Pages 480-505 
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| Pages 480-505
| Pages 526-552
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| ATT A GRAND ASSEMBLY HELD AT JAMES CITTY, MARCH THE 1ST. 1658-9.* | |||
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| The MS. from which the acts of this session were printed, is now in the
library of Congress, at Washington.
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| THE Burgesses of the several counties being returned by the Sherriffes and this day makeing their appearance in the House, there was by the vnanimous vote of all then present (being thirty in number) choson, Coll. Edward Hill, Speaker, and being | |||
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| * This is dated simply 1658, in the MS; but from many obvious circumstances, it is here placed as 1658-9. These are, the different speakers at this session and the last; the change in the members, and the subject matter of the laws and resolutions passed. |
| by them presented to the Governour from him received approbation.† | |||||||||||||||||||||||||||||||||||||||
| The names of the Burgesses for the respective Counties this Assembly. | |||||||||||||||||||||||||||||||||||||||
| Coll. Edward Hill, Speaker. | |||||||||||||||||||||||||||||||||||||||
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| † To give some idea of the parliamentary forms observed at this period, most of the proceedings of this session, which are much more regular than those of any preceding one, will be inserted. |
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| WHEREAS Coll. Moore ffantleroy not being present in the House at the
election of the Speaker moved against him as if clandestinely elected and taxed the House of
vnwarrantable proceedings therein, It is ordered, That the said Coll. ffantleroy be
suspended vntil to-morrow morning, when vppon his submission he may be readmitted. The House adjourned vntill Tuesday morning. |
Moore Fantleroy, a member suspended for contempt to the house. | ||||||||
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| MARCH the 8th, 1658-9. | |||||||||
| THE House being mett, Coll. Fantleroy acknowledging his error, was re-admitted and the order for suspension reversed. | Fantleroy admitted. | ||||||||
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| ORDERS IN THE HOUSE.* | |||||||||
| 1. That no Burgesse shall absent himselfe from attendance on the House without leave first obteined (vnlesse prevented by sicknesse) when any matter shall be debated of; But that every member shall keepe good order, and give due attention to the reading or debateing of whatsoever shall be proposed or presented to the consideration of the House: And that every Burgesse shall, with due respect, addresse himselfe to Mr. Speaker in a decent manner, And not entertaine | Absence. Order. Address to the speaker. | ||||||||
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| * These rules were the first which appear to have been adopted and agree almost verbatim with the first five adopted at the session of 1664. See Burk's Hist. Virg. vol. 2, pa. 138. note. |
| any private discourse, while the publique affairs are treated off. | |
| 2. That any member of this house for everie time of is absence vpon call of the clerke shall forfeit twenty pounds of tobacco to be disposed of by the major part of the house vpon every Saturday in the afternoon, lawfull impediments excepted. | Penalty for absence. |
| 3. That the first time any member of this house shall by the major part of the house adjudged to be disguised with overmuch drinke he shall forfeit one hundred pounds of tobacco, and for the second time he shall be soe disguised, he shall forfeit 300 of tob'o. and for the 3d offence 1000 lb. tobacco. | Intoxication, penalties for. |
| 4. That vpon debate of any thing proposed by the Speaker, The party that speaketh shall rise from his seate and be vncovered* dureing the time he speaketh, wherein no interruption shall be made vntill he have finished his discourse, vpon the penalty of one hundred pounds of tob'o. | Member speaking to rise from his seat, and be uncovered; and not interrupted. |
| 5. That no irreverent or indigne forme of speech be vttered in the House by any person against another member of this House, vpon the penalty of ffive hundred pounds of tobacco, The House to be judge therein and the severall ffines to be disposed of by the House as abovesaid. | No personality to a member, permitted. |
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| COLL. John Sidney was ordered by the House to go to the Governour and request the appointment of some of the Council to administer the oath to the Burgesses, wherevpon were sent Coll. William Claiborne, Coll. William Bernard and Coll. Thomas Dewe, who administred the oath to the Burgesses in forme following. | Message to the gov. requesting the attendance of some members of the council to qualify the burgesses. |
| The Oath. | |
| You and every of you shall swear vpon the holy Evangelist and in the sight of God to deliver your opinions | Oath of a member of |
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| * It would seem, from this rule, that the members sat in the house with their hats on, according to the practice now pursued in the House of Representatives of the Congress of the United States. −−− In the legislature of Virginia, at this day, all the members of each branch sit uncovered. |
| faithfully, justly and honestly according to your best vnderstanding and conscience for the generall good and prosperity of this country and every perticular member thereof, And to do your vtmost endeavour to prosecute that without mingling with it any perticular interest of any person or persons what soever, So helpe you God and the contents of this booke. | the house of burgesses. |
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| Post Merediem. | |
| COLL. Collclough and Giles Webb were sent by the House to acquaint the Governour's honour that the house attended his pleasure; Who comeing in caused a letter directed to him and the councill to be read. | Message to the gov. that the house were ready to receive him. |
| The Letter | |
| Duplicate. Gentlemen, His late Highness the Lord Protector, from that gennerall respect which he had to the good and safety of all the people of his dominion, Whether in these nations or in the English plantations abroad did extend his care to his collony in Virginia, The present condition and affaires whereof appearing vnder some vnsettledness through the loosness of the government, The supplying of that defect hath been taken into serious consideration and some resolutions past in order therevnto which we suppose would have been brought into act by this time if the Lord had continued life and health to his said Highness; but it hath pleased the Lord on ffriday the third of this moneth to take him out of the world, his said highnesse haveing in his life time according to the humble petition and advise appointed and declared the most noble and illustrious Lord, the Lord Richard, eldest sonne to his late Highnesse to be his successor, who hath been accordingly with gennerall consent and applause of all proclaimed protector of this Common-wealth of England, Scotland and Ireland, and the dominions and territories therevnto belonging, And therefore wee have thought fitt to signifie the same vnto you, whom wee require according to your duty that you cause his said highnesse Richard, Lord Protector, forthwith to be proclaimed in all parts |
Gov. attending, communicated a letter from the president of the
council of the late protector. Protector's solicitude for the colony. Resolutions relating thereto frustrated by his death. Time of Cromwell's death. His son Richard nominated his successor,& proclaimed accordingly in England, Scotland and Ireland; & a request that he might be proclaimed in Virginia. |
| of your collony, And his Highnesse Councill have thought fitt thereby to assure you that
the settlement of that collony is not neglected and to lett you know that you may expect shortly
to receive a more expresse testimony of his Highness care in that behalfe; till the further
perfecting whereof, their Lordships do will and require you the present Governour and Councill
there to apply yourselves with all seriousness, faithfullnesse and circumspection to the peaceable
and orderly management of the affaires of that collony according to such good lawes and customes
(not repugnant to the lawes of England) as have been heretofore vsed and exercised among you
improveing your best endeavors, as for maintaining the civil peace, so for promoteing the interest
of religion, wherein you will receive from hence all just countenance and encouragement, And if
any person shall presume by any vndue wayes to interrupt the quiet or hazard the safety of his
Highnesse people there, Order will be taken (vpon the representation of such proceedings) to make
further provision for secureing of your peace in such a way as shall be found met and necessary,
and for calling those to a strict acco't. who shall endeavour to disturbe it. Signed in the name of the order of the Councill, |
Assurances of the council as to the permanent government of the
colony. Exhortation to pursue their former course; to preserve peace & promote religion. Further assurances. |
| HE: LAWRENCE, Presid't.* | |
| Whitehall, 7th September, 1658. Superscription. To the Governour and Councill of his Highnesse Collony of Virginia. | |
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| * In the Harleian Miscellany (page 418,
of the last quarto edition) the characters of several persons are ludicrously drawn, who, it was
said, meditated the formation of a House of Lords, during the protectorship of Cromwell, and who
themselves were to be members. Among other, Henry Lawrence, who occupies the third place, is thus
depicted: "Henry Lawrence, a gentleman of courtly breed & a good trencher-man; who, when the bishops ruffled in their pride and tyranny, went over to Holland, afterwards came back and became a member of the long parliament; fell off at the beheading of the late king, and change of the government, for which the protector, then lieutenant general, with great zeal declared, "That a neutral spirit, and that such [This note concludes on the next page.] |
| THE letter being read was proposed whether the House should have time
to debate on their acceptance and approbation of that letter. Resolved they should have time to consider of it. |
Proceedings of the house thereupon. |
| In referrence to which the Governor and Councill departed and then
was proposed, whether the letter in that part that requires obedience to his Highnesse Richard,
Lord Protector, should be assented to. Resolved generally and vnanimously in the affirmative. 2. Whether the letter sent be accepted as an authentique manifestation of their Lordships' intentions for the government of this countrey. |
Rich. Cromwell acknowledged. |
| Voted −−− That wee owne the power and the whole contents thereof, After which the House adjourned vntill Wednesday morning. | His power recognized. |
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| MARCH the 9th, 1658. | |
| THE House being mett, The Speaker declared the intentions of the
Governor and Councill in tender care of the good of this country to assist his Highnesse for
confirmation of the priviledge granted to the country in electing
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Gov. sent for and his assistance requested in obtaining a confirmation of the privileges of the house. |
| [This note began on the previous page, and concludes
here.] "men as he were not fit to be used in such a day as that, when God was cutting down kingship root and branch;" yet came in play again, upon design, in the little parliament, and contributed much to the dissolving of them, as also setting up the protector, and settling the instrument of government, and a single person, affirming, "That other foundation could no man lay." For which worthy services, and as a snare or bait to win over, or at least quiet the baptised people, himself being under that ordinance, he was made and continued President of the Protector's Council, where he hath signed many an arbitrary and illegal warrant for the carrying of honest, faithful men to prisons and to exile without cause, unless their not apostatising with them from just and honest principles. His merits are great and many, being every way thorough-paced, and a great adorer of kingship; so as he deserveth, no doubt, and is every way fit to be taken out of the parliament, to have the third place of power, and negative voice in the other house over the people of these lands." See also Scobell's acts part 2, pa. 335, where Henry Lawrence is called "Lord President of his Highness Council." |
| their own officers, in which the House desired to be satisfied from the Governour's owne expressions. In referrence to which, Mr. Bacon, Mr. Horsmenden, L't. Coll. Carter and Capt. Fowke were sent to desire his honor to come to the House and affirme it which accordingly he did as followeth, vizt. He acknowledged the supream power of electing officers to be by the present lawes resident in the Grand Assembly, And that he would joyne his best assistance with the countrey in makeing an addresse to his Highnesse for confirmation of their present priviledges, And that for this reason, That what was their priviledge now might be his or their posterities hereafter. | He acknowledges the supreme power of the assembly, & promises his assistance in procuring a confirmation. |
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| THE committee appointed to draw vp the addresses of the country to his Highness, to whom were added of the Councill, Coll. Wm. Claiborne, Coll. John Walker, Coll. John Carter, Capt. Francis Willis, Mr. Nathaniel Bacon, Mr. Warham Horsmenden. | Committee to draw up an address to Richard Cromwell. |
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| The Committee for Private Causes. | |
| LE'T Coll. Edward Carter, Coll. John Sidney, Coll. Moore Fantleroy, Mr. Henry Corbin, Captain George Jordan, Major Lemuel Mason. | Committee for private causes. |
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| The Committee for review and regulation of the Acts, and to make Report of the inconveniencies or requisite alterations. | |
| LE'T. Coll John Stringer, Col. Robert Pitte, Capt. William Whittacre, Major Joseph Croshaw, Mr. George Collclough, Mr. William Blacke. | Committee of revisal. |
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| WILLIAM Parry tendring a petition to the House for a reliefe to be allowed by the publique in regard of his losses by fire, age and impotency had his said petition ejected. | Wm. Parry's petition for relief rejected. |
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| COMPLAINT being made to the Assembly by Le't. Coll. Miles Cary and Mr. Henry Corben two of | Certain captains of vessels |
| the collectors of the imposition of two shillings per hhd. That Thomas James, master of the Ant'o. of LONDON, David Welldy, master of the shipp belonging to SOUTHAMPTON, Mr. Henry Haines, master of the Rob't. Capt. Peter Wraxall, commander of the Good Will, Mr. Richard Sellacke, master of the Recovery all of BRISTOLL, Mr. Nicholas Smith, comander of the Dolphin of AMSTERDAM,* Mr. Samuell Groom, commander of the Dove, And Capt. Richard Husbands, comander of the Recovery of LONDON refused to give caution for payment of the said Levy according to the tenor of the act in that case provided; It is ordered that Warrants issue forth vnder the hands of the Governour and | having refused to pay the duty of two shillings a hhd. of tobacco, ordered to be taken into custody. |
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| * It is a melancholy fact, that every important public transaction in Virginia, from the commencement of the commonwealth of England to the restoration of Charles the second, has been either totally misunderstood or wilfully misrepresented by all the English historians. Even Beverley, who was nearer the scene of action, and from whom more accuracy might have been expected, is not exempted from the general charge. Mr. Burke, the first historian of Virginia who seems to have been disposed to give a correct detail of the events of that period, has been compelled, in many instances, from the want of materials, to substitute a rational conjecture for positive facts, founded on authentic documents. −−− He states that neither the ordinance of 1650, nor the act of 1651, for imposing restraints on the commerce of the colonies, took effect in Virginia (Hist. Vir. vol. 2. p. 120.) Robertson, on the other hand, speaks of those restrictions as in full operation, and assigns the existence of them, as one of the causes which confirmed the Virginians in principles of loyalty to the king, and rendered them impatient to shake off the government of Cromwell. (Robertson's Hist. Amer. vol. 4, page 230.) The truth is, that in no part of the public records of Virginia, during the existence of the commonwealth, is the authority of the above mentioned acts of parliament recognized. On the contrary, various acts of the general assembly prove, that the people of Virginia regulated their own commerce −−− (see particularly acts IX and XVI of 1659-60;) and the appearance of so many vessels in their ports, among which was one from Amsterdam, is quite inconsistent with the idea that they were under the influence of those regulations which "prohibited all mercantile intercourse between the colonies and foreign states," and which provided that no productions of Asia, Africa or America, should be imported into the dominions of the commonwealth, but in vessels belonging to English owners, or to the people of the colonies settled there, and navigated by an English commander, and by crews of which the greater part must be Englishmen." (See Robertson's Hist. Amer. vol. 4, pa. 229, 230.) The IXth act of 1659-60, is expressly founded on the principle, that the colonists, by the articles of surrender, were entitled to a free trade with all the world, and the assembly compel every captain of a vessel to give security in the penalty of £ 2000 sterling, that he will not molest any person trading here. under the protection of the laws of the colony. |
| Speaker ffor the imediate personall appearance of the persons abovesaid before them and
the Grand Assembly. The House adjourned vntill Thursday morning. |
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| MARCH the 10th, 1658. | |
| WHEREAS certaine persons of the county of Surry complained by petition, That one of their Burgesses was vnduely elected, and prayed, That Mr. Thomas Warren might be admitted to implead the sherriff for his return, which being granted and the said Mr. Warren averring, That there was no fault in the sherriffe, The election, returne and Burgesse were thereupon all approved. | Contested election from Surry. Election confirmed. |
| It is ordered, That Mr. Henry Haines stand comitted vntill he give
bond with security for payment of the levy of two shillings per hhd. The remaining part of this day and the eleaventh and twelveth being spent in severall propositions and messages past between the Governour and Councill. |
Haines committed for refusing to pay the duty of 2s. a hhd. |
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| MARCH the 13th, 1658. | |
| COLL. John Carter, Mr. Warham Horsmonden & Capt. Francis Willis, Capt. Warner, Le'tt. Coll. Carter were by the House sent to the Governor and Councill for their assent to the last proposition concerning the establishing the government. | Message to the gov'r. and council on the establishment of the government. |
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| The Governour and Councill's Answer to the Burgesses Proposition. | |
| To shew our desire and complyance for the peace of the collony, wee shall consent till the pleasure of his Highness be further signified. | Answer of the gov'r. and council. |
| Wherevpon the proposition was drawn vp into an act and signed by the Governour and Speaker and by beat of drum proclaimed.* | Law passed on the subject. |
| Whereas Solomon Martin hath scandalously objected against Coll. Wm. Bernard, a Councellor of State, that he could make his servants swear what he would, The House hath comited the said Martin to prison vntill Monday morning for his offence. | Martin committed for slandering a member of the council |
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| WHEREAS order for pattenting the land of the Wiccacomoco Indians in Northumberland county vpon the said Indians deserting the said land was granted to the honourable Samuel Mathewes, Esq. Governour, &c. the twenty-seaventh day of November, 1657, and confirmed by another order of the quarter court, dated the eleaventh of March, 1658, and that grounded vppon the desire of the said Indians to surrender the same to his honour, The Assembly hath thought fitt to ratifye the said grants, and do hereby confirme the same, Provided that no intrenchment be made vpon any preceding rights of Coll. Richard Lee. | The Wiccacomoco Indians having deserted their lands & ceded it to Sam'l Mathewes, the grant confirmed. |
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| MARCH the 15th, 1658. | |
| PROPOSED, Whether Coll. John Carter, Mr. Warham Horsmonden and Le'tt.
Coll. Anto. Elliott† should, by vertue of their last election continue
councellors or be referred to a further confirmation. Resolved that they should be referred to a new ellection. |
New election of certain councillors. |
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| TO the quere of the Governour and Councill referred to the consideration of the Assembly, March | The gov. and council ask the advice of |
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| * This was probably act I. of the present session, by which the governor and council are appointed, and the mode of election and tenure of their offices prescribed, till the pleasure of his highness shall be known. | |
| † These were the three last elected at the session of March, 1657-8. |
| the 11th, 1658, in causa Elizab: Perry vs. Thomas Davies, After long suite judgment given, execution served, A new suite is againe renewed by Davis in chancery, and the Davis* appealing to the Assembly whether his appeale must be allowed, hee neither charging the court with error, injustice or partiality. | the assembly as to the right of appeal in a certain case. | ||
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| VPON the petition of Coll. Henry Browne shewing, That he was impleaded by John Jennings, overseer of the estate of Robert Morsley, dec'd. to recover a debt without ground leaves which was made for tobacco then merchantable att the date of the bill, And Surry county court haveing granted an order for payment of the said debt in tobacco cleer of ground leaves, according to the tenor of the act of Assembly now in force, It is ordered, That the order of Surry county court be reversed; And that the said Jennings forthwith repay vnto the said Coll. Browne the overplus of the tobacco and caske received by vertue of the said order of Surry court with costs als. exec'on. | Judgment of Surry court reversed for giving a law an ex post facto operation. | ||
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| ATT A GRAND ASSEMBLY HELD AT JAMES CITTIE, MARCH 7, 1658-9. | |||
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| The MS. from which the acts of this session were printed, is now in the
library of Congress, at Washington.
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| ACT I. | |||
| IT is enacted and confirmed by the Governour, Council and Burgesses of this present Grand Assembly, That the honourable Coll. Samuell Mathewes, Esquire. | Samuel Mathewes elected gov. for two years. | ||
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| * "Daines" in the MS. but evidently a mistake. |
| Bee the Governour and Capt. Gennerall of the Virginia for two yeeres ensueing, and then the Grand Assembly to elect a Governour as they shall think fitt, the person elect being then one of the Councell, And it is further enacted, That the present Councell shall be the Councell of State, the Assembly reserveing to themselves a just exception against any one perticular Councellor; but for the future the Councellors to be fixt dureing life except in case of high misdemanors, And of this the Grand Assembly to be the onely judge, And it is moreover ordained by the authoritie aforesaid, That the Governour shall have priviledge to nominate the future councellors, and the Burgesses according to their discretion to elect, And this act to be of force vntil his Highness pleasure be further signified. | Provision for another election. Council of state. Tenure of their office in future. Members of council to be nominated by gov. & elected by burgesses. Limitation of act. |
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| ACT II. | |
| Concerning conveneing of Assemblies. | |
| WHEREAS by act of this present Assembly, It is provided, That the Assembly should, at the end of two yeeres elect a Governour, but no provision therein made for convention of an Assembly at that time to make the said election, It is proposed that the Governour shall issue forth his summons in January preceeding March, which shall be from hence two years, and in case the Governour at the time appointed shall omitt the sending forth such summons, then that by the tenth of ffebruary, the Secrettarie for the time being shall end forth writtes for election of Burgesses, and in case the secretary shall neglect, then the sherriffe, by his owne power to convene the people (by the 20th of ffebruary) to elect Burgesses for the next Assembly, which of course is to beginn the tenth of March everie two yeeres, reserving a power to the Governour to convene an Assembly sooner vpon the interveneing of any important occasion. | Assembly, how convened. Session the 10th of March every two years. Gov'r. may convene in case of emergency. |
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| ACT III. | |
| How to know a Runaway Servant. | |
| WHEREAS the act for runnaway servants appoints onely the punishment of the said servants and the | The hair of a runaway servant |
| pennaltie of entertaineing them, but provides no way for the discovery of them, It is enacted and ordained that the master of everie such runnaway shall cutt or cause to be cutt, the hair of all such runnawayes close above their ears, whereby they may be with more ease discovered and apprehended. | to be cut close above the ears. |
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| ACT IV. | |
| Indians to vse their owne Gunns. | |
| WHEREAS there is an act in force prohibiting the lending of gunns or ammunition to the Indians, by vertue of which many quarrells have arisen between English and Indians caringe their owne gunns, which might, vnless prevented, prove a disturbance of the peace now made between the two nations, It is enacted and ordained that it shall be lawfull for the Indians to make vse of their owne gunns and amunition without the lett or molestation of any person or persons whatsoever within theire owne limitts. | Indians permitted to use their owne guns and ammunition. |
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| ACT V. | |
| Concerning Surveighors. | |
| WHEREAS many contentious suites do arise about titles to land, occasioned much though [through] the fraudulent and vnderhand dealing of surveighors who frequently make sale of the surveighs by them made, in the behalfe of one person to another, whereby often times that he that had the first and justest right is vnjustly deprived of his due, ffor prevention whereof for the future, bee it enacted and ordained that noe surveighor of land shall give a plott of any land surveyed by him vnto any other person whatsoever, vntil six monthes after such plott is drawen according to its surveigh, & that all land surveyed shall be at the surveighing thereof plainely marked and bounded for all persons to take notice of that none may by ignorance of the bounds intrench vpon another's right, And the person offending either in giveing out of surveighs, contrarie to this act, or not sufficiently markeing his bounds to forfeit five hundred pounds of tobacco, for everie hundred | Preamble. No plat to be delivered in less than six months. Lands to be plainly marked & bounded. Penalty. |
| acres the surveigh shall be given of, to the vse of the county, That all owners of elder
pattents shall be obliged to show their bounds to those that shall require it haveing land bounded
vpon theirs, with all conveniency, at least within twelve monthes after demand, and in case of
neglect the younger being exactly bounded to be valid in lawe, the other presumed not to have been
lawfully surveighed, which will prevent quarrells amongst neighbours, all future differences
especially concerning orphants, And this act not to extend to orphants land or persons out of the
coloney, and all lands doe bounded to be kept and continued by new marking or setting vp of new
markes in the places of these false.
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Elder patentees compelled to shew their bounds to those wishing to
survey adjoining. Consequences of neglect. Exception as to orphans & non-residents. Bounds to be renewed. |
| ACT VI. | |
| None to exporte English Comodities out of this Countrey bought in the Collony. | |
| WHEREAS the necessities of this country are releived cheifly by the importation of English goods, and that releife much obstructed by many that bring in vnnecessary comodities and make sale thereof for tobaccoe, which they againe truck for substantiall goods, as clothing and the like and by that meanes leave the country destitute of her owne supplies, It is hereby enacted, That what person or persons soever shall, after the ffirst of june next, exporte out of the collony any English goods (not by him formerly imported) shall, vppon discovery of the same forfeite such goods or the value thereof, the one halfe to the informer and the other to the publique. | Preamble. Penalty for exporting English goods except by the person importing them. |
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| ACT VII. | |
| Concerning Appeales. | |
| WHEREAS the acte for appeales, hath limitted the value of appeales from countie courts to quarter courts, but noe limitation of appeale from quarter courts to Assemblies, whereby many litigious suites for inconsiderable valewes are brought into Assemblies to the hinderance of the publique affaires and advance of the publique charge, It is enacted and ordained, That noe appeale be made from the quarter court to the | Preamble. Right of appeal from qr. |
| Assembly vnder the valew of two thousand ffive hundred pounds of tobacco the originall debt besides costs and damages. | court to assembly limited. |
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| ACT VIII. | |
| Concerning Appeales from Northampton Countie. | |
| WHEREAS an act of Assembly had formerly provided, That in regard of the greate distance between Northampton countie and James Cittie, that noe appeale should lie from the said countie courte, to the quarter courte, vnder the value of three thousand two hundred pounds of tobacco or thirty pounds sterling, It is hereby enacted and confirmed, That for the reasons aforesaid no appeale be hereafter made, from thence nor admitted in the quarter courte vnles it exceed the valew aforesaid. | Preamble. Right of appeal from Nor'ampton county to qr. court limited. |
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| ACT IX. | |
| The Act for Mullberrie Trees repealed. | |
| WHEREAS the act for mullberrie trees seemes rather troublesome and burthensome then any waies advantageous to the country, It is hereby enacted, That the said act for planting mullberrie trees shall be repealed and made void. | Act 8 of Dec. 1656 rep'ld. |
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| ACT X. | |
| Concerning the Charges of a Parochiall Burgess. | |
| WHEREAS many disputes and controversies have arose about the defraying of the charge of the paroachiall Burgesses, by reason the vestrys of the said parishes have not been sufficiently qualified for laying the same vppon the people, It is hereby enacted and ordained, That the vestrie of any parish which shall elect any Burgess shall be impowered to order payment for his charges, And in case any persons within the parish electing shall refuse to make payment according to their order, then the collectors shall by vertue of that | Preamble. Vestry of each parish electing a burgess to direct paym't of his wages: Collectors may distrain: |
| order make distresse for the same, which shall be accounted authentique in any court of judicature within this collonie. | |
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| ACT XI. | |
| Mr. Thomas Flood made Interpreter for the Country. | |
| WHEREAS Coll. John fflood hath long and faithfully served this country in the office of an interpreter and being now deceased, It is enacted, That Thomas fflood, son to the said Coll. John fflood, being recommended to the Assembly for his abillity in the Indian tongue shall be received in the place of his ffather and have the same salary. | Indian interpreter appointed. |
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| ACT XII. | |
| Encouragement to make Silke. | |
| FOR incouragment to the makeing of silke, It is enacted, That whosoever shall make ffiftie pound of wound silke shall receive from the publique as a reward of his dilligence tenn thousand pounds of tobacco, Provided he prove it to be all of his owne makeing. | Premium for making silk. |
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| ACT XIII. | |
| The Actes for Juries Inquest and for Peoples bringing in the Listes of their Families are repealed. | |
| WHEREAS the acts for juryes of inquiry and for peoples bringing in the lists of their ffamilies have not produced such success as was expected for detection of offences, or discovering the true number of the tithables, It is enacted, That both the said acts be repealed and the sherriffs to take lists as formerly hath been accustomed. | Acts for impannelling grand juries, and concerning tithables
repealed. See act 64 of 1657-8. |
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| ACT XIV. | |
| Ordinaries Regulated. | |
| WHEREAS many inconveniencies and much damage ariseth to the whole country in gennerall through the exorbitant prices of drinke sold by ordinarie-keepers, | Preamble. |
| which the acts for limitation of the prices have not wholly prevented, Bee it therefore enacted, That the county courts shall, as the prices of tobacco shall rise or fall, from time to time sett rates how the drinke shall be sold, And none to be permitted to keep ordinaries vnles they first take out their license and give good security to sell att no other rates then those by the courts appointed, not excludeing the power of the Governour and Council in the time of quarter courts at James Cittie. | Co'ty courts to fix tavern rates according to the price of
tob. License to be obtained and bond and security given. |
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| ACT XV. | |
| In what case a Supersedeas may be granted. | |
| WHEREAS many causless molestations arise by the frequent granting of a supersedeas, Bee it enacted and confirmed, That noe supersedeas be granted but in such cases and causes by any court where an appeale doth lie open. | No supersedeas grantable except where an appeal will lie. |
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| ACT XVI. | |
| Attornies for Buisenss out of England to putt in Securitie. | |
| WHEREAS many persons in this colony entertaine as attorneys many troublesome businesses out of England, where justly there is no occasion for such molestation and the parties so molested left destitute of releife by reason the said disturbers have no estate in this country to satisfie their dammages, Bee it therefore enacted, That noe attorney by any power out of England or elsewhere shall implead or sue any personn of this colloney without first giveing in good securitie that hee the said attorney shall pay all costs and damages the court shall award against him, where the lawe shall find that he hath by that power vnjustly molested the said defendant. | Preamble. Security for costs to be given by non-resident plts. |
| ACT XVII. | |
| Noe Sherriffe, vnder Sherriffe or Clerke of a Court permitted to plead as Attorney. | |
| BE it enacted, That neither sherriffe, vnder sherriff nor clerke of any court within this collony be permitted to plead in any person's behalfe in any court where he officiates, and the sherriffe, vnder sherriff or clarke soe offending after prohibition to be ffined one thousand pounds of tobacco, to the vse of the countey where he pleaded, for each default. | Sheriff, under sheriff & clerk not to plead as attornies. |
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| ACT XVIII. | |
| What Councellors are to have a part in the Two Hundred Pounds. | |
| BEE it enacted, That noe councellor haveinge not officiated in the ffower last courtes shall have any part of the two hundred pounds sterling given last Grand Assembly to the councellors they haveing not been at any charge. | Councillors paid in proportion to their attendance. |
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| ACT XIX. | |
| The Act ffor Two Shillings per Hhd. made void. | |
| WHEREAS certain inconveniencies have ben found in the manner of collecting the imposition of two shillings per hogshead to which an apt remedie could not bee applied and the said act now expired, It is enacted and confirmed, That the said lawe shall not be renewed but continue void. Notwithstanding which, all tobaccoes exported or to be exported this crop to be paid for accordinge to the said act, and the next yeeres levy to be raised in tobacco as formerly. | Act 128 of March, 1657-8 repealed. |
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| ACT XX. | |
| The Office of Secretarie conferred on Coll. Claiborne. | |
| WHEREAS the office of secretarie is a place of great trust, and thought fitt by the Assembly to bee reserved to their disposall, It is enacted, that Coll. William Claiborne (acknowledging the said place received | Wm. Claiborne app'ted secretary. |
| from the Assembly) shall continue secretarie of state vntill the next Assembly or vntill his Highness pleasure be further signified vnto vs. | |
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| ACT XXI. | |
| Quarter Courts altered. | |
| WHEREAS the keeping of June quarter court hath bin found vnnecessary and inconvenient in regard the shipps are then out of the country, time of payment past and the crop then cheifly in hand, It is enacted and confirmed, That the said court shall bee totally abolished & void and the three other courts to beginn the twentieth of November, Provided that the takeing away of this next June court, preiudice none, But that all referrences to that court, and all debts, by the late act made pleadable shall continue and extend vntill next September courte. | June quarter court abolished. Terms of March, Sept. and Nov. |
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| ACT XXII. | |
| Concerning Ground Leaves. | |
| WHEREAS at the last Assembly it was enacted that ground leaves should not pass for merchantable tobacco, the Assembly in tending thereby to lessen the quantity of tobacco and mend the quality of tobacco, which act hath not produced the desired effect in regard the said ground leaves have bin trucked away to seamen & others so that the noise of so many hogsheads goeing home obstructs the markett, as much as ever, ffor prevention whereof bee it enacted and ordained that ground leaves shall be totally suppressed, and that whosoever shall be proved to dispose of or lay out any ground leaves in the countrey shall forfeit for the quantity of every hogshead so layd out three hogsheads and soe proportionable, and for every hogshead shipped home, tenn hogsheads, the one halfe to the informer, the other halfe to the vse of the countey, and this act to be in force the ffirst of August next, Provided also that those which have made contracts before this act may have their contracts nulld whereby they may have an equall benefitt with others in the advance of their topp tobacco. | Preamble. Ground leaves not to be disposed of. Penalty. Provision in case of previous contracts. |
| ACT XXIII. | |
| The Act for Hides and Iron not to bee Exported Repealed. | |
| THE act prohibitting the exportation of old Iron & Hides is hereby
repealed and liberty given to any one to make their best advantage of them.
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Act 124 of March, 1657-8 repealed. |
| ACT XXIV. | |
| Free Trade with the Indians. | |
| WHEREAS it is manifest that the neighbouringe plantations both of English and fforrainers do plentifully furnish the Indians with gunns, powder & shott, and do thereby drawe from vs the trade of beaver to our greate losse and their profitt, and besides the Indians being furnished with as much of both gunns and ammunition as they are able to purchase, It is enacted, That every man may freely trade for gunns, powder and shott: It derogateing nothing from our safety and adding much to our advantage, And this act to be in force the ffirst of April which shall be in the yeare one thousand sixe hundred and sixty. | Preamble. Trade with Indians allowed for guns, powder and shott. |
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| ACT XXV. | |
| Provision to bee made for Amunition. | |
| BEE it enacted that a provident supplie be made of gunn powder and shott to our owne people, and this strictly to bee lookt to by the officers of the militia, (vizt.) That every man able to beare armes have in his house a fixt gunn two pounds of powder and eight pound of shott at least which are to be provided by every man for his family before the last of March next, and whosoever shall faile of makeing such provision to be fined ffiftie pounds of tobacco to bee laied out by the county courts for a common stock of amunition for the county. | Every man to be provided with a gun & a certain quantity of powder and shot. |
| Pages 480-505
| Pages 526-552
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