imperfect lists, that all male servants hereafter imported into this collony of what age soever they be, shall bee brought into the lists and shall be liable to pay countrey levies; and all negroes imported whether male or female, and Indian servants male or female however procured, being sixteen years of age, to be listed and pay leavies as aforesaid; such christians onelie to be excepted as are natives of this countrey, or such as are exempted from levies being vnder the age of sixteen years, And it is further enacted, That everie master of a ffamily shall present a true list of his ffamily by the names of all the tithables therein to the clarke of the country court to bee recorded, who is to doe it (ex officio) wherein hee liveth, between the first day of June and the last thereof, vpon	Tithable persons, who. All imported male servants of whatever age. All negroes imported and Indian servants, male or female, 16 years old. Native christians and free persons imported under 16, excepted. Lists to be presented to clerk of co'ty. court and there recorded.       When.

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the penalty of paying treble duties for everie person left out; or if they shall neglect to present their lists as aforesaid, then to pay treble for the whole ffamily; and if the clarke shall neglect to record them, to be fined at the discretion of the comissioners; and if any dispute arise about the age of any tithable, the court to be judge; and this act being of such gennerall concernement to be sett vp at the courte door for everie one to take notice of.	Treble tax for concealing a tithable. For not returning a list treble tax on the whole family. Penalty on clerk. Age, how ascertained. This act to be set up.
ACT XLVII.
Judgement of a Debt before one or more Comissioners, attested by them.
IT is enacted that the concession and acknowledgment of a debt by the debtor vnder his hand before any comissioner, shall be accompted in lawe in the nature and quality of a judgment, soe as the writing be attested by the said comissioner vnder his hand, and execution shall therevpon issue, in case the debt be not paid according to the tenor of the writeing, being attested as aforesaid, Provided that the debt exceed not the value of ffive pounds sterling or ffower hundred pounds of tobacco; and in case the acknowledgment of the debt be made as aforesaid, then the judgment shall be binding and the execution therevppon shall be legall, being once payable and due, of what valew soever, either in money or tobaccoe the debt shall be; Provided the same bee recorded the next county courte.	Where a debt exceeds not £ 5 sterl. or 400 lb. tob. judgm't. may be confessed before a commissioner in writing attested by him. In like manner judgm't. to any amo't. may be confessed before 2 commissioners.       To be recorded the next county court.
ACT XLVIII.
Indians not to be assigned over.
IT is enacted that in case any Indian do dispose of his childe to any person or persons whatsoever, either for education or instruction in Christian religion, or for learning the English tongue or for what cause soever, those persons to whom such childe shall be disposed shall not assigne or transferre such Indian child to any other whatsoever, vpon any pretence whatsoever	Indian children confided to the whites for any purpose whatever, not to be transferred.

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of right to him or any time of service due from him, And it is further enacted that such Indian childe shall be free and at his owne disposall at the age of twenty five yeares.	Such Indian children to be free at 25.
ACT XLIX.
The size of Tobacco Caskes.
IT is enacted, Vpon the complaint of divers masters and merchants of shipps against the incertainty and extraordinary size of caske, which hath bin very much prejudiciall to them, that a certaine size of all tobacco caske of Virginia hhds. shall be as followeth, vizt. ffourtie three inches in length and the head twentie & sixe inches wide with the bulge proportionable; and whosoever shall make caske of a greater size shall pay vpon proofe made to any court, if hee be a freeman, (otherwise his master or mistresse that imploies him) three thousand pounds of tobasco, the one halfe to the informer, and the other halfe to the countey where the caske is made, and if any caske shall be made of timber not well seasoned then such caske to be burnte.	Dimensions of tobacco hogsheads. Penalty for exceeding the legal size. For making casks of timber not seasoned.
ACT L.
Countie Courts to levie Rewards for killing of Wolves.
WHEREAS great complaint is made of the frequent and many injuries done by wolves to the cattell and hoggs of severall inhabitants, It is therefore thought fitt and enacted by this Grand Assembly for the better encouragement of those that kill and destroy wolves, that the com'rs. of the severall counties shall hereby have power to advance and augment the reward appointed for killing of wolves, to such quantitie of tobaccoe as to their discretions shall be found fitt and reasonable.	Co'ty courts to fix rewards for killing wolves, at their own discretion.
ACT LI.
Indians to be first served with Land.
BEE it enacted by this present Grand Assembly that there be no grants of land to any Englishman	No grants to issue till a

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whatsoever (de futuro) vntil the Indians be first served with the proportion of ffiftie acres of land for each bowman; and the proportion for each perticular towne to lie together, and to be surveyed as well woodland as cleered ground, and to be layd out before pattented, with libertie of all waste and vnfenced land for hunting for the Indians, And be it further enacted that where the land of any Indian or Indians bee found to be included in any pattent allreadie granted for land at Rappahannock or the parts adjacent, such pattentee shall either purchase the said land of the Indians or relinquish the same, and be therefore allowed satisfaction by the English inhabitants of the said places, the said satisfaction to be proportioned equally between them.	certain proportion of land be allotted to each bowman of the Indians. Privilege of all waste lands, for hunting. Indians' lands included in patents to be relinquished or paid for.
ACT LII.
No Arrest on Sabboth dayes.
WHEREAS it hath been the frequent practice of sherriffs and officers for their owne case and benefitt to repaire to the churches on Sabboth dayes and other publique meetings on purpose to serve executions warrants and other writts, by which meanes many times those duties are neglected by such who are in danger of arrests, It is therefore ordered, and bee it enacted by this present Grand Assembly, that no officer or officers shall from henceforth execute any writt or warrants vpon any person or persons in time of exercize or muster for that day, nor on the Sabboth day.	No writ or warrant to be executed at a muster, or on a Sabbath day.
ACT LIII.
Indians to Kill Wolves.
WHEREAS of late yeares the wolves have multiplied and increased exceedingly to the greate losse and decrease of cattell and hoggs This Grand Assembly doth therefore enact and declare, And be it hereby enacted and declared that the comissioners of each countie courte respectively shall take order for the destroying them in what way they shall best agree, by imploying Indians or otherwise, Provided they arme not the Indians with English armes and gunns contrary to act of Assembly.	Indians to be employed by comm'rs. of co'ty. courts to kill wolves. Provided they be not armed with Eng. arms.

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ACT LIV.
What ffences shall be sufficient.*
BEE it also enacted and confirmed by this present Grand Assembly. That everie planter shall make a sufficient ffence about his cleered ground at the least fower foot and a halfe high, which if he shall be deficient in what trespass or damage soever he shall receive or sustaine by hoggs, goates or catell, shall be his owne loss and detriment, And also if it shall happen that any person shall hunt, anie of the said horses, mares, hoggs, goates or cattell that shall so offend and doe them harm he shall make satisfaction for any of them, that shall be so hurt to the owners of them, to be recovered within any court of justice within the collonie; And it is further enacted, That where any horses, mares, cattell or hoggs shall endamage any person for want of such ffence as aforesaid, and the partie damnified do wilfully kill or otherwise hurt so as the cattall, hoggs, horses or mares do die of such hurte, whether by doggs sett vppon them or otherwise, in such case the owner of the ground shall not onelie be liable to satisfie the value of such horses, mares, hoggs or cattell, but by vertue of this act be adjudged to satisfie double the value of such horses, mares, hoggs or cattell soe killed to the owner of them, And further be it enacted that where the ffence shall be adjudged sufficient, vizt. ffoure foot and a halfe, high and close downe to the bottom, that in case any damage or tresspass be then done or committed to any person haveing such ffences, by either horses, mares, hoggs, goates or any other cattell whatsoever, the owners of such horses, mares, &c. shall be liable to make satisfaction for their trespass and damage to the person injured in case the ffence be found by two honest men appointed by the next com'rs. to be sufficient.	Sufficient fences to be made, four feet and a half high; otherwise the owner of the land to have no redress for trespasses; & liable to the owner of the beasts for hurting or injuring them. And, for killing them to pay the value and double damages. If the fence be sufficient, the owner of the land to have satisfaction. How fences to be viewed.
* Compounded of act V of March, 1642-3 (ante pa. 244,) and act XV of October, 1646, ante page 332, with amendments.

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ACT LV.
No blank Warrants.
[This act is taken from act XXVII of March 1642-3, ante pa. 257.]
ACT LVI.
Noe Collonie Servants.*
BEE it hereby enacted and confirmed that noe person or persons whatsoever, for anie offence alreadie comitted shall be adjudged to serve the collonie hereafter.	Servitude for offences abolished.
ACT LVII.
None to bee compelled to resurvey Land.
[This act is a literal transcript from act XXXVIII of March,1642-3, ante pa. 262.]
ACT LVIII.
Holy daies in commemoration our deliverance from Massacres.
BEE it enacted and confirmed by the authoritie of this present Grand Assembly, That the two and twentieth day of March† and the eighteenth day of Aprill‡ be yearly kept holie in comemoration of our deliverance from the Indians at the bloody massacres the 22d day of March, 1621 and the eighteenth of Aprill, 1644, And that the ministers of everie parish give notice	Holy days.
* This act seems to have been copied from act XXIX of 1642-3 (ante pa. 259,) except the words, "or to be committed," inserted in that act, are omitted in this.
† This holy day appears to have been first instituted at the March session 1623-4 (see ante page 123, act 4.) and the observance of it has been repeatedly enjoined since −−− See ante page 177, 202, 263.
‡ This holy day was first instituted at the February session 1644-5. See act IV, and page 290.

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thereof to the parishoners the Sabboth day next before.
ACT LIX.
Old Virginians freed from Taxes.*
IT is enacted and confirmed by the authoritie aforesaid, That all such persons as were here or came in at the last comeing in of Sir Tho: Yates,† shall be exempted from their personall service to the warrs and all publique charges, ministers duties excepted, not exempting their ffamilies (excepting such as shall be imployed in cheife.)	Old Virginians, privileges of.
ACT LX.
Concerning takeing awaie of boates.
[This act agrees verbatim with act XLIII of March, 1642-3, except that the word "leave" is used in this act in the place of "license" in that, and the word "if" instead of "and" after the word "authorized," which occurs but once in the act.]
ACT XLI.
Pennalty for not Building Prisons.
BEE it alsoe enacted and confirmed by this Grand Assembly, That if any person shall happen to escape from the hands or custody of any sherriffe of the severall counties respectively for want of a sufficient prison in each countie, all such sherriffes shall find his remedie against the severall counties which shall be delinquent in the building of prisonns, And it is alsoe enacted and confirmed that the said sherriffes shall bring an accompt at everie Grand Assembly of such charges and disbursements as are occasioned in their severall	Prisoners escaping for want of sufficient prisons, the courts to be liable to the sheriffs. Expense of keeping the Protector's prisoners, how certified and paid.
* Taken from act X of March, 1623-4, ante page 124 −−− Act XLI of February, 1631-2, ante page 172 −−− Act XXXVII of September, 1632, ante page 197 −−− and act XLII of March, 1642-3,with some variations.
† "Gates" in all the former acts.

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counties by keeping the Protector's prisoners, and the said disbursments to be satisfied out of the publique charge.
ACT LXII.
Quarter Courts settled.*
BEE it hereby enacted and confirmed for the prevention of much trouble to the Governour and Councill, and charges to the inhabitants of this collonie by over long attendance on their suites at James Cittie, that the quarter courts shall beginne as followeth, vizt.	Q'r. court, terms of.
March courte to beginne the 20th day of March, if it be not Sonday, if it be, then on the next day and to continue eighteen daies and Sundayes not to be accompted any of them.	March term.
June courte to beginne vppon the ffirst day in June in case it bee not Sunday, if it be, then on the next day after and to continue tenn dayes and Sundaies not to be accompted any of them.	June term.
The like for October court as for June court, The fourth court to beginne the twentieth day of November if it be not Sundaie; if it bee, then on the next day following to contain the number of daies as March court doth; the causes of suites to be expressed in the writts which may be enlarged by petition between every arrests and returnes of the writtes; the defendant to have ten daies time to provide himselfe; No arrests to be made in court, except for the following court; the writt to goe in the same tenor as formerly, The defendant vpon the return of the writt either by himselfe or attorney to enter his appearance in a booke to be kept for that purpose, And also to put in his answer vnder his hand the third day of the returnes of the writts, The petition and answer to be filed and remaine in the secretaries office, The plaintiff to put in his petition vpon the day of appearance and in case of such neglect to be non-suited and the defendants costs awarded against him.	Oct. term. Nov. term. Rules of practice. Writs to express cause of action. Defendant to have 10 days. No arrests in court, except for the following court.       Tenor of Writs. Appearance. Answer. Petition when to be filed. Non-suit.
* See act LV of March, 1642-3, ante page 270.

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ACT LXIII.
Countie Courts Settled.*
BEE it also hereby enacted that everie county court respectively shall keep their courts respectively as formerly, six times in the yeare, and to beginne on the severall daies of the moneth as hath bin formerly vsed and is hereafter expressed, vizt.	Terms of co'ty courts.
Henrico 1st Daie. Charles Cittie the 3d. James Cittie the 6th. Ilse of Wight the 9th.      Nanzemund the 12th. Gloster the 16th. Lower Norfolke the 15th. Eliza. Cittie the 18th. Warwick the 21st. Yorke the 24th. Northampton 28th. New Kent 28th.
Which courts are to be held once everie two months or oftener if emergent occasion shall require, and shall be called by the name of countie courts† and the comissioners to be stiled by the name of the comissioners of the countie counts; And for prevention of manie chargeable suites tending to the molestation and trouble of divers poor men, for pettie and triviall debts, It is thought fitt and enacted by this Grand Assembly, That no courts of justice within this collonie shall proceed to determine or adjudge or at all take cognizance of anie suite hereafter to be commenced for or concerning any debt vnder the value of 20s. sterling or two hundred pounds of tobacco, but in such cases the next adjoining com'r. to summon the debtor or defendant by his warrant before him, vpon complaint vnto him made, and to determine the same by order in writeing vnder his hand, which order shall be bindeing, and in case of non-performance, the said comissioner is authorized to commit to prison the person that is refractory to such order as aforesaid.	Courts to be held once in every two months or oftener upon emergency. To be called co'ty. courts, and comm'rs. to be called, comm's of co'ty. courts. Jurisdiction. Sums under 20s. sterling cognizable before a single magistrate, who may commit to prison for non-performance.
* See act LVI of March, 1642-3, ante page 272.
† Before the act of March, 1642-3, ante page 273, these courts were called "Monthly Courts," and the magistrates, "Commissioners of monthly courts."

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ACT LXIV.
Juries to bee empannelled to attend the Countie Cortes.‡
BEE it also enacted and confirmed, that a jurie shall be empannelled in the severall counties to attend the said courts, to receive all presentments and informations and to enquire of the breach of all penall lawes and other crimes and misdemeanours not touching life or member, and to present the same to the courte.	Grand juries to be empannelled at every court.
ACT LXV.
Noe Mares nor Sheepe to bee Transported.
IT is enacted that no mares nor sheepe be transported out of the collonie vpon such pennaltie as shall be thought fitt by the Governour and Councill.	Penalty for exporting mares and sheep.
ACT LXVI.
Free Trade to bee allowed.
[This act is a mere repetition of act XIV of February, 1644-5, ante pa. 296.]
ACT LXVII.
The Secretaries Fees.
BEE it further enacted and confirmed, by the authoritie of this present Grand Assembly that the secretary's ffees shall be as ffolloweth, vizt.	Secretary or clerk of q'r. court, his fees.
Tobacco. Imprimis  For a pattent and recording it    80   ffor a comission of administration             and recording it    60   ffor a probate and recording it    60   For a comission to trade    50   ffor a deposition    15
† Act XII of November, 1645 (ante page 304,) only required a grand jury at March and Midsummer courts.

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ffor a bond and recording it 40   ffor a coppie of a patent 30   ffor recording a letter of attorney 30   ffor recording a will 30   ffor a common warrant 015   ffor an order 015   ffor a coppie of an order 015   ffor recording a bill or receipt 010   ffor an execution 030   ffor a pass 030   ffor a subpœna 015   ffor a petition, if writt 015   ffor entring a petition 006   ffor a certificate for land 015   for coppie of an act of assembly 015   ffor recording a bill of sale or such                like 030   for swearing a jurie 015   ffor a comission for the Militia or          courte 050
Countie Courtes Clarkes Fees.
ALSOE bee it further enacted, for the better enabling and maintenance of the clerkes of the severall courts in their places that their fees shall be as followeth, vizt.	Clerks of co'ty. courts, their fees.
Imprimis  for an action 008   ffor entring of an order 008   ffor coppie of an order 008   ffor an execution 015   ffor an attachment 015   ffor a deposition 010   for copie of a dep'on. 010   ffor administrations and probats both at   060   ffor a subpœna 010   ffor a petition, if they write it 010   ffor entrie of a petition 003   for certificate for lands 020   for any other certificate 010   for recording any busines, oprhans                  excepted 020   for recording inventories and             conveyances 030   ffor a scire facias in anie courte 010

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And if anie thing elce be done by them then what is here expressed, The courts to adjudge the ffee, And it is further enacted, That the sherriffs or collectors in case collectors be emploied are hereby required and authorized to gather in, collect and receive the clarkes ffees, and in case of non payment to distraine, the clerke alloweing to the sherriffe for his salarie ten pounds per cent.	Courts to allow for extra services. Sheriffs to collect their fees. Power of distress. Commission.
The Sherriffes ffees.
BEE it alsoe enacted, That the sherriffes fees shall be as followeth:	Sheriffs, their fees.
Imprimis  for an arrest 10   ffor bond 5   ffor goeing for prison 10   ffor whipping 20   ffor pillory 20   ffor serving a subœna 10   ffor serving an execution, if vnder                  one hundred pounds of tobacco 10   If above a hundred to V. C.* 20   If above V. C. to 1000 40   If vnto 2000 60   If above 2000, tenn pounds per thousand.   ffor sumoning and empannelling a jury for everie cause twelve pounds, and for person sumoned five pounds, Attachments as for arrests, and if further trouble to be allowed by the courte.
ACT LXVIII.
Concerning Persons remooveing into the Baie.
WHEREAS divers of the inhabitants of this coloney have deserted their plantations and receded into the bay of Chisapeake and removed themselves vnto other places remote from their former habitations they being much engaged to the inhabitants from whence they receded to that great damage and trouble of the creditors, And whereas divers people vppon their removeall do transporte and drive away cattell to the great prejudice and damage to their neighbours and the loss	Preamble.
* i.e., "V" five and "C: centum, or a hundred.

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of the remainants cattell, It is therefore thought fitt, for redresse of such abuses as shall or may happen, and enacted by this present Grand Assembly, That noe person or persons shall goe to seate in Chissapeake bay or any other remote plantations without notice given of his or their departure to such place or places at the countie courte; and if anie merchants, mariners or any other persons whatsoever shall transport any other person or persons without certificate as is before expressed, The person or persons soe offending shall satisfie all the debts and engagements of the person or persons so transported, And be it further enacted by the authority aforesaid, That after the publication of this act any person or persons either before or after lawfull certificate of his or their departure shall remove or transporte any cattell into the bay or any other remote plantation whatsoever without notice given to fower of the inhabitants next adjoyning, who are hereby required to take speciall notice both of the eare marke and colour of the cattell to be removed and transported, then the person or persons offending shall forfeit vpon lawfull conviction for every beast soe removed or transported one thousand pounds of tobacco, one halfe to the publique, and the other halfe to him that shall complaine against the party soe offendinge.	No person to remove to Chesapeake bay or a remote plantation without notice at the county court. Certificate to be obtained.       Persons transporting them without certificate, liable for their debt. Penalty for removing cattle without notice.
ACT LXIX.
In what case a Sherriffe may returne a non est inventus.
IN case a sherriffe vpon a writt or action entered against anie man returne non est inventus and proclamation be made at the court, vpon the plaintiffs desire he shall have an attachment against the defendants estate, returnable at the next courte followinge, and then the succeeding courte a judgement in case of non-appearance to answer the said suite.	Upon a non est inventus returned, an attachment may issue & then a judgement at the next succeeding court.
ACT LXX.
Countie Courts to heare Maritime Causes.
THE countie courts shall heare maritime causes, & the sherriffes shall have power to arrest on board	Jurisdiction of county

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shipps by warrant from the Governour or any one of the councill, or vnder the hand of any two comissioners, whereof one to be of the quorum, vntill it be otherwise settled.	courts, in maritime causes. Arrests, how to be authorized & made.
Oath for Sherriffes and Constables.
THE oath alreadie drawne vp for sherriffs and constables to be vsed in the severall county courts respectively with alteration of what relates to king-shipps and to be                   in the name of the present government.	Oath of sheriffs & constables altered to suit the existing government.
ACT LXXII.
Confirmation of Indians' Land.
WHEREAS many complaints have bin brought to this Assembly touchinge wrong done to the Indians, in takeing away their land and forceing them into such narrow streights and places that they cannot subsist either by planting or hunting, and for that it may be feared they may be justly driven to despaire & to attempt some desperate course for themselves, which inconveniencies though they have bin endeavored to be remedied by former acts of Assembly made to the same purpose, Yet notwithstanding manie English doe still intrench vpon the said Indian's land, which this Assembly conceiveing to be contrary to justice, and the true intent of the English plantation in this country, whereby the indians might by all just and faire waies be reduced to civillity and the true worship of God, have therefore thought fitt to ordeine and enact, and bee it hereby ordained and enacted, That all the Indians of this collonie shall and may hold and keep those seates of land which they now have, and that no person or persons whatsoever be suffered to intrench or plant vpon such places as the said Indians claime or desire vntill full leave from the Governour and Councill or com'rs., for the place; Yet this act not to be extended to prejudice those English which are now seated with the Indians' former consent vnles vppon further	Preamble. Indians to hold the land they now possess, and no person to settle on that claimed by them without leave from the gov. and council or commissioners of the place.

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examination before the Grand Assemblie cause shall be found for so doeing, And the said com'rs. shall be accomptable before the Governour and Councill and the Grand Assembly if any wrong or injurie be done to the Indians contrary to the intent of this act, And be it further enacted, That the Indians as either now or hereafter shall want seates to live on, or shall desire to remove to any places void or vntaken vpp they shall be assisted therein, or order granted them, for confirmation thereof, And no Indians to sell their lands but at quarter courtes. And that those English which are lately gone to seate neare the Pamunkies and the Chichominyes on the north side of Pamunkie river shall be recalled and such English to choose other seates else where, and that the Indians as by a former act was granted them, shall have free liberty of hunting in the woods without the English fenced plantations. these places excepted between Yorke river and James river and between the Black water and the Manakin towne and James river, and noe pattent shall be adjudged valid which hath lately passed or shall pass contrary to the sense of this act, Nor none to be of force which shall intrench vppon the Indians' lands to their discontent without expresse order for the same.	Proviso. Responsibilty of commissioners. Indians to be assisted in removing to vacant lands.       Not to sell their lands except at q'r. courts. Settlers near the Pamunkies & Chickahominies recalled. Permission to Indians to hunt. Exception. Patents contrary to this act, void; and none to be valid which incroaches on Ind's' lands.
ACT LXXIII.
Deserted Lands to be taken vpp by Order of Court.
BEE it enacted by this present Grand Assembly that noe pattent of land shall hereafter pass vppon the pretence that the land is deserted for want of planting within the time of three yeeres vnles an order be first graduated by the Governour and Councill for that second pattent, whereby the land is adjudged soe to bee deserted: but this act shall not extend to forfeit the rights of the first pattent adjudged deserted, but that the owner of those rights may take vp the like quantity in any other place or places though not the same, neither shall the first petitioner for any land deserted be denied to have the first grant, and this act shall not be construed to extend to any land formerly deserted and allreadie granted and seated by another.	Lapsed land not to be entered without an order from the gov. and council. First patentee may take up the like quantity elsewhere. Not to prejudice vested rights.

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ACT LXXIV. Concerning the Dutch Trade.       BEE it enacted by this present Grand Assembly that all tobacco raised by sale of goods brought into this coontrey by Dutchmen the owners thereof shall be liable to pay the custom of tenne shillings per hogshead for what is shipt in any Dutch vessell or in any other vessell whatsoever bound for any part of America or else where, excepting such English vessells as are directly bound for England, and any person or persons whatsoever are to make oath, if it be required, what goods are brought in and what quantity of tobacco they shall shipp from time to time in any vessel whatsoever, And the comissioners of the severall countie courts respectively are to take good care to prevent deceit herein, And that those Dutch repaire to the governour, or who he shall appointe to give a just accompt thereof vpon the pennaltie of double the quantitie soe shipped if any deceit be found of what shall be justly due to this act, And this act is further explained that for the custom of tenne shillings per hogshead be as well vnderstood of all forreigners as of the Duch nation, and conferred on the Governour.	Duty of ten shillings a hhd. for tobacco raised by sale of Dutch goods &c. shipped in Dutch vessels or others bound to any part of America. Exception as to English vessels bound directly to England. Oath to be taken. Duty of commissioners of county. How the entry to be made. Penalty for fraud. Act to extend to all foreigners, & the duties conferred on governor.
LXXV.
Comissoners to Ordaine Parishes.
BEE it enacted by this Grand Assembly, That it shall be lawfull for the comissioners of the severall counties not yet laid out into parishes, with the consent of the inhabitants thereof to devide their counties into parishes as by the major part of the said counties shall be agreed.	Co'ty court may lay off parishes.
ACT LXXVI.
Encouragement for Staple Comodities.
FOR the better encouragement of the inhabitants for the makeing of staple comodities in this colonie, Bee it enacted by this present Grand Assembly that what person or person soever shall at any time hereafter	Premiums for silk, flax, hops or other staple commodities, except tobacco

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make in this collonie so much silke, flax, hopps or any other staple comoditie (except tobacco) as is worth two hundred pounds sterling, or English wheate to the value of five hundred pounds sterling in one yeare and exporte the same or cause the same to be exported, or shall first make two tunne of wine raized out of a vineyard made in this collonie shall have given him by this countrey for an encouragement ten thousand pounds of Virginia tobacco.	Wine.
Wheate valued at five shilling per bushell.             Silke at twenty shillings per pound.             fflax at six pence per pound.             Hopps at twenty shillings per hundred.	Rates of articles.
What other staple comodities shall be raised to be valued by the Assembly.	Others to be valued by assembly.
ACT LXXVII.
Against False Stilliards.
[This act is taken verbatim from act II of November, 1654, ante pa. 391.]
ACT LXXVIII.
Against Imploying Indians with Gunns.
[This is a mere transcript of act III of November 1654, ante pa 391.]
ACT LXXIX.
Northampton Commissioners to take acknowledgment of Indians' Lands.
[This is a literal transcript of act IV of Nov. 1654, ante pa 391.]
ACT LXXX.
How Masters of Shipps to carrie themselves here.
[This is a transcript of act V of November, 1654, ante pa. 392, with the omission of the words "at their perill," at the end of the act.]

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ACT LXXXI.
Concerning the Election of Sherriffes.
[This is a literal transcript of act VI of November, 1654, ante pg. 395.] {Actually this is on page 392.}
ACT LXXXII.
For avoiding Charge and Troubles to Creditors in Seeking their debts.
[This act is taken verbatim from act I, of March, 1654-5, (ante pa. 409,) except that in the 5th line, the word "several" is used in this act before the word "person," where "any" is used in that act.]
ACT LXXXIII.
For preservation of the Peace with the Indians by Entertaining Indians without Leave.
[This act consists of the 2d section only of act II of March, 1654-5,ante pa. 410.]
ACT LXXXIV.
Concerning Ordinaries and Ferries.
[This is an exact copy of act V of March, 1654-5, (ante pa. 411,), except that in this act the words "their" is introduced before the word "ordinaries," which is not in the other.]
ACT LXXXV.
Irish Servants without Indentures.
[This act is substantially the same as act VI of March, 1654-5, ante pa. 411,) except that at the end of the act these words are added, "and all aliens to be included in this act."

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Articles at the Surrender of the Countrie.
[These were published ante pa. 363 & 365; that arrangement being most agreeable to chronological order.]
ACT LXXXVI.
An Act of Indempnitie made att the Surrender of the Countrey.
[This act is published, ante pa. 367.]
ACT LXXXVII.
The fforme of Pattents.*
That all patents be drawne vpp in a fitt forme relateing to the present government, And that till a seale may be procured the Governour and Secretarie for the time being signeing the said pattents, they shall be accompted vallid and authentique in all courtes of justice as any patents formerly granted vnder the colloney seale, And the like for all things that hath vsually passed vnder the seale.	Patents to be adapted to the present government; and signed by the gov. and sec'y. till a seal be provided.
ACT LXXXVIII.
Against Fraudulent Deeds.†
BEE it enacted and confirmed, That no personn or persons whatsoever shall pass over by conveyance or otherwise any parte of his estate, whether lands or goods	No estate in lands, goods or chattels to
* This act was probably one of the articles of the provisional government, adopted in April, 1652, (ante pa. 371, 372.) It appears from an examination of the books in the Register's office, which formerly were in the office of the secretary, that many patents issued under the commonwealth's governors, long before the date of this act.
† Altered from act IV of December, 1656, ante page 417. −−− See also act XII of March, 1642-3, (ante page 248,) for registering mortgages.

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or chattells, whereby his creditors not haveing notice thereof might be defrauded of their just debt, vnles such conveyance or other deeds be ffirst acknowledged before the Governour and Councill or at the monethly courtes & be registred in a booke for that purpose, within six monthes after such alienation, And whosoever shall make over or alienate any part of his estate otherwise then is before expressed, the same shall not bee accompted nor allowed valid in lawe, And the said conveyance with acknowledgment made not to be held valid in lawe vntill fowr monthes after the said acknowledgment, in which time the creditor may have notice to make his objection against the same, if hee shall have cause therefore, or anie other personn who may have made to him a former conveyance of the said estate.	pass unless the conveyance to be acknowledged in court, and registered within six months. Alienations otherwise made, not valid;       Nor shall such conveyance, with acknowledgment, be valid, till 4 months after the acknowledgment.
ACT LXXXIX.
Sealed Barrells.*
BEE it hereby enacted and confirmed, That the comissioners of everie monethly courte respectively shall seale all barrells brought vnto them, when they are therevnto required with the marke VC. which barrells are to containe ffive bushells Whinchester measure that is to say fourty gallons. And all barrells soe sealed to be allowed and noe other, vnder the pennaltie of forfeiture of fortie pounds of tobacco for everie time such an vnsealed barrell is vsed. And likewise for bushells the aforesaid pennaltie, all persons whatsoever being herevnto required to take notice of this act, and accordingly to provide.	Comm'rs. of monthly courts to seal barrels.       Seal. Contents. Penalty for using unsealed barrels. Bushels.
ACT XC.
English Weights and Measures.
[This act is the same as act XII of October, 1646, ante pa. 331.]
* See act XXXVI of Feb. 1631-2 (ante page 170) −−− Act XXXII of Sept. 1632, (ante page 195) −−− Act L of march, 1642-2, ante page 268.

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ACT XCI.
Juries on Petition to be graunted.*
BEE it alsoe enacted, That if either plaintiff or defendant shall desire the verdict of a jurie for the determination of any suite depending in any of the courtes of this collonie, hee or they shall signifie therein their desire by petition vnder his or their hands vnto the said courtes, before the same cause had any hearing vpon the day of tryall: if it be the desire of the plaintiff, and their petitions to be filed in the secretaries office, or with the clerke of the monethly courte, And if the defendant shall desire it, hee or they shall signifie the same, vppon the enterie of his appearance in the office which shall be inserted in a booke to be kept in the office for that purpose; Allwaies provided that the cause depending be proper for a jurie: And bee it further enacted, that †all such, either plaintiff or defendant, who shall desire jurors to decide their causes shall pay and allow vnto the said jurors seaventy two pounds of tobacco per cause, And that duringe the time they shall be debateing the cause of such plaintiffe or defendant after the charge delivered them by the board, neither plt. nor defndt. shall have priviledge to be admitted to them: or entertained in anie discourse concerning the cause in triall.	Trial by jury secured to parties who desire it.       How plt.& defend't to proceed. Proviso. Compensation to jurors.       Their demeanor.
What Money Debts are Pleadable.‡
BEE it henceforth enacted, That all money debts made in the collonie shall be pleadable, except onely such as are made in the time of a former prohibition	All money debts recoverable.
* Compounded of act LVII of March, 1642-3, ante page 273 −−− Act X of November, 1645, ante page 303; and act X of March, 1645-6, ante page 313.
† From this marke † to the end, taken from act X of March 1645-6, ante pa. 313.
‡ From act III of December, 1656, (ante page 417,) with slight variations in the phraseology

475

of money debts being not pleadable, vizt. from the 26th of March, 1643, to the 10th of 8br. 1649, And alsoe all money debts which are or shall be made in England for goods imported to this collonie, But no other shall be pleadable in this collonie.	except those contracted between 1643 & 1649, during a former prohibition
ACT XCIII.
The election of Burgesses.*
BEE it enacted by this present Grand Assembly, That all Burgesses shall be summoned and elected in manner hereafter expressed, (that is to say,) That the severall and respective sherriffes shall within tenne daies after the receipte of such writtes as they shall receive to that purpose cause the same to be published & by giveing notice of the same from house to house by the sherriffe or his deputie to all persons interrested in elections, which hee is to do ex officio and then and there alsoe to publish and declare the certaine daie of the weeke and moneth for chooseing Burgesses to serve in the Assembly, for all accustomed places in the severall counties, and parishes respectively, That at the day and place of election the sherriffe shall take view of the said election, and before the sitting of the Assemblye to make return to the secretaries office at James Cittie of the persons then and there elected by subscription of the major parte of the hands of the ellectors, And that the sherriff who shall wittinglie or shall incurr the pennaltie of ten thousand pounds of tobacco: That the persons who shall bee elected to serve in Assembly shall be such and no other then such as are persons of knowne integrity, of good conversation and of the age of one and twenty yeares, And all persons inhabitting in this collonie that are freemen to have their votes in the election of Burgesses, Provided they do not in tumultous manner, but fairly give their votes by subscriptions as aforesaid.	Election of Burgesses −−− how the time & place of, to be notified by the sheriffs.       When and where held. Sheriff to attend. When and how to make return. Penalty for neglect. Qualifications of persons to be elected. Right of suffrage to be exercise dby all free men residing in the colony. How to give their votes.
* This act is composed of act VII of March, 1654-5, (ante page 411,) as amended by act XVI of March 1655-6, ante page 403. −−− So much of the former act as restricted the right of suffrage to "house keepers, whether free-holders, lease-holders or otherwise tenants" and to one person in a family, being omitted in this act, and the provisions of the latter act which restores the ancient usage of all freemen voting, being retained.

476

ACT XCIV.
Concerning Indians.
[This act is copied from act I of March 10th, 1655-6 (ante pa. 393) with the transposition of a few words only, which do not vary the sense; and except that this act stops at the words "alienable by them," in the 3d line of the 3d section, pa. 396.]
ACT XCV.
Northampton County to make Lawes.
[This act is taken verbatim from act II of March, 1655-6, ante pa. 396.]
ACT XCVI.
Encouragement for Markett Places.*
BEE it enacted, that if any countie or particular person shall settle any place whether the merchants shall willing come for the sale or bringing of goods such men shall bee lookt vppon as benefactors to the publique.	Merchants to be encouraged.
ACT XCVII.
Criminall Causes, where to be tried.
[This act contains the enacting part, only, of act V of March, 1655-6, (ante pa. 397,) omitting the preamble.]
* This act consists of the proviso, only, of act III of March, 1655-6, (ante page 397,) which act repealed one of the preceding session, for regulating trade and establishing ports, and places for markets. See act VIII of March, 1654-5, ante page 412.

477

ACT XCVIII.
Places of Trialls and Appeales.*
WHEREAS many appeales brought are meerly delatorie and for poor and inconsiderable causes whereby men are defrauded of the justice they sue for, the court tacitly taxt from whence they appeale and greate charge accrueing the suite, Therefore bee it enacted by this Grand Assembly that all suites and causes between partie and partie of what valewe soever, not concerning life or member be tried by the countie courte and not by the quarter courte, vnles they exceed sixteen hundred pounds of tobacco and caske or sixteen pounds sterling, vppon paine of ffive hundred pounds of tobacco to be paid to the partie grieved, and that noe appeales from the countie courtes to the quarter courtes nor from the quarter courtes to Assemblies vnder the same value, and damages vppon appeales, to be awarded by the judges of appeales and the appellants forthwith to putt in securitie to pay what damages shall be awarded against them: Provided the former act authorizing to what valew comissioners are to try, be and remaine in full force and vertue, any thing contained to the contrarie notwithstanding. Vnto this act is added by the authoritie aforesaid that noe person whatsoever, shall be arrested vnto the quarter courte at James Cittie by writt from the office, except the debt amount vnto sixteen hundred pounds of tobacco vpon the pennaltie of ffive hundred pounds of tobacco fine, excepting such men that remoove themselves from the county where they made their debt vnto some remote countey.	Jurisdiction of county courts final for all sums under 1600 lbs. of tob. or £ 16 sterl. Penalty for sueing otherwise. Appeals over those sums allowed to q'r. courts & assembly. Damages. Security. Not to affect jurisdiction of single magistrate. No arrest upon process from quarter courts for less than 1600 lb. tob. under penalty, unless the debtor hath removed to distant county.
ACT XCIX.
Concerning Fines.
[This is a literal transcript of act VII of March, 1655-6, ante pa. 399.]
* From act VI of March, 1655-6, (ante page 398.) with amendments.

478

ACT C.
Seconds and Slipps prohibited.*
WHEREAS it hath bin taken into serious consideration and debate for the bettering of our indeed onely commoditie of tobaccoe for the benefitt, both of the planter and merchant, both equally complaineing of its lowe and contemptible rate and noe expedient found but lessening the quantity and mending the qualitie, Wee, this present Grand Assembly, finding all other stints inconsistent with the good of this collonie, Marie-Land remaining a distinct government, do hereby enact that what person or persons soever after publication hereof shall suffer or cause to be tended any tobacco called seconds or slipps, shall for soe doeing forfeit ten thousand pounds of tobacco, one halfe to the informer and the other halfe to the militia, to be disposed of for ammunition for the countie where the offence shall be comitted.	Seconds and slips of tobacco not to be tended. Penalty. How appropriated.
ACT CI.
Ministers and Parishes Settled.†
WHEREAS there are manie places destitute of ministers and like so to continue, the people content without paying the accustomed dues, which should procure those that should teach and instruct them, soe that by this improvident saveing, they loose the greatest benefitt a Christian can have by hearing the word and the vse of the blessed sacraments, Therefore bee it enacted by this Grand Assembly that all counties not yet layd out into parishes shall be devided into parishes the next county court after publication hereof, and that all tithable persons in everie parish respectively in the vacancy of their ministers pay ffifteen pounds of tobacco per pole yeerly, and that tobacco be putt in	Preamble. All the counties to be divided into parishes. Parish levy, annually.
* This act agrees substantially with act VIII of march 1655-6 (ante page 399,) except that the penalty is increased in this act, and the last clause of that is omitted.
† From act IX of March, 1655-6, ante page 399, with amendments.

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the hands of the churchwardens of the severall parishes, who are to give securitie to the vestrey for the disposeing of it, In the ffirst place for the building of a parish church, and afterwards the surplusage (if anie bee) go to the purchasing of a gleabe and stock for the next minister that shall be settled there.	How and by whom appropriated.
ACT CII.
Concerning Administrations and Administrators.*
WHEREAS comissions of administrations are suddenly obtained and the estates as suddenly disposed of vnder pretence of greatest creditor or next of kinne whereby often times they that are really so, the one is defrauded of his just debt, and the other debared of his right and interest, the estate being imbezilled before either can have notice of his right or interest, Therefore bee it enacted by this present Grand Assembly that no administration be confirmed until the third courte be past except to the widdowe or child, And then suddenly to be granted vppon her request or the next of kinne, And for takeing care of the decedents estate vntill the time above limitted, be referred to the comissoners of the countie where the decedent died, That the estate in case of widow or kinne to be praised as formerly by men vpon oath appointed by the court and the administrator to pay the vallue of the appraisement and noe further; but in case of no kinne, then the estate to be sold at an outcry, where there is not sufficient assetts, if the creditors shall require it; That all debts that are brought in and presented may be paied according to prioritie in lawe; that none have their quietus est vnder a year and a day after confirmation of the administration, If anie administrator be of no kinne and have assetts, that all the estate left after debts paid, bee imployed in the countey where he lived for setting vp of Manufactors, and other publique vses, The administrator being paid for his reasonable charge and paines.	Preamble. No administrations to be confirmed till after the 3d court, except to the widow or next of kin.       Estate, in meantime, how preserved.       To be appraised and adm'r. liable for value. When to be sold auction. Order of paying debts.       Quietus, when grantable.       Surplus, where no kin, how applied. Comms'ons.
† Taken from act X of March 1655-6, ante page 400, with some variations both in the phraseology and substance of the act.

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