Pages 103-123 
|  Pages 149-162
|
| Pages 103-123
| Pages 149-162
|
| ACT CXIII. | |
| Stray Horses, &c. | Edit 1733 and 1752. |
| FOR remedy of the great abuse and wrong done in taking up stray horses, cattle and boats lost, not only in concealing them, but in useing and imploying them to the hurt and damage of the owners. Be it enacted by this present grand assembly that every person or persons that shall take up and keep any stray horses, cattle or boates shall cause the said horses and cattle with the mark, stature and colour, and the said boat with her proportion and what was found in her to be cryed publickly in all the churches and chapples in the county within one month after the taking them up, and in the meane time securely to lay up the said boate, and if noe owner appeare upon this publique notice given them to publish the same, and sett it up in writing at the next county court, where if noe owner appeare then it shalbe lawfull for him to make use of the said boate untill the owner doe appeare who shall allow him for his paines 100 pounds of tobacco. | Purvis 82. [See vol. I, p. 420-1.] Estray horses & cattle, and lost boats, to be cried in every church & chappel in the county, within one month. If no owner appear, to advertise at the county court. Reward for taking up. |
 ACT CXIV. | |
| Free trade. | Edit 1733 and 1752. |
| BEE it enacted that ffree trade be allowed to all the inhabitants of this country to buy and sell at their best advantage, and that all acts concerning ingrossing be from henceforth repealed and made voyd; Provided always that noe person or persons shall have any comerce or trade with any Indians for Beaver, Otter or any other ffurres except those commissionated by the governor. | Purvis 83. [See vol. I, p. 296, 463.] Free trade allowed to all persons, and all acts against ingrossing repealed. Not to authorise the trading with Indians for furs. |
ACT CXV. | |
| Exportation of hides. | Edit 1733 and 1752. |
| WHEREAS the exportation of hides, wool, and iron is generally conceived to be much prejuditiall to the comonwealth and good of this colony. Be it therefore enacted by the authority of this present grand assembly that what person or persons soever export | Purvis 83. [See vol. I. p.174 199, 307, 314, 488, 525.] Exportation of wool, hides & iron prohib'd under a penalty. |
| out of this colony either wool, hides or iron shall for every of their offences in soe doing pay as followeth, (vizt.) ffor every hide soe exported the summe of one thousand pounds of tobacco, and for every pound of iron ten pounds of tobacco, and for every pound of wool ffifty pounds of tobacco; the one halfe of which payments and forfeitures shalbe paid to the informer and the other halfe to the publique. | |
ACT CXVI. | |
| Exportation of mony. | Edit. 1752. |
| BEE it hereby enacted by this grand assembly that noe false mony shall passe for current in this country, but peeces of eight that are good and of silver, shall passe for five shillings current mony upon penalty of twenty shillings to be paid by the refusers of them; and that none shall export mony out of this colony above the sume of fforty shillings, if any shall exceed the said summe to forfeite double thereof. | Purvis 84. and edit. 1733. [See vol. 1, p. 493.] Val. of pieces of eight. Penalty for exporting above the sum of 40 shillings in money. |
ACT CXVII. | |
| Size of Virginia Hogsheads. | Edit. 1733 and 1752. |
| IT is enacted upon the complaint of diverse masters and merchants of ships against the incertainty and extraordinary size of caske, which hath bin very much prejudicial to them, that a certaine size of all tobacco caske of Virginia hogsheads shalbe as followeth, (vizt.) forty three inches in length and the head twenty six inches wide, with the bulge proportionable; and whoever shall make caske of a greater size shall pay upon proofe made to any court (if he be a freeman otherwise his master or mistris that imploys him) three thousand pounds of tobacco, the one halfe to the informer, the other halfe to the county where the caske is made; and if any caske shalbe made of timber not seasoned, then such caske to be burnt. | Purvis 85. [See vol. 1, p. 435, 456.] Size of tobac. Hhds. 43 inc. long & 26 inc. wide at the head. Penalty for exceeding that size, or mak'g hhds. of unseasoned timber. |
| ACT CXVIII. | |
| Against private takeing away of Boates. | Edit. 1733 and 1752. |
| FORASMUCH as diverse persons suffer greate damage by private and concealing and taking away of boates and cannoos without lycense from the owners thereof, It is enacted and confirmed by the authority aforesaid that the commissioners of each county court shalbe hereby authorised (if required) to order and give satisfaction from the party soe trespassing to the party injuried by want of his or their boate, boats or cannoos, five hundred pounds of tobacco penalty to the owner, and what damage the boate susteynes. | Purvis 85. [See vol. 1, p.170, 264, 460.] Pen'ty for privately taking away boats & canoes. |
ACT CXIX. | |
| Against Shooting. | Edit. 1733 and 1752. |
| WHEREAS it is much to be doubted the common enemy the Indians, if opportunity serve, will suddenly invade this country and bring it to a totall subjection of the same, and whereas the only meanes for discovery of their plotts is by allarmes of which noe certainty can be had in respect to the frequent shooting of guns in drinkings, whereby they proclayme and justifye that beastly vice; Be it therefore enacted that what person or persons soever shall after publication hereof shote any guns att drinking or marriages (buryalls excepted) such person or persons soe offending shall forfeite two hundred pounds of tobacco to the publique to be levyed by distresse in case of refusall. | Purvis 85. [See vol. I, p. 401, 480.] Shooting guns at drink'gs or marriages prohibited. Burials excepted. |
ACT CXX. | |
| Supply of ammunition. | Edit 1733 and 1752. |
| BEE it enacted that a provident supply be made of guns, powder and shott to our owne people, and this strictly to be looked to by the officers of the militia (vizt.) that every man able to beare armes have in his house a fixed gun, two pound of powder and eight pound of shot at least, which are to be provided by every man for his family before the last of March | Purvis 86. [See vol. 1, p. 525.] Ev'ryman able to bear arms, to provide himself with a gun 2 lb. of powder & 8 lb. of shot. |
| next; and whosoever shall fayle in making such provision to be fined ffifty pounds of tobacco to be laid out by the county courts for a common stock of ammunition for the county, the enquiry referred to the grand jury. | Penalty & how appropriated. |
ACT CXXI. | |
| Against exacting Millers. | Edit. 1733 and 1752. |
| WHEREAS by a second act of a grand assembly, Anno 1645, it was ordered and established for reforming the great abuse of millers in exacting excessive and illegall tole, that noe person or persons using or occupying any mill should take or receive for the grinding of any graine or exchanging it for meale above the sixth part thereof for tole, which act hath not taken such effect as was intended thereby, in respect as is conceived neither penalty was imposed therein upon the offender nor the execution thereof was given in direction to any perticular officer; It is therefore thought fitt to enlarge the said act, and by vertue thereof to require all millers or owners of mills to provide by the five and twentyeth day of June next come twelve month stillyards, or statute weights and scales by which they are to receive in and deliver out all graine, and that they doe suffitiently grind or exchange the said graine soe brought, upon the penalty (in case they doe exact beyond the said proportion for grinding or exchanging, or in case of default of such weights and scales, or for not suffitiently grinding the same) of one thousand pounds of tobacco, and that the grand jury inquire thereof. | Purvis 86. [See vol. I, p. 301, 347, 485.] Millers to provide steely'ds or statute wts and scales. Pen'ty for not grind'g or exchang'g grain for meal, or taking more than legal toll; or not providing wts. & c. |
ACT CXII. | |
| Against exportation of English goods. | Edit. 1733 and 1752. |
| 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 unnecessary comodityes, and make sale thereof for tobacco, which they againe truck for substantial comodities as cloathing and the like and by that meanes | Purvis 87. [See vol. 1, p. 519.] Preamble. |
| leave the country destitute of its owne supply; It is hereby enacted that noe person or persons soever shall after the ffirst of June next export out of the colony any English goods (not by him formerly imported,) shall, upon discovery, forfeite such goods and be fined the value, the one halfe to the informer and the other to the publique. | Penalty for exporting Eng'h goods, except by the person import'g them. |
ACT CXXIII. | |
| No Mares or Sheepe to be transported. | Edit. 1733 and 1752. |
| IT is also enacted that noe mares or sheepe be transported out of the country upon treble the value, to be forfeited by the offender, and by him paid one halfe to the informer the other halfe to the publique. | Purvis 87. [See vol. I, p. 463.] Pen'ty for exporting mares and sheep. |
ACT CXXIV. | |
| Rum.* | Edit. 1733 and 1752. |
| WHEREAS the excessive abuse of rum hath by experience bin found to bring diseases and death to diverse people, and the purchasing thereof made by the exportation and unfurnishing the country of its owne supply and staple comodities; It is enacted that what vessell soever shall after the first of March 1663, except such as belong wholly to the inhabitants of this country, bring in them any rum or (a) sugar the said vessell soe bringing it in, shall not unload or sell the same at any place or places but such as are by act of assembly appointed ports for the vent of that comodity, and shall bring the same on shore and enter the quantity, and pay for every gallon of rum six-pence custome, and for every pound of (a) sugar one penny before they be permitted to sell or dispose of any part thereof. | Purvis 88. Duty payable on rum and sugar imported, if sold at any port except those appointed by act of assembly. |
| Various Readings | |
| * The title of this act in Purvis and editions of 1733 and 1752, is 'Against selling of rum, but in places appointed.' | |
| (a) In the Northumberland MS. there is a blank before the word sugar, but in Purvis it is filled with the word 'Pavele.' |
| ACT CXXV. | |
| Against stealing of Hogs. | Edit. 1733 and 1752. |
| WHEREAS the stealing and killing of hogs is a crime usually committed and seldome or never detected or prosecuted in this colony, Be it therefore enacted for the better prevention thereof that whosoever shall steale or unlawfully kill any hogg which is not his owne, and the said fact being proved by suffitient evidence, he or they soe offending shall pay to the owner of the said hogg one thousand pounds of tobacco and one thousand pounds of tobacco to the informer, and in case of inability to pay and satisfye the said summes the person soe offending shall serve two yeares (vizt.) one to the right owner of the said hogg and the other yeare to the informer, and if any person be found to bring home any hogg or hoggs soe killed without their eares, shalbe adjudged a hogg stealer and to be proceeded against accordingly; that such persons as shall receive such hoggs into their houses and not imediately discover the same to the next commissioner then such receiver to be proceeded against as if he had been an actor in the trespasse, and in case the owner of the hogg informe, he to have both fines. | Purvis 88. [See vol. I, p. 351.] Hog stealer to pay 1000 lb. tobacco to owner & same to informer; or if unable to pay, to serve 1 year to owner and the same to informer. Persons bringing home hogs without ears adj'ged a hog-stealer; So, of the receiver who does not discover. |
ACT CXXVI. | |
| Masters of Ships to provide fower months provisions. | Edit. 1733 and 1752. |
| BEE it enacted that all masters of ships shalbe obleidged hereby to provide fower months allowance of victuals for passengers at their setting forth from the Downes or other parts of England, and to give the passengers suffitient allowance of dyett all the voyage, and masters of ships respectively to take care that poore servants doe not want cloaths (a) and bedding in the voyage, in which perticulars aforesaid if any shall offend, they shalbe lyable to greiveous censure here according to the meritt of the offence. | Purvis 89. [See vol. I, p. 435.) Passengers from England how provided. Poor servants to have sufficient cloaths & bedding. |
| Various Readings | |
| (a) The words 'cloaths and' omitted in Purvis, but inserted in Northumberland MS. See also vol. 1, pa. 435. |
| ACT CXXVII. | |
| Concerning passes. | Edit. 1733 and 1752. |
| BEE it also enacted and confirmed that noe master of any ship, vessell, boate or barque shall transport any person or persons out of this country except the said person or persons (a) do produce a passe under the hand of the secretary, or such whome he shall depute or appoint upon the penalty to pay all such debts as any person shall stand indebted to any person within this colony at his or their departure, and likewise pay one thousand pounds of tobacco (b) for his contempt; and it is further enacted that before any such passe shall be signed to any person he or they shall bring a certificate from the monthly court wherein he or they reside that he hath sett up his name upon a court day ten days at least before his departure at the county court where he resides; or otherwise shall put in suffitient security for the payment of all debts that are due or owing from them (c) to any person within the country; and further the person soe departing shall sett up (d) his name at the church doore to be published two Sundays in each parish in the county, where it is presumed all persons wilbe, and the readers testimoniall to the clerke shalbe suffitient warrant for him to grant certificate, and that the secretary and security after a yeare and a day be discharged. | Purvis 89. [See vol. 1, p. 200, 243, 436.] Masters of vessels transporting any person out of the country, liable for his debts, & to a penalty unless the person produce a pass. How a pass to be obtained. |
ACT CXXVIII. | |
| Imposition of 2 shillings per hogshead. | Edit. 1733 and 1752. |
| THIS present grand assembly of Virginia taking into serious consideration the burthensome and unequal way of laying taxes by the pole and how they | Purvis 90. ibid. [See vol. 1, p. 491, 523.] Preamble. |
| Various Readings | |
| (a) Master' in Northb. MS. 'person or persons' in Purvis. | |
| (b) After the word 'tobacco' the words 'to the secretary' inserted in Purvis, but they are not in the Northumberland MS. or any prior act on the subject. | |
| (c) The words 'that are due or owing from them' omitted in Northumberland MS. but they are in Purvis. | |
| (d) Instead of the words 'And further the person soe departing shall set up' which are in Northb. MS. the word 'or' is only inserted in Purvis. But the former is more agreeable to the previous laws on this subject. |
| may with most honour and ease support the government in well paying his majesty's officers and as meanes perhaps of introducing mony, and an incouragement to men to produce other usefull and benifitiall comodities have thought fit to impose two shillings per hhd. upon every hhd. of tobacco that shalbe shipped on board of any ship or other vessell within Virginia to be exported; and the collectors of the said imposition to dispose of no part thereof, but by order of the grand assembly only; Be it therefore ordayned and enacted by this present grand assembly and by the authority thereof, and it is hereby enacted that the master and masters of all and every ship or vessell comeing to trade in Virginia, shall upon demand made by the collector or collectors (who shall by order of assembly be impowered to receive the said imposition from every ship or vessell comeing to trade in Virginia) enter into security to pay such collector or collectors two shillings for every hhd. of tobacco that shall upon any account whatsoever be shipped on board his ship or vessell to be exported, the said payment either to be made in mony, bills of exchange, or goods at 30 per cent advance upon the price of such goods at the first penny; and all ffreighters to be accomptable to the said masters for the tobacco by them shipped: Be it also ordayned and enacted by the authority aforesaid for the discovery of the number of hogsheads each ship or vessell containes, that the master of such ship or vessell shall deliver his boatswaines booke to the perusuall of the collector and make oath of the truth of the same soe farre as he knoweth; and that the mate, boatswaine or any other seaman be sworne if the collector see cause to discover the truth of the said ffreight. And if any master of shipps or vessell shall wittingly or willingly conceale any part of his ffreight from the collector and shall thereof be lawfully convicted, then the said master shall forfeite for every such offence the summe of one hundred pounds sterling, one moyety thereof to goe to the informer and the other to the publique, and be recovered by action of debt, bill or plaint in general court or county court by vertue of this act against which noe escoynes, wager of law or protection to be allowed to any person soe offending. Be it further enacted or ordayned that if any masters shall passe bills of exchange for the said | Duty of 2 shils. imposed on every hhd. of tobacco ship'd from
Virginia. Masters of vessels to give security for payment of duties. How payment may be made. Freighters accountable to masters. How the number of hhds. ascertained. Pen'ty for concealing quantity of tobacco. If duty be paid in bills of exchange, the collector to take security. |
| imposition, that then the collectors are hereby required to take suffitient caution of the said master for the true and good payment of the same. It is hereby also ordained and enacted that the collectors of the severall rivers and places in Virginia for the receiving the said two shillings per hogshead be appointed and confirmed by this present grand assembly and give suffitient security and caution for the due execution of the trust hereby reposed in them, and to be accomptable to the next assembly according to the tenor of this act; and the said collector to be allowed ten per cent sallary for collecting the said imposition; Provided always, and it is hereby ordained and enacted by the authority aforesaid that this present act of assembly be and remaine in force. | Collector to be appointed by the assembly. To give security. Commission. |
ACT CXXIX. | |
| Every inhabitant in Northumberland and Westmoreland to give an accompt how many hogsheads of tobacco they made, and to whome sold. | Edit 1733 and 1752. |
| WHEREAS the imposition of two shillings per hogshead cannot conveniently be levyed upon masters of ships that come into Potomack river by reason of their anchoring in the dominions of the Lord Baltemore whence they send their sloops and boats to fetch the tobacco made in this country without paying the said imposition, Be it therefore enacted that every planter inhabiting in the counties of Northumberland and Westmoreland shall certify into the collectors office, or unto his deputy the number of hogsheads of tobacco made by him and his family, and to whome they are sold, and shall not suffer any of the said hogsheads of tobacco to be carryed out of his house untill he receive certificate from the said collector that the imposition of the tobacco is paid, and if any planter shall contrary to this act suffer any of his tobacco to be carryed aboard any ship, boate or sloope without such certificate, then the said planter to be fined twenty shillings for every hogshead soe carryed away without certificate as aforesaid. | Purvis 92. Duty on Tob'o in Northb. on acc't of their contiguity to Maryl'd to be paid by the planters before removed. |
| Whereas the like inconveniencies are incedent to Northampton county and lower Norfolke in recovering the imposition of 2 and ten shillings per hogshead as to the river of Potomack by reason of the transportation of much of the tobacco made in those places in sloopes to Marryland, Be it enacted that the provisional act made the last assembly for payment of those duties in Potomack river extend and be in force in the said counties of lower Norfolke and Northampton; and that the collectors appoint certaine persons to take accompt of the planters according to the tenour of the said act. | Same law extended to Northm'ton & Lo'er Norfolk. |
ACT CXXX. | |
| Payment of ffort duties in Accomack, &c. | Edit. 1733 and 1752. |
| WHEREAS there is an act of the last assembly providing for the securing the payment of two shillings per hogshead due to the country, but noe provision made therein for the securing the payment of the fort duties of Potomack, Accomack and Lynhaven from whence they ffetch their tobacco in sloopes; Be it enacted that the said act shall extend as well to cause the planters loading it, to reserve and make payment of three pence per hogshead for fforte duties of the said tobacco, as for the payment of two shillings per hogshead. | Purvis 93. (See an. p. 23) Three pence per hhd. for fort duties, payable in Accomack, Potomack, &c. |
ACT CXXXI. | |
| Ten shillings per hogshead. | Edit 1733 and 1752. |
| WHEREAS the prudence of all nations hath provided for the defraying the publique necessary charges of the country rather by laying an imposition upon the adventurer for the staple comodity of the country by the exportation of which the greatest advantage accrewes, then by taxing the persons of the inhabitants; this present grand assembly endeavoring as much in them lye to ease the burthen of the people, and taking into consideration the great benefitt that accrewes to other countryes by the customes arriseing | Purvis 93. [See vol. 1, p. 469, 536.] Preamble. |
| from our comodity tobacco, and that Virginia whose peculier staple it is, hath from it nor from the adventurers hither noe publique advantage, wee have thought it necessary and convenient, and accordingly have enacted and confirmed that all masters of ships, merchants and marryners trading to Virginia and not bound by charter-party to retorne and discharge in any of the English dominions in Europe shall pay for every hogshead of tobacco they shall load aboard any ship, barque or any other vessell, arriving here after the ffirst of August next, and soe bound as aforesaid, the summe of ten shillings sterling either in mony or bills of exchange with good caution or in good valuable comodityes at twenty five per cent advance; Provided always that all adventurers inhabitants of this country trading in bottomes belonging to Virginia owners, shall be free from the said imposition, it tending to the advancement of trade here, the incouragement of the inhabitants to purchase vessels and of marryners to make this their place residence. | Duty of 10s. sterling on every hogshead of tobacco exported &
shipped in a vessel not bound to any the English dominions in Europe. How payable. Own'rs of Virginia bottoms exempted. |
ACT CXXXII. | |
| Castle duties to be paid. | Edit. 1733 and 1752. |
| WHEREAS the Castle duties granted by his majestie to collonel ffrancis Morrison, captain of the ffort at Point Comfort, are rendred of noe value by the charge of a boate and hands going to collect them, and the inconsiderablenes of the comodityes as they are paid being commonly the refuse of their cargoe, Be it therefore enacted that all masters of ships or other vessels being thereunto required by the officer appointed by the said collonel Morrison shall give in a true burthen of their ships or vessells and the list of their passengers at such convenient places, and to such persons as the said collonel Morrison shall in each river appoint, upon oath to be administred by his said collector or officer, if a commissioner, or else by any one or two commissioners; and if any master shall make false entry either of his burthen or list of passengers, then he shall upon proofe thereof made pay treble duties for the number of passengers or quantity of tuns concealed, the same to be recovered out of the estate | Purvis 94. [See vol. I, index tit. 'Castle Duties.'] Masters of ships to give an acc't of the burt'n of their vessels & a list of passengers to the collector of the Castle duties. Penalty. |
| of the master soe offending; and the like penalty upon all such masters as shall without comeing into harbour fetch away their loading in sloopes and boats, and what master soever shall not pay his duties in kind being halfe a pound of powder, three pounds of leaden shott per tun and six pence per poll for every person imported not being a marryner, that then he shall pay in leiw thereof one shilling per tunne, and the said six pence per poll either in mony or in good goods as they cost at the ffirst penny, and that the collector thereof transmitt the said entries of ships and passengers under the hand of the said masters to the said collonel Morrison to be by him recorded in his fforte books, as formerly hath been accustomed. | Castle duties, 1-2 a lb. of powder, & 3 lb. of leaden shot per ton, & 6d. a head for passengers; or 1s. per ton in lieu thereof, besides the 6d. per head. |
ACT CXXXIII. | |
| Ships to come up to James Citty. | Edi. 1733 and 1752. |
| WHEREAS the kings majesties frequent instructions hath commanded that all masters of ships arriveing in this country should before they breake bring up their ships to James Citty, which by reason of the seating of the inhabitants in divers rivers cannot without much prejudice to the said masters extend to all parts of the country yet that his majesties comands may as much as in us lyeth be effectually obeyed; Wee the governor councell and burgesses of this grand assembly have thought fitt to enact, and be it enacted by the authority aforesaid that all ships whatsoever arriving in James river doe accordingly with the ffirst faire wind and weather after their arrivall bring up their ships to James Citty and there make entry of their ships, take out lycense to trade and performe such other things as they shalbe there certifyed the lawes of this country doe enjoyne them. | Purvis 65. [See vol 1, index tit 'Jas. City.'] Vessels arriving in Js. river restricted to James City, as the sole port of entry. |
ACT CXXXIV. | |
WHEREAS some doubts have risen about the priviledge of Virginia owners and their exemption from the payment of the duties of two and ten |
Pur. 95 & edit. 1733, 1752 and 1769. |
| shillings per hogshead. Be it enacted and declared that the said priviledge is granted only to the owners and adventurers in such vessels as solely and wholly belong to the inhabitants of this country and not to such persons as are only partners of vessells, whose other partners dwell in other countrys, and the governor be judge of such proprieties and certifie the same to the collectors. | Such vessels only, solely and wholly belong to inhabitants of this country, exempted from the export duty of 2s. 10s per hhd. of tobacco. |
ACT CXXXV. | |
| A publique Notary appointed. | Edit. 1733 and 1752. |
| WHEREAS for want of a publique Notary the certificates and other instruments to be sent out of this country, have not that credit given them in fforreigne parts as duly they ought; Be it therefore enacted that Henry Randolph, clerke of the assembly be authorized and sworne a publique Notary for this country, to whose attestation at home or abroad we desire all credence to be given. | Purvis 96. Hen. Randolph clk of the assembly apptd. notary public |
ACT CXXXVI. Propositions by the Governor and Secretary.* | |
| WHEREAS an antient practice of this country hath contrary to law and reason ignorantly vested the lands of persons intestate in the hands of administrators of whome diverse persons have purchased and held their lands by noe other title then such sales which can be of noe validity against the clayme of the king whome noe time can prescribe, and to whome (if an heire appeare not,) the land must of necessity devolve; and if the king should at any time give expresse order to an escheator to make inquiry into the titles we hold by, the said escheator cannot by | Preamble, reciting the ancient and illegal practice of vest'g
lands of persons dying intestate in their administrators. Such lands liable to escheat. |
| * The subject matter of this act is improperly placed in Purvis, under chap. XVIII of the acts of this session (see ante page 56 and notes) and it is not given as a distinct act. In the Northumberland MS. it is arranged as act (136) with the above title. |
| vertue of his office but find all such lands for the king, which wee ffrancis Morrison and Thomas Ludwell, who are at present instructed by his majesty's treasurer to make composition for all lands soe escheated to his majestie, taking into our serious consideration and out of our tender care of many poore men who by the losse of lands thus perhaps dearly purchased and honestly paid for and out of the sense of the many inconveniencies and greate damages would fall upon them by being outed of their possessions by the severity of a too rigorous escheator; and that on the other side wee might not seeme to debarre his majestie of his just rights, wee have thought itt convenient to propose a certaine rule for composition of all lands held by any pretended right two yeares by which while the power is in our hands we shall proceed, and if the assembly shall think it a favor wee shall joyne with them making it our request to major Henry Norwood, his majesty's treasurer to gett his majesty to confirme them that noe succeeding escheator may at his pleasure rigorously exceed these our moderate and reasonable demands. | Proposit'ns for compounding for the right of the crown in escheat'd land. | ||
| ffirst. Wee conceive (a) any person having bin two yeares in possession of any land that ought to have bin vested in his majesty by escheate shall pay for his composition one hundred pounds of tobacco for every ffifty acres besides the ffees for ffinding the office and drawing the conveyance. |
| ||
| 2ly. That every person having bin soe in possession two yeares shall have eight months time to petition for and make their composition, but if they deferre it longer and another sue for itt, and obtayne itt, they can impute the blame to nothing but their owne neglect. |
| ||
| 3ly. That where there is a widdow she shall enjoy the lands of her husband during her life and be admitted in the ffirst place to make her composition for the ffee simple in case she signify her desire within the time aforesaid. |
| ||
| 4ly. That all lands escheated before the time aforesaid the person concerned shall pay for his composition as aforesaid but all lands which shall hereafter lapse or which have lapsed within the two yeares last |
| ||
| Various Readings | |||
| (a) 'Concede' in Purvis. |
| past, the the composition to be made for with those by his majesty's treasurer authorised thereunto and that the widdow be admitted in the first place she making her clayme within eight months according to the proposition aforesaid. | |
ACT CXXXVII. Interpreters made for the country.* | |
| WHEREAS collonel John fflood hath long and ffaithfully served the country in the office of an interpreter and being now deceased, It is enacted that Tho: fflood, son to the said collonel John fflood be received in the place of his ffather and have the same sallary, and that Henry Newcombe be made interpreter for the northward. (a) | [See vol. I, p. 222, 328, 521.] Indians interpreters appointed. Col. Jn. Flood & Hen. Newcombe. |
ACT CXXXVIII. Concerning Indians.† | |
| WHEREAS the mutuall discontents, complaints, jealousies and ffeares of English and Indians proceed cheifly from the violent intrusions of diverse English made into their lands forcing the Indians by way of revenge to kill the cattle and hogs of the English made into their lands forcing the Indians by way of revenge to kill the cattle and hogs of the English, and by that meanes injuries being done on both sides, reports and rumours are spread of the hostile intentions of each to other, tending infinitely to the disturbance of the peace of his majesty's country; and whereas the laws prohibiting the purchase of any Indians lands unles acknowledged at Generall courts or assemblys by reason it is as easy to affright them to a publique as well as a private acknowledgment are made fruitles and ineffectuall, corrupt interpreters often | This act appears to be a digest of the former laws, relating to the Indians,
which are very numerous. [See vol I, ind. tit. 'Indians.' Preamble. |
| Various Readings | |
| * This is placed as act CXXXVIII in Purvis, but the arrangement as here given from the Northumberland MS. is the most natural. | |
| (a) 'Norwood' in Purvis,'Northward' in Northumb. MS. | |
| † This is arranged as act CXXXVI, in Purvis. |
| adding to this mischeife by rendering them willing to surrender when indeed they intended to have received a confirmation of their owne rights, and redresse of their wrong, which mischiefe had they continued must needs have involved the country into an inevitable and destructive warre, ffor remedy of which inconveniencies, and that for the future equitable peace may be established, The governor, councell and burgesses out of their tender care of justice and the peace of this his majestys country have enacted, ordayned and confirmed, and doe by these presents, enact, ordaine, and confirme that for the future noe Indian king or other shall upon any pretence alien and sell, nor no English for any cause or consideration whatsoever purchase or buy any tract or parcell of land now justly claymed or actually possest by any Indian or Indians whatsoever; all such bargaines and sales hereafter made or pretended to be made being hereby declared to be invalid, voyd and null, any acknowledgement, surrender, law or custome formerly used to the contrary notwithstanding; and further that the Indians proprieties of their goods be hereby assured and confirmed to them, and their persons soe secured that whoever shall defraud or take from them their goods and doe hurt and injury to their persons shall make such satisfaction and suffer such punishment as the laws of England or this country doe inflict, if the same had bin done to an Englishman. | No Ind'n king or other to sell, or English to buy any lands
claim'd or possessed by Indians. All such contracts void. Persons & property of Indians secured. |
| And be it further enacted that what Englishman hath already contrary to the laws formerly in force for surrendering and acknowledgeing Indians lands made incroachments or seated upon them shall (if they make noe good proofe of their title upon complaints made) be by order directed to the sherriffe to execute, removed from their seates of land thus wrongfully incroached, and all houses by them built upon the said lands be demolished and burned. | Eng. who have encroached on the Indians contr'y to law to be removed and their houses demolished. |
| And be it further enacted that all Englishmen haveing by surrenders made at quarter courts or assemblyes procured a coulorable right to any land by the said English now seated within three miles from any Indians, for prevention of the injuries done to the Indians by the said Englishmens hoggs and cattle shall, send such number of hands as there shalbe appointed by | English seated near the Indians to assist them in fenc'g in a corn field. |
| commissioners to be authorized by the governor to helpe the Indians to ffence in a corne ffield proportionable to the number of persons the said Indian towne doth consist off, and that after such fence once made suffitiently according to act of assembly if the Indians keepe it not in repaire what damages soever they shall afterwards susteyne shalbe at the hazard and sole losse of them the said Indians. | |
| And be it further enacted that for the better releife of the poore Indians whome the seating of the English hath forced from their wonted conveniencies of oystering, ffishing and gathering tuckahoe, cuttyemnions (a) or other wild fruites by which they were wonted for a greate parte of the yeare to subsist, Be it therefore granted, enacted and confirmed that the said Indians upon addresse made to two of the justices of that county they desire to oyster or gather wild fruite in, as aforesaid, they the said justices shall grant a lycense to the said Indians to oyster or gather fruites as aforesaid provided the said justices lymitt the time the Indians are to stay, and the Indians bring not with them any guns or ammunition or any other offensive weapon but only such tooles or implements as serve for the end of their comeing; and if any Englishman shall presume to take from the Indians soe comeing in any of their goods, or shall kill, wound or maime any indian, he shall suffer as if he had done the same to an Englishman, and be fined for his contempt. | Indians may be licensed, by 2 justices to oyster, fish and gather
wild fruit; provided that they come unarmed. Englishmen molest'g them to be punished as for similar injuries done the whites. |
| And because many underhand and unlicensed traders doe truck and trade with the Indians, contrary to the act of assembly, and to the greate prejudice of all such as legally procure comissions from the governor, under pretence that the things trucked for be given them by the Indians, Be it therefore enacted that what person soever shall upon any pretence whatsoever buy, take, or receive anything or comodity from any Indian shall upon proofe thereof at any court be ordered to pay treble the value of the thing received to the person injured thereby. | No person to trade with the Indians with't a license. |
| And because sometimes differences may arise betweene the Indians and those they trade with, which if | Differences between licensed |
| Various Readings | |
| (a) 'Cortenions' in Purvis. |
| wee should proceed by the way of arrest might tend much to the disturbance of the peace of the country, Be it therefore enacted that any comitionated trader haveing a difference with any Indian king or other shall repaire to the governor or such other as he shall appoint to determine the matter in controversie betweene them. | traders & Indians to be decided by the gov. or person appointed by him. |
| And because the imprisonment of an Indian may bring a warre upon the country, and consequently the making of peace and warre wrested out of those hands it is by his majestys comission intrusted into the power of every individuall in the country, Be it therefore enacted that noe person of what quality soever presume to imprison any Indian King without spetiall warrant from the governor and two of the councell as they will answer the contrary at their utmost perill. | No person to imprison an Indian king with't special warrant from the gov. and 2 of the council. |
| And because this act cannot be put into execution without commissioners to view the present bounds of the English and Indians, Be it therefore enacted that the honorable governor be desired and authorised to appoint uninterested commissioners to goe with parties of horse to the severall Indian towns, and there to proclaime these and the following articles of peace betweene us and the Indians, to settle the bounds betweene us, and to appoint others of the most integrety to ffix the time and assesse the worke to helpe the Indians ffences, and all other things by this act enjoyned; and for prevention of ffuture intrenchments beyond the bounds once fixed, Be it further enacted that the governor be desired and authorized to commissionate certaine persons annually to visitt the same and to take care that noe intrenchments be henceforth any further (a) made upon the Indians; and because an intervall betweene the Indians and English (b) cannot in the present neernesse of seating be soe laid out as may wholly secure the English from the Indians comeing in and pilfering things from them if a free intercourse be admitted, Be it therefore enacted for prevention thereof and to the end that the nations may be distinguished and soe if they are taken in the manner of doing any injuryes the sufferers know to what kings to addresse | Bounds between the Indians and English to be fixed by commissioners: And viewed annually. |
| Various Readings | |
| (a) The words 'any further' omitted in Purvis. | |
| (b) The words 'and English' omitted in Purvis. |
| themselves for remedy, that badges (vizt.) silver plates and copper plates with the name of the towne graved upon them, be given to all the adjacent kings within our protection. And that all the said kings give it in charge to their people that none of them presume upon what occasion soever to come within the English bounds without those badges upon them or one with a badge in their company, and if any damage or injury be done to any Englishman by them or any of them, that then the king or great man of the place the badge denote shalbe answerable for itt; and if any shall notwithstanding this injunction be found in our bounds without any such badge or not accompanied with one that shall have them, that then it shall be lawfull for any Englishman to apprehend and (a) carry him or them before any justice of the peace who shall keepe him or them in safe custody untill their king or greate man ransome them by paying one hundred armes length of rohonoake for each Indian soe taken, to be disposed of by the publique; provided alwayes that if any English shalbe found or proved to have taken away any of their badges, thereby to make the Indians guilty of breaking this law that then the person soe offending shalbe set in the pillory two howres in the court day in the county where they have comitted the offence with their fault in greate letters written upon them, and to be fined five thousand pounds of tobacco to the use of the publique, and in case of disability six months in prison without bayle or mainprize. | Badges of silver & copper plate to be furnished to the
neighbouring Indian kings; and no Indian to come within the English bounds with't a badge, or
with some Indian who has one. Indians com'g with't badges how dealt with. Penalty on English taking away Indian badges. |
| And be it further enacted that all Indian kings tributary to the English when they have the least notice of any march by any strange Indians neer our quarters shall repaire themselves or at least send some one of theire greate men to the next of the militia, which shall be nominated and appointed by the governor for that purpose, and acquaint him with as much as they know concerning the nation, the numbers and which way they conceive they will bend their course, and if they then shall desire any ayd from us to secure them, that a party be presently sent out by the collonel of the militia to that purpose, which by this our assistance and reciprocall | Indians kings tribut'y to the Engl'h to give information of
approaching hostile Indians. Assistance how furnished. |
| Various Readings | |
| (a) The words 'apprehend and' omitted in Purvis. |
| care will make them and us have an equall interest in each others preservation while on the other side wee being ignorant of the marches of fforreigners impute all damages wee receive, which is then comonly most, to our neighbours how innocent soever. | |
| And be it further enacted that if any Indian by the inveighling of any English or of his owne will shall without leave of the king or greate man of the place come within the bounds lymitted them, and there procure harbour or entertainment it shall be lawfull for any other Englishman to take the said Indian and convey him to his towne to be punished and to recover of the Englishman that harboured or entertained him soe much per day as by the law for entertaining other runawayes is recoverable. | Penalty on Englishman, for harbor'g Indians, coming in without leave of their king. |
| And be it further enacted that what Englishman, trader, or
other shall bring in any Indians as servants and shall assigne them over to any other, shall not
sell them for slaves nor for any longer time than English of the like ages should serve by act of
assembly. And because heretofore many entertained Indians by lycence of perticular persons who did much damage to the neighbours, Be it therefore enacted that noe person of what quality soever shall entertaine any of our neighbouring Indians as servants or otherwise unles by a lycense procured from the governor himselfe upon their obligation that desire it to be answerable for all the injuryes and damages that the Indians by them entertained shall doe to any English. |
No Ind'n bro't in as a servant shall be sold as a slave or for a
longer time than English of like age are bound to serve. Nor shall any person retain an Indian as a servant with't licence from the governor. |
ACT CXXXIX. | |
WHEREAS by a former act of assembly clerkes of courts were made uncapable of recovering their ffees after they had bin two yeares due, Bee it enacted that the said act be repealed, and that all their |
[See vol. I, index ti. 'Fees'] Former act limiting recovery of clks' fees to 2 years repealed; and time extended to 3 years. |
| Various Readings | |
| * This act is numbered CXXXXVII in Purvis, with the title 'Clerks fees to be paid.' −− It is here placed as in Northumb. MS |
| accounts shall be three yeares pleadable, and that hereafter all sherriffes and collectors shall either receive distreyne for or secure by bill, all secretary, clerks of courts accounts delivered them and they be allowed ten per cent for what is received and five per cent for what bills are taken, and the sherriffe or other collectors not receiving or securing as aforesaid to be responsible for the accompt omitted; Provided that the said sherriffe or collectors shall not be lyable for the accompt of any person removing out of the county before the laying the levy unles they receive the levies or sherriffes ffees, and then to be accomptable for the clerkes ffees also; provided also that the clerks deliver or send their accompts attested under their hands to the said sherriffes or collectors within fowre dayes after laying the levyes in their several counties. | Sheriff's commissions. For what fees responsible. | |||||||||||||||||||||||||||||||||||||
| The Secretaries ffees. | ||||||||||||||||||||||||||||||||||||||
| BEE it enacted and confirmed that the secretaries ffees bee as followeth, vizt. | Secretarys' fees. | |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
| Various Readings | ||||||||||||||||||||||||||||||||||||||
| (a) 'For entering a petition. 0006,' omitted in Purvis. | ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||
| County court Clerkes fees. | ||||||||||||||||||||||||||||||||||||
| BEE it also enacted that the clerke of the county courts ffees be as followeth, vizt. | County court clerks' fees. | |||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||
| The clerke of the assemblyes ffees.* | ||||||||||||||||||||||||||||||||||||
| BEE it also enacted by this present grand assembly that the clerke of the assemblyes ffees be as followeth, vizt. | Clerk of Assembly's fees. | |||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||
| Various Readings | ||||||||||||||||||||||||||||||||||||
| (a) 'For swearing a jury, 0015,' omitted in Purvis. | ||||||||||||||||||||||||||||||||||||
| * In Purvis, the fees of the clerk of the assembly are placed after those of the sheriffs. | ||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| BEE it also enacted that the sherriffes ffees be as followeth, vizt. | Sheriffs' fees. | |||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| Whereas some of the sherriffes ffees upon execution have heretofore seemed to be arbitrary, this assembly have thought fitt to ascertaine them, and to enact that hee shall have for summoning every apprizer ten pounds of tobacco and the apprizers thirty pounds of tobacco per cause, if they finish itt in one day, and thirty per day if they are longer about it. | Sheriffs' fees summoning appraisers; & their fees on executions. | |||||||||||||||||||||||||||||||||
| Various Readings | ||||||||||||||||||||||||||||||||||
| (a) '15' in Purvis, '005' in Northumberland MS. which agrees with the act in vol. 1, p. 465. | ||||||||||||||||||||||||||||||||||
| ACT CXL.* | |
| WHEREAS the body of the lawes now digested into one body cannot
suddenly be transmitted into several counties, It is enacted that the lawes made by this
assembly begin to be in all force the first day August next, by which time all courts may have
them and publish them in their severall counties, and that in the interim the former acts remaine
in force; but after shalbe for ever repealed; and because it is necessary to have one booke of
records fairely drawne which as the originall may be the true test of any pretended errors,
it is desired that the governor and speaker would please to peruse the same, when these acts
shalbe fairly written in it, and are by this assembly authorized to signe it, and that booke to
be accounted the originall record of the country, and to remaine in the hands of the clerke of
the assembly.
|
Operation of laws passed at this assembly suspended till the 1st
of Aug until then the former acts to rem'n in force, and then be wholly repealed. Gov & speak'r to sign MS. copy of the laws as for a standard of authority. This book to be accounted an original, & rem'n with the clerk of the assembly. |
| ACT CXLI.† | |
| BEE it enacted that the committee appointed by the ffirst session of this assembly be continued with the like power than granted them, and that captain Robert Wynn speaker, and major Edward Griffith be added in the roome of the honorable Nathaniel Bacon, Esq. now of the councell, and Mr. Henry Soane then speaker now deceased. | (See ant. p. 31) Publ. committee continued. Vacanc's supplied. |
|
| |
| Be it enacted that this assembly be adjourned untill the 23d of March next. | Adjournment of assembly. |
ACT CXLII.‡ | |
| ORDERED that a copy of the lawes made and confirmed be sent to the honorable Sir William Berkeley into England and that he be requested to | A copy of revised laws to be sent to sir Wm. Berkeley. |
| Various Readings | |
| * This act wholly omitted in Purvis. | |
| † This act wholly omitted in Purvis. | |
| ‡ This act wholly omitted in Purvis. |
| procure his majesties royal confirmation; and it is further ordered that after they be confirmed the said honorable Sir William Berkeley be pleased to deliver them to the assignee of Henry Randolph clerke of the assembly to be printed to whome and his heires and assignes sole lycence is granted to print them for ten yeares next ensueing; and in case any other person then the said Randolph shall cause them to be printed and brought into this country of Virginia such books shalbe all forfeited and the person bringing them in to sell shalbe fined twenty thousand pounds of tobaccoe to the use of the publique. | in Eng. for the king's confirmation; after which to be deliv'd to
assigns of Henry Randolph to be print'd who are to have sole license of printing them for 10
years. Penalty on others for printing or selling. |
| PASSED in the absence of Sir William Berkeley, who was then in England. | |
| |
| (Note to Edition of 1733, 1752, & 1769.) |
| Pages 103-123
| Pages 149-162
|