Pages 303-325 
|  Pages 341-365
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| Pages 303-325
| Pages 341-365
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| *AT A GRAND ASSEMBLIE HELD ATT JAMES CITTIE | |
| BY PROROGATION FROM THE ONE AND TWENTIETH DAY OF SEPTEMBER, IN THE YEARE OF OUR LORD 1674, TO THE SEAVENTH DAY OF MARCH, IN THE EIGHT AND TWENTIETH YEARE OF THE REIGNE OF OUR SOVERAIGNE LORD CHARLES THE SECOND.  ACT I. |
Sir W. Berkeley, governor. |
WHEREAS this grand assembly hath taken into sad and serious consideration the sundry murthers, rapines and many depredations lately comitted and done by Indians on the inhabitants of this country, and the greate danger the ffrontier counties are exposed to by the ffrequent incursions of Indians, for prevention whereof, and discovering the murderers, their |
Purvis 196 and Edit. 1733 and 1752. Preamble. |
| Various Readings | |
| * The commencement of the acts of this
session taken from the Ch. City & P. Rand. MSS. which agree verbatim. −− In
the editions of 1733 & 1752, it is, 'At a GRAND ASSEMBLY held at James City, by prorogation from
the twenty-first day of Septem. 1674, to the seventh day of March, 1675, in the twenty-eighth
yeare of the reign of our sovereign lord king Charles II.' −− In the Northumberland
MS. 'Att a Grand Assembly holden at James City the 7th of March 1675 Annoq. Regni Rs Caroli scdi
27th.' −− In Purvis, 'At a Grand Assembly held at James City the 7th day of March
1675-6.' −−− That this was a session of March 1675-6, appears probable from the weight of authority and from the date of the reign of the king, as mentioned in the Ch. City and P. Rand. MS. and in the editions of 1733 and 1752; all of which state it to have been in the 28th year; whereas the session 1674, was in the 26th, from which it would seem that no assembly was held in 1675. |
| ayders and abetters for a full and effectuall satisfaction to be taken for them and the future security of the country, Be it enacted and ordained by the governour, councell and burgesses of this grand assembly and the authority thereof, that a warr be declared and effectually prosecuted against all such Indians who are notoriously knowne or shalbe discovered to have comitted the murthers, rapins and depredations aforesaid, their fautors (a) ayders and abetters, and against all other suspected Indians who shall refuse to deliver us such suffitient hostages, or other security for their fidelity and good affection to the English as shalbe required, and that shall refuse to be ayding and assisting us in discovering, persueing, and distroying those our enemies, And further be it enacted by the authority aforesaid, that the charge of this warr be susteyned by the whole country. And whereas it is considered wee are to warr with an enemy whose retirements are not easily discovered to us, soe that a fflying army may not be soe usefull at present, Bee it therefore further enacted by the authority aforesaid, that five hundred men (aquarter part whereof may be horsemen) be drawne out of the midland and most secure parts of the country be entred into standing pay and placed on the heads of the rivers and other places fronting upon the enemy, and garrisons at certaine fforts and places hereafter named (that is to say) thirty ffower men out of Northumberland county, twenty five men out of Middlesex (b) county be garrisoned at one ffort or place of defence on Potomack river at or neare John Mathews in the county of Stafford, of which ffort captain Peter Knight to be captain or cheife comander; one hundred and eleven men out of Glocester county to be garrisoned at one ffort or place of defence at or neare the ffalls of Rapahannack river, of which ffort major Lawrence Smith to be captain or cheife comander, eleaven men out of Glocester county aforesaid and forty one men | War declared against the Indians. Charge of war to be borne by whole country Num. of army. Where stationed. From what c'nties drawn; & who to command them. |
| Various Readings | |
| * The running title of the acts of this session in edi. 1733 & 1752 is, 'Anno vicessimo octavo CAROLI secundi regis.' | |
| (a) 'Fautors' in Ch. City and P. Rand. MS. | |
| (b) This is the first time Middlesex county has been mentioned. |
| out of the lower parts of New Kent county to be garrisoned at one ffort or place of defence between Yerburyes house and Chickahominy Indian Towne Landing on Mattapony river, whereof Coll Will. Claighborne, junr. be captain or cheife commander; sixty one men out of Yorke county to be garrisoned at one ffort or defensable place at or neare Mahixon upon Pomunkie river, of which ffort major George Lyddall be captain or comander in cheife; ffifty five men out of James City county to be garrisoned neare the ffalls of James River, at captain Byrds or at one ffort or place of defence over against him at Newletts (a) of which ffort leut. coll. Edward Ramsay be captaine or cheife comander; nineteene men out of Warwick county, nineteene men out of Elizabeth City county, and nineteene men out of Charles City county to be garrisoned neare the ffalls of Appamatuk river, at major generall Woods, or over against him at one ffort or defensable place at ffleets, of which ffort major Peter Jones be captain or cheife comander, fforty men in the county of Surry to be garrisoned at one ffort or defenceable place neare Richard Atkins upon the black water in the same county of Surry, of which ffort captain Roger Potter to be captaine or cheife comander; fforty men out of the countyes of the Isle of Wight, Nanzemond and Lower Norfolke to be garrisoned at Currawaugh alias New Dursly in the head of Nanzemond, in a fort or defencible place there, of which ffort capt. Edward Wiggins to be captain or cheife comander; And that one ffort or place of defence be between John Reddings and Pocamoke river, in the county of Accomack, or else where in that county, at the choice of the militia officers of those two countyes of Accomack and Northampton to be guarded by such horse and ffoote as they shall find needfull to be paid (when upon service) as those of the rest of the countyes, And be it further enacted by the authority aforesaid, that the ammunition for the aforesaid fforts or places of defence be thus apportioned, vizt. to the ffort in Potomack and in Stafford county, three hundred sixty six pounds of powder, and one thousand ninety eight pounds of | Apportionm't of ammunition. |
| Various Readings | |
| (a) 'Howlett's' in Ch. City and P. Rand. MS. |
| shott; to the ffort at the ffalls of Rappahanock ffower hundred and eighty pounds of powder and fforeteene hundred fforty three pounds of shott; to the ffort on Mattapony two hundred twenty eight pounds of powder, and six hundred eighty fower pounds of shott; to the ffort in Pamunki river two hundred and seaventy pounds of powder, and eight hundred and ten pounds of shott; to the ffort at the ffalls of James river, two hundred and fforty pounds of powder, and seaven hundred and twenty pounds of shott; to the ffort on Appamatock river two hundred forty three pounds of powder, and seaven hundred twenty nine pounds of shott; to the ffort on the Black water, in Surry county, one hundred and eighty pounds of powder, and ffive hundred and forty pounds of shott; to the ffort at New Dursley alias Currawaugh, one hundred and eighty pounds of powder, and ffive hundred and fforty pounds of shott; which said ammunition is to be and remaine as a magazeen in the severall fforts to be discreetly and orderly distributed by the captaine or comanders respectively, And be it further enacted by the authority aforesaid, that those countyes afore recyted, which send men to the fforts, send armes with them and provisions, that is to say, five bushells of shelled corne and sixty pounds of porke, or eighty pounds of beefe per head for fowre months, and soe from fowre months to fowre months provide duly, one month before every fower months expire, with necessary utensills to dresse their victualls in alsoe with axes, hoes, spades, sawes, wedges, and nailes what occasion requires, And that the capt. of every ffort be authorized to presse any other necessaryes which shall be needfull for the use of his ffort, that a Chirurgion be provided for every fforte, and that the collectors provide a convenient quantity of medicines and salves, &c. vizt. to the value of ffive pounds sterling for every hundred men, paying it out of the collection of two shillings per hogshead. And that these persons hereafter named, vizt. Coll. St. Leger Codd and major Thomas Brereton, or either of them in the county of Northumberland; coll. William Ball and leut. coll. John Carter, or either of them in the county of Lancaster; coll. Xpher Wormely and major John Burnham or any of them in Middlesex county, | Magazine. Men to carry provisions and tools with them, for four months. Power of impressment. Surgeons, medicines, &c. to be provided. Persons empowered to impress men and horses. |
| coll. ffrancis Willis, and coll. Philip Ludwell, Esqrs. or one of them in Glocester county; coll. Robert Abrahall and coll. John West, or one of them in the county of new Kent; coll. Nathaniel Bacon, Esqr. and major John Page, or one of them in Yorke county; Lt. coll. Edward Ramsey, major William White, and capt. Hubert ffarrell, or either of them in James Citty county; coll. Pritchard, leut coll. cole, and major Thomas Cary, or either of them in Warwick county; Lt. coll. Charles Morrison and captaine Anthony Armested, or one of them in Elizabeth Citty county; Lt. coll. Edward Hill and capt. Nicholas Wyatt or one of them in Charles Citty county; coll. Thomas Swan aad Leut. coll. George Jordan, or one of them in Surry County, coll. Joseph Bridger, Esqr. coll. John George and major James Powell, or either of them in Isle of Wight county; coll. Thomas Godwin, Lt. coll. John Lear and major Thomas Millner, or either of them in Nanzemond county; coll. Lemuell Mason and major ffrancis Sawyer, or one of them in Lower Norfolke, and the officers of the militia in the countyes of Accomack and Northampton if need be, for the fforte, there be commissionated by vertue hereof to issue forth their warrants directed to some discreet person or persons in their respective countyes, to make choise of the men and horse before lymitted in their countyes to be raised for their respective fforts aforesaid, and to impresse and provide the proportion of provisions and other necessaryes before alsoe recyted, and alsoe to take the care and charge of impressing sloopes, boates or other conveniencye of carriage to convey to all the respective fforts, whereunto they are designed, and that the county courts certifye the deserveings of those persons soe employed to the assembly where those accompts are to passe. And it is further enacted by the authority aforesaid, that the afore recyted commissioners, alsoe coll. William ffarrer and leut. coll. ffrancis Epes or one of them in Henrico County, coll. Nich Spencer and lt. coll. John Washington, or one of them in Westmerland county, coll. William Traverse and capt. Thomas Hawkins or one of them in Rapahanock county, coll. George Mason and Mr. James Austin or one of them in Stafford county be further commissionated when occasion shalbe to use Indians in the warre | Additional commiss'ners, to employ the Indians and give them
rewards. |
| and require and receive hostages from them, alsoe to provide one hundred yards of tradeing cloath to each respective ffort, that it be ready to reward the service of Indians, as hereafter in and by this act shall be provided. And be it further enacted by the authority aforesaid, that every footeman in standing pay be allowed after the rate of ffifteene hundred pounds of tobacco and caske per yeare, and every horseman for himselfe and horse after the rate of two thousand pounds of tobacco and caske; that captains pay be six hundred pounds of tobacco and caske per month, a leiutenants pay fowre hundred pounds of tobacco and caske per month, ensignes three hundred pounds of tobacco and caske the month, serjeants two hundred and ffifty, corporalls and drummers each one hundred and ffifty pounds of tobacco and caske the month soe long as they shall continue in service, together with all advantages allowed by the law of armes. And further, that due consideration shalbe had by the grand assembly of the indigent ffamilies of such as happen to be slaine, and of the persons and ffamilies of those who shalbe maimed and disabled in this warr. And if any horse shalbe killed or dye by reason of the service, the owner thereof shall be paid for itt; And for the better discovery of the enemies approaches, bee it further enacted by the authority aforesaid, that the horsemen in every garrison be commanded to range constantly betweene the garrisons till they meete if possible, that a constant intelligence be maintained betweene them, And the foote to be in action at the discretion of the comanders, for secureing the adjacent plantations, And that fowre Indians and noe more be admitted to belong to each ffort, and they rewarded with matchcoates for service. And it is further enacted by the governour, councell and burgesses of this grand assembly, and the authority of the same, that the principal comander or comanders of the counties adjacent to the respective fforts doe forthwith, after publication hereof, take an exact lyst of the remaining fforces of their counties, who are to be ready on all occasions to enter in to pay, and march to the releife of the fforts, and other occasions as the emergency of the service shall require, and as they shall from tyme to tyme be commanded by the governour, or such cheife comanders as he shall nominate | Pay to footmen and horsemen Captains. Lieutenants. Ensigns. Sergeants. Corporals' and drummers. Provision for the families of those slain. Owner of horses killed or dying to be paid. Duty of horsemen. Forces of each county to be enrolled. |
| and instruct to that end, And further if it shall happen any attempts to be made upon any ffort or plantation of ours by the Indians, that some comander besides the county comander before mentioned be by the honourable governour appointed in the parts adjacent to every ffort, who shall be authorized with the fforces before mentioned to be raysed, not only to releive and secure the fforts, plantations and inhabitants from the incursions and sudden assaults of the enemies, but alsoe if oppertunity present, pursue, follow and ffight them. And if any discovery shalbe made of any ffort, habitation or number of the enemy settled or fortifyed, that an account thereof be forthwith sent to the governour, and that noe attempt be made upon them by any comander whatsoever untill order shall come from the governour; and least any suddaine advantage or opportunity of attacquing the enemy be lost, that the governours honour be pleased to nominate a cheife comander over the whole armye to reside neare some of the fforts. And whereas coll. George Mason exhibited to this grand assembly a certaine agreement by him made with certaine Indians, vizt. that the young men shall goe in search of all murderers, and all other Indians enemies to the English, to be paid three matchcoates for every prisoner they bring in a live, and one matchcoate for the head of every one they kill; Bee it enacted by the authority aforesaid, that the said agreement shall be well and truly observed on our parts, and that those comissioners here before in this act named to take hostages may make the like agreement (if they can) with all other the neighboring Indians who shall be paid accordingly out of the store provided in the respective fforts as in and by this act before is mentioned; and to prevent disorder and lycentiousnesse whereunto armies are too much inclyned where good discipline is not observed. Bee it enacted by the authority aforesaid, that certaine articles rules and orders (being in number twenty six) to be observed and kept by the armye as well in garrison as in ffield, and are hereunto annexed be put in execution; and that any captaine of a ffort or other subordinate officer comanding a party be impowred to punish any the offences therein mentioned upon any of his or their company offending not extending to life or | How to be employed in case of sudden
invasion. Enemy not to be attacked with't orders from the gov'r. Premiums to Indians to engage in war. 3 matchcoats every live prisoner, and one for the head of every 1 killed. Articles of war to be adopted. |
| member, but that capitall and greate crimes be adjudged at a councell of warr; And it is further enacted that in goeing to churches and courts in those tymes of danger, all people be enjoyned and required to goe armed for their greate security, And for the abatement of the excessive charge, which upon our preparation for warr will unavoydably follow, that it may please the right honourable the governour, if by the timely victory over the enemy (through Gods assistanse, or manifest peace with them or otherwise it shall be thought fitt) to call in all or soe many of the forces now entring into pay as to him shall seeme convenient, that soe much as can be of the countryes ammunition and provisions may be spared, and the almost insupportable charge abated. | Arms to be carried to church. Power of the gov'r to disband the army. | ||
| And be it further enacted by the authority aforesaid, that if at any tyme dureing this warr any thing should fall out not in this act suffitiently provided for, that then, and in such cases, the honourable governour with such of the councell as he shall call unto him be, and hereby are requested to doe, act and command such further thing and things as to him and them shall seeme most convenient and as necessity shall require. | Gov. & council may supply defects of the law. | ||
| And finally whereas the successe of all humane actions depend upon the good pleasure of Almighty God, that wee humbly implore the divine assistance and blessing upon our endeavours in this warr, Bee it enacted that the last ffrydayes in Aprill and May next be sett a part as dayes of publique ffasting and humiliation, to be duly and sincerely solemnized throughout this country. | Fast days appointed. | ||
|
Articles of war (From C. City and P. Rand. MS.) | ||
| IF any shall blaspheme the name of God, either drunke or sober, shall for every offence runne the gantlett through one hundred men or thereabouts, either more or less, at the discretion of the commander, but he or they that shall willfully, notoriously and obstinately persist in this wickedness, shall be bored through the tongue with a hott iron. | For blaspheming the name of God, to run the gauntlet; and for obstinately persist'g, to be bored thro' the tongue with a hot iron. |
| 2. If any person or persons in the army shall deride or contemne Gods word or sacraments, they shall suffer and undergoe the aforesaid punishment. | The same punishment for derid'g God's word or sacrament. |
| 3. If any man shall offend Gods name by swearing or notorious drunkeness, and shall be thereof thrice convicted by his officer, and shall still obstinately persist therein, he shall after the third offence, and for every such offence afterwards ride the wooden horse half an hour with a musket tyed at each foote, and ask forgiveness at the next meeting for prayer or preaching. | For swearing or get'g drunk, to ride the wooden horse, &c. |
| 4. That publique prayers be duely read in the feilde or garrison every morning and evening, and he that shall upon the call of the drumm or other notice by order of the commander given, refuse or neglect to repair to the said place of prayer, preaching or reading of homilies or sermons shall be punished at the discretion of the commander. | Prayers to be read every morning and evening; penalty for not attending. |
| 5. That the commandes of the officers may be the better understood, that silence be kept whilst they are marching in the feild, and at the encamping and in garrison after the tartooes have gone about, upon the penaltie to be laid neck and heels during the space of one hour for every such offence. | Silence to be kept. |
| 6. That all officers and souldiers be obedient to the commander in cheife and the officers next under him, in whatsoever they shall command for the service of the king. | Obedience to officers. |
| 7. Whosoever behaves not himselfe obediently to the commander in cheife, &c. as aforesaid, shall have such punishment layd upon him as they shall think fitt, according as the person and fact is. | Punishm't for disobedience. |
| 8. If any shall offer to discredit these officers aforesaid, either by word or otherwise, and not be able to make good proof of it, shall be punished with greivous punishment at the discretion of the councill of warr. | For discrediting an officer |
| 9. Whosoever shall offer to lift up any manner of armes against the officers aforesaid, with an intent to hurt them shall be punished with death. | Death to lift up arms aga'st an officer. |
| 10. If any offers to strike them with his hand, whether he hitt or misse, he shall loose his right hand. | For strik'ng an officer to lose the right hand. |
| 11. If any souldier or officer serving either on horse back or foote shall offer any wrong, either in word or deed unto his superior officer, or shall refuse any duty | Punishm't for refus'g obedience to a superior officer. |
| comanded him, tending to his majesties service he shall be punished according to the importance of the fact. | |
| 12. If any shall do any hurt to them either in ffield or not, he shall be shott to death. | Death to injure an officer. |
| 13. He that shall draw his sword in any strength or ffort to do mischeife therewith, after the watch is sett, shall be punished with death. | Death to draw a sword in wrath. |
| 14. That noe man shall hinder the marshall or other officer in executing his office in punishing offenders upon paine of death. | Death to hinder marshal or other officer, from inflicting punishment. |
| 15. That noe souldier shall refuse to worke in any strength or fortification, or any place whatsoever, where he shall be commanded for his majesties service, upon paine of punishment. | Punishm't for refus'g to work in a fortification. |
| 16. And whosoever shall doe his majesties service slightly or lazily, shall first ride the wooden horse, and for the second offence ride the wooden horse and be restrained with bread and water, according as the fact shall be adjudged more or lesse haynous. | For refus'g to do service, to ride the wooden horse, &c. |
| 17. All officers shall dilligently see the souldiers ply their worke when they are commanded soe to doe, and hee that neglects his duty shall be punished att the discretion of the court martiall. | Officers to see that the men do their duty. |
| 18. No man shall presume to make an allarme in the campe or quarters, or shoote of his muskett in the night time upon pain of death. | Death to make alarm in camp or to shoot in the night. |
| 19. Hee that when warning is given for the setting of the watch, upon the call of the drum and trumpett, shall willfully absent himselfe without lawfull excuse, shall be punished with the wooden horse, or some other pennance, at the discretion of the comander, as the importance of the fact is. | For being absent at setting of the watch, punishable by riding wooden horse, &c. |
| 20. Hee that is taken asleepe upon the watch, either in any strength, trench or the like, shall be shott to death. | Death to be found asleep on post. |
| 21. Hee that shall be drunke upon the watch or place of centinell shall be shott to death. | Also to be drunk. |
| 22. Whosoever runns from his colours, and doth not defend them to the utmost of his power soe long as they are in danger, shall suffer death. | Also to desert colours. |
| 23. Hee that runns from his colours in the ffeild shall dye for it, and if any of his commanders or comrades shall kill him in the mean time, he shall be free. | And may be shot. |
| 24. If any English or Indian shall give private intelligence to the enemie hee shall suffer death. | Death to give intelligence to the enemy. |
| 25. Every one that shall not be content with such provision and quarters as shall be provided for him, either in the campe or garrison, shall be accounted a mutineere, and punished accordingly. | Mutiny defined and punished. |
| 26. Hee that sells, pawnes or imbezells his armes, or any ammunition whatsoever, or any axes, spades, shovells, &c. or other necessary instruments, shall for the first and second fault runne the gantlett att the discretion of the commander, and for the third be punished as for theft. | Punishm't for embezzeling arms, &c. |
ACT II. | |
| An act prohibiting trade with Indians. | Purvis 196 and Edi. 1733 and 1752. |
| WHEREAS the country by sade experience have found that the traders with Indians by their avirice have soe armed the Indians with powder, shott and gunns, that they have beene thereby imboldened, not only to fall upon the ffronteer plantations murthered many of our people and allarmed the whole country, but to throw us into a chargeable and most dangerous warr, and though good lawes have been made for prohibiting the tradeing with Indians for armes and ammunition, yet greate quantities have been yearely vended amongst them, for prevention whereof for the future, Bee it enacted and ordeyned, by the governour, councell and burgesses of this grand assembly, and by the authority of the same, that if any person or persons whatsoever within this colony from and after tenn days after this present session of assembly shall presume to trade, truck, barter, sell or utter, directly or indirectly, to or with any Indian any powder shott or armes, except only such as in, and by one proviso hereafter in this act to be appoynted and be thereof lawfully convicted shall suffer death without benefitt of clergy, and shall forfeite his or their whole estates, any act, law, usage or custome in any wise to the contrary notwithstanding, the other halfe to the informer. And be it further enacted by the authority aforesaid, that | Preamble. Death to sell arms or ammunition to Indians. |
| if any person or persons whatsoever, from and after the tyme before lymitted shalbe found within any Indian towne or three miles without the English plantations with powder, shott or other armes and ammunition, except one gunn and tenn charges of powder and shott for his necessary use, although he or they be not actually tradeing, trucking, bartering, selling or uttering to or with the Indians, he or they soe found, and thereof lawfully convicted shalbe adjudged guilty of selling and suffer accordingly. But forasmuch as wee are sencible that such Indians as are amongst us in peace, if they be not supplyed with matchcoates, hoes and axes to tend their corne and fence their ground, must of necessity perish of ffamine or live on rapine. It is further enacted, that it shall and may be lawfull for the county courts to nominate and authorize some sober persons to the number of five and noe more, in their respective counties to supply the neighbouring Indians (that are in amity with us and will come in and noe other) with such goods and merchandizes as Indians usually deale for (except powder, shott and armes by this act prohibited as aforesaid) at such reasonable rates and prizes as they and the Indian can agree, of which number to be nominated as aforesaid, none of the late traders with Indians nor any comissionated by them their ffactors, agents or servants be authorised, but that they the said Indian traders and every of them for the causes here before in this act recyted be, and are hereby from all manner of tradeing, trucking, bartering and dealing whatsoever with any Indian whatsoever utterly barred and excluded. And if any of the said late traders notwithstanding this prohibition shall truck, trade or deale contrary to the true intent and meaning hereof, and be thereof lawfully convicted, shall for the ffirst offence be fined to pay ten thousand pounds of tobacco, or suffer one yeares imprisonment without bayle or mainprise, for the second offence the ffine or imprisonment doubled, the third trebled, and soe forward. And be it further enacted by the authority aforesaid, that if any other person whatsoever not being of the number of five by the courts to be authorised as aforesaid shall presume to trade, truck, barter or sell to or with any Indian whatsoever, and be thereof lawfully convicted, shall for the first. | Felony to be found with them in any Indian
town. Commiss'ners to be appointed to furnish peaceable Indians with necessaries. Late traders excluded. Pen'ty on late traders for further dealing with Indians. Penalty on others, not authoris'd by the commiss'ners. |
| offence be fined to pay one thousand pounds of tobacco or suffer imprisonment one month, for the second offence double, the third treble, and soe forward, the one halfe of which ffines to the use of the publique, and the other halfe to the informer. | |
| And be it further enacted, that all and every person by the county courts to be authorised as aforesaid, shall in open court solemnly sweare upon the Holy Evangelist, that neither they nor any by their appointment shall directly or indirectly furnish or supply any Indian whatsoever, under any pretence whatsoever, with powder, shott, or armes that they and every of them shall and will use their utmost endeavours to find out and discover those that shall offend against this act, which said oath the justices in their respective court are hereby impowred to administer. Alwayes provided that it shall and may be lawfull for the capt. of any ffort or such other person or persons by the governours comission to this end impowred to deliver forth to those Indians (who are and shalbe actually engaged and listed in the service of this warr, now by Gods assistance to be undertooke) such quantityes of ammunition and armes as shall reasonably be thought to be usefull and to be expended by them in such their service and not otherwise, without impeachment, any thing in this or any other act to the contrary notwithstanding. | Oath to be taken by authorised traders, not to furnish arms &
ammunition to the Indians. Proviso, as to Indians employed by the whites. |
ACT III. | |
| An act prohibiting the exporting of Corne. | Edit. 1733 and 1752. |
| WHEREAS the countrys preparation for warr in likelyhood may cause a more then ordinary expence of provisions, it is therefore thought fitt, it be enacted, and it is by the governour, councell and burgesses of this grand assembly and the authority thereof, enacted and ordained, that noe corne or provisions from and after the fifth day of Aprill next, shalbe exported out of this colony under the penalty of two hundred pounds of tobacco for every barrell of corne, and double the price of any other provisions to be paid by the | Purvis 196. Exportation of corn and provisions prohibited. |
| party exporting itt: Provided neverthelesse, that it shall and may be lawfull for those who have already laiden any corne or provisions on board, and have purchased other to load the same within the tyme afore lymitted, but not afterwards, and the same soe loaded to export without impeachment, any thing in this act to the contrary notwithstanding. And it is further enacted, that this restraint continue till the last day of July next and noe longer. | Proviso, in favour of vessels laden. Continuance of act. |
ACT IV. | |
| An act for the naturalization of Christian Peterson. | Edit. 1733 and 1752. |
| WHEREAS at a grand assembly held at James Citty the 20th day of September, in the twenty third yeare of the reigne of our Sovereigne Lord King Charles that now is, and in the yeare of our Lord God 1671, It was enacted and ordained that any stranger desireing to make this country the place of their constant residence, might upon their petition to the grand assembly, and takeing the oathes of allegiance and supremacy be admitted to a naturalization, whereupon Christian Peterson, an alien makeing humble suite as aforesaid; Bee it enacted by the governour, councell and burgesses of this grand assembly, and the authority thereof, that the said Christian Peterson be, and is by vertue hereof, and the afore recited lawe, whereupon this is grounded, capeable of free traffique and tradeing, of takeing up and purchasinge, conveying, deviseing and inheritting of lands, tennements, and from henceforth be, and hereby is declared, deemed and holden, and in all constructions of law stated, vested and indulged with all priviledges, liberties and immunities whatsoever (relating to this colony) that any other naturall borne Englishman is capable of, according to the true intent and meaning of the said act. | (From C. City & P. Rand. MSS) Preamble. Christian Peterson naturalized. Entitled to all the privileges of a nat'l born Englishman. |
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| ORDERED that the late act for provideing armes and ammunition be putt into strict and effectuall execution, alsoe that the county courts and militia officers see the smyths accounts for fixing armes, be putt | Act for providing arms and ammunition to be strictly executed. |
| into the collection, and that they be paid according to the act. This assembly adjourned till the fifth day of October next, unless his honour see cause to convene itt sooner. | |
| Signed by Sir WILLIAM BERKELEY, Governor. AUGUSTINE WARNER, Speaker. | |
| Teste, | |
| JAMES MINGE, Cl. Assm. |
| Pages 303-325
| Pages 341-365
|