Pages 422-457 
|  Pages 471-489
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| Pages 422-457
| Pages 471-489
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| AT A GENERALL* ASSEMBLIE, | |
| BEGUNNE AT JAMES CITTIE THE EIGHTH DAY OF JUNE, ANNO 1680, IN THE TWO AND THIRTIETH YEARE OF OUR SOVERAIGNE LORD KING CHARLES THE SECOND.  ACT I. ‡An act of free and generall pardon, indemnitie and oblivion. |
L'd Culpeper, governor.† |
| THE Kings most excellent majestie haveing taken into his serious and gratious consideration the present state and condition of his colony of Virginia, and reflecting on the late rebellion raised there by Nathaniell Bacon junr. deceased, his complices and abettors, | Purvis 246 and Edi. 1733 1752 and 1769. Preamble, reciting Bacon's opposition in 1676. |
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| * From this period, in Purvis, the Ch. City and P. Rand. MSS. and the editions of 1733, 1752 and 1769, the term General Assembly is used, instead of Grand, which had before been invariably used from the first session of the legislature, But in the Northb. the terms General and Grand are promiscuously used for several years after this. The commencement of the acts of this session, in that MS. is, 'Att a GRAND Assembly beginning att James City, June the 8th Anno Dni 1680; Annoq. Regni Regis Car secundi XXXII.' In the edi. 1733, 1752 & 1769, 'At a General Assembly, begun at James City, the eighth day of June, 1680, in the thirty-second year of the reign of our sovereign lord king Charles II.' The commencement here, is taken from the Ch. City & P. Rand. MSS. | |
| † This is taken from the margin of the edit. of 1733, which does not agree with the list of governors of Virginia, contained in an ancient manuscript, from which extracts are prefixed to vol. I. It is in that MS. said that Sir Henry Chicheley continued governor till April 16, 1683, on which day a commission was read bearing date the 27th of Novr. 34 Car. 2d, appointing Lord Culpeper, governor; and that Lord Howard succeeded him on the 15th of April, 1684. [See note on this subject to list of governors prefixed to this volume.] | |
| ‡ Memorandum, That this act was brought over by the Lord Culpeper, under the great seal of England, with full power to give the royal assent to it; and passed the Assembly unanimously as appears by the Lord Culpeper's speech, and the journal of the house of burgesses, Anno 1680. (Note to editions 1733, 1752 & 1769.) |
| and how many of his good subject were drawne into the same and seduced from their allegiance by the specious pretences sett forth by the said Nathaniell Bacon, who have since by their dutifull behaviour shewed themselves sencible thereof, and repenting for the same, and to the intent that noe crime whatsoever comitted against his said majestie and government may hereafter rise into judgment or be brought in question against any of them to their least endamagement, either in lives, liberties, estates or to the prejudice of their reputations, by any reproach or terme of distinction, and to turne all seeds of future discords and the remembrances thereof in utter oblivion, as well in his majesties owne breast as in the breasts of his majesties subjects one towards another, and out of an earnest desire to put an end to all suites, quarrells and controversies whatsoever that by occasion of the said rebellion and late destractions have arisen and may arise between any of his majesties subjects and in pursuance of his gratious proclamation of pardon bearing date the seaven and twentyeth yeare of his raigne, is gratiously please that it may be enacted, and be it enacted by the kings most excellent majestie by and with the consent of the generall assembly, that all and all manner of treasons, misprision of treasons, murders, fellonies, crimes and misdeameanors comitted, acted, councelled or done by any person or persons whatsoever upon or at any tyme before the sixteenth day of January, 1676, in the 28th yeare of his majesties raigne, other then the persons hereafter excepted in such manner as they are excepted by vertue or colour of any comand, power, authority, warrant, comission or instructions from Sir William Berkeley, late governour of Virginia, deceased, or of or from any person deriveing or pretending to derive mediately or imediately any comission, power or authority from the grand assembly in Virginia, held in June 1676, or of or from Nathaniell Bacon junr. deceased. assumeing unto himselfe the authority of or reputed to be comander in chiefe of all the | and the king's proclamation of 27th Octo. 1676. (See an. pa. 428.) All treasons, &c. before the 16th Jan. 1676 pardoned; except persons hereafter excepted. |
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| * The running title of the acts of this session in edit. 1733, 1752, and 1769 is, 'Anno tricessimo secundo Caroli secundi regis.' |
| forces in Virginia by land or sea, or from any other person or persons deriveing or pretending to derive any authority from them or any of them be pardoned, released, discharged and put in utter oblivion, and that as firmely and fully to all intents and purposes, as if they or every of them had herein been perticularly and plainly named. And be it further enacted by the authority aforesaid,, that all and every such person and persons, their and every of their heires, executors and administrators (except as hereafter excepted) that were actually ingaged in ayding, assisting, adviseing, abetting or councelling the said rebellion shall have and enjoy all and every their lands, tenements, hereditaments, goods, and chattells whatsoever forfeited to his majestie, his heires and successors for any of the crimes aforesaid in the same manner, and as freely to all intents and purposes as if they had not been forfeited, yet soe that they had not been forfeited, yet soe that they may and every of them and their estates both reall and personall, shalbe subject and lyable to pay all and singuler their just debts in the same manner as if they had comitted no rebellion, crimes or offences, except and alwayes foreprized out of this act, the above named Nathaniell Bacon, junr. the principall contriver, beginner and maintainer of the said rebellion who haveing taken up armes under pretence of an Indian warr, assumed unto himselfe the title of generall, and did afterwards chase the then governor, there rob, kill and continue to destroy severall other of his majesties loyall subjects that refused to make the detestible oaths imposed by the said Bacon, untill it pleased the Allmighty to send him the said Bacon and infamous and exemplary death,* whereby he hath escaped the punishment in this world soe justly due to his person; Bee it therefore enacted, and it is hereby | All persons engaged with Bacon (except as hereafter excepted) restored to their estates, real & personal; but still liable to payment of their debts. Nath'l Bacon, jun. excepted out of this act; |
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| * What was that infamous and exemplary death of which mention is made in this act? Historians, without giving any circumstantial detail, represent Bacon's death as proceeding from a cold, and excessive fatigue, in the arduous duties which he had to perform. −− but the truth is, that there is no dependence to be placed on the historical accounts of that day, as is clearly proved in a note to page 526 of vol. 1. of this work. When we see, by the instructions of the king to Sir. Wm. Berkeley, ante page 426, that Bacon was to be taken at all events; that both force and design were to be employed, the conjecture raised in a note to page 374, ante, will not be deemed an overstrained one. |
| enacted by the authority aforesaid, that the said Nathaniell Bacon junior shalbe by virtue of this act, and is hereby adjudged to be convict and attainted of high treason to all intents and purposes as if he had been convict and attainted thereof by due course of law in his life time, and that all the estate reall and personall, whereof he was seized or possessed upon the ffifth day of June 1676, or at any tyme after within the colony of Virginia shalbe forfeited to the kings majestie, his heires and successors, and is hereby declared to be vested in his majesty, his heires and successors without any office or inquisition thereof to be hereafter taken or found; Provided alwayes, and be it enacted that this act nor any thing therein contained shall extend to pardon, discharge or give any other benefitt whatsoever unto Gyles Bland, Anthony Arnold, Richard Turney, Richard Pomfrey, John Isles, Robert Stoakes, John Whitson, and William Scarborough alias Scarburgh who were all legally convicted and attainted and executed for their horrid treasons and rebellions, or to Richard Lawrence* who ffyred James Citty and is since fled, notwithstanding his majesties gratious proclamation, but that the persons last aforesaid and their estates are out of this act wholly excepted and fforeprized. | & attainted of high treason; and all his estate, real and personal, forfeited to the king. Certain other persons excepted from the benefit of this act. |
| Provided alsoe, and it is hereby enacted and declared by the authority aforesaid, that if Joseph Ingram, Gregory Walklett, Thomas Whaley, John fforth and John Langston shall at any tyme after the passing of this act accept or exercise any publique office whatsoever within the said colony of Virginia, that then such of them as doe soe, accept or exercise aforesaid, shall to all intents and purposes stand as if he or they had beene totally excepted by name out of this act. And whereas many of his majesties loyall subjects cannot | Certain others disqualified from office. (See an. p. 372, 376, 384.) For the relief of suffers: |
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| * It is difficult to reconcile the provisions of this act, with the professions of the king, in his proclamation of the 27th of Octo. 1676. That proclamation, as recited in a subsequent one, authorised Sir William Berkeley to grant a free pardon to all persons, Bacon alone excepted, (see ante pa. 428;) and because Sir Wm. Berkeley had excepted several other persons, his proclamation was revoked, and that of the king, holding out general terms of pardon, substituted (See ante 429, 430.) Yet we find, in this act, several other persons excepted, who were included in Sir William Berkeley's bloody act of February, 1676-7, ante page 366 |
| but be very greate suffers by the spoiles and rapines comitted during the late rebellion, to the intend they may have as much releife therein as may possibly stand with the quiett of this country, and also for the avoyding and determining of the endlesse suites and prosecutions which must necessarily ensue if care be not taken to prevent the same, It is hereby further enacted by the authority aforesaid, that as to any wrong or injury which hath been comitted by any person or persons at any tyme betweene the ffirst day of May and the sixteenth of January 1676, whereby the goods or comodityes of any of his majesties subject in Virginia, have been destroyed or spoyled, or have beene impared or made worse, and for which noe judgement hath been actually obtained before the ffive and twentyeth of Aprill 1679, in the one and thirtyeth year of his majesties raigne, noe account, suite, processe or satisfaction be at any tyme hereafter required, prosecuted, made or given for the same from or against any person or persons whatsoever. Provided alwayes that where the goods of any of his majesties subjects not actually ingaged in the said rebellion, or being ayding and assisting to the same have been wrongfully taken away betweene the said ffirst day of May and the sixteenth of January, and shalbe found in the possession of any other person or persons, it shall and may be lawfull for the owner or owners of such goods or comodities, his or their executors and administrators to take, sue for and recover the same by all legall meanes, any thing in this act contained, or any other lawes, acts or statute to the contrary notwithstanding. Provided alwayes that noe further punishment, satisfaction or damages shalbe recovered or inflicted on any christian servants that have deserted their masters or bin active in the late rebellion, then that the time incuring betweene the said ffirst day of may and the said sixteenth of January shalbe accompted no part of their tyme of service. And be it further enacted by the authority aforesaid that noe verdicts, judgments, indictments, informations, decrees, sentences, probatts of wills, administrations, writts or actings, or returne of writts, orders, or other proceedings whatsoever in law or equity had, made, given, taken or done or depending in any courts or before any judges whatsoever | and prevent'n of suit; no redress for injuries done between the 1st of May & 16th of Janu'y 1676, unless judgment had been obtained before 25th April, 1679. But goods of persons not engag'd with Bacon, taken between first of May and 16th January 1676 may be recovered by the owners. Servants engaged with Bacon, lose their time, within the above period. Judgments, decrees & judicial proceedings, rendered by pers's acting under an assumed authority confirmed. |
| within the said colony of Virginia or any actings, processe, proceedings or executions thereupon, had, made, given, done, or suffered at any tyme before the passing of this law within our said colony shalbe avoyded for or by reason that the premisses or any of them were comenced, prosecuted, had made, held, or done by or before any person or persons pretending and assumeing the name, title, authority and dignity of governour of the said colony, though he were not legally soe, or before any person or persons pretending and assumeing the name, title, and authority of councellors within the said colony, though not legally soe, but that all and every such verdicts, judgements and other things above mentioned, and the actings, doeings, and proceeding thereupon shall be of such and noe other force, effect and value then as if such persons soe assumeing the name, title authority, and dignity of governor had bin legally comissioned by his majestie thereunto, and if such person or persons pretending the name, title and authority of councellors there had been legally authorised thereunto. And whereas during the lycentiousness of the late tymes severall ill disposed persons tooke upon them to asperse the government and defame the governor and cheife magistrates of the said colony, raising false and scandalous reports, without which our good subjects there could not have been soe easily led away, which cannot but tend to the future disturbance of the peace and welfare thereof if not tymely prevented, by inflicting punishments proportionate to the greatenesse of the crime. Bee it therefore enacted by the authority aforesaid, that whosoever shall after passing of this act, malitiously and advisedly by writing, speakeing or otherwise expresse, publish, utter or declare any word, sentence or thing or things to incite or stir up the people to the dislike of any person appointed by his majestie to be governor or comander in cheife of the said colony, or tending to the dishonour or defameing the said governour or comander in cheife for the tyme being, and being thereof legally convicted shalbe imprisoned during one yeare without bayle or mainprize, and incurr such forfeiture as shalbe adjudged, not exceeding the sume of 500l. to the king's most excellent majestie, his heires and successors, And it is in like manner enacted, that | Penalty for aspersing the government or defaming the
governor; 1 years's imprisonm't without bail or mainprize, & £500 fine. (See an. p. 385.) |
| whosoever shall malitiously and advisedly by writeing, speaking or otherwise expresse, publish, utter or declare any words, sentences or other things to incite or stirr up the people to the dislike of his majesties councellors, judges, or other principall officers within the said colony, or tending to the dishonour or defameing of the said councellors, judges or principall officers, and being thereof legally convicted shalbe imprisoned three months without bayle or mainprise and incurr such forfeiture as shalbe adjudged, not exceeding the sume of one hundred pounds, to the kings most excellent majestie, his heires and successors, any act or acts, order or orders to the contrary in any wise notwithstanding. | For writing or speaking, so as to incite dislike of councillors, judges or principal officers; imprisonment three months and £100 fine. |
ACT II. | |
WHEREAS nothing can contribute more to the speedy setling and peopling of this his majesties colony of Virginia then that all possible encouragement should be given to persons of different nations to transport themselves hither with their families and stocks, to settle, plant or reside, by investing them with all the rights and priviledges of any of his majesties naturall free borne subjects within the said colony. Bee it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is enacted by the authority aforesaid, that it shall and may be lawfull for the governour or comander in cheife of this colony for the tyme being, or any of his successors, governours of this colony, by a publique instrument under the broad seale thereof to declare any alien or aliens, forreigner or forreigners being already |
Purvis 252 and Edi. 1733, 1752 and 1769. Governor may grant to aliens letters of naturalization. |
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| * This act was also brought by the Lord
Culpeper under the great seale of England, with the former, and passed the assembly
unanimously −− So far the editions of 1733, 1752, and 1769 agree; but in the two
former is subjoined, 'and therefore could not be repealed by the act Anno 1705.' These
words are wanting in the edition of 1769, and instead of them it is said,'see 4 Ann. (1705) cap.
11.' From the year 1671, to this period, aliens were naturalized by act of assembly; for which see the act, ante pa. 289, 290, and several instances by virtue of that act, in pa. 302, 308, 339, 400, 447. |
| setled or inhabitants of this his majesties colony, or such as shall hereafter come for to settle, reside, or plant in itt, and haveing taken the oath of allegiance before the governour or comander in cheife for the tyme being to be all intents and purposes fully and compleately naturalized, and that the persons soe approved of and named in the said letters pattents (as aforesaid) shalby virtue of this act have and enjoy to them and their heires the same imunityes and rights of and unto the lawes and priviledges of this colony, and as fully and amply as any of his majesties free borne subjects have or enjoy within the same as if they themselves had bin borne within any of his majesties realmes or dominions, any former law, act, ordinance, usuage or custome to the contrary in any wise notwithstanding. And to the intent the said letters patents and instruments under the broad seale of this colony as aforesaid may be obtained without any great difficulty or charge; Bee it further enacted, that the governour or comander in cheife shall have and receive forty shillings, and his clerke for writing tenn shillings and noe more. And whereas severall aliens and forreigners that have formerly transported themselves to this his majesties colony, and have taken up and pattented in their owne name severall parcells of land or otherwise made purchase of lands, houses or other reall interests, and have afterwards sould the same to some of his majesties leige people or inhabitants of this colony, It is therefore hereby enacted and ordained by the authority aforesaid, that all such persons that shall have soe bought of alien or aliens any lands, houses or tenements be secured and by virtue of this present act for ever confirmed in the quiett and peaceable possession of the said purchases unto them and their heires for ever, any former law, usuage or custome to the contrary in any wise notwithstanding, Provided that nothing in this act contained shalbe construed to enable or give power or priviledges to any forreigner to doe or execute any matter or thing which by any of the acts made in England concerning his majesties plantation he is disabled to doe or execute. | and adminis'r the oath of allegiance. Such persons entitled to all the immunities and rights of natural born subjects. Fee to gov'nor and clerk. Purchasers of lands from aliens, confirmed in their titles. Noth'g in this act to extend privileges to aliens contrary to the laws of England. |
| ACT III. | |
| * An act for raising a publique revenue for the better support of the government of this his majesties colony. | Purvis 254 and Edi. 1723, 1752 and 1769. |
| WHEREAS there is a greate and continuall charge required for the
maintenance of the governor and severall other officers and persons as alsoe for the fort and
fortifycations, besides many other contingent expences, absolutely necessary for the support of
the government of this colony, Bee it therefore enacted and it is hereby by the kings most
excellent majestie by and with the consent of the generall assembly, that for every hogshead
of tobacco that shall at any tyme hereafter be exported out of this colony by land or by water to
any other place whatsoever, there shalbe paid by the exporter two shillings of currant mony of
England, as alsoe for every ffive hundred pounds of tobacco exported in bulk or otherwise and soe
proportionably for a greater ro lesser majestie, his heires and successors for ever, to and for
the better support of the government of this his majesties colony of Virginia in such manner as
is herein before expressed, and to and for noe other sue intent and purpose whatsoever. And
be it further enacted by the authority aforesaid that all ships or vessells whatsoever
comeing to this colony or any part thereof shall respectively pay for every tunne such ship or
vessell shall containe, one halfe pound of good and new gunpowder and three pound of leaden
shott, or one shilling three pence sterling in leiu thereof, as alsoe six pence per pole for
every person imported not being actually a marriner, the same to be alsoe to the kings most
excellent majesty, his heires and successors for ever for the better support of the government of
this is majesties colony of Virginia in
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Preamble. Export duty of 2s. per hhd or 500 lbs. of tobo. in bulk. (See an. p. 413.) Half a pound gun powder & 3lb. of leaden shot, or 1s. & 3d sterl'g pr. ton, in lieu thereof on all vessels; and 6d. per poll for all persons imported, except mariners. [See vol. 1, p. 176, 192, 218, 247, 301, 312, and ante page 134, 177.] |
| * This act was also brought over by the Lord Culpeper, under the great seal of England, with the two former, and passed the assembly, with the addition of the two provisos at the end of the act; and therefore could not be repealed by the acts of 1705 and 1720, (Note to edi. 1733 and 1752.) In edi. 1769, the words 'and therefore could not be repeald by the acts of 1705 and 1710,' are omitted, and instead thereof it is said see 9 Ann. (1710) cap. 1.' |
| such manner as in herein before expressed, and to and for noe other sue intent and purpose whatsoever. And for the better discovering and preventing of frauds, Bee it further enacted by the authority aforesaid that the master of every ship or vessell shall deliver the boatswaines booke to the perusall of the respective collectors and make oath of the truth thereof to the best of his knowledge, and that the mate, boatswaine, or any other officer, seaman, or person be alsoe sworne if there be cause for the discovery of the truth of the freight, And if any master shall wittingly or willingly conceal any parte of his freight or make falce entry of his ship or vessell or number of person imported as aforesaid, then the said master shall forfeite for every such offence the summe of one hundred pounds sterling as alsoe the treeble dutyes for every hogshead or five hundred pounds of tobacco, and for every tunn concealed, one moyety to the informer and the other moyety to the kings most excellent majesty his heires and successors, and to and for the uses above mentioned, and to be recovered by action of debt, bill or plaint by virtue of this act, against which noe escoygne wager of law or protection to be allowed to any person soe offending. And it is hereby enacted by the authority aforesaid, that the respective masters of every ship or vessell shall enter into a bond of twenty pounds to the kings most excellent majestie, his heires and successor for the payment of the duties of soe many hogsheads or ffive hundred pounds of tobacco as shall upon due certificate appear to be entred in the custome house in England, more then shalbe entred and paid to the respective collectors and other officers in Virginia, unlesse the collectors and officers be fully satisfyed of the true numbers of hogsheads and freights of the said shipps and vessells, the said bond to be made without any fee, and to be voyd to all intents and purposes as if never made, if not put in suite upon due certificate to be procured by the respective collectors from the custome house in England, within one yeare from the makeing thereof, which said collectors and other officers are hereby required to use their utmost dilligence in the due execution of this act, and shalbe allowed their usuall sallaryes or such others as by the governor or comander in cheife for the tyme being | Master to deliver boatswain's book to collector, & make oath as to his freight, and other officers or seamen may be sworn. Penalty for concealment. Master may be compelled to give bond for payment of duties on tobacco entered in England, more than entered and paid for her. Bonds void, if not put in suit within a year. |
| with the advice of the councell shalbe judged necessary for collecting the said imposition, which said governor or comander in cheife for the tyme being is alsoe hereby further authorised and impowred from tyme to tyme with the advice of the councell, as is before specifyed to give such reasonable allowances and encouragement as shalbe adjudged fitting, not exceeding tenn per cent, to such masters of ships or other persons as shall give in true accounts, and advance and pay down the abovementioned duties either in money or good and suffitient bills of exchange to the satisfaction of the respective collectors.* Provided alwayes, and it is hereby enacted and declared by the authority aforesaid, that the act of assembly in the printed booke (intituled the imposition of two shillings per hogshead) made at a great assembly held at James Citty the twenty third of March 1661, alsoe one other act (intituled an act for the imposition of two shillings per hogshead) made at James Citty the second of December sixteene hundred sixty two. Also one act in the printed booke (intituled castle duties to be paid) made at a grand assembly holden at James Citty the twenty third of March 1661, and all other former acts for the raising or levying of two shillings per hogshead impost upon tobacco exported out of this his majesties colony ov Virginia, or for raiseing or levying of castle duties, tunnage or head mony be, and are hereby, by vertue of this act, fully repealed and made voyd to all intents and purposes, any thing in this act or other law, statute, custome, usuage, or instructions whatsoever to the contrary notwithstanding. Provided also, and it is hereby enacted and declared by the authority aforesaid, that the priviledges of Virginia owners of ships expressed and sett downe in the hundred thirty fourth act in the printed booke, (intituled priviledge of Virginia owners,) made at James Citty the 23d of March, 1661, and one act made at James Citty the 20th October 1669, intituled an act for freeing Virginia owners from castle dutyes,) shalbe and are hereby meant and intended to be in full force, power and vertue to the benefitt, sue and priviledges of all and every | Encouragem't for prompt payment. Former acts, impos'g duties repealed. (See act 128 of Mar. 1661-2, ante page 130, act 17, of Dec. 1662, ante. pa. 177, & act 132 of Mar. 1661-2 ant. pa. 135.) Certain acts confirmed. [See act 134, of Mar. 1661-2 ant. pa. 135, & act 5 of 1669, ant. pa. 272.] |
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| * These two provisos were added by the assembly, and the bill passed after it had been rejected by the burgesses. Assembly journal, June 18th, 1680. [Note to ed. 1733, 1752 & 1769.] |
| such owner or owners, any thing in this act or in any other act, law, statute, custome, usuage or instructions whatsoever to the contrary notwithstanding. | |
ACT IV. | |
| An act for continuation of the severall ffortifications and garrisons at the heads of ffowre greate rivers. | Edit. 1733 and 1752. |
| WHEREAS the number of souldiers at the severall garrisons appointed by act of assembly made at James Citty the 25th Aprill 1679, is found too chargeable for the greate poverty of the inhabitants of this country any longer to lye under, and neverthelesse the holding up and maintaining the said garrisons and fortifications against the incursions of Indian enemies is deemed of an absolute necessity; Bee it therefore enacted, and it is hereby enacted by the kings* most excellent majestie by and with the consent of the general assembly that the clause in the said law appointing forty tythables to sett forth one souldier be from henceforth wholy repealed and made voyd, and that the said garrisons and fortifications be continued, and that from henceforward the number of souldiers at each garrison (over and besides the comander in cheife thereof) be twenty in number, out of which number two corporalls to be chosen by each respective comander in cheife, and that such twenty souldiers for each garrison as aforesaid be appointed and chosen (as alsoe their horses, armes and furniture out of those who now are there or ought to be there by each respective comander in cheife) proportionably out of their severall countyes to which they appertaine, And therefore for a supply of the said twenty souldiers, horses, armes, or furniture soe made choice of as aforesaid, and hapning to dye or any wayes become disabled | Purvis 257 Preamble No. of soldiers in garrison reduced. (See an. p. 430.) Deficiencies, how supplied. |
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| * Memorandum. That the stile of all the acts of this session, except the first three, was mistaken, and ought to have been in the name of the governor, council and burgesses, and not in the name of the king, as those were which were proposed and sent over under the great seal of England by the king himself. [Note to edi. 1733, 1752, & 1769.] |
| by sickness or otherwise that then such diffitiency upon notice given by the comander in cheife to the justices or first in comission of such county court, to which county such souldier or souldiers as shall belong shall forthwith be supplyed according as the aforesaid act of assembly made the twenty ffifth of Aprill, 1679, directs, And it is further hereby enacted by the authority aforesaid, that each officer and souldiers pay shalbe and continue as is sett downe in the said recyted act of assembly, which charge shalbe borne and allowed by the publique, And for the lessing the charge heretofore brought for transporting provisions and the better and more sure provideing the same, Bee it enacted by the authority aforesaid that each souldier be allowes such proportion of corne and meate as is sett downe in the before recited law, and that coll. William Bird as undertaker in this present assembly doth forth with begin and all a long continue from fowre months to fowre months to provide and furnish the provisions and corne for the garrison and souldiers at the head of James river, and deliver the same soe convenient to the garrison as that the same may conveniently be secured and fetched in by the souldiers thereof without further charge to the country, for which provisions soe delivered, he the said coll. William Bird shalbe paid and allowed by the publique after the rate of two thousand pounds of tobacco and caske per ann. for each souldier of the said fort, And that capt. John Langhorne (as undertaker in this present grand assembly) make like provision and delivery thereof for Yorke river fort and have like pay from the publique. And that Robert Beverley (as undertaker in this present grand assembly) make like provision and delivery thereof for Rappahanock river fort, and have like pay from the publique. And that the same rules in the former law be observed for provideing provisions for Potomack fort. And because by reason of the poverty of this country the number of souldiers appoynted for each garrison at the countryes charge is soe few, and that in all liklyhood there may be found emergent occasion to reinforce each garrison with more souldiers, his excellency is humbly requested (as he shall see cause) from tyme to tyme to place in each garrison such number of his majesties | Pay of officers and soldiers to continue as by former act. Col. W. Bird, contractor to furnish provisions on James river. His allowance. Captain John Langhorne, contractor for York river. Rob. Beverley contractor for Rappahann'ck river. Potomack fort to be furnished as by the former law. Gov. requested to place the king's troops in garrisons. |
| foote souldiers now in the country as from tyme to tyme shall be thought fitt and needfull, and for such souldiers soe placed, their allowance of provisions shall be from tyme to tyme made and provided at the country charge, as is proportioned and allowed for the other, all such souldiers being furnished and supplyed with his majesties armes and ammunition, and provided with their owne bedding to be carryed to such garrisons at the charge of the country. And to the end such provisions as aforesaid may be alwayes ready and at hand. It is hereby enacted by the authority aforesaid that every undertaker hereby in this act nominated doe for the first fowre months, and soe for every succeeding fowre months provide and lay in for each garrison five months proportionable allowance, and alsoe from time to time furnish such other quantities proportionable for each such suprnumirary souldier as shalbe sent according to the time such souldiers shalbe continued there, and as he the said undertaker shall from tyme to tyme receive notice thereof and directions for the same from each respective comander in cheife for such garrisons as he hath undertaken for, and for such provisions as he shalbe paid by the publique according to the rates before mentioned. Provided alwaies, and his excellency is desired (if he se cause) to draw tenn of the souldiers from each garrison for the ease of the country, supplying the same with ten of his majesties souldiers att each garrison and such tenn to have the horses, armes and ffurniture of those which shalbe withdrawne. | Contractors, furnish 5 mo's provisions, in each
garrison. 10 soldiers to be drawn from each garrison & replaced by the king's. |
| Pages 422-457
| Pages 471-489
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