Pages 153-167 
|  Pages 185-199
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| Pages 153-167
| Pages 185-199
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| AT A Generall Assembly, BEGUN AT JAMES CITTY | |
| THE 27th DAY OF APRIL, IN THE ELEAVENTH YEARE OF THE REIGNE OF OUR SOVERAIGNE LORD WILLIAM THE THIRD, BY THE GRACE OF GOD OF ENG- LAND, SCOTLAND, FRANCE AND IRELAND, KING DEFENDER OF THE FAITH, &c. ANNOQUE DOMINI 1699.  ACT I. |
Francis Nicolson, esq. governor. |
| An act for the more effectuall suppressing of Blasphemy, Swearing, Cursing, Drunkenness and Sabbath breaking. | Edi. 1733 and 1752. |
| WHEREAS notwithstanding many good and wholesome laws already made for the punishment and restraining of vice, many wicked blasphemus, dissolute and vitious persons doe still continue theire unpious and abominable practices and avow theire horrid and Atheisticall principles greatly tending to the dishonour of Almighty God, and may prove destructive to the peace and wellfaire of this his majesties collony and dominion, for the more effectuall suppression of the said detestable crimes, | Preamble. |
| Be it enacted by the Governour, Councell and Burgesses of this present Generall Assembly and the authority thereof, and it is hereby enacted, That if any person or persons brought upp in the christian religion shall by writeing printing, teaching or advisedly speakeing, deny the being of a God or the holy Trinity or shall assert or maintaine there are more Gods then one or shall deny the christian religion to be true, or the holy scriptures of Old and New Testament to be of divine authority, and be thereof lawfully convicted upon indictment or information in the general court of this his majesties collony and dominion by the oathes of two | To deny the being of a God or the trinity, or to assert that there are more Gods than one, or to deny the christian religion to be true, or the scriptures to be of divine authority, subjects the |
| or more credible witnesses such person or persons for the first offence shall bee adjudged incapable or disabled in law to all intents and purposes what soe ever to hold and enjoy any office or imployment ecclesiasticall civill or military or any part in them, or any profitt or advantage to them appertaining or any of them. And if any person or persons soe convicted as aforesaid shall at the time of his or theire conviction enjoy or possess any office place or imployment, such office place or imployment shall be voyd and is hereby declared voyd. And if such person or persons shall be a second time lawfully convicted as aforesaid of all or any the crime or crimes aforesaid that then hee or they shall from thenceforth bee disabled to sue, prosecute, plead or use any action or information in any court of law or equity or to be guardian to any child or to be executor of any person or capable of any deed of gift or legacy or to bear any office ecclesiasticall, civill or military forever within this his majesties collony and dominion, and shall alsoe suffer from the time of such conviction, three years imprisonment without baile or mainprize. | offender for the first offence to incapacity to hold any office.
and for the second offence to disability to sue, and disqualification to be guardian or executor, or to take any gift or legacy; & moreover shall be incapable of bearing any office, and shall suffer 3 years imprisonment. |
| Provided alwayes, And be it enacted by the authority aforesaid, and it is hereby enacted, That noe person shall be proseuted by virtue of this act for any word spoken, unless information upon oath be given in of the words before one or more justice or justices of the peace within one month after such words spoken and the prosecution of such offence be within twelve monthes after such information. | Provided that information be made within three months. |
| Provided alsoe, And be it enacted by the authority aforesaid, and it is hereby enacted, That any person or persons convicted of all or any the aforesaid crime or crimes in manner aforesaid, shall for the first offence upon his or their acknowledgment and renunciation of such offence or erronious opinions in the same court where such person or persons was or were convicted within the space of six monthes after his, her or theire conviction be discharged from all penalties and disabilityes incurred by such conviction, any thing in this act to the contrary in any wise notwithstanding. And for | A person convicted, may be discharged from the penalties, by renouncing opinions, within six months. |
| * The running title to the acts of this session in the editions of 1733 and 1752, is, "Anno andecimo; Gulielmi III Regis. |
| the more effectual prevention and punishment of drunkeness, sweareing and curseing. | |
| Be it further enacted by the authority aforesaid, and it is hereby enacted, That if any person or persons shall profanely sweare or curse or shall be drunk, he or they soe offending for every such offence being thereof convicted by the oath of one or more witnesses (which oath any justice of the peace is hereby impowered and required to administer) or by confession before one or more justice or justices of the peace in the county where such offence shall bee committed shall forfitt and pay the sume of five shillings or ffifty pounds of tobacco for every such offence, or if the said offence or offences bee committed in the presence and hearing of one or more justice or justices of the peace or in any court of record in this his majesties collony and dominion the same shall be sufficient conviction without any other evidence. And the said offender shall upon such conviction forfitt and pay the sume of five shillings or fifty pounds of tobacco for every such offence which said sume or sumes shall be payd to the church-wardens of that parrish where the offence shall be committed who shall be accountable for the same to the vestry of such parrish to the use of the poor of the parrish. And if any person or persons shall refuse to make present payment or give sufficient caution for the payment of the same att the laying of the next parrish levy after the said offence committed, then the said fines and penalties shall be levyed upon the goods of such person or persons by warrant or precept from any justice of peace before whome the same conviction shall be, which warrant may be directed to the sheriffe of the county or to the constable in his respective precincts to be appraised and vallued as another distress. And if the offender or offenders bee not able to pay the said sume or sumes then he, shee or they, shall have and receive ten lashes upon his, her or theire beare back well laid on for every such offence. And for prevention of sabbath breakeing, | For cursing, swearing or getting drunk, the offender to pay a
fine of five shillings. What shall be sufficient evidence to convict. Fines how collected. In case of inability to pay, the offender to receive 10 lashes. |
| Be it enacted by the authority aforesaid and it is hereby enacted, That if any person or persons of the age of twenty one yeares or more doe neglect or refuse to resort to their parrish church or chappell once in two monthes to heare devine service upon the sabbath day, | For neglecting to attend church; |
| every person or persons soe neglecting or refuseing and being thereof lawfully convicted
by confession or otherwise before one or more justice or justices of the peace where such offence
shall be committed shall forfitt and pay for every such offence the sume of five shillings or
fifty pounds of tobacco to be payd to the church-wardens of that parrish wherein the said offence
shall be committed, who shall be accountable for the same to the vestry for the use of the said
parrrish. Provided
alwayes, that if any person or persons can shew or make known to any justice or justices
shall adjudge true and reasonable that then the said paines and penalties shall be remitted to
such person or persons for such time and times and noe longer, any thing in this act to the
contrary notwithstanding. Provided alwayes, that if any person, that if any person or
persons dissenting from the church of England being every way qualified according to one act of
parliament made in the first year of the reigne of our sovereigne lord the king that now is, and
the late queen Mary of blessed memory, entituled an act for exempting their majesties protestant
subjects dissenting from the church of England from the penaltyes of certaine laws, shall resort
and meet at any congregation or place of religious worship permitted and allowed by the said act
of parliament once in two months that then the said penaltyes and forfeitures imposed by the act
for neglecting or refuseing to resort to their parrish church or chappel as aforesaid shall not
be taken to extend to such person or persons, any thing in this act to the contrary
notwithstanding.*
|
five shillings penalty. Protestant dissenters, qualified according to the toleration act of 1 Wm. & Mary, shall be exempted from penalties, for not repairing to the parish church −− See 4 Bl. Com. pa. 52, 53. |
| A leaf is torn out of the Northb. MS. commencing at this place; and the subject
matter is supplied from the Ch .Cit. MS.
| |
| * This is the first notice taken by the laws of Virginia of the toleration act, as it is called in England, of 1 Wm & Mary. It is surely an abuse of terms to call a law a toleration-act, which imposes a religious test, on the conscience, in order to avoid the penalties of another law, equally violating every principle of religious freedom. −− The provisions of this act may be seen in the 4th volume of Blackstone's Commentaries, page 53. −− Nothing could be more intolerant than to impose the penalties, by this act prescribed, for not repairing to church, and then to hold out the idea of exemption of a compliance with the provisions of such a law, as the statute of 1 Wm. & Mary, adopted by a mere general reference, when not one person in a thousand could possibly know its contents. |
| ACT II. | |
| An act for prevention of undue election of Burgeses. | Edi. 1733 and 1752. |
| FOR the prevention of undue election of Burgeses to serve in the generall assembly in this his majestyes colony and dominion, | |
| Be it enacted by the Governour, Councill and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted. That no person or persons shall be enabled to give a vote for the election of a burgeses or burgeses to serve in the generall assembly hereafter to be caled but those who are freeholders in the respective county or towne for which the said burgess or burgesses shall be elected and chosen, and if any person shall presume to give his vote for the election of a burgess or burgesses in any county or towne who is not a freeholder in such county or towne he shall forfeit and pay the sume of five hundred pounds of tobacco for every such offence. Provided alwayes, and it is the true intent and meaning of this act that no woman sole or covert, infants under the age of twenty one years, or recusant convict being freeholders shall be enabled to give a vote or have a voice in the election of burgeses any thing in this act to the contrary notwithstanding. | None to vote for burgesses, but freeholders in a county or
town. Penalty for voting, not being qualified. No woman sole, or covert, infant, Popish recusant entitled to vote. |
| And be it further enacted by the authority oforesaid, and it is hereby enacted, That if the election of any burgess cannot be determined upon the veiw by the consent of the freeholders then present but that a poll shall be required for determination thereof, that then the sheriff of such county or in his absence his under sheriff shall proceed to take the poll and shall appoint such number of persons for the takeing thereof as to him shall seem convenient who shall sett downe the names in writeing of each freeholder and for whome he shall poll and every freeholder before he is admited to poll at the same election shall if required by the candidates freeholders or any of them first take the oath herein after mentioned or if such person being a Quaquer shall make the declaration prescribed in an act made in the seventh and eighth yeares of the reigne of his present majesty in these words: I, A. B. do declare in the presence of Almighty God, the witness of the truth of what I say −− which oath or declaration the said sheriff or in his absence | How poll to be taken, if the election cannot be determined on
view. Oath or affirmation to be taken by freeholder, if required by a candidate |
| his under sheriff is hereby impowered and required to administer to witt, You shall swear that you are bona fide a freeholder in this county, or towne of to the best of your knowledge. And if any of the candidates require a copy of such pole the sheriff or his under sheriff shall as soon as conveniently may be deliver to him or them a true and perfect copy thereof. | |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That no person or persons hereafter to be elected as a burgess shall directly or indirectly by any ways or means at his or their proper charge before his or their election give, present or allow, to any person or persons haveing voice or vote in such election any money, meat, drink or provision, or make any present, gift, reward or entertainment or any promise, ingagement or obligation to give or allow any money, meat, drink or provision, present, reward or entertainment in order to procure the vote or votes of such person or persons for his or their election to be a burgess or burgesses, and every person or persons soe giveing, presenting or allowing, makeing, promising or engageing any money, meat, drink or provision in order to procure such election being elected shall be disabled and incapable to sit and act as a burgess in that assembly, but that such election* shall be void to all intents and purposes as if the said returne or election had never been made. | If any money, meat, drink, or provision be given, or promised to
a voter, in order to be elected, the election declared void. *Here the Northb. MS. again commences. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That the sherrife or his under sherrife in his respective county shall returne for burgess such as shall be elected and chosen by the majority of the freeholders in manner aforesaid which returne he shall endorse and make in these words, viz: By vertue of this writt I have caused to be legally sumoned the freeholders of my county to meet this day being the day of at the courthouse of this county being the usuall place for election of burgesses and have given them in charge to make election of two of the most able and discreet persons of the said county ffor theire burgesses who accordingly have elected and chosen A B and C D burgesses for the said county for the next generall assembly to be held at the day of | Form of return. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That if it shall soe happen that by the death or disability of any burgesses so elected, a new writt do issue to any county dureing the sessions of an assembly for the election of a burgesse to serve in the said assembly that then it shall and may be lawfful for the sherrife of such county or his deputy who is hereby authorised and required so to do, immediately to cause so many persons as he shall think fitt to give notice to every ffreeholder of the time and place of election which shall be as soon as possible after the receipt of the writt and upon such election so made to make returne thereof upon the back of the writt in manner and forme aforesaid. | Elections, to supply vacancies, how to be conducted. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any sheriffe or his officer before the returne be endorsed upon the writt shall deny and refuse to take the poll in writeing as aforesaid if it be demanded by any candidate or ffreeholder or shall refuse to give copyes of the poll to such candidate or candidates, if by them required, or shall neglect to give legall notice of the election time and place of election, or shall make a false or duble returne of those who are not duly elected for burgesses as aforesaid or shall not make any returne or shall make returne in any other forme then is herein expressed he or they so offending in any of the premises and being thereof lawfully convicted, shall for every such offence forfeit and pay the sum of fforty pounds sterling money, all which paines and forfeitures in this act expressed shall be devided into two equall parts, one moyety thereof to our sovereigne lord the king, his heires and successors towards the better support of the government and the contingent charge thereof and the other moyety to the party agrieved, or if their be no party agrieved to the informer to be recovered with full costs of suit by action of debt, byll, plaint, or information in any court or record in this his majesties collony and dominion wherein noe essoigne protection or wager of law priveledge or imparlance shall be admitted or allowed. | Penalty on sheriff refusing to hold a poll,
or to give a copy; or to give notice of the election; or to make a false return, or in a
different form. Fines how appropriated. How recoverable. |
| Provided alwayes, And be it further enacted by the authority aforesaid, and it is hereby enacted, That noe person hereafter shall be capable of being elected a member to serve in any assembly who is not of the age | No person eligible who is |
| of twenty-one yeares, and every election and returne of any person under that age is hereby declared to be null and voyd, any thing in this act to the contrary in any wise notwithstanding. | under the age of 21 years. |
ACT III. | |
| An act to prevent the discontinuance of courts and process. | Edi. 1733 and 1752. |
| WHEREAS many justices that constitute the county courts of this his majesties collony and dominion are oftentimes hindered from being at court by the difficulty of crossing of rivers, badness of wether, sickness or other accidents incident to those who live remote by reason of which it often happens that by the not meeting of a sufficient number of justices to hold the said courts at the days appoynted the processe is discontinued, justice delayed and many people putt to the great charge and expence of renewing there suits, for remedy whereof, | Preamble. |
| Be it enacted by the Governour, Councell and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That if it shall hereafter happen that upon a court day there shall not be a sufficient number of justices to hold the said court that then all processe to the said court be continued to the next court in course without discontinuance, and that if it shall hereafter happen that if any of the justices be disabled from sitting to give judgment in any cause or causes by being concerned therein without whom there cannot be a court, that then such causes shall stand referred to the next court without any discontinuance as if the said cause had been actually referred by the said court or courts. | No discontinuance, on account of failure to hold court. |
ACT IV. | |
| An act for regulateing of Juryes. | Edi. 1733 and 1752. |
| FOR the better regulation of juryes to serve in the generall and county courts of this his majesties collony and dominion |
| Be it enacted by the Governour, Councell and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, Thatt no person or persons shall be enabled or capable to serve as jurymen in and upon any jury or juryes in the generall court of this his majesties collony and dominion, but those who are ffreeholders, and whose lands and goods, that is to say reall and personall estate are visibly of the reputed value of one hundred pounds sterling and not under and that noe person or persons shall be inable or capable to serve as jurymen in and upon any jury or juryes in any county court of this his majesties collony and dominion, but those whose land and goods, that is to say reall and personall estate are visible of the reputed value of fifty pounds sterling and not under. | Qualification of jurers. |
| And be it further enacted by the authority aforesaid, and it is
hereby enacted, That noe sheriffe or sheriffes shall impannell or returne for jurymen any
person or persons in or to the generall courts of this his majesties collony and dominion, but
those who are ffreeholders and whose lands and goods, that is to say reall and personall estate,
are visibly of the reputed value of one hundred pounds sterling, nor in or to any county court of
this his majesties collony and dominion but those whose lands and goods, (that is to say) reall
and personall estate are visibly of the reputed value of fifty pounds sterling any former law,
statute or usage to the contrary in any wise notwithstanding. [ Here the Northb. MS. ends.]
| |
ACT V. | |
| An act for restraining and punishing of Pirates and Privateers (a) | Edi. 1733 and 1752. |
| WHEREAS nothing can more conduce to the honour of his most sacred majesty then that such articles of peace as are concluded in all treaties should | Preamble |
| (a) After the making of this act, at a
session of parliament held the 16th of November 1699 in the 11th year of the reign of William 3,
an act passed for the more effectual suppression of piracy which was to be in force for 7 years,
and from thence to the end of the next session of parliament. And by 5th of Queen Ann chap. 34
was continued for 7 years longer: and from thence to the end of the next [This note concludes on the following page.] |
| be kept and preserved inviolable by his majestyes subjects in and over all his majestyes territories and dominions and forasmuch as great mischief and depredations are dayly done upon the high seas by pyrates privateers and sea robers in not onely takeing and pillageing severall ships and vessels belonging to his majestyes subjects but also in takeing, destroying and robing severall ships belonging to he subjects of fforeigne princes in leage and amity with his majesty−− | |
| 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 if any pirates, privateers or sea robers, or any other persons suspected to be such shall land and put on shoar in any port or place in this his majestyes collony and dominion upon notice given or knowledge thereof, all officers civill and military are hereby required and impowered to raise and levy such a number of well armed men as he or they shall judge necessary for the seizing, apprehending and carrying to goal of any and every such person or persons, and in case of any resistance or refusall to yield obedience to his majestyes authority it shall be lawfull to kill or destroy such person or persons and all and every person or persons that shall oppose or resist the said authority by strikeing or fireing upon any person in execution of this act, shall be deemed taken and adjudged as fellons without benefitt of clergy, and every such officer that shall omitt or neglect his duty therein and being lawfully convicted shall for every such offence forfeit fifty pounds sterling, one moyety to our sovereigne 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 him that shall sue or informe for the same in | Pirates, privateers, or sea-robbers putting on shore, may be
apprehended, by any officer civil or military. In case of resistance, may be killed. Penalty on officers, neglecting their duty. |
| [This note began on the preceding page, and concludes
here.] session of Parliament, and by the 1st of George 1, chap. 25, was revived and to be in force during the continuation of that act, which was for 5 years and to the end of the next session of Parliament: and was made perpetual by the 6th of George 1, chap. 19, whereby a new method was established for trial of pirates in the Plantation. And by the same act the 4th of George 1, chap. 2, and the 8th of George 1, chap 24, the law as to pirates is fully settled and declared, therefore this act of assembly is either of no use or become null. | |
| (Note to editions 1733 and 1752.) |
| any court of record in this his majestyes collony and dominion, in which no essoigne protection or wager of law shall be allowed. And for the better and more speedy execution of justice upon such who haveing committed treasons, piricyes, felloneyes or other offences upon the sea, and shall be apprehended or brought prisoners to this his majestyes collony and dominion, | |
| Be it further enacted by the authority aforesaid, and it is hereby enacted, That all treasons, fellonyes, piracyes, robberies, murders or other capitall offences that shall be committed upon the high seas or in any river, haven, creek or bay where the admirall hath jurisdiction, shall be enquired, tryed, heared, determined, judged and execution awarded and done within this his majestyes collony and dominion in such forme as if such offence had been comited in and upon the land of this his majestyes collony and dominion. And to that end and purpose the governor or commander in chief of this his majestyes colony and dominion for the time being, is hereby desired and impowered to issue out commissioners of oyer and terminer under his hand, and his majestyes seal of this his colony and dominion directed to the judge or judges of the admiralty of this his majestyes colony and dominion for the time being and to such other substanciall persons as he shall think fitt to nominate and appoint, which said commissioners or such a quorum of them as by such commission shall be thereunto authorised shall have as full ample power and authority shall have as full ample power and authority to hear and determine, adjudge and punish all and any the crimes and offences aforesaid as any commisioners under the great seale of England by virtue of a statute made in the twenty-eighth year of the reigne of King Henry the eighth might or could do and execute within the kingdom of England, and that such offenders which are or shall be apprehended in or brought prisoners to this his majestyes colony and dominion shall be lyable to such order, process, judgments and execution by virtue of such commission to be grounded upon this act as might be awarded or given against them if they were proceeded against within the realm of England by virtue of any commision grounded upon the said statute. | Crimes committed at sea to be enquired into and punished, in the
same manner as if committed on land. Commission of oyer and teminer, how to issue. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That all and every person or |
| persons that shall knowingly or wilfully conceal, entertaine, harbor trade or hold any correspondence by letter or otherwise with any person or persons that shall be deemed or adjudged to be pirates, privateers or other offenders within the construction of this act and shall not readily endeavour to the best of his or their power to apprehend or cause to be apprehended such offender or offenders shall be lyable to be prosecuted as accessaryes to the said offences and confederates with the said offenders and to suffer such pains and penalties as in such cases by law is provided. | Penalty for concealing pirates. |
ACT VI. | |
| An act for the punishment of slaves for the first and second offence of Hog stealing. | Edi. 1733 and 1752. |
| WHEREAS the third act of assembly made at James Citty the 16th day of Aprill 1691, entituled an act for the more speedy prosecution of slaves commiting capitall crimes hath been found inconvenient by makeing the first offence of hog stealing felony, which is not so by the former laws of this his majestyes colony and dominion. | 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 for the first offence of hog stealing commited by a negro or slave he shall be carried before a justice of the peace of the county where the fact was commited by a negro or slave he shall be carried before a justice of the peace of the county where the fact was commited before whome being convicted of the said offence by one evidence or by his owne confession he shall by order of the said justice receive on his bare back thirty nine lashes well laid on, and for the second offence such negro or slave upon conviction before a court of record shall stand two hours in the pillory and have both his eares nailed thereto and at the expiration of the said two hours have his ears cutt off close by the nailes, any thing in the aforesaid act or in any other law to the contrary in any wise notwithstanding. | Punishment of slave for hog stealing; for the first offence; for the second offence. |
| ACT VII. | |
| An act prohibiting the unseasonable kiling of Deer. | Edi. 1733 and 1752. |
| WHEREAS the Deer of this his majestyes colony and dominion is very much destroyed and diminished by the unseasonable kiling them when poor and of does bigg with young to the great detriment of the inhabitants of this his majestyes colony and dominion without bringing any considerable benefitt to those that kill them, for remedy whereof, | Preamble. |
| Be 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 first day of February next ensuing no person or persons shall shoot or kill any Deer runing wild in the woods or unfenced grounds on this his majestyes colony and dominion at any time or times between the first day of February and last day of July that shall happen in every year, and if any person or persons shall contrary to the true intent and meaning of this act kill or destroy any Deer or cause any Deer to be killed or destroyed or shall buy or receive of any Indian or other person whatsoever any Deer kiled within the time before limited, he or they soe offending and being thereof lawfully convicted, shall for every Deer so killed brought [bought] destroyed or received as aforesaid, forfeit and pay the sume of five hundred pounds of tobacco one moyety to the kings most excellent majesty, his heirs and successors, to be applyed to the use of the parish where every such offence shall be commited respectively, and the other moyety with full costs of suit to him or them that will sue or informe for the same, by action of debt, bill plaint or information in any court within this his majestyes colony and dominion, in which no essoigne protection or wager at law shall be allowed: Provided alwayes, that if any slave or other servant who is uncapable of paying the penaltyes provided by this act shall of his or their owne accord without the privity of his or their master, mistress or overseer kill or destroy any deer contrary to the true intent and meaning of this act he or they so offending shall for every offence have and receive on his or their bare back or backs thirty lashes well laid on to be inflicted by order of such justice to whome information of the same shall be made upon oath. | Penalty for killing wild deer between the
1st of February and first of July, or buying or receiving such from Indians. Servants and slaves, how punished. |
| ACT VIII. | |
| An act appointing a committee for the revisall of the whole body of the laws of this his majesties colony and dominion. | Edi. 1733 and 1752. |
| WHEREAS the whole body of the laws of this his majesties ancient and great colony and dominion of Virginia do lye in great disorder and confusion by reason that many of them are repealed, others obsolet and out of use some expired and many made in the infancy of this country inconsistent and hardly intelligible. And forasmuch as a work so good and necessary for the service of his majesty and the interest of this his majesties colony and dominion cannot be conveniently effected dureing the session of an assembly without bringing a great and extraordinary charge upon the inhabitants of this his majesties colony and dominion, and whereas a more proper and easie method to effect the same cannot be prescribed then by appointing a joint comitee of the councill and house of burgesses to begin and compleat the said revisall, | Preamble. |
| Be it enacted by the governour, councell and burgesses of this generall assembly and the authority thereof, and it is hereby enacted, That Edwd. Hill, Mathew Page and Benja. Harison, Esqrs. members of the honorable councill, and that Miles Cary, Jno. Taylor, Robt. Beverly, Antho. Armstead, Henry Duke and Wm. Buckner, gentlemen, members of the house of burgesses or any six of them whereof two to be of the councill and four of the house of burgesses, shall be and are hereby appointed and declared a commitee for the revisall of the whole body of the laws of this his majesties colony and dominion, and that Peter Beverly gentleman, be clerk of the said comitee which commitee by virtue of this act shall have full power and authority to revise, alter, add to, diminish, repeal, amend or revise, alter, add to, diminish, repeal, amend or revive all or any of the said laws and reduce the same into bills in such manner and forme as they shall think fitt and necessary, which said bills so revised, altered, added to, diminished repealed, amended or revived, shall by the said comitee be reported to the next meeting of the assembly and so from time to time till all the said laws be fully and absolutely revised, and that the said commitee may be the better enabled to performe | Joint committee of the council and house of
burgesses, appointed to revise the laws. Names of revisors. Number to act. Their clerk. Powers of committee. Revisal to be reported to assembly. |
| and accomplish the said revisall, Benja. Harrison, junr. and Bartho. Fowler, gentlemen, are hereby nominated and appointed assistants to the said committee from time to time to attend and give such advice and assistance therein as shall be required of them by the said commitee, and to prevent any deficiency or delay which may otherwise happen in the proceedings of the said commitee by reason of the departure from the country or any other disability of any member or members thereof, | Assistants. |
| Be it further enacted by the authority aforesaid, and it is hereby enacted, That the number of three councellors and six burgesses to constitute the said commitee shall from time to time be kept full and entire and if any member of the councill appointed to be of the said commitee be so disabled another member of the councill shall and may be appointed in his stead and place by his excellency the governor or by the governor and commander in chief of this his majesties colony and dominion of Virginia for the time being or if any member of the house of burgesses appointed to be of the said commitee shall be so disabled then the speaker of the house of burgesses or in case of his death or disability the major part of the burgeses of the said committee which shall be present at the next meeting after such disability, shall be, and are hereby impowered to elect and choose a burgess or burgesses out of the house of burgeses to supply the place and stead of the said burgess or burgesses so disabled, which said councellor or councellors, burgess or burgesses so elected and chosen shall be and are hereby declared members of the said committee as if he or they had been by this act particularly nominated and appointed, and in case of the death or disability of either of the said assistants or clerk the major part of the said commitee who shall be present at the next meeting after such disability shall have power to choose and appoint others n their stead. | Vacancies, how supplied. |
| Provided alwayes, And be it further enacted by the authority aforesaid, and it is hereby enacted, That no person whatsoever either councellor or burgess shall be enabled or admitted to give any vote or have any voice at any of the meetings of the said commitee other then those persons who are or shall from time to time hereafter by virtue of this act be appointed to attend |
| as members of the said comitee.−− And be it further enacted by the authority aforesaid, and it is hereby enacted, That the said comitee shall meet at James City or any other place where the publick records of this government shall be placed upon the first Wednesday in July next ensuing and afterwards monthly and shall sit de die in diem as long as they shall think necessary at any of their meetings, and all adjournments other than to the next day not being Sunday shall be made to the first Wednesday of every succeeding month and if the revisall of the whole body of the laws be not compleated by the end of the meeting of the said committee in November next then they shall have full power and authority by virtue of this act to adjourne themselves to the first Wednesday in Aprill following and then afterwards shall proceed from month to month in manner as is before expressed. Provided always, that if by badness of weather, sickness or other accidents it should so happen that a full number of the said committee should not meet sufficient to act as a comitee or to adjourne at any of the time or times before expressed, the said comitee shall not be thereby discontinued but they shall and may meet and act the next day following or at any time or times before exprest in this act, as if the said comitee had really and actually adjourned themselves to any of the said time or times and also if any member or members of the said comitee either councellor or burgess shall be disabled in manner aforesaid the said comitee or the major part of them next present after such disability shall judge of the said disability and if they find it necessary shall make application to the governor or commander in chief for the time being, or to the speaker for the filling up of such a member in manner aforesaid, and until such application made, the governor or commander in chief for the time being, or the speaker may not appoint any such member or members in manner aforesaid, any thing in this act to the contrary in any wise notwithstanding. | Revisors when and where to Power of adjournment. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That if this present generall assembly should be hereafter prorogued or dissolved before the whole body of the laws of this his majesties colony and dominion be revised the said comitee shall not be thereby discontinued but the governor or commander | Committee not discontinued by prorogation or dissolution of assembly. |
| in cheife of this his majesties colony and dominion for the time being, and the speaker of the present house of burgesses or in case of his disability the major part of the committee then setting shall and may appoint any member or members of the councill or any burgess or burgesses of the present house of burgesses in case of any disability as aforesaid in manner aforesaid as if the said assembly had never been prorogued or desolved. | |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That the said comitee shall be and is hereby authorised and impowered to send for any persons, papers, records or coppies of records by warrant under the hand of any one of the councill and two of the burgesses of the said comitee and all persons haveing any manuscripts papers or old records relateing to the first settlement of this country shall be and are hereby required to lay the same before the said committee if they require it by warrant as aforesaid, and also the said comitee is hereby impowered to receive all propositions of what nature soever offered them by any person or persons and if any officer or other person or persons shall neglect or refuse to obey any such warrant as aforesaid, he or they so offending and being thereof lawfully convicted shall for every such offence forfeit and pay the sume of twenty pounds to the kings most excellent majestie, his heirs and successors for and towards the defraying the charge of the said revisall and to no other use intent or purpose whatsoever, to be recovered by action of debt, bill, plaint or information in any court of record in this his majesties colony and dominion, in which no essoigne protection, wager of law, priviledge or imparlance shall be admitted or allowed. Provided alwayes, and it is the true intent and meaning of this act that notwithstanding the powers given by this act to the said revisors of the laws of Virginia shall stand, remaine and be in force as now they are untill they shall be repealed, abrogated, made void, amended or altered by act of assembly, and that all bills of what nature soever that shall be reported by the said comitee of revisors as aforesaid, shall be construed and deemed not to have any force or authority untill they have had their formall readings and are made laws by an assembly, | Power of committee to send for MSS. and records relating to the
first settlement of the country. Penalty for refusing obedience to warrant of committee. Present laws to remain in force till altered by act of assembly. Bills reported by revisors, not to be in force, till they have had their formal readings, in assembly. |
| and that the assembly shall be fully at liberty to add to, alter, make void, amend or reject all or any of the bills that shall be reported as aforesaid, and shall proceed in order to have the laws of this his majesties colony and dominion assented to by his majestie, in such method and manner as to the assembly shall seem meet, any thing in this act to the contrary in any wise notwithstanding, and that the services of the said comitee clerk and assistants with all reasonable and incident charges, be at the next assembly considered, rewarded and allowed, and so from time to time as they shall report to the succeeding assembly or assemblyes till all the laws be revised as aforesaid. | Assembly may alter, or reject bills,
reported by revisors. Compensation to revisors. |
| Pages 153-167
| Pages 185-199
|