Volume Map ======   ====== Pages 17-39

===========================================================

THE
Statutes at Large;
BEING
A COLLECTION
OF ALL THE
LAWS OF VIRGINIA
FROM THE
FIRST SESSION OF THE LEGISLATURE
IN THE YEAR 1619

======

PUBLISHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY OF VIRGINIA,
PASSED ON THE FIFTH DAY OF FEBRUARY ONE THOU-
SAND EIGHT HUNDRED AND EIGHT.


======

VOLUME II.

======

By WILLIAM WALLER HENING.

======

"The Laws of a country are necessarily connected with every thing belonging to the people of it;
so that a thorough knowledge of them, and of their progress, would inform us of everything that
was most useful to be known about them; and one of the greatest imperfections of historians in
general, is owing to their ignorance of law,"            Priestley's Lect. on His. Vol. 1. pa. 149.


======

NEW YORK:
PRINTED FOR THE AUTHOR, BY R. & W. & G. BARTOW

======

1823

===========================================================

   
      We, Robert G. Scott, William Selden and William Robertson, members of the Executive Council of Virginia, do certify, that the laws contained in the second volume of HENING'S Statutes at Large, have been, by us, examined and compared with a copy as corrected by the certificate of the examiners heretofore appointed from which they were taken, by Robert G. Scott and William Seldon from page 17 to page 30 inclusive; by Robert G. Scott and William Robertson from page 31 to page 505 inclusive, and by Robert G. Scott and William Selden from page 506 to the end, and we have found the pages respectively examined by us, truly and accurately printed, except as to the following list of errata to the number of seven.
      Given under our hands this 10th day of September, 1823.
ROBERT G. SCOTT,     
WILLIAM SELDEN,
WM. ROBERTSON.
Pa. 56, l. 5 from bottom, for "our of out" read "out of our."
89, 5 " for "quartnernes" read "quarternes."
194, 7 from top, for "otner" read "other."
214, 7 " for "county" read "country."
232, 13 from bottom, insert "it" between "care" and "hath."
417, 3 from top, for "threof" read "thereof."
474, 4 " for "pay" read "paying."

===========================================================



   
PREFACE

TO THE

SECOND VOLUME OF THE STATUTES AT LARGE.

======
      THE first volume of this work brings down the laws to the termination of the commonwealth of England, in May 1660. −−− This volume commences with the first session after the restoration of Charles II; and besides the acts of October, 1660, and March, 1660-1, which are prior to Purvis's printed collection, it contains all the laws to be found in that collection, with the addition of all those which had been omitted, including the laws passed during Bacon's opposition to the government, and under his immediate influence.
      On comparing the printed laws in Purvis, with the MSS. of the same date, which are of undoubted authenticity, it was discovered that many entire laws were omitted in that collection; that whole sentences were left out in others, and that innumerable typographical errors had been suffered to pass unnoticed, which totally varied the sense. These errors had been so generally copied into the revisals of 1733, 1752 and 1769, that it became necessary to give "Various Readings" at the bottom of the page.(a) The opinion heretofore entertained that Purvis's collection was the first revisal of our laws which appeared in print, has been found on examination, to be incorrect. The revisal of 1661-2, was sent to London to be printed;(b) and, long before the publication of Purvis, (which was between the years 1684 and 1687(c) it was referred to by the printed laws. (d)
      Although the acts in this volume commence with those of OCTOBER, 1660, WHICH WAS THE FIRST year of the ACTUAL REIGN of Charles II, yet in conformity with the English chronology, which takes no notice of the existence of the commonwealth, they are here dated as of the 12th of Charles II.(e)
      The first care of the assembly, after the restoration, was to provide for a new edition of their laws, with a view to adapt them to the change which had taken place in the government. This work was confided to Col. Francis Morrison, and Henry Randolph, clerk of the house of burgesses, by a resolution which passed at the session of March, 1660-1.(f) These revised laws were compiled
======
      (a) See note to pages 41,42.           
      (d) See p. 189, 217.
(b) See p. 147.
(e) See note to p. 11.           
(c) See preface to vol. 1, p. v.
(f) See p. 34.

===========================================================

iv.

PREFACE.


   
from those previously enacted, with such alterations as rendered them consistent with the monarchical government there re-established. The preamble declares the principal object to be, to repeal and expunge all such laws, "as might keep in memory their inforced deviation from his majesties obedience."(g) By that code the Common Law of England is for the first time expressly adopted in Virginia; and all other acts of assembly not contained in that collection, are repealed.(h) This revisal formes the first part of Purvis's printed collection; and such of the acts as were in force at the respective periods of publishing the revisals of 1733, 1752 & 1769, are also to be found in those edition.
      Many of our laws which have been supposed to have had their origin, at the date of their publication in Purvis's collection, because that was their first appearance in print, will be found to have been passed at a much earlier period. So, in some few instances, a date has been given to the origin of a law as published in Purvis, when in fact it had before been enacted, but the original law was omitted in his collection. "Thus, the year 1679, has been fixed on as the period, when Indian prisoners, taken in war, should be free purchase to the soldier taking them;(i) or, in other words, might lawfully be made slaves. But it will appear, from a perusal of this volume, that the first law which authorised the making of slaves of Indian prisoners, was passed at the June session of 1676, under the influence of Nathaniel Bacon, junior.(k) The object of Bacon was to hold out inducements to those who would engage in the Indian war, at that time declared. Afterwards, at the session of February, 1676-7, the assembly recognise the principle established by Bacon, and expressly declare "that all such soldiers who either already had taken, or hereafter should take prisoners, any of our Indian enemies, or any other Indian plunder, and at the tyme of taking such Indians or Indian goods, then were or should thereafter be under lawful command from due and full authority, that they reteyne and keep all such Indians slaves, or other Indian goods as they either had taken or thereafter should take, to their own proper use, for their better encouragment to such served."(l) The act of 1679, is but a mere repetition of those of 1676 & 1676-7.(m)
      The laws passed at the session of June, 1676, by an assembly under the influence of Nathaniel Bacon, the younger, and to which laws, the governor's assent has been said to have been extorted, will be found in this volume. They are most salutary in their tendency,
======
      (g) See p. 42.                    (h) See p. 43.                    (i) See 1 Hen. & Munf. 139. 2 Hen & Munf. 149.
      (k) See p. 343.                  (l) See p.  404.                  (m) See p. 440.

===========================================================

v

PREFACE.


   
and prove incontestibly the very great abuses which had crept into the administration of the government. So essential were they deemed to the prosperity of the country, that although they were all repealed by instruction from the king, yet at the very next session they were nearly all re-enacted, in the very same words, though under different titles.(n)
      So early as the year 1666, the question was agitated whether the governor and council, who exercised legislative function, could take any part in laying taxes, then called levies. The house of burgesses insisted on their privilege of laying the taxes in their own house; which was deemed satisfactory, "and desired to remain on record for a rule to walk by for the future."(o)
      The low price of tobacco, about this period, induced the assembly to adopt the singular expedient of directing a total suspension of the planting of it, at the time called a cessation. This subject engrossed their attention during several sessions: and, it was not until after repeated negociations with the governments of Maryland and North-Carolina, that their favorite scheme was fully carried into effect.(p)
      It is impossible to form a tolerably correct idea of the laws relating to real property, without a careful perusal of these volumes. Unfortunately, in the various revisals which we have had of our laws, but two (the edition of Pleasants & Pace, in 1803, and of Pleasants, in 1807) have any references to the laws from which they were originally taken. But even in them, it was impossible, in many instances to go further back than some early revisal, chiefly that of 1748, because their first law which had ever passed on the subject was, at the date of their publication, locked up in manuscript. In the revisals too, there is seldom more than the enacting clause of the original law; whereas, in this work, the preamble, which generally precedes the enacting clause, shews the reason of the law, and the state of the country which led to the passing of it. Thus the act authorising a feme covert to dispose of her interest in land, by joining her husband, in a conveyance, and acknowledging it in court, grew out of the practice of the county, from the first settlement of the colony. The preamble, after reciting that the legal mode in England for a married woman to pass her estate in lands, was by fine and recovery, which had never been introduced in this country, but on the contrary, nothing but a conveyance by husband and wife, with her acknowledgment in court, being first privately examined whether she acknowledged the same freely, "but there being no act of assembly to authorise the same;" it is
======
      (n) See note to p. 391.                  (o) See p. 254.                  (p) See p. 221, 224, 228, 229, 232, 251, 252.

===========================================================

vi

PREFACE.


   
enacted that not only all sales and conveyances theretofore made, in that manner, should be effectual to pass the estate of the wife, but that all thereafter made, should be as effectual as if made by fine and recovery, or any other way whatsoever.(q) So, the law giving the owners of lands adjoining swamps, marshes and sunken grounds, the exclusive privilege of taking them up, for twelve months after notice by any other person of an intention to enter they, had its origin as far back as 1672;(r) but should it be necessary to trace the history of that law, few would have access to documents which would carry them farther back than the year 1748. The same observations might be applied to a great number of other laws.
      The Historical Documents, at the end of this volume, will present some new and interesting views of a very obscure part of our history. It will be seen that, in consequence of a plot by a certain number of convicts, in 1663, to emancipate themselves from servitude, the further importation of that class of people, then called jail birds, was prohibited. −−− The negociations of the commissioners from Virginia, with the British government, for the repeal of the improvident grant of Charles II, to Lords Arlington and Culpeper, of the whole colony of Virginia, for thirty-one years, and for a new and more perfect charter for Virginia, will evince at how early a period those seeds of dissention were sown which finally produced a separation of the colonies from the mother country. The right of the inhabitants of Virginia to be exempted from taxation, except by their owne consent, is insisted on, with a degree of zeal and ability, which would do honor to statesmen of any age. −−− The whole proceedings of the courts martial, which sat on the trial of the adherents to Bacon, are inserted, from a record book in the office of the general court of Virginia, and shews the system of proscription and confiscation, which was pursued by the royal party. The fines imposed, for the use of the governor, Sir William Berkeley, had, no doubt, a due share of influence on the decisions of the courts. −−− The policy of the British government, in keeping the colonists in total ignorance, is strikingly exemplified in the answers given by Sir William Berkeley, to certain questions proposed to him by the lords commissioners for trade and foreign plantations, in the year 1670; and the suppression of the first printing press which appeared in Virginia, in the year 1682, was but a consummation of that favorite policy.
WILLIAM WALLER HENING.      
      Richmond, October 1, 1810.
======
      (q) See p. 317.                        (r) See p. 300.

===========================================================

vii

   
LIST OF GOVERNORS

OF VIRGINIA DURING THE PERIOD COMPRISED IN THIS VOLUME.
[From a MS. belonging to Thomas Jefferson, late President of the United States, and purchased by him from the Executor of Richard Bland, deceased.]
(CONTINUED FROM VOL. 1, PAGE 5.)
      SIR WILLIAM BERKELEY continued governor till 30th April, 1661, and then he being to go to England, the council elected colonel Francis Moryson to be governor and captain general of Virginia. Sir William Berkeley.
      Moryson continued till Sir William returned, which was between September and 21st November, 1662. Francis Moryson.
      Berkeley after that continued till 27th April, 1677, And then he was sent for by the king, and Herbert Jeffreys, esquire, was sent in to be his lieutenant, whose commission is dated the 11th November, 28 Car. II. (i.e. 1676.) Sir William Berkeley.
      Jeffreys continued Lieutenant Governor till he died, which was December, 1678; and the 30th of that month Sir Henry Chicheley produced a commission, dated 28th February, 1673-4, to be deputy governor.* Herb. Jeffreys.
======
      * This account of the death of Hebert Jeffreys, and the accession of Sir Henry Chicheley, agrees precisely with the official documents preserved in the office of the General Court of Virginia. −−− In a book labeled Bonds, &c. from 1677 to 1682, No. 2, page 155, is the proclamation of Sir Henry Chicheley, dated December 30th, 1678, announcing the death of Jeffreys, and declaring his own powers
[This note concludes on the following page.]

===========================================================

viii

LIST OF GOVERNORS.


   
      Sir Henry continued till April 16th, 1683, on which day a commission to Thomas Lord Culpeper to be governor, dated 27th November 34th Car. 2d, was read. Sir Henry Chicheley.
      [ ====== This is a very imperfect and erroneous account of the continuance in office of Sir Henry Chicheley, and the accession of lord Culpeper. The facts were these: Thomas lord Culpeper, Baron of Thorsway, was appointed lieutenant governor of Virginia, by patent bearing date the 8th of July, in the 27th year of the reign of Charles II, (1675) long before his arrival in Virginia. he was sworn in as governor on the 10th of May, 1680. (See the patent at large, and the time and form of administering his oath; also a letter from King Charles II, dated 27th of December, 1677, addressed to Herbert Jeffreys, esquire, then governor, informing him that lord Culpeper had been appointed governor of Virginia, but that while he (Jeffreys) performed the duties of the office he should be no loser; and stating the arrangement which had been made as the payment of their salaries: post pa. 564.) Sir Henry Chicheley acted as deputy governor, after the arrival of lord Culpeper, during his absence from the government, which was frequently the case. Thus we find in a book in the Register's office, No. 7, labelled, 'Patents, from 1679 to 1689,' pa. 49, the first patents signed by Lord Culpeper, were dated the 10th of July, 1680; in page 50, of the same book, there are patents dated the 26th of September, 1680, signed by Sir Henry Chicheley as deputy governor; and in page 300, there are patents signed by Lord Culpeper, dated 29th of May,1683. The circumstance of Henry Chicheley's acting as deputy governor has probably led the compiler into the above mistake.]
      Thomas Lord Culpeper, (Baron of Thorsway) continued governor (from 10th May, 1680) till between May and September, 1683, and in that time appointed Nicholas Spencer, esquire to be president. ====== Lord Culpeper left Virginia in August, 1680, (see vol. 3, p. 546.) The first patent signed by Nicholas Spencer, as president, is dated the 17th of September, 1683. See book no. 7, in the Register's office, labelled, "Patents, from 1679 to 1689," pa.302. Lord Culpeper.


Nichol. Spencer, president.
======
[This note began on the previous page and concludes here.]
as deputy governor. −−− On page 204 of the same book, is a letter of king Charles II. dated April 1st, 1679, addressed to the council, informing them that he had heard of the death of Herbert Jeffreys, esquire, and of their acknowledgment of Sir Henry Chicheley, as deputy governor; which conduct he highly approves and declares his intention of sending over Lord Culpeper, as lieutenant governor by one of the first ships coming to Virginia.

===========================================================



   
ATT A

GRAND ASSEMBLIE

HELD ATT JAMES CITTIE IN VIRGINIA TH 11TH OF OCTOBER 1660: TRESE ORDERS FOLLOWING WERE MADE IN THE GOVERNMENT OF

The Right Hon. Sir Wm. BERKELEY his Majesties* Governor.

Mr. THEODORICK BLAND Speaker.
[From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death, it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was borrowed by Edmund Randolph, Esq.]
====== This MS. is now in the library of Congress at Washington.
      ORDERED, That in consideration of the castle duties which by the last Assembly was granted to the right Hon. the governour are returned to Coll. Morrison, to whom of right they belong that his honour be allowed sixty thousand pounds of tobacco this year out of the publique levy in leiu thereof.       Allowance to Sir Wm. Berkeley, in lieu of certain castle duties.
======
      ORDERED, That the commissioners of Nanzemun examine the buisnes of John Linge, and in case the said Linge be unpaid the whole or any part of what is ordered out of that county, that then they take care to see him satisfied forthwith, otherwise execution to issue against the commissioners according to act of Assembly. Claim of Jno. Linge, how satisfied.
======
      * This was the first assembly held in Virginia, after the restoration of Charles II. which took place on the 29th of May 1660; and this is the first time that the word king, or majesty has occurred in the proceedings of the assembly from the commencement of the commonwealth, in England, until its termination, notwithstanding the assertion of Robertson and other historians that the colony of Virginia proclaimed Charles II. with all his titles, before the restoration was effected in England. See Note to Vol. 1 p. 526.

===========================================================

10

LAWS OF VIRGINIA, OCTOBER, 1660 −−− 12th CHARLES II.


   
      ORDERED, That the commissioners of Rappahannock county have power to levie the arrears due to the right Hon. Sir William Berkeley upon the said county and take a speciall care for the payment alias execution &c. Arrears due the Gov. in Rapahannock, how levied.
======
      ORDERED, That the commissioners of both counties of Potomacke have the same power as the commissioners of Rappahannock concerning the arrears of the right Hon. Sir William Berkeley. Comm'rs. on Potomack same power as those on Rappahannock.
======
      ORDERED, That a bushell of eares per pole be paid to the right honourable the Governour, by all the inhabitants of the country that are tithable and that for the better payment of the same the commissioners appoint two persons in each parish, to looke after the collection of it, and the people to bring the corne to such convenient places for boating as they shall appoint, and that it be readie by the last of January or sooner if the right honourable the Governour shall think fitt, and the said collectors having soe collected the corne and given notice to Sir William that the same is in convenient and secure places the said countys shall be discharged. A bushel of corn per tithe levied for the gov.




How collected.
======
      ORDERED, That Coll. Carter vpon his oath declare the whole truth that passed between him and Coll. Claiborne at the Assembly in 53 or 54 concerning makeing an act of non-address to the right Honourable Sir William Berkeley.

======

Col. Carter required to divulge certain proceedings of the assembly of 1653.
      ORDERED, That Major Gennerall Hammond have eleaven thousand pounds of tobacco allowed him out of the publique levie this yeare, & eleaven thousand pounds of tobacco the next as being imployed by the right honourable the Gouernour and countrey in the address to his Majestie for a pardon for the inhabitants of the countrey. Allowance to Major Gen. Hammond.
======
      WHEREAS, certain differences have long depended between Coll. Guy Molsworth and the country and it hath bin proposed by the said Coll. Final settlement with Col. Molsworth.

===========================================================

11

LAWS OF VIRGINIA, OCTOBER, 1660 −−− 12th* CHARLES II.


   
Molsworth to put a period to the same for six thousand six hundred pounds of tobacco and it was assented to by the house, it is therefore ordered that 6600 pounds of tobacco be paid him this yeare out of the levy.
======
      ORDERED That Sir Henry Moody bee imploied in an embase by the right honourable the Governour to the Manados about the affaires of the countrey shall have eleaven thousand pounds of tobacco out of the levie this yeare as a gratuity for his paines therein. Embassy to the Manados
======
      ORDERED That Collonel Guy Molsworth have eleaven thousand pounds of tobacco allowed him out of the publique levie this yeare and eleaven thousand the next as being emploied by the right honourable the Governour and country in the address to his sacred Majestie. Allowance Col. Molesworth.
======
      ORDERED That Jenkin Price for some important service rendered in the preservation of severall persons among the Indians shall receive of the publique to be paid him out of the levie the next yeare, ffive thousand pounds of tobacco, which shall be tendred to his creditors as part of his estate, and his goods shall according to act of assembly redeem his person. Donation to Jenkin Price.
======
      OREERED That by reason of the vnconcionable rates, smiths do exact on the inhabitants of this countrey for theire worke, that the countie courts have power to regulate their accompts. Blacksmiths to be regulated.
======
      * In the computation of the reign of Charles II. the English chronologists take no notice of the existence of the commonwealth; but date the commencement of the reign of Charles II. from the death of Charles I, on the 30th of January 1648-9. See Newnam's Complete Conveyancer, vol. 3. pa. 625. On the same principle, the statutes of England, and reports of the decisions of their courts, date the Parliamentary and judicial proceedings of 1660, as of the twelfth year of the reign of Charles II. tho' in fact it was the first year after he came to the government. In the preceeding volume, the acts from 1648-9 to 1659-60 were dated as of such a year of the Common-wealth; but since the restoration, it will be convenient to pursue the English method of computation, for the sake of reference only. It has been accordingly adopted.

===========================================================

12

LAWS OF VIRGINIA, OCTOBER, 1660 −−− 12th CHARLES II.


   
      ORDERED that the horse way over Powatan swamp to James-Cittie be at Mr. Hunts mill and that he be allowed out of the levie next yeare ffive thousand, ffive hundred pounds of tobacco for repairing and maintaining the same for eight yeares except the county of James-Cittie before the tenth of ffebruary will vndertake the same on the same tearmes. Horse way over Powhatan swamp where, and how kept in repair.
======
      ORDERED That Maj. Genll. Hammond and tenn persons be this yeare exempted out of the levy.       Hammond exempted from levies.
======
      ORDERED That after the collectors have satisfied the right honourable the Governour the seaven hundred pounds allowed him out of the two and tenn shillings per hogshead that the collectors pay the rest of the creditors and give an accompt to the next Assemblye.       Surplus of export duties, how appropriated.
======
      ORDERED That Thomas Hunt have three thousand ffive hundred pounds of tobacco allowed him out of the levye for the vse of his house the Assembly sitting there. Rent of a house for the assembly.
======
      ORDERED That Mr. Woodhouse have ffour thousand pounds of tobacco allowed him out of the levye the next yeare, for the Governor and Councell sitting att his house.       Rent of house for the governor and council.
======
      ORDERED that Daniel Dawen for his experiment of salte have his charges defrayed in towne out of the publique levie and bee exempted out of the Accomacke levie also. Encouragement for experiments in salt.
======
      ORDERED That the pass granted to Nicholas Perry by the governour bee assented to by the house who discharge the governour of his obligation, And further ordered that the creditors of the said Perry appeare next Charles Cittie county court to make their debts appeare and receive such payment as the Perry estate will afforde. A pass granted by the governor confirmed.

===========================================================

13

LAWS OF VIRGINIA, OCTOBER, 1660 −−− 12th CHARLES II.


   
      IT is the request of the house that the right Hon. Sir William Berkeley would take into his care the building of a state-house And what agreements he shall make, or shall be by his order expended for the same, it is ordered to bee paid out of the publique levie, and to bee raised by act of Assemblye.       State-house to be built.
======
      ORDERED that Mr. Randolph draw vpp the accompts of the collectors of the two shillings per hogshead, and the arrears of the creditors and present them to the governour that the collectors may satisfie the same according to his order.       Accounts of collection of export duties, how settled.
======
      ORDERED That all the quarter courts amercements of ffiftie pounds of tabaccoe per cause ffrom the last assembly till the last of March next be paid to Coll. Morrison for severall services and remittance of arrearages to the country, and that the clarke issue out accompts thereof to the severall sherriffs to collect the same for him.       Amercements of quarter courts, how appropriated.
======
      ORDERED That the honourable the governour have power to presse tenne men of the ordinarie sort of people, allowing each man two thousand pounds of tobacco per annum for theire services and to employ them toward the building of a state-house.       Men to be pressed to build a state house.
======
      ORDERED That Mr. Richard Bland be added to the comission of Elizabeth cittie, Captain ffrancis Gray, to the commission of Charles Cittie, Mr. John Vnderhill to the comission of Yorke in the place of Mr. ffelgate. Certain persons added to the commission of the peace.
======
      WHEREAS the Indians of Accomacke have complained that they are very much straightened for want of land, and that the English seat so neare them, that they receive very much damage in theire corne, It is ordered that the right honourable the governour give comission to two or three gentlemen with a Lands of Indians in Accomacke, to be surveyed and secured to them without the power of alienation.

===========================================================

14

LAWS OF VIRGINIA, OCTOBER, 1660 −−− 12th CHARLES II.


   
surveyor living on this side the bay (that have no relation to Accomack,) to go over thither, and lay out such a proportion of land for the said Indians as shall be sufficient for their maintenance with hunting and fishing excluded, And that the land soe laid out to be so secured to the Indians that they may have no power to alienate it, or any part of it hereafter to the English.
======
      WHEREAS the acknowledgment of the land of the Wiccocomoco Indians to Coll. Mathewes appeares vpon record, but not how justly acquired nor whether voluntary or not, It is ordered by that a consideration of ffiftie pounds vallew, bee proferred to the Indians for the said land by the guardians of the Coll. Mathewes his heire, which shall be at theire free election to accept or refuse, & if accepted, the land to be confirmed by rights & pattents to the said heire, But if now refused, and the Indians shall hereafter desert the said lands then Coll. Mathewes his heire shall re-enter by virtue of his former grant, (any future alienation of the Indians to any other person hereafter notwithstanding) and enjoy the said land as his own forever; But in case of the disbursment of the money and the death of the said heire before he come to age then the guardians disbursing the aforesaid summe as joynt purchasers possess the land to them and their heires forever; And of the vallew of the goods, and of the Indians acceptance or refusall the governour and councill to be judges.       Lands of Wiccocomico Indians, purchased by Col. Matthews, how titles to be confirmed to his heir.
======
      WHEREAS the committee hath reported that Coll. ffantleroy hath from the Indians a conveyance of his land, and an acknowledgment made by them, but not according to act, and that this conveighance hath referrence to a former deede whereby it is pretended by Coll. ffantleroy that it evidently appeared hee had made the Indians satisfaction but neither the deed nor evidence appeareing, and Coll ffantleroy petitioning for a referrence, vpon pretence of further evidence, it is ordered that a referrence be granted him till the next assembly, that in the meane time Coll. Carter acquaint the Indians what care the assembly take to preserve their rights, and that the said Coll. Carter bee Purchase of lands by Col. Fantleroy, of the Indians proceedings on.

===========================================================

15

LAWS OF VIRGINIA, OCTOBER, 1660 −−− 12th CHARLES II.


   
impowered in the said Indians behalfe to prosecute their cause the next assembly.
======
      WHEREAS the placing of two distinct collectors in one river by reason off severall shipps ladeinge in divers places carries with it severall inconveniences It is ordered that Mr. Theodorus Bland and Mr. Henry Soane Collectors of the imposition of two and tenne shillings per hogshead be joyned in one comission and the profits to be equally devided.       Two collectorships consolidated.
======
      ORDERED That Edward Prescott pay vnto Coll. William Kendall late collector of the two shillings per hogshead in Accomack thirty two shillings being the duty of sixteen hogsheads acknowledged by the said Prescotte to have bin received aboard his Catch for accompt of Mr. Richard Wright. Judgment against Edward Prescott for arrears of export duty.
======
      ORDERED That Edward Prescotte for severall scandalous mutinous and seditious words vttered against this Assembly be comitted to the custody of the sherriffe vntill further order from the governour and councell, and that he be suspended from his place in the comission.       Edward Presscotte committed for slandering the assembly.
======
      ORDERED That Mr. John Pate, Mr. Anthony Savage and Mr. William Howard be added to the comission of Gloster county. Commissioners of the peace appointed.
======
      ORDERED That Mr. Thomas Taylor bee added to the comission of Nansemum. Same.
======
      ORDERED That Mr. Thomas Davis be exempted and dismist out of the comission of Nansemum. Commissioner dismissed.
======
      WHEREAS John Powell hath complained of damages done to him by the Indians it is ordered that the comissioners of the county of Northumberland Retaliation on Indians.

===========================================================

16

LAWS OF VIRGINIA, OCTOBER, 1660 −−− 12th CHARLES II.


   
inquire into the said damages, and if vpon sufficient proofe, they find any which are considerable the said comissioners are ordered to award satisfaction and to give notice to the cheife man or men among those Indians that if they do not comply with the said award, then soe many off them as the court shall thinke fitt shall be apprehended and sold into a fforraigne countrey to satisfie the award and vpon the Indians refusall to pay what is awarded the governour and councell are desired and authorized to cause some of those Indians to be apprehended and to bee accordingly disposed of, if they find it necessarie.
Some to be sold to compensate for private injuries.
======
      ORDERED That the comission of Captain Peter Ashton for the collection of two and tenn shillings per hogshead do extend as farre as Northumberland county.       Collectorship of Peter Ashton extended.
======
      WHEREAS it hath bin enacted that everie master of shipp or vessel should enter into two thousand bond with securitie for performance of such things as by the lawes of the countrey are enjoyned them, which being too greate a summe for small vessells, it is ordered that the severall summes in which they are to be bound to be left to the discretion of the collectors who are to take the bond.       Bonds of masters of vessels in a penalty prescribed by the collectors.
======
      ORDERED That there be added to the comission of Westmoreland county Mr. John Lord Mr. John                   Mr. John Vauhan Mr. Andrew Monroe, Mr. Roger Parfitt and Mr. Nathaniel Jones.       Additional commissioners for Westmoreland.
======
      ORDERED That Edward Bowman be dismist out of the comission of lower Norfolke. Commissioner dismissed.
======
      WHEREAS Nicholas Boate hath petitioned for confirmation of his denization in Virginia The governour councell and burgesses have ordered that if he with his family shall constantly reside in Virginia two years, and afterwards continue to make this his place of residence, that then after the said two years expired he shall be admitted to enjoy all the priviledges an Englisman enjoyes in Virginia.       Denization granted.

===========================================================

Volume Map ======   ====== Pages 17-39

===========================================================