Pages 119-136 
|  Pages 153-167
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| Pages 119-136
| Pages 153-167
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| ATT A Generall Assembly, BEGUN ATT JAMES CITTY | |
| THE 24th DAY OF SEPTEMBER IN THE EIGHTH YEAR OF THE REIGN OF OUR SOVEREIGN LORD, WIL- LIAM THE THIRD, BY THE GRACE OF GOD OF ENGLAND, SCOTLAND, FRANCE AND IRE- LAND, KING, DEFENDER OF THE FAITH, &c. ANNOQUE DOM. 1696.  ACT I. |
Sir Edmund Andros, Govr. |
| An act for punishment of ffornication and seaverall other sins and offences. | Edi. 1733 and 1752. |
| WHEREAS there are severall and many laws now in force for the suppression of the sins of swearing, | Preamble. |
| Various Readings | |
| * In all the MSS. of this period, the commencement of this session is stated to be on the 24th of September, in the eighth year of the reign of William the third; but in the revisals of 1733 and 1752, the session is said to commence on the 24th of April, in the eighth year of the reign of William and Mary. How a session of the assembly, in 1696, could be held in the reign of William and Mary, when it is a well established historical fact that Mary died, on the 28th of December 1694, in the 7th year of their reign. William then assumed the title of William the third, and reigned alone till his death, on the 8th of March 1701-2; but in the computation of the time of his reign, the period in which he reigned jointly with Mary, is calculated. Thus the year 1696, is said to be in the eighth year of the reign of William the third, as that of 1695, was the seventh of William and Mary. At the end of the acts of 1695, there is the following note, in the editions of 1733, and 1752. "N. B. There was another session of this assembly, held the 23rd of April 1696, in the 8th year of king William's reign, but no laws passed." −− This is another proof of the want of correctness in the printed copies; −− for it is impossible to suppose that an assembly should be held on the twenty-third of April, at which no laws passed, and on the very next day, the twenty-fourth, that another assembly should be held, at which were passed the number of laws which we see were enacted at this session. The fact must have been, that the word April was introduced in the commencement of the acts of this session, in the edition of 1733, by mistake and was copied in the revisal of 1752, without reference to the MSS. |
| cursing, profaining God's holy name, sabbath abuseing, drunkenness, fornication and adultery, which have not had their desired effect of reason that some of the same lawes seem to be contradictory to the other for the better regulation whereof for the future, and the better to prevent and deter all offenders from the said offences and sins, | |
| Be it enacted by the Governour, Councell and Burgesses of this present Generall Assembly and the authority thereof, and it is hereby enacted, That the ninth act of assembly in the printed book intituled Sundayes not to be prophained, and the thirteenth act of assembly in the printed book entituled, Church-wardens to make presentments, and the hundredth act of assembly in the printed book, entituled an act against ffornication, and the twelfth act of assembly made the 23d of December 1662, entituled an act for molatto children being bond or free, according to the condition of the mother, and the 11th act of assembly made att James Citty 1691 entituled an act for the more effectuall suppressing the severall sins and offences of swearing, cursing, prophaining God's holy name, sabbath abuseing, dunkeness, fornication and adultery and every clause and article in the said acts contained, shall bee and are hereby repealed, made void, null and of noe effect to all intent constructions and purposes as if the said acts had never been made. | Certain enumerated laws repealed. |
| And be it further enacted by the authority aforesaid and it is hereby enacted, That noe person or persons shall from henceforth swear, curse or prophaine God's holy name, and that if any person or persons shall hereafter offend therein and shall thereof be lawfully covicted by the oath of two witnesses or by confession of the party then every such offender shall forfeit and pay for every such offence the sum of one shilling, And for the prevention of sabbath breaking, | Penalty for swearing, cursing, or profaning God's name; |
| Bee it further enacted by the authority aforesaid, that there shall be noe unlawfull meetings or assemblies of people on the Lord's day, and that noe person or persons whatsoever shall travell upon the said day, and that noe other thing or matter whatsoever shall be done upon that day tending to the breach of the sabbath but that the same in all respect be kept holy, upon pain that every person or persons soe offending and being | for not keeping holy, the sabbath; |
| convicted as aforesaid, shall forfeit and pay for every such offence, the sume of twenty shillings or two hundred pounds of tobacco att the election of such offender or offenders. And for the suppression of drunkenness, | |
| Be it further enacted by the authority aforesaid, That all and every person or persons who shall from henceforth be drunk and of the same offence of drunkenness shall be lawfully convicted as aforesaid, shall forfeit and pay the sume of ten shillings or one hundred pounds of tobacco att the election aforesaid, and if the offender or offenders in any of the aforesaid vices be not able to pay the fines and forfeitures aforementioned then every such offender or offenders therein, shall be committed to the stocks for every such offence there to remaine the space of two full howers. And for the more effectual suppression and prevention of the sins of fornication and adultery, | for drunkenness; |
| Bee it further enacted by the authority aforesaid, that every person or persons comitting fornication and being therein lawfully convicted by the oath of two witnesses or confession of the party shall forfeit and pay the sume of five hundred pounds of tobacco and casque for every time soe offending and that every person or persons comitting adultery and being thereof lawfully convicted as aforesaid, shall forfeit and pay for every such offence the sume of one thousand pounds of tobacco and casque, and it the offender or offenders in any or both the aforeasid two sins or offences, be not able to pay theire fines and forfeitures for the said offences mentioned then every offender or offenders therein, shall for every time soe offending receive on his her or their bare backs twenty-five lashes well laid on, or two monthes imprisonment without bayle or mainprize, and if they or either of them comiting fornication as aforesaid be servants, then if the master or mistress of such servant or servants so offending or any other person doe pay the aforesaid five hundred pounds of tobacco the said servant in compensation thereof, shall serve halfe a year after the time by indenture or custome is expired, and if the master or any other person doe not pay the said fine the said servant shall receive upon his or her bare back twenty-five lashes well layed on, and if it happen that a bastard child be gotten in such fornication, then the servant if a woman in regard of the | for fornication; for adultery. Fornication and adultery, by servants. Bastards by servants. |
| loss or trouble her master or mistress sustained by her haveing a bastard shall serve one year after her time by indenture or custome is expired or pay one thousand pounds of tobacco to her master or mistress besides the fine or punishment for committing the offence and the reputed father to putt in security to kepp the parrish harmless. | |
| And be it further enacted by the authority aforesaid, That the grand jures and church-wardens and each of them in each respective county or parrish within this dominion, doe twice every year make due presentments of all the sins and offences comitted and perpetrated contrary to this act, and that the justices of the said court, are by vertue of this act impowered to punish the offender or offenders accordingly, all which fines and forfeitures shall be appropriated to the use of the parrish for their ease towards the maintenance of the minister, where such offence or offences shall be committed which fines or forfeitures shall or may be recovered by the church-warden or church-wardens of any parrish or parrishes by action of debt, byll, plaint or information in any court of record in this dominion, in which no essoign protection or wager of law shall be allowed. | Grand juries, & church-wardens to present offences against this
act. Justices empowered to punish offenders. Penalties, how recovered. |
| And be it enacted and declared by the authority aforesaid, and it is hereby enacted and declared, That all children born in this country be bond or free, according to the condition of their mother. | All children to be bond or free according to the condition of the mother. |
ACT II. | |
| An act for altering the court dayes in Accomack county. | Edi. 1733 and 1752. |
| WHEREAS the fifth act of assembly made the 20th of October 1686, entitled an act for ascertaining dayes for courts in Accomack county is found verry inconvenient and injurious to the inhabitants of the said county of Accomack, who desire that the said law may be repealed, and that another law may be made more suitable to their conveniency, | Preamble. |
| Be it therefore enacted by the Governour, Councell and Burgesses of this present Generall Assembly and the authority thereof, and it is hereby enacted, That the said |
| act and every clause and article therein contained be repealed and they and every one of them are hereby repealed and made null and void. | |
| And it is further enacted by the authority aforesaid, That for the future the court of the said county of Accomack, be constantly held by the justices thereof on the first Tuesday of the month in such manner as by the law of this country is provided, and shall be by their comissions directed, any law, usage or custome to the contrary notwithstanding. | Court day of Accomack county changed. |
ACT III. | |
| An act for giveing a reward to Indians for killing of Wolves. | Edi. 1733 and 1752. |
| WHEREAS the first act of assembly, made att James Citty the 16th day of April 1691, entituled an act for giveing reward for killing of Wolves hath been variously construed, some county courts haveing allowed the reward therein mentioned, and other county courts noe rewards att all unto Indians which have killed Wolves, for the prevention of the like mistakes for the future, and to the end Indians may be also encouraged to use their endeavours to destroy those injurious creatures, | Preamble. |
| Bee it enacted by the Governour, Councell and Burgesses of this present Generall Assembly and the authority thereof, and it is hereby enacted, That every Indian that shall hereafter destroy and kill Wolves by any way or means whatsoever, shall for every Wolfe he kills be paid in the county where the same is done, one hundred pounds of tobacco and casque for his encouragement and reward and no more, any law, usage or custome to the contrary notwithstanding. Provided alwayes, and it is the true intent and meaning of this act, that whatsoever Indian shall kill a Wolfe shall bring in the head of the said Wolfe, to a justice of the peace, and by some proofe or circumstance att the discretion of the justice, make it probably appear how, when and where he killed the said Wolfe, and also take from the said justice of the peace a certificate thereof, which being produced to the county court att proportioning the levy, shall be sufficient to cause the said | Rewards to Indians to kill
Wolves. What proof necessary. |
| court to raise upon the county the said reward, to be paid to such Indian as by such service shall deserve it, and to the end noe cheat may be putt upon the county by means of an Indian killing a Wolfe in one county and bringing his head to another county for allowance, | |
| Bee it enacted by the authority aforesaid, and it is hereby enacted, That it shall and may bee lawfull for every justice of the peace to whome such Indian shall make application for a certificate upon the least suspicion he hath of a fraud to forbear giveing the same, untill the Indian can bring him sufficient testimony to convince him that he killed the Wolfe in the county were he makes his claime. | Wolfe to be killed in the county were the
claim is made. |
ACT IV. | |
| An act for repealing the prohibition of planting tobacco after the last day of June, annually. | Edi. 1733 and 1752. |
| FORASMUCH as the prohibition of planting or replanting tobacco after the last day of June in every year, as is provided by a clause or section of the 7th act of assembly made att James Citty the 20th of October 1686, entituled an act declareing the 107th act of assembly made the 23d day of March 1661-2 to be in force, hath been found to bring great hardshipps upon some part of this his majesties dominion, and not to have those good effects which were generally expected from it, | Preamble. |
| Be it therefore enacted by the governour, councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the said clause or section of the said act which prohibits the planting or replanting of tobacco directly or indirectly after the last day of June annually under the pain and penalty of forfeiting and paying ten thousand pounds of tobacco for soe doeing be from henceforth repealed, annulled and made utterly voyd, and that it bee lawfull for all and every person or persons within this his majesties collony and dominion, to plant or replant tobacco att any time, as if no such restraint or prohibition of planting or replanting tobacco had ever been made. | Acts prohibiting the planting, or replanting of tobacco, after the last day of June repealed; and liberty given to plant, at any time. |
| ACT V. | |
| An act for ascertaining damages upon Appeales. | Edi. 1733 and 1752. |
| WHEREAS the acts already made giveing damages upon appeales doe admitt of divers constructions, for ascertaining of which and for remedy whereof for the future., | Preamble. |
| Bee it enacted by the Governour, Councell and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the 26th act of assembly in the printed book entituled appeales how to be made, and the third act of assembly made att James Citty the 17th September 1668, entituled an act concerning damages in Appeals and every clause and article in the said acts contained be from henceforth repealed and made void, to all intents constructions and purposes as if the said act had never been made, any thing in the said act to the contrary notwithstanding. | Certain acts repealed, see vol. 2. pa, 65 & 266. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That in all appeales to the generall court from the judgement of any county court or courts where the appellant shall be cast in such appeale, and the county courts judgment by the generall court shall be affirmed, the appellant soe cast for his vexatious appeall and suit, shall pay to the appellee fifteen per cent damages upon the principall debt, damages and costs of the county court, which shall be taxed in the bill of costs and levyed by execution in the principall debt, damages and costs of suite. | 15 per cent damages on appeals from county courts to genel.
court, on principal debt, damages & costs. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That the county courts in their respective counties shall not admitt of any appeale to the generall court, without the party appealing doe enter into bond with good and sufficient security to the appellee to appear and prosecute his said appeale at the said gennerall court and to stand and abide the award and judgment of the said court and pay the said damages of ffifteen per cent upon the principall debt, damages and cost, if cast in the appeale. | No appeal to be allowed, without bond and security given by the appellant. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That no person or persons shall commence any action or suit against any person or persons whatsoever to the generall court for any sum or sums for debt or damages under the value of two | Jurisdiction of general court. |
| thousand pounds of tobacco or ten pounds current money upon the penalty of paying the non-suit and such damages as are imposed by the 7th act of assembly made att James Citty the 3d of October 1670 entituled an act concerning litigious suits. | |
ACT VI. | |
| An act for imposeing penalties upon the non appearance of Evidences. | Edi. 1733 and 1752. |
| WHEREAS many causes of great consequence depending in courts or [of] judicature between parties and parties are utterly lost for want of appearance of evidences, and the king's process of subpœna contemned. | Preamble. |
| Bee it enacted by the governour, councell and burgesses of this present generall assembly, and the authority thereof, and it is hereby enacted, That the clause of the 30th act of assembly in the printed book entituled penalties for non-appearance of evidences, be from henceforth repealed, made null and void, as if the said clause had never been made. | Former act repealed −− See vol. 2. pa. 69. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted and declared, That if any wittness or witnesses being lawfully summoned by writ of subpœna to any gennerall court doe not make his or their personall appearance att the genneral court att the time in the writ mentioned to give his or their evidence, and likewise give his or their attendance as the said court shall think fitt in the tryall of the said cause or causes, he or they soe offending shall be fined and amerced to our sovereign lord the king, the sume of one thousand pounds of tobacco for the contempt of such process (unless the said offender shall appear att the next gennerall court and shew good cause for his said non-appearance) and shall be liable to pay all such demages as by the common law is given to the party injured for want of such evidence. And if any wittness or wittnesses lawfully sumoned by subpœna to any county court or courts doe not make his or their personall appearance att the time to which they were summoned to give his or their evidence, and likewise to | Fine to the king, and damages to the party, for non-appearance of witnesses; at the general court. at the county courts. |
| give his or their attendance, as the said court or courts shall think fitt in the tryall of the said cause or causes, he or they soe offending shall be fined and amerced to our sovereign lord the king the sume of three hundred and fifty pounds of tobacco, for the contempt of such process (unless he shall appear att the next county court or courts and shew good cause for his non-appearance) and shall be liable to pay all such damages as by the comon law is given to the party injured, for the want of such evidence. | |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any witness or witnesses lawfully sumoned by subpœna to give in his or their evidence upon any dedimus potestatem do not appear att the time and place in the subpœna mentioned, he or they so offending, if the cause for which the said dedimus potestatum is issued be depending in the gennerall court, shall be fined and amerced to our sovereign lord the king the sume of one thousand pounds of tobacco for the contempt of such process (unless he shall appear att the next generall court and shew good cause for his said non-appearance) and if in the county court, the sume of three hundred and fifty pounds of tobacco for the contempt of such process (unless the said offender shall appear att the next county court, and shew good cause for his said non-appearance) and shall be liable to pay all such damages, as by the comon law is given to the party injured for want of such evidence. | Penalty on witnesses sumoned by subpœna to give their depositions, failing to attend. |
ACT VII. | |
| An act declareing how long judgements and specialties shall be pleadable. | Edi. 1733 and 1752. |
| WHEREAS the law now in force for the limitation of actions and suits upon bills and bonds doth admitt of many doubts and ambiguities in the construction thereof, for the better explanation whereof for the future, | Preamble. |
| Be it enacted by the Governour, Councill and Burgesses of this present Generall Assembly, and the authority thereof, and it is hereby enacted, That the eighty first act of assembly in the printed book, intituled, judgements and specialties how long pleadable and every | See vol. 2, pa. 104. |
| clause and article thereof be from henceforth repealed and made void to all intents constructions and purposes as if the said act had never been made. | |
| And be it therefore enacted by the authority aforesaid, and it is hereby enacted, That noe bills or bonds shall be of force or recoverable by any action or actions above the space of five years after the date of the said bills or bonds, if noe time of payment be therein expressed then the said bills or bonds shall be in force five years after the last time of payment in the said bills or bonds expressed and mentioned, and noe longer. | Limitation in the recovery, on bills and bonds, −− five years. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That noe judgement or judgements obtained in any court shall be of force any further or longer time then seaven years after the date of the said judgment or after that the same has been renewed by writ of sciere facias. Provided alwaies, and it is the true intent and meaning of this act, that this act nor any thing therein contained, shall bee deemed or taken to extend to the limitting or annulling any bonds or obligations for the performance of covenants, but that the said bonds and obligations shall be in force, and recoverable, five years after the breach of the covenants in the conditions of the said bonds or obligations contained, any thing in this act to the contrary notwithstanding. Provided likewise, That if the debtor or obligor doe privately depart this country or the county where he resided and dwelt or contracted such debt or debts and have not a sufficient estate in the county where he so resided and dwelt or contracted such debts, or where such judgment or judgments were obtained against him, to satisfie the same, the said bill bond or judgment shall remaine and be in force and recoverable notwithstanding the said five yeares or seaven yeares be expired and past, any thing in this act to the contrary notwithstanding. | on judgments; seven years. on bonds, for performance of covenants. Proviso where the debtor removed, from the country. |
ACT VIII. | |
| An act for ascertaining the place where the court of York county shall bee kept. | Edi. 1933 and 1652. |
| FORASMUCH as upon the complaint of divers inhabitants of York county it hath been made appear | Preamble. |
| to this assembly, that the place where the court for the said county hath usually been held and kept is verry inconvenient and remote to a great part of the inhabitants of the said county and may bee appointed elsewhere to the greater ease and advantage of the people in gennerall, | |
| Bee it therefore enacted by the governour, councell and burgesses of this present generall assembly, and the authority thereof, and it is hereby enacted, That from and after the last day of October which shall be in the year of our Lord 1697, the court for York county be constantly held and kept by the justices upon those dayes and in such manner as the lawes of this countrey and the governours comission shall from time to time provide and direct, within the limitts and bounds of a certain parcell or tract of land, which by vertue of the eighth act of assembly made att James Citty the 16th day of April 1691, entituled an act for ports &c. was designed and laid out for and is now comonly called York Towne, and att noe other place or places whatsoever, any law, usage or custome to the contrary notwithstanding, and to the end due provision may be made for keeping the said court according to this act, | Court of York county, to be held at York town. |
| Bee it enacted by the authority aforesaid, and it is hereby enacted, That the justices or members of the said court take care that an house suitable and fitt to hold courts in and as bigg in dimension att least as the present court house now is, be errected built and finished att the charge of the county upon some certain place within the said limitts of York Towne between the end of this session of assembly and the last day of October 1697, upon pain that each respective justice or member of the said court for his default shall forfeit the sume of fifty pounds sterling, one moyety thereof to our sovereign lord the king, his heirs and successors for and towards the better support of the government and the contingent charges thereof, and the other moyety to the informer to be recovered by action of debt, byll, plaint or information in any court of judicature within this collony. | Court house to be built. |
| ACT IX. | |
| An act for ascertaining the gage of Pork, Tarr and other Barrells. | Edi. 1733 and 1752. |
| WHEREAS many frauds and abuses have been committed and done verry injuriously to the trade of this dominion by reason that pork, beef and tarr barrells have not a gage ascertained by law, for the prevention whereof for the future, | Preamble. |
| Bee it enacted by the Governour, Councell and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That from and after the 29th day of September next every beef, pork and tarr barrell that shall or may hereafter be shipped off for exportation or that shall be putt to sale by any person or persons in this dominion shall hold and contain att least the quantity of thirty gallons. | Size of barrels for beef, pork, and tar. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any cooper or coopers or any other person or persons after the 29th day of September next, shall make or sett upp any barrell or barrells for pork or tarr or any other thing of a less gage or dimension, then to hold and containe the quantity of thirty gallons per barrell, and if any person shall export or put to sale any barrell or barrells other then of the gage and dimension aforesaid, he or they makeing or putting up or exporting or putting to sale any such barrell or barrells shall forfeit and pay for every barrell so made or put up, exported or putt to sale the sume of five pounds current money, one moyety to our sovereign lord the king, his heirs and successors towards the better support of this government and the contingent charges thereof, the other moyety to him or them that shall sue for the same by action of debt, byll, plaint or information in any court of record in this dominion, in which noe essoign protection or wager of law shall be allowed. | Penalty for making, exposing to sale, or
exporting barrels, of less dimensions. How appropriated, and recoverable. |
| And be it enacted by the authority aforesaid, and it is hereby enacted, That the justices of every county court shall be and are hereby impowered in their respective counties, wherein their discretion shall be thought necessary to appoint one or more packers to pack pork and beef barrells, and that every packer shall and may by vertue of this act take and demand the sume of six | Packers of beef and pork to be appointed, in counties where deemed necessary by the justices. |
| pence for every pork or beef barrell soe by him packed, and if any packer or packers shall pack any unwholesome meat or trash in any barrell or barrells or shall pack any meat in other barrell or barrells then of the gage as aforesaid, he or they for every barrell so packt shall forfeit and pay the sume of five pounds currant money to be recovered and divided as aforesaid. | |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any person or persons shall fill up and putt to sale in any barrell or barrells as aforesaid any pitch or tarr not true made and merchantable or which shall be mingled with any trash or other thing then true made pitch, if it be pitch in the barrell, or clean tarr, if it bee tarr in the barrell and being thereof lawfully convicted, he or they soe offending shall forfeit and loose the said pitch and tarr, and twenty shillings for every barrell of tarr soe falsely made filled or putt to sale to be recovered with costs and divided as aforesaid. | Penalty for filling up barrels, with unmerchantable pitch and tar. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That the county courts in their respective counties are hereby likewise impowered where they think it necessary to appoint a mark which shall be putt by the said packers upon every barrell soe by them packed to marke the said barrells therewith, as likewise to marke upon the said barrell or barrells the just quantity and contents of the said barrell or barrells upon the paines or penalties as aforesaid to be recovered and divided as aforesaid. | Justices to appoint a mark to be put on the barrels. |
ACT X. | |
| An act for prevention of clandestine Marriages. | Edi. 1733 and 1752. |
| WHEREAS many great and grievous mischeifes have arisen and dayly doe arise by clandestine and secrett marriages to the utter ruin of many heirs and heiresses and to the great greif of all their relations, and whereas the lawes now in force for the prevention of such marriages do inflict too small a punishment for so heinous and great an offence, | Preamble. |
| Bee it enacted by the governour, councell and burgesses of this generall assembly and the authority |
| thereof, and it is hereby enacted, That the twelfth act of assembly in the printed book entituled none to be married but by ministers nor by them but by lycense or publishing the banes and every clause or article therein contained be from and after the tenth day of November next repealed and made void to all intents constructions and purposes, as it the said act had never been made, any thing in the said act to the contrary notwithstanding. | Former act repealed. See vol. 2, pa. 49. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That noe minister or ministers shall from henceforth marry any person or persons togeather as man and wife without lawfull lycense, or without their publication of banns, according to the rubrick in the common prayer book prescribes which enjoynes, that if the persons to be married dwell in severall parishes, the banes must be asked in both parishes, and that the curate of the one parish shall not solemnise the matrimony, untill he have a certificate from the curate of the other parish, that the banes hath been thrice published and noe objection made against the parties joyned together. And if any minister or ministers shall contrary to this act without such lycense or publication marry any person or persons, he or they soe offending shall for every offence be imprisoned for one whole year without bayle or mainprize and shall forfeitt and pay the sume of five hundred pounds current money, one moyety thereof to our sovereign lord the king, his heirs and successors towards the better support of the government and the contingent charges thereof and the other moyety to him or them that shall sue or informe for the same by action of debt, byll, plaint or information in any court of record in this dominion in which noe essoigne nor protection or wager of law shall be allowed. | None to be married, except as the rubrick in the common prayer
book prescribes. Penalty on ministers for marrying otherwise. |
| And be it enacted by the authority aforesaid, and it is hereby enacted, That if the clerk of any county court doe grant any certificate or certificates to any person or persons for any lycence or lycences for any marriage or marriages without the personall consent of the parent or guardian or signified under the hands and seales of the said guardian or parent and attested by two witnesses or if any person or persons doe grant any lycence or lycenses for any marriage or marriages | How licences to be granted by clerks. |
| without such certificate or certificates, he or they soe offending shall for every such offence forfeit and pay the sume of five hundred pounds current money, to be recovered and divided as aforesaid, and be imprisoned the space of one whole yeare, without bayle or mainprise. | Penalty for granting them otherwise. |
| And be it enacted by the authority aforesaid, and it is hereby enacted, That if any woeman child or maiden being above the age of twelve and under the age of sixteen years doe att any time consent or agree to such person, that so shall make any contract of matrimony without the consent of the parent or guardian or without the publication of the banes as aforesaid, that then the next of kin to the said woman, child or maid to whome the inheritance should descend, fall or come after the death of the said woman, child or maiden, shall from the time of such agreement and assent hold, have and enjoy all such lands, tenements and hereditaments as the said woman, child or maiden had in possession, reversion or remainder att the time of such assent and agreement and dureing such coverture and after the decease of the husband of the said woman, child or maiden haveing so contracted matrimony that then the said lands, tenements and hereditaments shall descend revert and remain to such woman, child or maiden, or such person or persons as they should have done in case this act had never been made. | Females, between 12 and 16 years of age contracting marriage
forfeit their inheritance to the next of their kin. How it shall descend after their death. |
ACT XI. | |
| An act for the better supply and mentainance of the Clergy. | Edi. 1733 and 1752. |
| WHEREAS a competent and sufficient provision for the clergy will be the only means to supply this dominion with able faithfull and orthodox ministers whereby the glory of God may be advanced, the church propagated and the people edified, and whereas the law now in force entituled glebes to be laid out, in makeing such provision, doth seem verry deficient and uncertain. | Preamble. |
| Bee it enacted by the Governour, Councell and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the said act of |
| assembly in the printed book entituled glebes to be laid out, and every clause and article thereof be from henceforth repealed and made void, to all intents constructions and purposes as if the said act had never been made, any thing in the said act or in any other act to the contrary in any wise notwithstanding. | |
| And be it enacted by the authority aforesaid, and it is hereby enacted, That all and every minister or ministers in all and every parish and parishes in this dominion incumbent in the said parish or parishes and therein officiateing as minister or ministers shall have and receive for his or their meantenance the sume of sixteen thousand pounds of tobacco* besides their lawfull perquisites, and that it shall and may be lawfull for the vestry or vestryes of any parish or parishes and they are by vertue of this act authorised and impowered to raise and levy the same in their respective parish or parishes, as also to levy five per cent for collecting and paying the said tobacco convenient. | Salary of ministers fixed at sixteen thousand pounds of tobacco a year, besides perquisites. |
| And be it further enacted by the authority aforesaid, That it shall and may be lawfull for the vestry and vestries of all and every parish and parishes to appoint the church-wardens or whome they think fitt to collect and receive the ministers or other parish dues and the said person or persons soe qualified as aforesaid, shall bee and are hereby impowered in case of non-payment to make distress for the same. | Vestry of each parish to appoint collectors; who may make distress. |
| And be it further enacted by the authority aforesaid, That all and every vestry and vestryes in this dominion shall bee and are hereby authorised and impowered where the same is not already done to purchase and lay out a tract of land for the glebe att their discretion and att the charge of their respective parishes. and likewise to build and errect a convenient dwelling house for the reception and aboad of the minister of such parish or parishes att the discretion of such vestry or vestryes. Provided allwayes, and it is the true intent and meaning of this act, that if any vestry or vestryes of any parish or parishes shall find their parishes to be so small and poor and not to be able to allow and maintaine | Vestry empowered to purchase a glebe at the charge of the parish, and build a house for the minister. |
| * This was the first law which fixed the salary of the clergy of the Church of England at 16,000 lbs. of tobacco a year; and it so continued till the revolution. |
| a minister as aforesaid, that then application of the vestry or vestries to the governour of the time being, that their respective parishes may be untied and consolidated to the next adjacent parrish or parishes And whereas the clerk of the registers fee seems to be so small an incouragement for an office of soe much trust. | When small parishes may be consolidated. |
| Bee it enacted by the authority aforesaid, and it is hereby enacted, That every clerk of the register shall and may lawfully by vertue of this act take and demand the sume of five pounds of tobacco or sixpence for recording and registring every birth, buriall or marriage and the church wardens of the said parish or parishes or any other person or persons appointed by the vestry or vestryes are hereby authorised and impowered to collect the same, or in case of non payment to make distresse. | Fee of clerk of registers, for births, marriages, and deaths. |
| Pages 119-136
| Pages 153-167
|