Pages 341-365 
|  Pages 387-406
|
| Pages 341-365
| Pages 387-406
|
| *AT A GRAND ASSEMBLY, BEGUNN AT GREEN SPRING | |
| THE 20TH DAY OF FEBRUARY, ANNO DNI. 1676-7, ANNOQ. REGNI RS. CAROLI. SCDI. XXIXth, &c.  To the high pleasure of Almighty God, and to the publique weale of this his majesties colony of Virginia, were enacted as followeth: ACT I. |
Sir W. Berkeley, governor. |
| An act of indemnitie and free pardon. | Purvis 197 and Edi. 1733 and 1752. |
| THE Kings most excellent majestie takeing into his gratious and serious consideration, that Nathaniel Bacon, junr. late of this colony, decd. with diverse other ill disposed persons, his complices and adherents had raised a rebellion and levyed warre against his sacred majestie in this his said plantation, being gratiously inclined and willing to extend his royall compassion to such of his subjects here, as had acted and beene guilty of, or should act in or be guilty of the said warre and rebellion, and sencible and repenting of their said disloyalty and disobedience to his | (Repealed by proclamation July 8th 1680) Preamble reciting the late revolution of Bacon: |
| Various Readings | |
| * The commencement as well as the acts of this session taken from the Northb. MS. −− In the Ch. City & P. Rand. MSS. the commencement is 'At a GRAND ASSEMBLY, begunne at Green Spring, the 20th day of February, in the twentie ninth yeare of the reigne of our most gracious sovereigne lord Charles the second, over England, Scotland, France and Ireland, king, defender of the faith, &c.' −− In the edi. 1733 and 1752. 'Att a GRAND ASSEMBLY begun at Green Spring, the twentieth day of February in the twenty ninth yeare of the reign of our sovereign lord Charles the second, by the grace of God, of England, Scotland, France and Ireland, king, defender of the faith, &c. Annoq. Domini 1676.' In Purvis it is stated to be 1676-7, which is the true date. See note to the end of acts of last session. |
| said majestie and government, and would humbly implore his majesties grace and mercy by returning to their duty and obedience, did thinke fitt to give and grant unto Sir William Berkeley, Knight, his majesties governour of Virginia, his gratious letters pattents under the greate seale of England, bearing date the tenth day of October, 1676, with full power and authority to his said governour for his said majestie and in his name to pardon, release and forgive unto all such of his said majesties subjects (other than the said Nathaniel Bacon) as his said governour should thinke fitt and convenient for his said majesties service, all treasons, fellonies, crimes, or misdemeanors by them or any of them committed, acted, or done, or which should be committed, acted or done by them or any of them, during or relateing to the said warre and rebellion, with full restitution to the persons, soe by the said governour to be pardoned, their heires, executors and administrators of their estates as well reall as personall. And whereas his said majestie by his said letters pattents, did further declare that his will and pleasure was, that all and every such pardon and pardons by his said governor to be granted pursuant to the power and authority given unto his said governour by his said letters pattents should be to all intents and purposes as good and effectuall in law, and should be pleadable and allowable in all his majesties courts before all and by all his majesties subjects, magestrates, and officers whatsoever, in as full and ample manner as if the same had beene granted by his said majestie, and had imediately passed under the great seale of England as by the said fore recited letters pattent (relation being thereunto had) may more fully and at large appeare. Now upon the humble petition of the house of burgesses, the right honourable the governour having taken just and serious consideration of the premisses, and to the intent of the greate and many troubles, discords and warres that have arrisen in Virginia by the said rebellion, and that divers of his majesties subjects | and the king's letters patent, to Sir William Berkeley, 10th of Oct. 1676, for granting pardons. |
| Various Readings | |
| * The running title of the acts of this session in edi. 1733 & 1752. is, 'Anno vicessimo nono Caroli secundi regis' |
| by occasion thereof, and other wayes are fallen into and are thereby obnoxious, to great and deserved paines and penalties out of an earnest and pious desire to put and end to all quarrells and disturbances whatsoever, that by occasion of the late and sad destraction have arrisen, or may arise betweene all or any of his majesties subjects, and to the intent that noe crime whatsoever comitted against his said majestie or government shall hereafter rise in judgment, or be brought in question against any of them to the least damagement to them, either in their lives, libertyes, estates or the prejudice of their reputation, by any reproach or terme of distinction, and to bury all seeds of future discords or remembrances thereof, as well in his majesties owne breast, as in the breasts of his majesties subjects, one towards another, and in the performance to the said governours complyance to a petition made to him from this assembly for his said majesties pardon, and according to a proclamation in that behalfe made and published by his said governour according to the tenor and contents of the aforementioned recited letters pattents, Bee it hereby enacted by the governour, councell and burgesses of this grand assembly, and it is hereby enacted; ffirst, that all manner of treasons, misprissions of treasons, murthers, ffellonies, offences, crimes, contempts and misdemeanors, councelled, comitted, acted or done since the ffirst day of Aprill, Anno Domini 1676, by any person or persons before the twentyeth day of this instant, ffebruary, other then the persons hereafter by name excepted, in such manner as they are hereafter excepted, by vertue or colour of any command, power, authority, comission, warrant or instructions from the said governour, Sir William Berkeley, or of or from any other person or persons whatsoever, deriveing or pretending to be derived mediately or imediately from the grand assembly in Virginia, held in June last, or of or from any convention or meeting assumeing the name of power of any assembly, or of or from any power, authority or comission whatsoever from the aforesaid Nathaniell Bacon, junr. late deceased, assumeing the authority, or reputed to be commander in cheife of all the forces in Virginia (by land or sea) or by any pretence warrant or command whatsoever from him, them, or any of them, | All treasons, murders, &c. since the 1st of Apr. 1676 pardoned, except as hereafter excepted. |
| or from any other person or persons whatsoever deriveing, or pretending to derive authority from them or any of them, be pardoned, released, and indemnified and discharged, and put in utter oblivion, &c. | |
| And it is further enacted by the authority of the said present assembly, and be it enacted by the authority aforesaid, that this said free pardon of indempnitie and oblivion shalbe as good and effectuall in the law to every of his majesties said subjects, in, for, and against all things which be not hereafter in this present act excepted, and foreprized as the said pardon indempnity and oblivion should have beene of all offences, contempts, forfeitures, causes, matters, suites, quarrells, judgments, executions, penaltyes and all other things not heretofore in this present act excepted and foreprized, had beene perticulerly and plainly named and expressed, and alsoe pardoned by expresse words and termes in their natures, kinds and qualityes requisite to have beene put in and expressed in this act of free pardon and indempnity and oblivion, notwithstanding the not nameing the perticuler persons by their proper names and christian names, and surnames, places of abode, and additions whatsoever. And it is further enacted by the authority aforesaid, that all and every the person and persons acting, adviseing, assisting, abetting and councelling the same, they, their heires, executors and administrators, (except as is before and hereafter excepted) be, and are hereby pardoned, released, acquitted, indempnifyed and discharged from the same, and from all paines of death and other paines, judgments, indictments, convictions, attainders, outlawries, penaltyes, escheates, forfeitures therefore had or given, or that might accrue for the same, and that all and every person and persons, their and every of their heires, executors and administrators shall have and enjoy all and every of their lands, tenements, hereditaments, goods, chattles, and other things forfeited, which doe or shall to his majestie appertaine, by reason of any offence herein before mentioned, and not hereafter in this present act excepted and foreprized. Provided alwayes, and it is the true intent and meaning of these presents, that this present act of pardon, indempnity and oblivion, nor any thing therein contained shall give noe other benefitt whatsoever unto | To be as effectual as if the parties were particularly
named. And to extend to aiders, abettors, &c. Nath'l Bacon, the younger, & others, dec'd except from the benefits of this act. |
| Nathaniell Bacon the younger, Edmund Cheesman and William Hunt, who were principall actors in the said rebellion, and are deceased, nor to Thomas Hansford, Thos. Wilsford, Wm. Carver, Wm. Drummond, James Crewes, John Johnson, George ffarloe, Thos. Younge, Thomas Hall, Henry Page, James Wilson, John Baptista, William Cookson and John Digby, nor any or either of them who were alsoe great ayders and assisters in the said rebellion and were taken in open armes, and before the country was setled were tryed and deservedly adjudged to death by the right honourable the governour and a councell of warre, and accordingly executed, nor to William West or John Turner who were alsoe taken in open rebellion, and accordingly tryed by a councell of warr, and adjudged to death, but before execution broke prison and are escaped, nor to William Rookins, who was taken in open rebellion, and accordingly tryed by a councell of warre and adjudged to death, but before execution dyed in prison, nor to Richard Lawrence, Thomas Whaley and John fforth, who were principall actors in the said rebellion, and are filed from justice, not dareing to abide their tryall, all which aforesaid persons were notorious actors and abettors in the aforesaid horrid rebellion against the kings majestie, but that they and every of them and their estates, reall and personall, shalbe, and are out of this present act excepted and foreprized, according to an act of this assembly for that purpose passed this present assembly, and alsoe except out of this present act Giles Bland, Anthony Arnold, Rich ffarmer, Richard Pomfrey, John Iles, Robert Jones, Robert Stokes, John Whittson and William Scarborough who were all lately convicted for horrid treasons and rebellions against his most sacred majestie, and all accordingly executed, (but Robert Jones,) which said severall persons and their estates are alsoe out of this present act wholly excepted and foreprized. Provided alsoe that this act nor any thing therein contained shall extend to give any other benefitt to Thomas Goodrich, senr. Benjamin Goodrich, Robert Holden, Thomas Gordon, Stephen Mannering, John Taylor, Anthony Hamilton, Richard Barton, Joseph Hardidge, and all those that were in the garrison in armes against the kings majestie and his governour and government here, with the said Barton and Hardidge, | also cert'n persons who were executed; and certain others who escaped. Certain other pers's excepted from pardon, for the reasons expressed. |
| and did not willingly and readily surrender up themselves when they were summoned thereto by captain Thomas Powell, nor to Richard Thomson, Dominick Rice, John Bagwell, William Potts, John Richens, Arther Long, Thomas Lushington, Robert Weekes, Charles Death, John Lawson, John Browne and Mathew Sadler, who were all notorious actors in the said rebellion, but that they and every of them shall suffer and undergo such paines, penalties and punishments not extending to life, as by an act or severall acts of the said present grand assembly, or by order or orders, awards or judgments of the right honourable the governour and councell already hath passed, or shall for that purpose passe, nor to James Lanquester who being an active rebell, was taken in armes and committed to prison in the height of the rebellion, and upon his submission and takeing the oath of allegiance, was by the right honourable the governour pardoned and released, and after that entered himselfe a souldier under the command of major Robert Beverley, and soone after run a way from his coullers and became an active rebell, and is since fled and escaped not daring to abide a legall tryall. | |
| Provided alsoe that Sarah Grindon, the wife (and was the attorney of Thomas Grindon) and Edward Phelps, who were greate encouragers and assisters in the late horrid rebellion, shall have noe other benefitt of this present act, but are and shalbe lyable to suffer and pay such paines, penalties and forfeitures, not extending to life, as by the next grand assembly, or upon a legal tryall before the right honourable the governour and councell shalbe thought fitt and convenient. Provided further, and it is the true intent and meaning of this present act, that this act nor any thing therein contained shall extend to pardon any of the persons whatsoever, who for their horrid rebellions deserved death, but by the mercy of the right honourable the governour and councell are banished out of this country, but the said persons and every of them are to departe out of the said government according to the order of banishment, and soe accordingly remaine, any thing in this act to the contrary remaine, any thing in this act to the contrary thereof in any wise notwithstanding. Provided likewise, and it is the true intent and meaning of this present act, that this act | Sarah Grindon & Edw. Phelps excepted from
pardon. Those banished, excepted from the benefit of this act. |
| nor any thing therein contained shall extend or be construed to extend, to give any other benefitt to Joseph Ingram, George Walklett, George Milner, and John Lawson, nor any other person or persons whatsoever (although they be not perticulerly named by their proper names or sir names in this act) that did beare any command in the service of the rebells during the tyme of the rebellion, and were in armes as commanders at the tyme when Wests point was surrendered, but that they and every of them be forever barred from bearing any office civill or military within this country, as is provided by an act of this present grand assembly, nor to restore any person or persons, any parte of his or their estates that was from them for their rebellion, or being ayders or assisters in the same, which was taken by order of the right honourable the governour, or by vertue of any lawfull comission by him granted, nor to pardon or remitt any fine or fines, any person or persons were fined by his majesties governour and councell since the first setting of this assembly for any offences comitted. Provided that this act nor any thing therein contained shall extend, or be any wise construed to give any benefitt or pardon to any person or persons that were in the late rebellion and displundered any loyall person or persons of his or their estates, or any parte thereof, or that gave command for the same, or being comander of any party, bore, or assumed any cheife comand and was present and in the house or place when such plundering was made and goods taken, or removed or that comanded or assumed any comand over any party or guards, which have taken, killed and destroyed any the stocks, cattle, sheepe, hoggs or other provisions of any of the loyall party or any parte of them, for the expence, use or provision of the said party or guard, or for their owne private expence, or hath destroyed and consumed by fire any of the houses or other goods of any loyall persons, or comanded the same to be done, or beene present and active in doeing the same; but that the said persons, and every of them soe suffering and endamaged, are left to take their remedy at law against any person or persons that have soe injuried them, any thing in this act to the contrary thereof in any wise notwithstanding, nor to give any benefitt to any servants who were | Act of pardon not to extend to those who were in command when
West's Point surrendered. Nor to such as plundered any loyalist; or destroyed any of their stock of cattle, &c. or burnt any of their houses; or commanded it to be done; nor servants; |
| ayders and assisters in the said rebellion, and by an act of this assembly are adjudged to make good the losse of tyme and damages done to their masters (or others) by leaveing their masters service and imbezelling goods, or otherwise damageing their masters or others, but that they shalbe lyable to make good such damages as by the said act of assembly for that purpose shalbe provided. And it is alsoe provided that notwithstanding this act, or any thing therein contayned, all such person and persons who for being actors in the late horrid rebellion, shall by the right honourable the governour, or such person or persons as shalbe by him authorized in the severall countyes of this colony be demanded to give security for their good behaviour according to his sacred majesties proclamation, shalbe enforced to give such security, and performe the matters enjoyned by the said proclamation, and the governours proclamation thereupon, any thing in this act to the contrary notwithstanding. | Nor to prevent those of whom security for good behavior may be required from giving the same. |
ACT II. | |
| An act of attainder, &c. | Purvis 198 and Edit. 1733 and 1752. |
| WHEREAS Nathaniel Bacon the younger, haveing by many false and wicked pretences drawn to his party, many other wicked and desolute persons within this his majesties collony of Virginia, and haveing together with some other his desperate accomplices plotted and contrived the ruine of this his majesties country, and to draw and persuade many of his most sacred majesties subjects from their due allegiance and obedience to his majestie, and the government under him established, under which this collony hath bin soe long happy and flourished, in order to which plotts and contrivances, the said Nathaniel Bacon junior, and his desperate accomplices in a most traiterous and rebellious manner, haveing putt themselves in armes and under pretence of the said Indian warr by threats and menaces of killing and destroying the whole grand assembly, haveing by force procured a commission to make the said Nathaniel Bacon generall for the said Indian warr, did in prosecution of | (Repealed by proclamation July 8th 1680.) Preamble, reciting the course pursued by Bacon. |
| the said traytorous and rebellious plotts themselves contrive and take most traiterous and rebellious oathes against and contrary to their allegiance to his most sacred majestie and with their armed men, and otherwayes did inforce many of his majesties subjects to take the same traiterous and rebellious oathes, and proceeded with his said armed complices to the seizing and imprisoning many of his majesties loyall subjects, and threatening his majesties governour and many of his loyall subjects with death, soe as they were inforced to depart from their habitations, whereupon the said Nathaniell Bacon did with the said wicked ayders and assisters, robb and dispoile many of his majesties subjects of their estates, and murthered and killed many of them; in the height of their monstrious rebellion, it pleased Almighty God of his infinite mercy and goodnes to this poore country, by a just and most exemplary death, to take the said Nathaniell Bacon out of this world,* and his said wicked accomplices still continueing their said treasons and rebellions against his sacred majestie, did prosecute the said rebellion, destroying their estates and endeavouring to kill and destroy many his majesties loyall subjects, untill God Almighty, by his infinite mercy and goodnesse was pleased soe to blesse the just endeavours of the right honourable Sir William Berkeley, his majesties governour of this colony, and the loyall party under his comand, that the said traitors and rebells were reduced to their allegiance, and enforced to submitt to | D'th of Bacon, |
| |
| * The death of Bacon has never
been satisfactorily accounted for. The total absence of any circumstantial detail of that event,
especially in a character so conspicuous, has given rise to a conjecture that he, and
Cheesman and Hunt, two of the principals who seem to have shared the same fate, fell by the hands
of some assassin employed by the government. That the family of Bacon was respectable appears from the high offices which had been held in Virginia by those of his name, for many years, prior to his death; and that he himself was a man of no inconsiderable fortune, may be inferred from a perusal of the case of Jason v. Elizabeth Jervis, widow, and others, reported in 1 Vern 284. After Bacon's death, his widow intermarried with one Jervis, who appears also to have been dead with the above suit was brought before the high court of chancery in England. −− The subject in controversy was a contract for land, in England, sold by Bacon for £ 1200 sterling, which, at that period, would be deemed a valuable estate. See 1 Vern. 284, Raithby's edition. |
| the right and good government established by his most sacred majestie. And whereas the said Nathaniell Bacon the younger died in open rebellion against his most sacred majestie, and Edmund Cheesman a principall ayder and abetter with the said Nathaniell Bacon in the said rebellion, being taken in armes and brought prisoner dyed before his tryall, and William Hunt, another principal ayder and abetter of the said Nathaniell Bacon, dyed alsoe before the rebells were reduced to their allegiance to his majestie by which said meanes the said Nathaniell Bacon, junr. Edmund Cheeseman and William Hunt have escaped their due and just demerritts for their wicked and unheard of treasons and rebellions; Bee it therefore enacted by the governour, councell and burgesses of this grand assembly, and the authoritie thereof, that the said Nathaniell Bacon, junr. Edmund Cheesman and William Hunt, and every and either of them shall by vertue of this act be adjudged to be convicted and attainted of high treason to all intents and purposes, as if they and every of them had been attainted respectively in their lives. And whereas alsoe Thomas Hansford, Thomas Wilsford, William Carver, Wm. Drummond, James Crewes, John Johnson, George ffarloe, Thomas Hall, Thomas Young, Henry Page, James Wilson, John Baptista, William Cookson and John Digby, all notorious actors and confederates with the said Nathaniell Bacon, junr. in the said rebellious and treasons, and endeavoured to continue the same after his death, who were some of them taken in the height of, and all of them taken in open rebellion against the kings majestie, and wee all of them tryed found guilty, and deservedly adjudged to death by the right honourable the governour and councell of warre of the cheife commanders of the country, which sentance for their said treasons and rebellions against his sacred majestie accordingly executed upon them and every of them. And be it further enacted by the authority aforesaid, that the said Thomas Hanford, Thomas Wilsford, William Carver, William Drummond, James Crewes, John Johnson, George ffarloe, Thomas Hall, Thomas Young, Henry Page, James Wilson, John Baptista, William Cookson and John Digby, and every or either of them, shalby vertue of this act be adjudged to be | Cheesman and Hunt and their attainder of high treason after their deaths Certain other persons condem'd to d'th and executed, & attainted of high treason |
| convicted and attainted of high treason to all intents and purposes. And that William West and John Turner, two notorious actors and confederates with the said Nathaniell Bacon, junr. in the said wicked treasons and rebellions, and endeavoured to continue the same after his death, and were taken in open rebellion against his most sacred majestie, and for such their treasons and rebellions, before the right honourable the governour and a councell of warr, were tryed, found guilty and deservedly adjudged to death, but before justice was executed upon them, they made their escapes out of prison and fled; Bee it therefore further enacted by the authority aforesaid, that the said William West and John Turner, and either of them shall by vertue of this act stand, and be adjudged to be convicted and attainted of high treason to all intents and purposes. And whereas William Rookins, a very notorious actor and confederate with the said Nathaniell Bacon in the said rebellions and treasons, and endeavouring to continue the same after his death, was taken in open rebellion against his most sacred majestie, and for such his treasons and rebellions before the right honourable the governour and a councell of warr, was tryed, found guilty and deservedly adjudged to suffer death, but before justice was executed upon him, he the said William Rookins dyed in prison; Bee it therefore enacted by the authority aforesaid, that the said William Rookins shall by vertue of this act be adjudged to be convicted and attainted of high treason to all intents and purposes. And whereas Richard Lawrence, Thomas Whaley and John fforth, three of the most notorious ayders and assisters of the said Nathaniell Bacon in the said horrid rebellions and treasons, and three of the principall actors in continueing of the same, are fled from justice, not dareing to abide a legall tryall; Bee it further enacted by the authority aforesaid, that the said Richard Lawrence, Thomas Whaley and John fforth, and either of them, shall by vertue of this act be adjudged to be convicted and attainted of high treason to all intents and purposes, and that all and every the messuages, lands, tenements, rents, remainders, interests and all other the hereditaments, chattles, reall goods, debts and other principall estate, and other things of that | Two others condemned to death but escaped, attainted of high treason. Another condem'd to d'th but died in prison, attainted of high treason. Three others who fled, attainted of high treason. Estates, real & personal, of all those attaint'd, forfeited; |
| nature whatsoever that be of them the said Nathaniell Bacon, junr. Edmund Cheesman, William Hunt, Thomas Hansford, Thomas Wilsford, William Carver, William Drummond, James Crewes, John Johnson, George ffarloe, Thomas Hall, Thomas Younge, Henry Page, James Willson, John Baptista, William Cookson, William West, John Turner, John Digby, William Rookins, Richard Lawrence, Thomas Whaley and John fforth, which they or either of them, or any other person or persons to their or any of their uses or interests, for them or either of them were seized or possessed of the ffirst day of October last past, or at any time since, shall stand and be forfeited to the kings most sacred majestie, his heires and successors, and shalbe deemed vested, and adjudged to be in the actuall and reall possession of the kings majestie without any office or inquisition thereof hereafter to be taken or found. Provided always, and it is the true intent and meaning of the act, that the severall estates of the severall persons herein mentioned to be convicted and stand attainted of high treason, shall not be imbezelled, and upon such security, the said estates nor any parte thereof shall not be removed, but shall remaine and be in the hands of the person or persons now possessing the same until the kings majesties further pleasure shall be signified therein. | & vested in the crown, with't office or inquisition.
But their estates only to be inventoried & security given not to embezzle them til the king's pleasure beknown. |
ACT III. | |
| An act inflicting paines and penalties upon greate offenders. | Purvis 198 and Edi. 1733 and 1752. |
| WHEREAS severall presedents of parliament in the 13th yeare of his majesties raigne, that now is shew and sett forth severall fines, forfeitures and punishments inflicted on severall notorious offenders in the late horrid rebellion in England, not extending to life, and whereas the severall persons hereafter named, have been highly guilty of treason and rebellion against his most sacred majestie, for which they most justly deserved death, and forfeitures of goods, yett because mercy is acceptable to Almighty God, and alsoe that | (Repealed by proclamation July 8th 1680.) Preamble. |
| such greate and hainous crimes may not passe altogether unpunished, and upon the humble supplication of the house of burgesses; Bee it enacted by the governour, councell and burgesses of this grand assembly, and the authority thereof, that coll. Thomas Goodrich doe with a rope about his neck, on his knees, begg his life of the governour and councell, and in the like posture acknowledge his crimes of rebellion and treason in Rappahanock county court, and that he be fined to the king's majestie fifty thousand pounds of merchantable tobacco and caske, to be paid upon or before the twentyeth day of January next, and upon failer of such payment to be levyed by distresse or otherwise, and that he be committed to safe prison, and there remaine untill he procure good security for his future good behaviour towards his sacred majestie, and all other his majesties leige people, and for payment of his said ffine. | Singular punishm't inflicted on certain persons, viz. −− to ask pardon of the gov'r and coun'l on their knees, with a rope ab't their necks, &c. |
| And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that Thomas Gordon, on his bended knees, before the right honourable the governour and councell, with a rope about his neck acknowledge his treasons and rebellions and beg his life, and in the like manner acknowledge his crimes in Rappahanocke court, and that he be comitted to safe prison untill he procure good security for his future good behaviour, and that he be, and the said Thomas Gordon is hereby forever made uncapable of offitiateing any the ministerial ffunctions in any parish within this colony. And be it further enacted by this present grand assembly, and by the authority thereof, and it is hereby enacted, that John Taylor and John Richins haveing beene notoriously active in the late horrid rebellion, be, and hereby stand banished out of this country, according to such sentence of banishment as shall be adjudged against them, and either of them by the right honourable the governour and councell, and pronounced by the right honourable the governour. and be it further enacted, and it is hereby enacted by this grand assembly, and the authority thereof, that Anthony Harland on his bended knees before the right honourable the governour and councell with a rope about his neck, acknowledge | Certain persons banished. Another to beg his life on his knees, with a rope about his neck. |
| his treasons and rebellions, and begg his life, and in the like posture acknowledge his said crimes at the county court of Surry and Charles Citty, and be committed to safe prison, and their remaine untill he shall procure good security for his future good behaviour towards the kings majestie and all his leige people, and that he be fined to the king's majesties use ffive thousand pounds of merchantable tobacco and caske to be paid the twentyeth day of January next, and upon failer to be levyed by distresse or otherwayes. And be it further enacted by this present grand assembly, and by the authority thereof, and it is hereby enacted, that Stephen Mannering, Richard Barton, Joseph Hardidge and all those that were in the garrison with the said Hardidge and Barton, and that did not willingly and readily surrender themselves to their due allegiance when they were summoned by captain Thomas Yowell that they and every of them doe upon their bended knees, with ropes about their necks, acknowledge their treasons and rebellions in Westmerland county court, and that they and every of them be committed to safe prison untill they shall procure good security for their future good behaviour. and be it further enacted by this present grand assembly and by the authority thereof, and it is hereby enacted, that Richard Tomson and Dominick Rice, and either of them doe upon their bended knees, with ropes about their necks, acknowledge their treasons and rebellions in Northumberland county court, and be comitted to safe prison untill they shall procure good security for their future good behaviour. And be it further enacted by this present grand assembly, and by the authority thereof, and it is hereby enacted, that John Bagwell and William Potts, and either of them doe upon their bended knees, with ropes about their necks acknowledge their treasons and rebellions in Rappahanocke county court, and be comitted to safe prison untill they shall provide good security for their future good behaviour. And further be it enacted by this present grand assembly and by the authority thereof, that Arthur Long of Surry county doe upon his bended knees, with a rope about his necke acknowledge his treasons and rebellions before the right honourable the governour and councell, and begg pardon for his life, and that in like | Others to acknowledge their treasons in the same posture. |
| manner he doe acknowledge his crimes in the county court of Surry, and that he be committed to safe prison untill he shall give good security for his future good behaviour. And be it further enacted by this present grand assembly, and by the authority thereof, that Robert Holden be fined ffive thousand pounds of merchantable tobacco and caske to the kings majesties use, to be paid the twentyeth day of January next, and that he be committed to safe prison untill he shall give bond with suffitient security for his future good behaviour, and for true payment of his said ffine. | |||
ACT IV. | |||
|
Edit. 1733, 1752 and 1769. | ||
| WHEREAS Nathaniell Bacon the younger, in the month of June, 1676, whilest the governour, councell and burgesses were mett, and convened together, at a grand assembly to consult the greate concerne of the country, did enter James Citty in a rebellious manner with a considerable number of armed men, to the number of six hundred or thereabouts, environing and beseigeing the governour and councell and burgesses, and offering force and violence to them, and every of them, threatening them with sudden death if they would not grant his unreasonable, unlawfull, rebellious and treasonable demands, and by his threats and offered violence did obteine to himselfe whatsoever he soe | Purvis 198. Preamble. | ||
| Various Readings | |||
| * In the Northumb. MS. at the end of act III. are these words 'Copia Test ROBERT BEVERLEY Cl Ass' and this act is numbered I. under the following commencement, purporting to be that of a new session, 'Att a GRAND ASSEMBLY beginning att Greene Spring February the 20th Anno Dni 1677, Annoq Regni Rs Carol Scdi XXIX;' and the remaining acts are numbered from 1 to 17, progressively. But in the Ch. City & P. Rand. MSS. and edi. 1733 & 1752, this act is numbered IV, as a continuation of those of February, 1676-7; which arrangement is here pursued. Between the first of January and 25th of March, it was so common at that period to confound the dates of the year, that no reliance can be placed on them. See vol. 1. pa. 393, 434. |
| unlawfully demanded. And whereas the kings most excellent majestie by his gratious proclamation, and the right honourable the governour by his proclamation published hath long since declared all the proceedings of the said assembly to be voyd in law; Bee it therefore enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that all acts, orders and proceedings of the said grand assembly be repealed and made null and voyd. | All acts & orders of June 1676 repealed. |
ACT V. | |
| An act for the releife of such loyall persons as have suffered losse by the late rebells. | Purvis 199 and Edi. 1733 and 1752. |
| WHEREAS severall horses, sloopes, boates, armes, servants, slaves, and other goods during the tyme of the late horrid rebellion, hath been seized, taken away, and unlawfully plundered from severall of his majesties good and lawfull subjects by the rebells in armes and actuall rebellion, and by divers others the ayders, abettors and complices of the said rebellion, and by them converted to their owne use, or imbezelled, hidden, sould or given away, or lost in the custody, possession or keeping of others to their owne use, or used to the greate hindrance, losse, hurt and damage of his majesties leige people, the severall owners thereof; Bee it declared and enacted, and it is declared and enacted by the governour, councill and burgesses of this grand assembly, and by the authority thereof, that every person and persons whatsoever, that have any such goods in their possession, either by takeing, seizing or plundering the same themselves from the loyall party, or that have beene taken and sould to them by any of the said rebells or their complices, their ayders or abettors, or by them, or any of them, left in their hands possession or keeping, that they and every of them respectively, in whose hands soever such horses, sloopes, boates, armes servants, slaves or other goods unlawfully taken, and put into their hands as aforesaid either now are or hereafter shalbe, doe three severall court dates following in the severall and respective counties, where they reside | (Repealed by proclamation July 6th 1680.) Preamble. Every person hav'g any property in possession belonging to loyalists to put up a descript'n thereof at the court house. |
| put up at the courthouse in faire writeing, a publication thereof intimateing the markes, quantityes, and qualityes of all and every such horse and horses, sloopes, boates, armes, servants, slaves or other goods, to the end the right owner may have notice thereof and clayme the same, or that they forthwith deliver the same to the right owners. And for the better discovery of the owners thereof, the severall clerkes of each county court, be enjoyned to take a lyst or inventory of all such horses, sloopes, boates, armes, servants, slaves or other goods, and the persons names who have them in possession, and transmitt the same to the clerke of the next generall court, to be sett up and published at the next generall court, and whosoever shall fayle, and shall not make such publication as is aforesaid of all and every such horses, sloopes, boates, armes, servants, slaves, or other goods which they have or shall have in their possessions, and which were soe taken as is before recited, the persons soe fayling or concealing such horse or horses, sloopes, boates, armes, servants, slaves or other goods to the value of two shillings shall be held deemed and arraigned guilty of fellony and punished as fellons. And be it further enacted by the authority aforesaid, that whatsoever horse or horses, sloopes, boates, armes, servants, slaves, cattle, sheepe, hoggs, goods or merchandizes, have beene at any tyme taken away, seized, plundered or removed from any of his majesties loyall subjects by any person already executed, or which shall be executed for treasons, that all and every such horse and horses, sloopes, boates, armes, servants, slaves, cattle, sheepe, hoggs, goods or other merchandizes shalbe restored to the true owners, or the value thereof recoverable from the estates of such convicts. And be it further enacted by the governour, councill and burgesses of this grand assembly, and by the authority thereof, that whatsoever horses, armes, horse furniture, sloopes or boates, any person or persons which being in the right honourable the governours service have taken from any of those that were in actuall rebellion and hostillity against the kings majestie and his lawfull governour here in Virginia, and doe properly belonge to such as have continued loyall, that the same be restored to the owners | Clerk of county to transmit a list to clerk of gen'l
court. Persons fail'g deemed guilty of felony. Estates of those executed for treason liable for property of loyalist which had been taken by them. Property taken in the war belonging to loyalists, to be resorted; |
| or in case of refuseuall, that the owners have their actions at law against the possessor for the same, and in case of delivery to the right owner, or recovery at law of such horse or horses, armes, horse furniture, sloope or boate, or any one or more of them, that a certificate be given by some one justice of the peace to the person who delivered up the same, or from whome the same shall be recovered at law, intimateing the value thereof when delivered or recovered, which being returned to the next assembly, care shalbe taken for his or their reward soe delivering up to the right owner, such horse or horses, armes, horse furniture, sloope or boate or which shall by law be adjudged to the right owner. And whereas severall persons creditors to such who have for their late rebellion and treason beene justly arrained, convicted and executed, and may yett be arraigned, convicted and executed, have made humble suite to this grand assembly, that they may recover and receive out of the said convicts estate, such debts as were justly due unto them from such person and persons before the commission of such crimes, rebellions and treasons, on which they already are, or hereafter shalbe convicted, Bee it therefore enacted by this present grand assembly, and by the authority thereof, and it is hereby enacted, that all loyall persons whatsoever may recover and receive out of the estate of all such persons already convicted their just debts due to them from any such person before the comission of such crime, rebellion or treason, for which they already or hereafter shalbe convicted, any law, custome, grant or usuage to the contrary notwithstanding. And it is most humbly hoped his majestie will gratiously please to ratifye and confirme this law for the encouragement of his subjects, and ease of their greate sufferings. And be it further enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, and it is hereby enacted that all persons that have assumed any title or command in this late most horrid rebellion, or that have excepted any command, or was eminent in giveing councell or advice, or have beene eminently, ayding, assisting or encourageing the said rebellion, that all and every such person and persons be, and are hereby made for ever hereafter uncapable of beareing any office, civill or military within | & the possessor indemnified by the assembly. Loyalists may recover their debts of the estates of those convicted and executed. Person, who held any command, or aided in the late war, declared incapable of any office, except that of a constable or surveyor of a high-way: |
| this colony other then office of a constable or surveyor of the high wayes, excepting such who by their tymely returne to their duty and allegiance have assisted in the suppression of the said rebellion. Provided alsoe, that this exception shall not extend to include Joseph Ingram, Gregory Walklett and George Millner, nor any person nor persons whatsoever that did beare any command in the said rebellion at the tyme when Westpoint was surrendered; but that they and every of them herein nominated, meant or intended, be for ever hereafter utterly uncapable of bearing any office civill or military, other then constable or surveyor of the high wayes. And for the punishment of vice and prevention of evill example for the tyme to come; Bee it further enacted by this present grand assembly, and by the authority thereof, and it is hereby enacted, that whatsoever justice of the peace shall become soe notoriously scandalous upon court dayes at the court house, to be soe farre overtaken in drinke that by reason thereof he shalbe adjudged by the justices, holding court to be uncapable of that high office, and place of trust proper and inherent in a justice of peace, shall for his first such offence be fined five hundred pounds of tobacco and caske, and for his second such offence be fined one thousand pounds of tobacco and caske, for his third such offence be fined two thousand pounds of tobacco and caske, and shall alsoe loose and forfeite his place and office of a justice, and his commission taken from him, and that all such fines be to the use of the county. And be it further enacted by this grand assembly, and by the authority thereof, that such ministers as shall become notoriously scandulous by drunkingnesse, swearing, ffornication or other haynous and crying sins, and shall be thereof lawfully convict, shall for every such their haynous crime and wickednesse, the ffirst time forfeite to the parish or parishes wherein he or they soe offending shalbe benificed, the one halfe of one yeares sallary and dues, and the same for a second tyme he shalbe convicted, and if any minister offitiating in any parish shalbe three tymes convicted of any such haynous crime and wickednesse before mentioned, that he be forever hereafter made uncapable of offitiating in any office or ministeriall ffunction in any parish in this colony. | Except those who returned to their duty; but this exception not benefit cert'n persons. Any justice of peace, getting drunk on court day, to be fin'd and removed from office. Fines on ministers for getting drunk, swearing or committ'g fornication. |
| And for the prevention of seditious and scandulous libells, the usuall fore runners of tumult and rebellion. Bee it enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that if any person or persons, not being a women covert shall presume to speake, write, disperse or publish by words, writeing or otherwise, any matter or thing tending to rebellion, or in favour of the late rebells or rebellion, and shall thereof be lawfully convict, then such persons for the ffirst such offence shall be fined one thousand pounds of tobacco and caske, and stand upon the pillory two howers with capitall letters of their crimes affixed on their foreheads or brest, and for such second offence pay double the ffine and stand in the pillory two howres with capitall letters of their crimes fixed as aforesaid, and for the third such offence be prosecuted as a rebell and a tratour to his most sacred majestie. And if any woman covert that comitt such offence as is before recited, then to be whipped on the bare back with twenty lashes, for the ffirst offence, and for the second offence thirty lashes, except she can redeeme herselfe from the said corporall punishments by payment of the ffine or ffines before mentioned, for such first and second offences. And be it further enacted, that if any woman under covert shall a third tyme committ such offence, to be prosecuted against as a rebell and traytor to his most sacred majestie. And whereas it hath beene frequent for rude and ill disposed persons to contemne and revile authority and magistrates, as well in words as in actions; Bee it therefore enacted by this present grand assembly, and by the authority thereof, that all and every person and persons that shall from the tyme to come presume to speake and utter mutinous or contemptuous words, or shall by any wayes or meanes abuse the right honourable the governour or any of the councell, justices of the peace or commissionated militia officers, and shall be thereof lawfully convict, shall for his such offence, if against the right honourable the governour, be whipped on the bare back with thirty lashes, or pay eight hundred pounds of tobacco and caske, if against any of the honourable councell, that then he shalbe whipped on the bare back with twenty fower lashes, or pay six hundred pounds of tobacco and caske, and if | Penalty for speaking or writing, tending to rebellion. On a feme covert. Penalty for speaking or writing disrespectfully of those in authority; of the governor; of a councillor; |
| against any justice of the peace or comissionate feild officer, then to be whipped on the bare back with twenty lashes, or pay fowre hundred pounds of tobacco and caske, and the like for such second offence, being likewise thereof lawfully convict. And if any person or persons, male or female, shall be convicted a third tyme of such mutany or contemptious or villifying words writeing or otherwise, abuseing or scanduliseing the right honourable the governour or any of the honourable councell or any justice of the peace or comissionated militia ffield officer, then to be whipped on the bare back with thirty nine lashes, and stand in the pillowry two howers, or pay double the before recited ffines, all which said ffines as aforesaid shalbe and belong the one halfe to the county, where the offending party then dwells or resides, which said ffines to be levyed by distresse or otherwise, and collected or destrayned for by the sherriffe or collector for the publique and county levyes. And be it further hereby enacted that the justices of every respective county court be, and are hereby impowered, enjoyned, and obleiged to put his law into effectuall execution upon the penalty of paying double such fines and forfeitures herein meant and intended for every such offence in case they shall refuse, or neglect to put his law into effectuall execution. And whereas by a branch of an act of assembly made in march last, liberty is granted to all persons to carry their armes wheresoever they goe, which liberty hath beene found to be very prejudiciall to the peace and wellfaire of this colony. Bee it therefore further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that if any person or persons shall, from and after publication of this act, presume to assemble together in armes to the number of five or upwards without being legally called together in armes the number of ffive or upwards, they be held deemed and adjudged as riotous and mutinous, and that they be proceeded against and punished accordingly. | of a justice or field officer. Penalty for 3d offence. Justice to enforce this law. To assemble with arms, to the number of five, deemed riot & mutiny. |
| Pages 341-365
| Pages 387-406
|