Pages 471-489 
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| Pages 471-489
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| *ATT A GENERALL ASSEMBLY, | |
| BEGUNN ATT JAMES CITTY NOVEM. THE TENTH ANNO DOM. 1682, AND IN THE 34TH YEARE OF THE REIGN OF OUR SOVERAIGNE LORD KING CHARLES THE SECOND, BY THE GRACE OF GOD OF ENGLAND, SCOTLAND, FRANCE AND IRELAND, KING, &c.  ACT I. |
L'd Culpeper governor. |
| An act to repeale a former law makeing Indians and others ffree. | Edit. 1733 and 1752. |
| WHEREAS by the 12 act of assembly held att James Citty the 3d day of October, Anno Domini 1670, entituled an act declareing who shall be slaves, it is enacted that all servants not being christians, being imported into this country by shipping shall be slaves, but what shall come by land shall serve if boyes and girles untill thirty yeares of age, if men or women, twelve yeares and noe longer; and for as much as many negroes, moores, mollatoes and others borne of and in heathenish, idollatrous, pagan and mahometan parentage and country have heretofore, and hereafter may be purchased, procured, or otherwise obteigned as slaves of, from or out of such their heathenish country by some well disposed christian, who after such their obteining and purchaseing such negroe, moor, or molatto as their slave out of a pious zeale, have wrought the conversion of such slave to the christian faith, which by the laws of this country doth not manumitt them or make them free, and afterwards | Purvis 282. ibid. (See an. p. 283.) Preamble, reciting the act of 1670, whereby serv'ts, not being Christian, imported by shipp'g are declared to be slaves, & those brought in by land, to serve, if boys or girls, till 30 years of age, & if men or women, 12 years. |
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| * The commencement, as well as the acts of this session, taken from the Northb. MS. which substantially agrees with the other MSS. with Purvis, and the edi. 1733 & 1752. This is the first time that the term General Assembly is used in the Northb. MS. which appears from this place forward to be in a different hand writing. |
| such their conversion, it hath and may often happen that such master or owner of such slave being by some reason inforced to bring or send such slave into this country to sell or dispose of for his necessity or advantage, he the said master or owner of such servant which notwithstanding his conversion is really his slave, or his factor or agent must be constrained either to carry back or export again the said slave to some other place where they may sell him for a slave, or else depart from their just right and tytle to such slave and sell him here for noe longer time then the English or other christians are to serve, to the great losse and damage of such master or owner, and to the great discouragement of bringing in such slaves for the future, and to noe advantage at all to the planter or buyer; and whereas alsoe those Indians that are taken in warre or otherwise by our neighbouring Indians, confederates or tributaries to his majestie, and this his plantation of Virginia are slaves to the said neighbouring Indians that soe take them, and by them are likewise sold to his majesties subjects here as slaves, Bee it therefore enacted by the governour councell and burgesses of this general assembly, and it is enacted by the authority aforesaid, that all the said recited act of the third of October 1670 be, and is hereby repealed and made utterly voyd to all intents and purposes whatsoever. And be it further enacted by the authority aforesaid that all servants except Turkes and Moores, whilest in amity with his majesty which from and after publication of this act shall be brought or imported into this country, either by sea or land, whether Negroes, Moors, Mollattoes or Indians, who and whose parentage and native country are not christian at the time of their first purchase of such servant by some christian, although afterwards, and before such their importation and bringing into this country, they shall be converted to the christian faith; and all Indians which shall hereafter be sold by our neighbouring Indians, or any other trafiqueing with us as for slaves are hereby adjudged, deemed and taken, and shall be adjudged, deemed and taken to be slaves to all intents. | Further preamble. All servants, ex'pt Turks & Moors, while in amity with the king of England, whether Negroes, Moors, mulattoes or Indians, not being Christians, when purchased, tho' afterw'ds converted, and brought in by sea or land to be slaves. Also all Ind'ns sold by neighbouring Indians or others trad'g with us to be slaves. |
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| * The running title of the acts of this session in edit. 1733 and 1752, is, 'Anno tricessimo quarto Caroli secundi regis.' |
| and purposes, any law, usage or custome to the contrary notwithstanding. | |
ACT II. | |
| An act declaring Indian women servants tithables. | Edit. 1733 and 1752. |
| WHEREAS it hath bin doubted whether Indian women servants sold to the English above the age of sixteene yeares be tythable, Bee it enacted and declared, and it is hereby enacted and declared by the governour, councill and burgesses of this generall assembly and the authority thereof, that all Indian women are and shall be tythables, and ought to pay levies in like manner as negroe women brought into this country doe, and ought to pay. | Purvis 284. Indian women to be charged with levies or taxes the same as negroes. |
ACT III. | |
| An additional act for the better preventing insurrections by Negroes. | Edit. 1733 and 1752. |
| WHEREAS a certaine act of assembly held at James Citty the 8th day of June, in the yeare of our Lord 1680, intituled, an act preventing negroe insurrections hat not had its intended effect for want of due notice thereof being taken; It is enacted by the governour, councell and burgesses of this generall assembly, and by the authority thereof, that for the better putting the said act in due execution, the church wardens of each parish by the first day of January next provide true coppies of this present and the aforesaid act, and make or cause entry thereof to be made in the register book of the said parish, and that the minister or reader of each parish shall twice every yeare vizt. some one Sunday or Lords day in each parish church or chappell of ease in each parish in the time of divine service, after the reading of the second lesson, read and publish both this present and the aforerecited act under paine such churchwarden minister or reader makeing default, | Purvis 284. Copies of this act, & the act of June, 1680, (ante pa. 481) to be obtained by churchwardens, & to be publicly read in churches twice a year. Penalty. |
| to forfeite each of them six hundred pounds of tobacco, one halfe to the informer and the other halfe to the use of the poore of the said parish. And for the further better preventing such insurrections by negroes or slaves, Bee it likewise enacted by the authority aforesaid, that noe master or overseer knowingly permitt or suffer, without the leave or licence of his or their master or overseer, any negroe or slave not properly belonging to him or them, to remaine or be upon his or their plantation above the space of four houres at any one time, contrary to the intent of the aforerecited act upon paine to forfeite, being thereof lawfully convicted, before some one justice of peace within the county where the fact shall be comitted, by the oath of two witnesses at the least, the summe of two hundred pounds of tobacco in cask for each time soe offending to him or them that will sue for the same, for which the said justice is hereby impowered to aware judgment and execution. | No master or overs'r to permit a negro or slaves to remain on
his plantation above 4 hours, without leave of the owner. Penalty. |
ACT IV. | |
| An act prohibitting the exportation of any iron, wool, woolfells, skins, hides or leather. | Edit. 1733 and 1752. |
| WHEREAS it is found by experience that iron, wool, woolfells, skins and hides tanned or untanned, of any deer, oxe, steer, bull, cow or calfe are very necessary and profittable for the use and support of the country, and would be found profittable for the setting to work many men, women and children in this country which lye idle for want of imployment, and some naked for want of such necessaries as might be wrought out of the same, which they are kept from by reason of the great quantities of them yearly exported out of the country to the great impoverishment of the inhabitants thereof; ffor the better preventing and avoiding of such losses and incoveniences that have happened, and doe and may happen to this dominion by and through he exportation and transportation, and by and through the carrying and conveying away of any iron, wool, woolfells, skins, hides, tanned or untanned, of any deer, oxe, steer, bull, cow or | Purvis 285. Preamble. |
| calfe out of and from this country, and for the better setting to work the poorer and weaker sort of people of this country, and to the intent that the full and best use and benefitt of such principle native comodities may come and redound, and bee unto and amongst the inhabitants of the same; The house of burgesses now assembled, doe pray that it may be enacted, And be it enacted by the governour, councell and burgesses of this generall assembly, and by the authority of the same that noe person or persons whatsoever from and after the first day of January next, shall directly or indirectly export, transport, carry, convey or cause to be exported, transported, carried or conveyed out of or from this dominion or country of Virginia, into any part or places out of the same any iron, wool, woolfells, skins or hides, or any manner of leather, tanned or untanned of any deer, oxe, steer, bull, cow or calfe, nor shall directly nor indirectly load or lay on board, or cause to be loaden, or laid on board in any ship, sloope, boate or other vessell, in any place or port within this dominion, any such iron, wool, woolfells, skins or hides, tanned or untanned of any deer, oxe, steer, bull, cow or calfe, except only such hides and iron as shall appeare by the oath of the owner to be directly transporting to some tanhouse or smyth in this country to be there wrought up. And be it further enacted by the authority aforesaid, that all and every the offender and offenders offence and offences aforesaid shall be subject and lyable to the respective paines, penalties and forfeitures hereafter following, that is to say, the said iron, wool, woolfells, skins or hides, or any manner of leather, tanned or untanned of any deer, oxe, steer, bull, cow or calfe, soe put on board to be exported, transported, carryed, conveyed or loaden contrary to this act shall be forfeited, and that every offender and offenders therein, shall forfeite forty pounds of tobacco for every pound of wool and woolfells, and one hundred and fifty pounds of tobacco for every skin or hide or any manner of leather, tanned or untanned of any deer, oxe, steere, bull, cow or calfe, and tenne pounds of tobacco for every pound of iron, and alsoe the owner or owners of the said ship or vessell knowing such offence, shall forfeit all their interest in the said ship or vessell, with all their apparell | Exportation of iron, wool, woolfells, skins, hides & leather prohibited. Penalty for breach of this act |
| and furniture to them and every of them belonging, and the master mariner or seamen thereof knowing such offence, or being aiding or assisting thereunto, shall forfeit all their goods and chattells, and have imprisonment for the space of three months without baile or mainprize, the one moiety of which said penalties and forfeitures shall be to the kings majestie, his heires and successors, and the other moiety to him that will sue for the same by action of debt, bill, plaint or information in any court of record, wherein noe essoigne, protection or wager of law shall be allowed; And be it further enacted by the authority aforesaid that every offence that shall be done or committed contrary to this act shall and may be enquired of, heard, examined, tryed and determined in the county where such iron, wool, woolfells, skins or hides, or any manner of leather tanned or untanned, of deer, oxe, steer, bull, cow or calfe respectively, shall be soe loaden or laid on board aforesaid contrary to this act, or else in the county where such offender shall happen to be apprehended or arrested for such offence, in such manner and forme, and to such effects to all intents and purposes as if the same offence had bin wholy and altogether committed and done at and in such county. Provided alwaies, and be it enacted by the authority aforesaid that noe person or persons whatsoever shall att any tyme hereafter be impeached for any offence aforesaid, unless such person or persons shall be prosecuted within two yeares next ensueing such offence committed. And bee it further enacted by the authority aforesaid that it shall and may be lawfull to and for any person or persons to seize, take and challenge to his or theire owne use and behoofe, and to the use of the king, his heires and successors, all and all manner of such iron, wool, woolfells, skins or hides tanned or untanned of deer, oxe, steere, bull, cow or calfe as he or they shall happen to see, find, know of or discover to be laid on board of any ship or other vessell or boate to the intent or purpose to be exported or conveyed out of the country, contrary to the true meaning of this act; and that such person or persons that shall happen soe to seize take or challenge any such iron, wool, woolfells, skins or hides, tanned or untanned of deer, oxe, steer, bull, cow or calfe as | How recoverable. Where trial may be had. Limitation of prosecutions. Prohibited articles may be seized. |
| aforesaid, shall have the full moiety thereof to all intents and purposes. And bee it further enacted by the authority aforesaid that whatsoever person or persons shall from and after the first day of January next, sell, dispose, vend or barter, to or with any merchant, not being an inhabitant of this country, or to or with any master, mariner or other person belonging to any ship, vessell, boat or sloope, any iron, wool, woolfells, skins or hides, or any manner of leather, tanned or untanned of any deer, oxe, steer, bull, cow or calfe, the person or persons soe offending, and being thereof lawfully convicted, shall forfeite and pay for every hide or any manner of leather, tanned or untanned of any deer, oxe, steer, bull, cow or calfe one hundred pounds of tobacco, and for every pound of wool or woolfells, twenty pounds of tobacco, and for every pound of iron five pounds of tobacco, soe sold, disposed or bartered as is aforesaid, the one halfe to his majestie, his heires and successors, and the other halfe to him, or them that will sue for the same by action of debt, plaint or information in any court of record wherein noe essoign protection or wager of law shall be allowed or granted. And for the better putting this act into execution, Bee it enacted by the authority aforesaid, that all justices of the peace in every respective county in this country be required and strictly enjoined upon notice to him or them given of any skins, iron, wool, woolfells, hides tanned or untanned of any deer, oxe, steer, bull, cow or calfe being on board any ship, sloop, boat or vessell, or of any opposition or resistance made in the seizure thereof, to issue out his warrant to the high sherriffe, under sherriffe, constable or other officers requiring them to goe aboard such ship, sloop or vessell, and there to make diligent search and seizure of the said hides, skins, iron, wool, woolfells or any leather tanned or untanned found on board the shipp, sloop or vessell, or if any justice or justices of the peace upon request to him or them made, refuse or neglect to issue out warrant, or any sherriffe, under sherriffe or other officer shall refuse to execute such warrant, hee or they soe offending, shall forfeite three thousand pounds of tobacco and caske. And if any person or persons shall upon command made to him in his majesties name refuse to be aiding or assisting | Pen'ty for selling prohibited articles to persons not
inhabitants, &c. Justices of the peace to enforce this act. Penalty for resisting, or refusing obedience to a justices's warrant. |
| to such sherriffe or other officer in the execution of such warrant, ever such person soe soe offending shall forfeite the summe of one thousand pounds of tobacco and caske, one halfe of all such fines and forfeitures to be paid to the kings majestie, the other halfe to him or them that will informe, to be recovered as is before directed. And it is further enacted by the authority aforesaid, that every collector in this country shall att the entry of every ship or vessell acquaint every master of such ship or vessell with this act, and enter a perticular clause in the condition of their entry bond for the performance of the same. Provided alwaies and it is the true intent and meaning of this act, that if any person or persons shall hereafter he sued or impleaded by vertue hereof for the breach of any clause or prohibition herein contained, upon the forfeitures or penalties herein before mentioned, expressed or provided, that then and in such case, such person or persons soe prosecuted, sued or impleaded, shall not be lyable or subject to be sued, impleaded or prosecuted by any other law heretofore made or provided against the exportation of any of the hides, iron, wool, skins or other things herein before enumerated; any other former law custome or usage to the contrary notwithstanding. Provided alsoe that this act shall continue in force untill the tenth day of November, which shall be in the yeare of our Lord 1685, and from thence to the end of the next session of assembly. | Duty of collectors. Proviso. Limitation of this act. |
ACT V. | |
| An act directing how commissions of dedimus potestation and other writts shall issue. | Edit. 1733 and 1752. |
| WHEREAS the present course of signing comissions of dedimus potestatem, writts of execution and attachment by the governour in causes depending in the generall court, is found by experience to be very burthensome and greivous to suiters; the burgesses now assembled doe pray that it may bee enacted, and bee it enacted by the governour, councill and burgesses of this present generall assembly, and by the authority | Purvis 289. Preamble. |
| thereof, that all writts or commissions to examine witnesses called dedimus potestatem at the request of either of the parties plaintiffe or defendant in any cause now depending, or which shall or may hereafter depend in the generall court, shall and may be issued and signed by any one of the honourable councill in such forme, and according to such rules and directions as are by law already prescribed and laid downe, and that all writts of execution and writts of attachment awarded by any order of judgment of the said court shall and may be issued forth of the secretaries office by the clerke there attending, and for that purpose authorized by the secretary, and by him signed without putting the parties to the trouble of attending or sending to the governour for his signe as hath bin formerly used, and all such writts to return to Mr. Secretaryes office, any former law, custome or usage to the contrary notwithstanding. | Commissions to examine witnesses or writs of dedimus
potestatem to be signed by any member of the council. Executions & attachments may be issued by an attend'g clerk, in the secretary's office. |
ACT VI. | |
| An act repealing the 6th act of assembly of June 1680, about attornies. | Edit. 1733 and 1752. |
| FORASMUCH as the sixth act of assembly made att James Citty the 8th day of June 1680, (about attourneys) is found inconvenient. Bee it therefore enacted by the governour, councill and burgesses of this generall assembly, and it is enacted by the authority aforesaid, that the foresaid act of assembly, and every clause thereof from hence be repealed and made voyd. | Purvis 290. Act VI of June 1680 (ante pa. 478) repealed. |
ACT VII. | |
| An act disbanding the present souldiers in garrisons in the fforts on the heads of the severall rivers, as alsoe for the raiseing of other forces in their stead. | Edit. 1733 and 1752. |
| WHEREAS the present garrisons in the severall forts built according to an act of assembly held at James Citty the 8th day of June 1680, entituled, an act for continuation of the severall garrisons and | Purvis 291. Preamble. |
| fortifications at the heads of the four great rivers, are by experience found, very burthensome and chargeable to the country, and for as much as the apprehentions of danger from the insurrections of certaine Indian enemies induced that assembly to erect those forts and place those garrisons in them, are for the most parte removed by peace concluded with those Indians then our enemies; the house of burgesses now assembled, do pray that it may be enacted, And bee it enacted by the governour, councell and burgesses of this generall assembly, and by the authority thereof, that the said severall forts and garrisons be dismantled and the forces, officers and soldiers therein and in each of them disbanded sometime between this and the thirtieth day of this instant, December, and that each officer and soldier by the time aforesaid, doe actually deliver up his horse, armes and furniture to the respective owners of them, and for as much as it may be dangerous and of evill consequence to leave the fronteires of the country and the heads of the aforesaid rivers altogether unguarded, It is hereby enacted that twenty men well furnished with horses and all other accoutrements be raised and listed in each of the counties of Henrico, New Kent, Rappahanock and Stafford, of such housekeepers belonging to the said counties as shall voluntarily offer themselves for this service, and for want of such or soe many housekeepers, that then the said number shall be made of such freemen as shall willingly offer themselves, and give security to the militia officers of that county to performe all services and other things as by this act is enjoyned them; but in case such twenty men quallified as aforesaid, shall not be found in each of the said counties, then it shall and may be lawfull for the militia officers of the said counties to impresse such, and soe many men furnished as aforesaid as shall be wanting to compleate the number required by this act. And his excellency the governour is hereby desired to make choice of and commissionate some fitt and able person in each of the foresaid counties who is a housekeeper therein to command, lead, traine, conduct and exercise the said twenty souldiers to be raised in the said county, of which he shall be appointed and commissionated by | Forts & garrisons built und. act June 1680, (ante pa. 469) dismantled, & soldiers disbanded. Twenty men, well furnished to be raised in each of the counties of Henrico, New Kent, Rappahann'k & Stafford, by voluntary enlistm't; or by impressment. |
| his excellency the governour generall, the leiutenant or deputy governour as aforesaid. And it is further enacted that the chiefe officers of the militia in each of the said respective counties shall make choice of the most able and fittest person out of such twenty men as to them shall seem most fitt and convenient to be corporall of the troope of that county, who in the absence of the captain of the said troope, occasioned by sickness and otherwise, is to lead, train, command and exercise the said troop, or company of twenty men. And bee it further enacted by the authority aforesaid, that the pay of each officer and soldier shall be as followeth: To the captain of each troop finding himself horse, armes, ammunition and provision, eight thousand pounds of tobacco with caske out of the publique leavy for one whole yeare, and soe after that rate for a longer or shorter time; to the corporall of each troope, three thousande pound of tobacco with caske as aforesaid for one whole yeare, and soe after that rate for a longer or shorter time; and to each soldier finding himself horse, armes furniture, provisions, ammunition and other necessaries as aforesaid, two thousand pounds of tobacco and caske as aforesaid, and soe after that rate for a longer or shorter time. And bee it enacted by the authority aforesaid, that each captain, or in his absence his corporall shall once every month muster, treine, exercise, instruct and discipline the troop or soldiers under his command on paine to forfeite five hundred pounds of tobacco in caske for each time he shall neglect such muster or exercise unless occasioned by sickness. And that every captain or in his absence occasioned by sickness, his corporall shall at the least once in every fourteen daies range and scout about the frontiers of the county for which they serve, and in such other places as shall be most likely for the discovery of the enemy under paine of forfeiting for every time he shall neglect such ranging and scouting one thousand pounds of tobacco in caske. And that every soldier that shall neglect or omitt to appeare at such muster, shall forfeite one hundred pounds of tobacco in caske, and for not scouting and rangeing as aforesaid, the summe of two thousand pounds of tobacco and caske for every such default, all which forfeitures to be recovered by action of debt by him or them that will informe, the one halfe to the | Officers, how appointed. Pay of officers and soldiers. Discipline of troops. Must range on the frontiers. Penalty for neglect. |
| informer, the other halfe to the use of the county. And be it further enacted by the authority aforesaid, that upon notice, advice or discovery of the approach or attemt of any enemy, the said captain or corporall of the troop is hereby required to give speedy advice thereof to some one or more of the cheife officers of the militia, and he or they to his excellency the governour, the right honourable deputy governour or some one of the honourable councill, and in the meane time to observe and attend the motion of the enemy, only unlesse he shall obstinately persist to commit acts of hostility, and in such case of necessity to engage and destroy them if he shall see cause, and in all thing to attend and execute such orders and commands as he shall receive from the governour and councell. And it is further enacted, that for their better management and ordering their horses and makeing them fitt for service, noe soldier presume to use or bring to service any other horse then that only which shall be first mustered and approved, of which each captain is to take such perticular notice as that he may know the horse againe, unlesse in case such horse shall be by some accident made unfitt for service, in which case such soldier may provide himselfe of another able horse in his stead, which he is likewise not to part with, unlesse for his first horse againe; and this act to continue in force for three yeares from the first day of January now next ensueing. Provided alwayes, and be it enacted by the authority aforesaid, that the aforerecited act of the 8th of June 1680, intituled, an act for continuation of the severall garrisons and fortifications at the heads of the four greate rivers be repealed, and it is hereby repealed for three yeares under his majesties good likeing, and after untill his majesties pleasure shall be signified to the contrary; any thing herein to the contrary notwithstanding. | Notice to be given to militia officers of the approach of
Indians. What horses to be kept for service. Limitation of this act. Act of 8th of June, 1680. (ante pa. 469) repealed for 3 years. |
ACT VIII. | |
| An act imposeing further penalties upon any person or persons that shall publish or declare that the acts of assembly of Virginia are not of fforce. | Edit. 1752. |
| THIS assembly takeing into their serious consideration that divers ill disposed persons, wickedly intending to invallid the lawes of this country and | Purvis 294 and Edi. 1733. Preamble. |
| bring them into contempt and disrepute, have moved and stirred certain doubts whether there be any lawes in force and efficacy soe as to be binding to his majesties subject, being in this his majesties dominion of Virginia. For preventing of such mischeifes, Bee it enacted by the governour, councill and burgesses of the generall assembly, and it is hereby enacted and declared, that if any person or persons shall at any time or times after the publishing of this present act maliciously and advisedly utter, publish and declare by words or writeing, that the acts of assembly of Virginia not repealed, expired, vacated or annulled by the kings most excellent majestie are not of force or binding within this his majesties dominion, to all his majesties subjects inhabiting or being therein, such person or persons soe offending shall be adjudged, deemed and taken to be factious and seditious and contemners of the lawes, and being thereof lawfully convicted, shall for the first offence bee fined one thousand pounds of tobacco, and suffer one months imprisonment, without bayle or mainprize and for the second offence, two thousand pounds of tobacco and two months imprisonment, and for every such offence after double the penalties and forfeitures aforesaid, one half of which forfeitures to the kings majestie, his heires and successors, and the other halfe to the informer, to be recovered by action of debt in any of his majesties courts in this his majesties country, which said penalties are to be added and imposed over and besides all other punishments that may be legally inflicted on such offenders. | Penalty for uttering or publish'g by words or writ'g, that the acts of assembly of Virginia, are not binding. For the first offence. For the second offence. For a subseq't offence. |
ACT IX. | |
| An act repealing an ecception in the 9th act of assembly made anno 1664. | Edit. 1733 and 1752. |
| WHEREAS the 9th act of assembly made at James Citty the 20th of September 1664, intituled an act concerning arrests in court time, exemts the inhabitants of James Citty county from the benefitt thereof, leaving them liable to arrests in the time of generall courts and assemblies, which is found injurious to many of the inhabitants of the said county; Bee it therefore enacted by the governour, councill and burgesses | Purvis 295. (See an. p. 213.) |
| of this generall, assembly, and it is enacted by the authority aforesaid, that the latter clause of the said recited act (whereby the inhabitants of the said county are excepted out of the said act) be repealed and made void, and that the inhabitants of the said county have equall benefitt of the said recited act, without the other inhabitants of this country. Provided alwayes, neverthelesse that this act shall not extend to the inhabitants of James Citty, but that they and every of them shall be lyable to arrests in court time, as though the exception in the said act of assembly, Anno 1664, did still remaine in full force; any thing in this act aforementioned to the contrary notwithstanding. | So much of act IX of 1664, as excepts the inhabitants of Jas. City county from privileges of that act, repealed; but inhabitants of James City, still liable to arrests in co't time. |
ACT X. | |
| An act that witnesses be free from arrests. | Edit. 1733 and 1752. |
| FORASMUCH as many persons summoned or subpoened as evidences in cause depending in the courts of this country many times faile in appearing for feare of being arrested when they appeare at court as witnesses, whereby many times many inhabitants of this country loose their suites and just dues; Bee it enacted by the governour, councill and burgesses of this generall assembly and bee it enacted by the authority aforesaid, that from henceforth all persons sobpœned as evidences or witnesses in any cause or matter depending in any court in Virginia, shall be free from arrests for any debt or trespass (except at the kings suite) dureing their attendance att courts and their direct comeing to court and returning home, &c. | Purvis 295. Preamble. Witnesses subpœnaed to any court, privileged from arrest, except at the king's suit, during their com'g to and remaining at court, and their return'g home. |
ACT XI. | |
| An act for the encouragement of the manufactories of linnen and wollen cloth. | Edit. 1733 and 1752. |
| BEE it enacted by the governour, councill and burgesse of this generall assembly, and it is hereby enacted by the authority aforesaid, that what person or persons shall produce to the county court where he or they | Purvis 296. Premium for producing flax seed and hemp seed |
| shall reside, a certificate under the hands of two justices of the peace of the same county, (whereof one to be of the quorum) that such person or persons have produced to them upon oaths of his or their owne growth or manufactury, a greater or lesser quantity of fflaxseed and hempseed, or either of them shall have given and allowed him or them for encouragement to persist in soe usefull manufactures, for ever peck of fflaxseed four and twenty pounds of tobacco, and for every peck of hempseed, twenty pounds of tobacco for which the county court is impowered to give every person or persons certificate thereof attested by their clerk, which shall be a sufficient proofe to the generall assembly to order the said person or persons their said encouragement out of the publique levy, Provided such certificates from the justice to the county court be filed at the courte and fixed up there to the intent that all persons whatsoever may have a view of the same, And bee it further enacted by the authority aforesaid, that what person or persons soever shall by his industry out of his owne growth and manufacture, work up his flax and hemp fitt for the spindle, and produce the same to the next county court, or make the same appeare by certifficates as aforesaid, for every pound soe wrought up, either of fflax or hemp, he or they shall be allowed two pounds of tobacco for his or their encouragements by the publique, and a certificate thereof shall be given from the county court to the generall assembly, which certifficate shall be sufficient proofe for him to be allowed out of the publique leavy. And be it further enacted by the authority aforesaid, that for the better and further encouragement of the aforesaid manufacturie of hemp and fflax, and for the working up our wool into cloth, that every person that shall make, or cause to be made, the said hemp or fflax soe wrought to the spindle as aforesaid into linnen cloth, that such person or persons shall be allowed for every ell of such linnen that shall be three quarters of a yard wide or more six pounds of tobacco, and for every yard of woolen cloth or lincywoolcy of the like breadth six pounds of tobacco to be paid for the publique, such person or persons produceing the said linnen or woolen cloth or lincywoolcy to the county courte, where he or they shall reside, who are hereby required and impowerd | Proviso. Premium for dressed flax or hemp. For linen cloth. For woolen cloth and linsy woolsy. |
| to examine and enquire and take proofe that the said linnen and woolen or lincywoolcy are of their proper growth and manufacturie, and accordingly certifie the same to the next assembly which certifficate, shall be received as proofe to the assembly for the allowing thereof out of the publique levy. And whereas it is well hoped that by the encouragement aforesaid that there will bee such great quantities of fflax and hemp seed produced in this country as will abundantly furnish the inhabitants for the ends and purposes hereafter mentioned, and that the said inhabitants be remembred carefully to provide themselves seed the next ensueing yeare for the yeare following, Bee it further enacted by the authority aforesaid, that every tythable person that shall be in the country in the yeare 1684, according as he is usually noted or sett downe in the lyst of tythables shall make, or cause to be made, one pound of drest flax and one pound of drest hemp or two pound of either, and yearly and every year thereafter, under the penalty of fifty pounds of tobacco for every pound of flax or hemp neglected or omitted to be made as aforesaid, the same to be paid, the one halfe to the county, and the other to the informer by such master, owner or overseer of any family or company of servants, or any other tithable that shall be found to neglect or omitt as aforesaid. And for the better discovery of such neglect or omission, that all masters, owners or overseers who have the charge of families and companies of servants and other tythables, shall at some convenient time before the laying of the leavies in the respective counties produce before some justice of the peace of the county the foresaid quantities of hemp or flax as is herein enjoyned to be made, and the same deliver upon oath, which oath the said justice is hereby impowered to administer that the fflax or hemp soe produced is of his owne growth and manufactury. And be it further enacted by the authority aforesaid, that there shall be allowed and paid out of the publique leavy for every well wrought hatt made of wool or furrs in this country to the maker thereof ten pounds of tobacco, and for every dozen paire of men or womens woolen or worsted hose, twelve pounds of tobacco, to be prooved and certified in such manner and for me as is in this act before expressed for linnen and woolen | Every tithable compelled to make 1 lb. of dressed hemp and
flax, or 2 lbs. either, annually. Penalty for neglect. How neglect to be discovered. Premium for hats. For woolen or worsted hose. |
| cloth. Provided alwaies neverthelesse, and it is the true intent and meaning of this act that this law shall continue in force untill the tenth day of November, which shall be in the yeare of our Lord 1685 and noe longer, any thing in this act before contained to the contrary notwithstanding. | Limitation of this act. | ||||||||||||||||||||||||||||||||||||
ACT XII. | |||||||||||||||||||||||||||||||||||||
| An act for the advancement of manufacturies of the growth of this country, and for the better and more speedy payment of debts and leavies. | Edit. 1733 and 1752. | ||||||||||||||||||||||||||||||||||||
| FOR encouragement of manufacturies and improvement of commodities of the growth of the country, and alsoe assertaining their rates and prices; Bee it enacted by the governour, councill and burgesses of this generall assembly, that all debts either in money or tobacco contracted after the publication hereof in this his majesties collony and dominion of Virginia, where the debtor upon demand of the creditor cannot pay the same in specie or kind, and shall upon his oath declare before some one justise of the peace which oath the said justice is hereby impowered and required to administer, the summe of money or quantitie of tobacco he hath here or elsewhere, and shall make tender of soe much towards payment of his debt, that then and in such case it shall and may be lawfull for every such debtor to make payment of his debt or the remainder thereof in the comodities and manufacturies of this country hereafter mentioned, at the rates and prices hereafter following: | Purvis 298. For encouragement of manufacture & the products of the country, all debts due in money or tobacco may be paid in the articles, and at the prices following. | ||||||||||||||||||||||||||||||||||||
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Denomination & rates of articles. |
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| Which comodities must be at the time of tender, good, sound, wholesome and merchantable in their kind, and if any difference happen therein, the same shall be determined by two of the neighbourhood appointed and required thereunto by the next justice of peace. Provided, and it is hereby enacted and declared that this act or any thing herein contained doth not extend to the quitrents or other his majesties dues or customes. Provided alwaies neverthelesse, and it is the true intent and meaning of this act, that this law shall continue in force untill the tenth day of November, which shall be in the yeare of our Lord 1685, and noe longer; any thing in this act before contained to the contrary notwithstanding. | The articles must be wholsome and merchantable. Differences as to quality, how determined. This act not to extend to quit-rents or public cues. Limitation of this act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
ACT XIII. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| An act for the publique leavie. | Edit. 1733 and 1752. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| BEE it enacted by the governour, councill and burgesses of this generall assembly, and the authority thereof, that the summe of eighty nine pounds of tobacco | Purvis 300. Taxes for the year 1682. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| * The letter C, in this place, stands for Centum, or a hundred. |
| be paid by every tithable person within this his Majesties collony and dominion of Virginia for the defraying and payment of the publique charge of the country, being the publique leavy for this present yeare, and that it be paid by the collectors of the severall countyes to the severall persons to whome it is proportioned by this present generall assembly. | |
| Signed by LORD CULPEPER,
Gov'r. THOMAS BALLARD, Speaker. Vera Cop. THO. MILNER, Cl. Assembly. | |
ATT THE COURT ATT WHITEHALL, DECEMBER 21, 1681. Present the Kings most excellent Majestie in Councill. | |
| UPON reading a report this day at the boarde from the right honourable the lords of the committee for trade and foreine plantations setting forth, that haveing received a report from the commissioners of the customes upon an act made in virginia for cohabitation and encouragement of trade and manufacture which their lordships had referred unto them, and that finding the present act impracticable, they humbly offered that it might be referred to the Lord Culpepper with direction that it might be taken into consideration by the councill and assembly of Virginia, in order to the frameing such an act as might be more practicable and usefull, and not prejudiciall to his majesties customes, and in the meane while such part of the act now in being as concerns the time wherein the same is to take place as to the landing of goods, and shiping of tobacco be imediately suspended untill his majesties further order, And it is hereby ordered that the right honourable the Lord Culpepper, his majesties leiutenant and governour generall, or the commander in chiefe of Virginia for the time being, doe signifie his royall pleasure according to what is proposed in the said report. | Act V of June 1680 (ante pa. 471) suspended by the king in council. |
| FRANCIS GWYN.
Cop. THO. MILNER, Cl. Assembly. |
| Pages 471-489
| Pages 509-531
|