|Pages 137-177||Pages 209-238|
|HOLDEN AT JAMES CITTY THE 4TH DAY OF
|1st. Revisal of the Laws.|
|The MS from which the acts of this session were printed, is now in the Library of Congress at Washington.|
|The names of the Burgisses were, vist:|
|Whereas in the sessions of the Grand Assembly in March last past, divers acts were then made, which since are found in some cases defective and inconvenient, wee the Governor and Counsell togeather with the Burgisses in this present Grand Assembly have taken the sayd acts into their consideration, and accordinge as what then provided where neede required have made a cleerer explanation of some of them, as likewise some addition and alterations, wee doe therefore hereby ordeyne and establish that these acts and orders in these presents following soe explaned and altered be published||Preamble, reciting defects of former laws, and the necessity of this revisal.|
|in this colony and to be accounted and adjudged in force. And all other acts and orders of any assembly heretofore holden to be voyd and of none effect.|
Repeal of all former acts.
|FIRST, It is ordered, That there be a uniformitie throughout this colony both in substance and circumstance to the cannons & Constitutions of the church of England as neere as may bee and that every person yeild readie obedience unto them uppon penaltie of the paynes and forfeitures in that case appoynted.||Uniformity in doctrines and discipline of the church of England|
|AND it is thought fitt, That the statutes for cominge to church every Sonday and holidayes be dulie executed that is to say that the church-wardens doe levy one shilinge for every tyme of any person' absence from the church havinge no lawfull or reasonable excuse to bee absent. And for due execution hereof the governor and counsell togeather with the Burgisses of this Grand Assembly doe in God's name ernestlie require and charge all commanders, captaynes and church-wardens that they shall endeavor themselves to the uttermost of their knowledge that the due and true execution hereof may be done and had through this colony as they will answer before God for such evills and paynes wherewith Almightie God may iustlie punish his people for neglecting this good and wholesome lawe.||Penalty for not attending church.|
Exhortation to attend.
|It is ordered, That as many of the mynisters as convientlie may, and one of the church-wardens at the least of every parish be present yearlie at midsomer quarter cortes holden at James Citty, on the first day of June and there to make theire presentments uppon oath togeather with a register of all Burialls, christenings and marriages as likewise theire accounts of all levyes, collections or disbursements as have beene or fallen out in theire tymes concerninge the churgh affayres. And further that they choose church-wardens at the feast of Easter yearelie.||Ministers and church wardens to make presentments; and return a
register of marriages, births and deaths.|
Church-wardens, when chosen.
|NOE man shall disparage a mynister whereby the mynds of his parishioners may bee alienated from him and his mynistry prove less effectuall uppon payne of severe censure of the Governor and Counsell.||Penalty for disparaging a minister.|
|NOE mynister shall celebrate matrymony betweene any persons without a facultie or lycense graunted by the Governor except the banes of matrymony have beene first published three severall Sondayes or holidayes in the tyme of divine service in the parish churches where the sayd persons dwell accordinge to the booke of common prayer, neither shall any mynister under any pretence whatsoever, ioyne any persons so lycened in marriage at any unseasonable tymes but onlie betweene the howres of eight and twelve in the forenoone, nor when banes are thrice asked, and no lycense in that respect necessary, before the parents or governors of the parties to be maryed yf they be under the age of twenty one yeares, shall either personally or by sufficient testimony, signifie to him theire consents given to the sayd marriage.||Matrimony, not to be celebrated, without license, or publication
of banns. |
Within what house the ceremony to be performed.
No marriage to be celebrated without consent of parents or guardians.
|EVERY mynister in this colony havinge cure of soules shall preach one sermon every Sonday in the yeare, havinge no lawfull impediment, and yf the mynister shall neglect theire chardge by unnecessarie absence or otherwise, the church-wardens are to present it. But because in this colony the places of theire cure are in many parts farr distant; It is thought fitt, That the mynisters doe soe devide theire turnes as by the ioynt agreement of the parishoners shall be desired.||Ministers to preach one sermon every Sunday;|
and to divide their time among the parishoners.
|IT is thought fitt, That uppon every Sonday the mynisters shall halfe an hower or more before eveninge prayer examine, catechise, and instruct the youth and ignorant persons of his parish in the ten commandments, the articles of the beliefe and the Lords prayer. And||Ministers to instruct and catechise children.|
|shall diligentlie heere, instruct and teach them the catichisme, sett forth in the booke of comon prayer, and all ffathers, mothers, maysters, and mistrisses shall cause theire children, servants, and apprentizes which have not learned the catichisme to come to the church at the tyme appoynted obedientlie to heere and to be ordered by the mynister until they have learned the same. And yf any of the sayd ffathers, mothers, maysters, or mistrisses, children, servants, or apprentizes shall neglect theire duties as the one sort in not causinge them to come, and the other in refusinge to learne as aforesayd, they shall be censured by the corts in those places holden.|
Penalty on parents, masters and children for neglect.
|AND it is further ordered and thought expedient, accordinge to a former order made by the Governor and Counsell, that all church-wardens, shall take this oath and that it be administred before those that are of the comission for the monthlie corts, vizt.||Church-wardens to take an oath|
|"You shall sweare that you shall make true presentments of all such persons as shall lead a prophane or ungodlie life, of such as shall be comon swearers; drunkards, or blaspheamers, that shall ordinarilie prophane the saboth dayes or contemne God's holy word, or sacraments, you shall also present all adulterers or fornicators, such as shall abuse their neighbours by slanderinge, tale carryinge or backbitinge, or that shall not behave themselves orderlie and soberlie in the churche duringe devine service. Likewise you shall present such masters and mistrisses as shall be delinquent in catechising of the youth and ignorant persons, soe help you God."||Form of the oath.|
|WHEN any person is dangerouslie sicke in any parish the mynister havinge knowledge thereof shall resort unto him or her to instruct and comfort them in theire distresse.||Ministers to visit those dangerously sick.|
|IN every parish church within this colony shall be kept, by the mynister a booke, wherein shall be written,||Register of marriages,|
| the day and yeare of ever christeninge, weddinge, and burriall.
||births and deaths to be kept in each parish.|
|MYNISTERS shall not give themselves to excess in drinkinge or ryott, spending theire tyme idelie by day or by night playinge at dice, cards, or any other unlawfull game, but at all tymes convenient they shall heare or reade somewhat of the holy scriptures, or shall occupie themselves with some other honest studies, or exercise, alwayes doinge the things which shall apperteyne to honestie and endeavour to profitt the church of God, havinge alwayes in mynd that they ought to excell all others in puritie of life, & should be examples to the people, to live well and christianlie.||Deportment of ministers.|
| IN every parish church within this colony the holy communion shall
bee adminstred by the mynister thrice in the yeare whereof the feast of Easter to be one.
||Sacrament to be administered 3 times a year.|
| AND all preachinge, adminstringe of the communion baptizinge of
children and marriages shall be done in the church except in cases of necessitie.
||Preaching, sacrament, baptism and marriages to be done in the church.|
|THE Governor and Counsell, togeather with the burgisses of the Grand Assembly uppon the petition of the mynisters within this colony, have taken into theire considerations by what way theire might be a sufficient means allowed unto the sayd mynisters, for theire better subsistence and encouragement in theire mynistry, and thereuppon have ordeyned and enacted, That theire shall be payd unto the said mynisters, the former allowance of 10lb of tobacco and a bushell of corne, in such a manner as formerlie hath beene due. And because of the low rates of tobacco at present, it is further graunted and ordered that theire shall be likewise due to the mynisters, from the first day of March last past, for and duringe the terme of one whole yeare next||Provision for ministers. |
10 lb. of tobacco and a bushel of corn a tithe.
|ensueinge, the twentyeth calfe, the twentyeth kidd of goates, and the twentyeth pigge throughout all the plantations in this colony; and where the nomber of the calves, kidds, or piggs arise to twenty, then the owner is to choose five out of the sayd nomber of twenty, and the mynister is to make choyse in the sixt place, but yf it soe fall out that the nomber bee lesse than twenty, then the mynister shall sett the price, and the owner either to take the sayd calves, kidds or piggs, then fallen and pay the mynister the twentieth part or else the mynister to take the same and allow unto the owner soe much as shall be due unto him. And it is thought fitt, That the owner keep the sayd calves, kidds or piggs, untill the tyme that they be weanable, that is to say, for calves the owner too keepe them seaven weeks, and kidds likewise seaven weekes and piggs one mounth. And the parishioners are to give notice unto theire mynisters when they are to fetch theire calves, kidds and piggs that be due unto them.||Also the 20th calf, kid and pig. |
How set out.
How long the owners to keep them
To give notice to the ministers.
| IT is likewise ordered, That the mynisters shall have these
petty duties following, vizt:
|Fees of ministers.|
|IT is ordered, That uppon the 25th of October, yf it bee not Sonday, & then the day followinge the church wardens shall give notice to the parishioners, that they bringe in the dutie of 10 lbs. of tobacco for the mynisters unto a place to be appoynted, within that plantation by the church wardens, and that the mynisters be warned to be there, or appoynt some other to receive the same. And it is likewise ordered, That the dutie of a bushell of corne, be brought in uppon the 19th day of December to the place appoynted within that plantation, by the mynister. And no planter or parishioner may neglect the bringinge of the tobacco, or corne as aforesayd, uppon the penaltie that yf any make default they shall forfeite double the quantitie of tobacco and corne, to be levyed by distresse, by the authoritie of the comanders. And likewise all arrerages of tobacco||How the ministers duties of 10 lb of Tobc. and a bushel of corn
|and corne which have been due to the mynisters as duties shall and may be recovered by distresse, by virtue of this act of this Assembly, and yf the church wardens shall fayle in the execution of theire office, hereby enioyned, than the comander shall take order, that what shall remayne unpayd, and owinge to the mynysters shall be levyed by distresse out of the church wardens goods and chattels.||Penalty on church wardens for neglect.|
|IT is ordeyned and enacted, That in all such places where any churches are wantinge or decayed, the inhabitants shall be tyed to contribute towards the buildinge of a church, or repayring any decayed church. The comissioners, togeather with the mynisters, church wardens and cheife of the parish, shall appoynt both the most convenient place for all parts to assemble togeather and also to hire and procure any workemen and order such necessarie businesses as are requisite to be done in such workes. This they are to effect before the feast of the nativitie of our Saviour Christ, or else the sayd comissioners yf they be deficient in theire duties to forfeite £. 50 in money. And it is ordered in like manner, That there be a certain portion of ground appoynted out, impaled or fenced in to be for the buriall of the dead uppon the penaltie of 20 marks.||Churches to be built and repaired. |
Burying ground to be inclosed.
|ACCCORDINGE to the former orders of the Assembly, the fift of March, 1623, It is now thought fitt and accordinglie ordered, That the mounthlie corts be held and kept in remote parts of this colony, vizt. for the upper parts, Warwicke river, Warrosquyoke, Elizabeth Citty, and Accawmacke. The commission for the upper parts shall be as followeth, vizt. "To all to whome these presents shall come I sir John Harvey, Knt. Governor and Captayne General of Virginia send greetinge in our Lord God everlastinge, Whereas for the greater ease of the inhabitants in divers parts of this colony and for the better execution of the peace and due execution of such lawes and orders as are or shall be established for the government of the people and inhabitants.|| Monthly courts established, as by a former
Form of the commission to the commissioners of monthly courts.
|The Governor and counsell togeather with the Burgisses of the Grand Assembly have thought fitt and accordinglie appoynted that theire shall be mounthlie corts and oftener uppon extraordinarie causes requiringe, and agreed uppon by the major part of the commissioners, held and kept in the remoate plantations,|
|"NOWE KNOWE YEE that accordinge to the same order, these persons whose names are here inserted, are for the tyme beinge assigned and appoynted to be the present comissioners of and for the upper parts within the precincts of Charles Citty and Henrico, William Ffarrer, Esq. Capt. Francis Epes, Capt. Thomas Paulett, Capt. Thomas Osborne, Thomas Palmer, gent. Walter Aston, gent. which sayd comissioners or any fowre of them shall have full power and authoritie to heere and by the major part of voyces to determine all such suites and controversies betweene partie and partie as exceed not the value of five pounds sterlinge. And further that they take into theire cares the conservation of the peace, the quiett government and safetie of the people theire residinge or beinge. And that all orders and acts of the Assembly be kept and observed, and accordinge to the same and as neere as may bee accordinge to the lawes of the realme of England, to inflict the punishment uppon the offenders and delinquents, and to doe and execute, whatsoever a justice of peace, or two or more justices of peace may doe, such offences onlie excepted, as concerne the taking away of life or members; Provided alwayes that it shall and may be lawfull for the plaintiffe or defendant, in any suite before the sayd commissioners dependinge either before, or after judgement, yf it be before execution awarded, to obtayne a warrant from the Governor to stay the proceedings in any cort of the sayd comissioners, and to remove the cause and the records concerninge the same, into the cort holden before the Governor and Counsell at James Citty. And whosoever shall sue or obteyne any such warrant he shall put in good securitie to answer the costs and damages that shall be awarded agaynst him yf he shall be cast in the sayd suite. And they are hereby required from tyme to tyme, to keepe records of all judgments, orders, and other matters of moment, as by them shall be concluded and agreed on, And this comission to continue in force untill I by my comission|| |
Any four to act.
Right to appeal.
Security for costs and damages.
Commissioners to keep records.
|under the seale of the colony shall signifie the contrary. Given at James Citty, the fourth day of September, 1632, and in the eight yeare of the raigne of our soveraigne Lord Charles, by the grace of God of England, Scotland, France and Ireland, kinge, defender of the fayth, &c. an in the 26th yeare of this plantation."|| |
|It is thought fitt, That the comissioners shall take this oath as followeth vizt. −−− You shall sweare as a comissioner for the upper parts within the precincts of Charles Citty, and Henrico, accordinge to the articles of the comission directed unto you by the governor, you shall doe equall right to the poore and to the rich, after your cunninge, witt and power, and after the lawes and customs of this colony, and as neere as may be after the lawes of the realme of England, and statutes thereof made; you shall not be of counsell in any case or quarrell hanginge before you; you shall hold your corts accordinge to the sayd comission; you shall not lett for guift or other cause, but well and truly shall doe your office of comissioner, so help you God, &c.||Oath of commissioners.|
|There shall also be drawne Mutatis mutandis for Warwicke river these comissioners, Capt. Sam. Mathewes Esq. Capt. Richard Stephens, Esq. Mr. John Brewer, Capt. Thomas Flynt, Zacharye Cripps, gent. Thomas Seelie, gent. ffor Worrosquyoake these comissioners Mr. Richard Bennet, Capt. Robert Ffelgate, John Upton, gent. Thomas Jourden, gent. Wm. Hutchinson, gent. Ffor Elizabeth Citty, these comissioners, Capt. Wm. Tucker, Esq. Capt. Thos. Purrifie, Esq. Capt. Thos. Willowby, Adam Thorowgood, gent. Wm. English, gent. George Downes, gent. John Arundell, gent. Ffor Accawmacke these comissioners, Capt. Wm. Claybourne, Esq. Capt. Thomas Grayes, Capt. Edmund Scarborough, Charles Harmar, gent. Obedience Robins, gent. John Howe, gent. Roger Saunders, gent.|| |
Commissioners for Warrick river.
For Elizabeth City.
|IT is established and appoynted, That the 4 great quarter cortes shall be held at James Citty, yearlie as followeth, vizt. The first day of March, the first day of June, the first day of October, and the first day of December.||Great quarter courts, when to be holden.|
|WHEREAS nothing can more conduce to the welfare of this colony then that some effectuall courses be established, in the trade of our tobacco, and that wee should take order both to moderate the excessive plantinge and to better the condition and quality thereof:||Regulations for improving the quality of tobacco.|
|Be it therefore first ordeyned and enacted by this present Assembly, That no person or persons, after the publication or notice hereof, doe buy or cause to be bought any marchandise, goods, or any other thinge whatsoever, or make any contract, bargaine or promise for the havinge or buyinge of the same or any part thereof in exchange for the comoditie of tobacco directlie or indirectlie allowinge under the rate of 6d per pound for every pound of tobacco, as the goods first cost in England bona fide uppon penaltie for his or theire first offence to forfeite the value of the sayd marchandize or goods soe by him or them bought or had as aforesayd. And yf any person lawfully convicted or attaynted of and for the sayd offence be thereof agayn lawfully convicted or attaynted, then every person or persons soe offendinge, shall for his second offence loose double the value of the goods and marchandize soe by him bought or had as aforesayd. And yf any person beinge lawfully twice convicted or attaynted of and for the sayd offences and the 3d tyme be thereof lawfully convicted and attaynted, that then every such person for the said third offence shall loose and forfeit thrice the value of all such goods bought or had as aforesaid, the one half of which forfeiture shall be to him or them, who shall sue for the same by action of debt or information, in any corts within this colony, provided that the complains be made within 6 mounthes after the fact comited. And be it therefore further ordered, that the comissioners at the mounthlie corts in all places of this country now established have full power and authoritie by virtue of this act to enquire, heere and determine all and every the defaults and offences perpetrated, comitted, and done contrary to this act, and to make processe against the offenders as the Governor and counsell use to do in such cases; Provided, That the said corts doe send the true coppies of the proceedings to the Governor and Counsell at theire|| |
Not to be bartered for goods, at less than 6d a pound, on the prime cost fo the goods.
Penalty for the 1st offence.
For the 2d offence.
For the 3d offence.
Limitation of action.
Monthly courts to hear and determine offences against his act.
To transmit copies of
|next sessions of theire quarter corts at James Citty: Neverthelesse it shall and may be free and lawfull to buy or bargain for tobacco at such rates as the parties can agree, any cattle, hoggs, poultry or any houshold stuffe, hides, skinnes or any comodities that are or may be raised in this colony any thinge in this act conteyned to the contrary notwithstandinge.||their proceedings to the quarter courts. This act not to extend to bartering for country produce.|
|Secondlie, be it further ordered, That no planter or master of a familie, shall plant or cause to be planted above two thousand plants of tobacco per pol, and that they shall not plant tobacco or they which shall be otherwise imployed shall not transfer or make over theire right of plantinge unto any other. And to prevent any greater, every planter or master of a familie, plantinge a cropp of tobacco more or less shall be tyed to procure one of his neighbors or some sufficient man to count and nomber his or theire plants of tobacco, who will uppon his oath declare and testifie unto the comander of that place, before the 10th day of July, that he hath counted and nombered the sayd plants, and shall say in his conscience the iust and true nomber of them, which thinge yf the said planter or master of a familie shall neglect, or that the number of plants be found to exceede the proportion of two thousand plants per pol, than the comander is hereby required to present it to the mounthlie corts, and the comissioners there shall give present order to have the whole cropp of tobacco cut downe, uppon payne of imprisonment and censure of the Governor and Counsell, and Grand Assembly, yf they the said comissioners shall neglect the execution hereof. Also uppon neglect of the comander herein he shall be censured by the Governor and counsell in like manner.||Limitation in planting tobacco.|
2000 plants per head.
No person to transfer his right of planting.
Crops of tobacco to be viewed, and plants counted.
Return on oath.
For excess, whole crop to be cut down.
Penalty on commissioners of monthly courts for neglect.
On commanders of plantations.
|Thirdlie, It is ordered, That no person or persons shall tend or cause to be tended above 14 leaves, nor gather or cause to be gathered above 9 leaves uppon a plant of tobacco and the several comanders shall hereby have power to examine the truth hereof and yf any offend, to punish the servants by whippinge and to binde over the masters unto the next quarter cort at James Citty to be censured by the Governor and Counsell. And this act shall continue in force untill the first day of March next ensuinge.|
Planters not to tend above 14 leaves or gather more than 9 leaves.
|Fourthlie, It is ordered, That no person or persons shall tend or cause to be tended any slipps of old stalkes of tobacco, or any of the second cropps uppon the forfeiture of his whole cropp of tobacco, whereof one halfe to be to the informer that shall sue for the same in any cort within this colony.||No slips of old stalks or seconds to be tended. |
|IT is likewise ordeyned, That yf any marchant or any other person whatsoever shall hereafter make complaynt to the comander of the place, that any tobacco tendered unto him or them is not good and marchantable, then the sayd comander is hereby required, uppon penaltie of beinge disabled from bearinge any office in this colony for one whole yeare, and further censure of the Governor and Counsell, to make choyce of two sufficient men, whom he shall by word of mouth or warrant under his hand reqiure to viewe the sayd tobacco, and uppon oath to deliver unto him the goodnes and badnes thereof, and to cause the same to be burnt yf it bee not found marchantable. But yf any person or persons shall refuse to viewe the sayd Tobacco, and accordinglie to declare the quallitie thereof uppon oath, then it is ordered that the sayd comander shall binde over the sayd person or persons to answer the contempt at the next quarter cort before the Governor and Counsell.|
Tobacco tendered in payment, how to be viewed.
If not merchantable, to be burnt.
Penalty on persons refusing to view.
|IT is likewise ordered, That every man workinge in the ground shall plant or cause to be planted and sufficientlie tended yearely at the least 2 acres of corne per pol, uppon penaltie of the forfeiture of his whole cropp of tobacco, yf uppon viewe thereof they shall be found deficient, unlesse they shall have a lawfull cause to the contrary.|| Tow acres of corn per head to be planted and tended.
|FOR the prevention of forestallinge the marketts and ingrossinge commodities, It is ordeyned and assented by the Governor and Counsell togeather with the||To prevent forestalling, & engrossing.|
|Burgisses of this present Grand Assembly, That every shipp or barque arrivinge in this colony from England or any other parts shall with the first wynd and weather sayle up to the port of James Citty, and not to unlade any goods or breake bulke before she shall cast anchor there, unless the Governor and Counsell shall give leave and lycense to the contrary uppon payne that the captayne and mayster of the sayd shipp shall forfeite the sayd goods or the value thereof, and shall have and suffer one mounthes imprisonment, the one halfe of which forfeiture shall be to him or them that will prosecute or shall sue for the same in any cort within this colony. And it is therefore further ordered, that the present commander of the ffort at Poynt Comfort, uppon the arrivall of any shipp or shipps or other vessell out of the sea shall immediatelie make his repayre aboard and there require the commander, captayne, and master of the sayd shipp or shipps or other vessel to deliver unto him a true list of all such persons as were imbarqued in theire shipp or shipps or other vessel to deliver unto him a true list of all such persons as were imbarqued in theire shipp at theire cominge out of England togeather with theire ages, countreyes and townes where they were borne; and to keepe record of the same, and he the sayd commander of the fort shall there read and fixe at the mast of the said shipp or shipps a proclamation as followeth, vizt. "To the captaynes, masters, and commanders of any shipp or shipps arrivinge at the fort at Poynt Comfort, I, Sir John Harvey, Knight, Governor and captayne generall of Virginia send greetinge. These are in his majesty's name, to will and require, and straightlie to chardge and command you accordinge to the instructions directly unto me and the Counsell of State, from the right hon'ble the Lords of his Majesties most hon'ble privy counsell, that with the first winde and weather, you saile directlie to the port of James Citty; and that you unlade no goods nor breake any bulke until you shall come to an anchor there, uppon payne of the losse of the sayd goods, and one mounthes imprisonment. −−− Given at James Citty the 4th day of September, 1632." Neverthelesse it shall be lawful for any such vessells, boates, or shippes, as belonge to any person or|
Vessels arriving not to break bulk till they come to J. City;
without leave from the governor, &c.
Commander at Point Comfort to require a list of all persons arriving, &c.
To administer the oaths of supremacy and allegiance.
Proclamation to be fixed at the main mast head.
|persons dwellinge or inhabitinge within this colony uppon theire arrivall out of the sea, to goe and sayle unto any place or places to which they do belonge, or at which they shall desire to unlade theire goods, and the marchant or factor shall deliver unto the commander of that place, an invoice of the goods they have brought in.|
|EVERY vessel or shipp cominge out of the ocean customs untill further orders be taken therein shall pay after the rate of one barrell of gunpowder containinge 100 lbs. and ten iron shott for ordinance, for every hundred tunns of burthen, to be for the use of the fort at Poynt Comfort, and soe to be accounted propotionably bee the shipp or barque bigger or lesser.||Tonnage duty.|
|IT is provided and ordered, That all workers upon corne and tobacco shall this ensuing springe before the first day of March next ensuinge, plant, or cause to be planted 20 vyne plants per pol uppon penaltie to forfeite one barrell of corne for every one that shall make default one halfe to be to him which shall make information thereof and the other halfe to publique uses. And the commissioners for the mounthlie cort shall have full power to heare and determine this matter and to see that the sayd vynes bee weeded, tended, and well preserved.||Vines, 20 a head to be planted. |
To be assessed by monthly courts.
|IT is ordered, That no person or persons shall dare to speake or parlie with the Indians either in the woods or in any plantation yf it can possibly be avoyded by any meanes. But yf any Indian shall voluntarilie presse uppon any in the woods, or into any plantation, as soon as can be, they shall bringe them to the commander, or give the commander notice thereof, uppon penaltie of a mounthes service for any freeman offendinge, and twenty stripes for any servant. but for the planters of the Easterne Shoare, the commanders||No person to speak or parley with the Indians. |
Exception as to the Eastern Shore.
|are required to observe all good termes of amitie, and that they cause the planters neverthelesse to stand uppon theire guard, and not to suffer the Indians especially the Mattowombes to make any ordinary resort or aboade in their houses, and yf any English without leave resort unto theire townes, the commanders are to binde them over to the next quarter cort.||Penalty on the English resorting to their towns.|
|AND because wee hold the neighbouringe Indians our irreconcileable enemyes, it is further though fitt, That yf any Indians doe molest or offend any plantations in theire cattle, hoggs, or any thinge else, or that they bee found lurkinge about any plantation, then the commander shall have power by virtue of this act to rayse a sufficient partie and fall out uppon them, and persecute them as he shall finde occasion.||Commanders to fall upon Indians lurking about or molesting cattle, &c.|
|BE it also enacted, That every artificer or laborer that shall be lawfully reteyned in and for the buildinge or repayringe of any church, house, shipp, milne, or every other peice of worke taken in greate, or that shall hereafter take uppon him to make or finish any such thinge or worke, shall continue and not depart from the same unlesse it be for not payinge of his wages, or hire agreed on, or otherwise by lawfull authoritie taken from the sayd worke, or lycense to depart by him, that hath the charge thereof before the finishinge of the sayd worke uppon penaltie of one mounthes imprisonment without bayle or mayneprize and the forfeiture of the sum of £ 5 sterlinge to the partie soe greaved, over and besides such ordinarie costs and damages as may or ought to be recovered by the common lawes for any such offence.||Workmen not to withdraw from their work under a penalty.|
|BE it also enacted accordinge to the lawes of England, That all and every person or persons which shall be drunke, and of the same offence of drunkenes shall||Drunkenness, how punished.|
|be lawfully convicted, shall for every such offence forfeite and lose five shillings of lawfull money of England, to be payd to the hands of the church wardens of that parish where the offence shall be committed, And yf the sayd person soe convicted shall neglect or refuse to pay the sayd forfeiture as aforesaid, then the same shall be levyed of the goods of very such person or persons soe neglectinge or refusinge by warrant from the cort before whome the said conviction shall be made.|
|IT is thought fitt, That whosoever shall sweare any oath, shall pay for every oath one shillinge as is ordeyned by the statute.||Swearing, how punished.|
|WHATSOEVER person or persons shall buy or cause to be bought any marchandize, victualls, or any other thinge, comminge by land or water to the markett to be sold, or make any bargaine, contract or promise for the haveinge or buyinge of the same or any part thereof soe comminge as is aforesaid, before the said marchandize, victualls, or other thinge shall bee at the markett readie to be sold; or make any motion by word, letter or message ro other wise to any person or persons for the enhaunsing of the price, or dearer sellinge of any thinge or thinges above mentioned, or else disswade, move, or stirr any person or persons cominge to the marquett, to abstaine or forbeare to bringe or convey any of the things above rehearsed to any markett as aforesayd shall be deemed and adjudged a forestaller. And yf any person or persons shall offend in the thinges before recited and beinge thereof dulie convicted or attaynted shall for his or theire first offence suffer imprisonment by the space of two mounthes without baile or maineprize, and shall also loose and forfeite the value of the goods soe by him or them bought or had as aforesayd; and for a second offence, after his or theire first conviction, shall suffer imprisonment by the space of one halfe yeare without baile or maineprize, and shall loose the double value of||Forestalling defined. |
Penalty for 1st offence.
For the 2d offence.
|all the goods and marchandize soe bought or had as aforesayd; and for the third offence beinge lawfully twice convicted or attaynted shall be sett on the pillorie in the place where he then dwelleth and loose and forfeite all the goods and chattels that he or they then have to theire own use, and also be committed to prison there to remayne duringe the Governor's pleasure, provided that the complaynt be made within to yeares after the offence done or committed.|| |
For the 3d offence.
Limitation of action.
|IT is ordered, That a barrell of corne shall be accounted five bushells of Winchester measure, that is to say 40 gallons to the barrell, and that the commissioners for the mounthlie corts throughout this colony doe take order and see that sealed barrells be made and sealed with this seale as in the margent [VG] which seal they are to keepe, and uppon reasonable request to seale such barrells and bushells as shall be brought unto them, beinge of a just size. And it is ordeyned and established that whosoever shall use or cause to be used any unsealed barrells or bushells, after the publication hereof, shall forfeite 13s 4d, and for the second offence 26s 8d, and for the third offence shall be sett in the pillorie, and the measures and barrells defective shall be broken or burnt. And for defective weights, It is ordeyned, That the offender shall be punished accordinge to the statute in that case provided.||Contents of a barrel of corn. |
Penalty for using unsealed barrels.
|THE Assembly doth order and graunt, That there be payd out of the general levy unto capt. Michaell Marshartt's attorney, in full for the carriadges for the ordinance, 1375 lb. of tobacco, and likewise in consideration of the good service done by the sayd capt. Marshartt to this colony, and to relieve the necessitie of his wife and children, the Assembly doth give as a gratuitie to be sent unto her, 4500 lb of tobacco to be payd this cropp.||Compensation to capt. Marsharrt, |
And a donation to his family.
|IT is ordered, That the Governor and Counsell shall not lay any taxes or impositions uppon this colony, theire lands or commodities otherwise than by the authoritie of the Grand Assembly, to be levyed and imployed as by the Assembly shall be appoynted.|| |
Restriction as to the power of the governor, &c.
|THE Assembly alloweth of the publique chardges followinge, vizt:||Appropriation law.|
|It is therefore thought fittinge that there shall be levyed uppon every tithable person sixty-fowre pounds of tobacco per pol throughout this colony. And for such persons as have departed out of this country since the contract for the ffort, and for such as are since deceased leavinge sufficient estates it is ordered that they shall be lyable to pay this taxe. And that it be required out of the estates remayninge and the overplus to remayne in Mr. Corker's hands.||Taxes. |
How collected from decedents' estates.
|THE Governor shall not withdrawe the inhabitants from theire privat laboures to any service of his owne uppon any color whatsoever, and in case the publique service require imployments of many hands before the holdinge of a Grand Assembly to give order for the same, in that case the levying of men shall be||Governor not to withdraw the inhabitants from their private labours, on his own business.|
|done by the Governor and the whole bodie of the Counsell, And that in such sort as to be least burthensome to the people, and most free from partialitie; suddaine incursions of the Indians, and such like cases excepted.|
|ALL the old planters that were here before or came in at the last cominge of Sir Thomas Gates shall be exempted from theire personall service to the warrs and any publique chardges (church duties excepted) that belonge particularlie to theire families except such as shall be imployed in cheife.||Privilege of old planters.|
|EVERY private planter's devident shall be surveyed and layd out in severall, and the bounds recorded by the surveyers, if theire be any petty differences betwixt neighbours about theire devidents, to be decyded by the surveyors, yf of mayne importance, to be referred to the Governor and Counsell.||Each man's land to be surveyed, and bounds recorded. |
|FFOR encouragement of men to plant store of corne, the price shall not be stinted, but it shall be free for every man to sell it as deere as he can, the reason and ground hereof being contrary to the president of other countryes and kingdoms, in regard all men may plant what store of corne they please.||Price of corn not to be limited.|
|* These two acts are obliterated, but it appears from the marginal abstract which is preserved, that act XL prohibited any trade with the Indians for corn, and act XLI directed that planters should go in sufficient parties to guard against the attacks of the Indians.|
|NOE man shall goe to worke in the grounds without theire armes, and a centinell uppon them places where the commander shall require it.||Arms.|
|THERE shall be due watch kept by night where need requires.||Watch.|
|NOE commander of any plantation, shall either himselfe or suffer others to spend powder unnecessarilie, that is to say, in drinkinge or enterteynments.||Not to spend powder.|
| ALL men that are fittinge to beare armes, shall bringe their peices
to the church uppon payne for every effence, if the default be in the master, to pay 2lb. of
tobacco, to be disposed by the church-wardens, who shall levy it by distresse, and the servants
shall be punished
|To go armed to church.|
|NOE person within this colony uppon the rumour of supposed change or alteration shall presume to be disobedient to the present government, nor servants to theire private officers, masters and overseers, at their uttermost perill.||Obedience to superiors.|
|THE adioyninge plantations, shall assist the frontiers or their neighbours, uppon alarums, the default to be severelie censured, and false alarums punished.||Adjoining plantations to assist the frontiers in case of alarm.|
|IT is ordered, That no cow hides, oxe hides, bull hides, goats skins, deare skins, or other hides, or skins||Exportation of certain|
|whatsoever, shall be sent or carryed out of this colony uppon forfeiture of thrice the value thereof, the one halfe to the informer, and the other halfe to publique uses. Beaver skins, otter skins and al sorts of furrs excepted.||hides and skins prohibited. |
Beaver & otter skins excepted.
|NOE man shall kill any wild swyne out of the forrest or woods, except in his or devident, without leave or lycense from the Governor. But it is thought convenient that any man be permitted to kill deare or other wild beasts or fowle in the common woods, forrests, or rivers in regard that thereby the inhabitants may be trained in the use of theire armes, the Indians kept from our plantations, and the wolves and other vermine destroyed. And for encouragement to destroy the wolves, it is thought that whosoever shall kill a wolfe, and bringe in his head to the commander, it shall be lawfull for such person or persons for every wolfe soe kild, to kill also one wild hogg and take the same for his owne use.||Wild hogs not to be killed unless within a man's own land.
Deer & wild beasts may.
Reward for killing wolves.
|HIGHWAYES shall be layd out in such convenient places as are requisite accordinge as the Governor and Counsell or the commissioners for the mounthlie corts shall appoynt, or accordinge as the parishioners of ever parish shall agree.||Roads or high ways to be laid out.|
|ALL such as will seate downe and inhabit betweene the heads of Archer's Hope Creeke, and Queenes creeke shall be free of all generall taxes untill some other shall be without them, and they shall have fifty acres of land for every person that yeare seate there, as the planters of Kiskyake have had.||Settlement rights in a certain district.|
|EVERY man shall enclose his ground with sufficient fences or else to plant, uppon theire own perill.||Grounds to be inclosed.|
|IT is ordered and appoynted, That the comanders of all the severall plantain, doe upon holy dayes exercise the men under theire command, and that the commanders yearlie doe likewise uppon the first day of December, take an exact muster of theire men, togeather with the women and children, theire ages, countryes, and townes, where they were borne, with the names of the shipps they came in, and the yare of the Lord, as also of armes and munition, corne, cattle, hoggs, goates, shipps, barques, boates, gardens, orchards, and yf they shall make default, to be censured by the Governor and counsell.||Commanders to exercise their men on holidays; and take a census of the inhabitants yearly, with their arms and other property.|
|IT is thought fitt, That no boates be permitted to goe and trade to Canida or elsewhere that be not of the burthen of ten tunns, and have a flush decke, or fitted with a gratinge and a tarpaulinge exceptinge such as be permitted for discovery by a speciall lycense from the Governor.||Boats not to be employed in the Canada trade unless of a particular construction|
|NOE master or commander of any vessell, boates, barques, or shipps, shall transport any person or persons out of this colony except the sayd person or persons doe give notice hereof in the place where he or they are then resident ten dayes before his departure uppon the penaltie to pay all such debts as all such persons shall stand indebted unto any person within this colony at the tyme of his or theire departure.||Masters of vessels transporting persons out of the colony, without notice, liable for their debts.|
|IT is ordered, That no person or persons shall depart out of this colony to inhabite or abide within any other plantations, of New-England or elsewhere, unlesse he obteyne a lycense or passe for his departure under the Governor's hand.|
No person to remove to New England without license from the governor.
|And yf the secretarie shall desire it he may require for ever 5 lb. of tobacco here mentioned, one bushel of corne.|
|THE Marshalls ffees shall be as followeth, vizt.||Marshal's fees.|
|And for lodginge and diett as they can agree.|
|And for every 5 lb. of tobacco the marshall may require one bushel of corne.|
|IT is thought fitt and accordinglie ordered, That there be a publication made that all estates of any deceased persons, be appraised after the rate of money and not in tobacco as hath beene accustomed heretofore, and where the deceased partie shall die in debt, It is thought fitt, That the estate shall be sould by outcry, and notice of the sayd outcry to be given 8 days before.||Estates of deceased persons to be appraised in money, and sold at public auction.|
|IT is ordered, That the 22d day of March be yearelie kept Holyday in comemoration of our deliverance from the Indians at that bloudie massacre which happened uppon the 22d of March 1621.||The 22 of March to be annually observed as a holliday.|
|LASTLY, It is ordered, That these acts shall be published throughout this colony. And that the comissioners, for the mounthlie corts doe at the beginninge of their corts read or cause to be read all these acts and that true coppyes thereof be kept in the corts to be afforded to be read by all that shall desire the same.||How these acts to be published.|
HOLDEN AT JAMES CITTY THE FIRST DAY OF FEBRUARY, 1632-3
The MS. from which the acts of this session were printed, is now in the library of Congress at Washington.
| BEINGE present Sir John Harvey, Knight Governor, &c.|
|The names of the Burgisses were as followeth, vizt:|
|ffor Shirley Hundred Iland −−− Mr. Rice Hooe.|
|ffor Westover & fflowerdue Hund. −−− Capt. Thos. Paulett.|
|ffor Wyanoake −−− Wm. Emerson, gent.|
|ffor Kiskyake −−− Capt. Nichs. Martian.|
|ffor Yorke −−− Lyonell Goulston, gent.|
|WHEREAS divers acts and orders were made and established in the Grand Assembly holden at James Citty||Preamble|
|* The acts of this session are not numbered in the MS. either in the margin or elsewhere.|
|the 4th day of September last past, concerning the plantinge and trade of tobacco [by the] twentyeth and one and twentyeth acts. And whereas for divers good considerations, it is though fitt to explayne the sayd acts in many parts and particulars, and to make some alteration in some of them, It is therefore ordered, That the sayd twentyeth and one and twentyeth acts be in all and every part repealed and voyd. And that these orders and constitutions followinge be established and observed within this colony.||20th & 21st acts of last session repealed.|
|ffirst, The whole bodie of this present Grand Assembly, for the better upholdinge the price of this commoditie, and that they may follow workes of better consequence, doth assent and agree that there shall be appoynted five stores hereafter specified unto which the planters shall be obliged to bringe in all theire tobaccoes before the last day of December, and in the same stores to be repacked, viewed and tryed by sworne men appoynted for that purpose, who shall be one at least of the counsell whose dwellinge is nearest to that place; to whome rest of the commissioners of the several plantations shall be joyned assistants who shall once a weeke or oftener yf neede require take vewe of such tobaccoes as is brought in, cause all the badd and ill conditioned tobaccoes instantlie to be burnt and the planters thereof to be disabled further from plantinge any more of that commoditie of tobacco.|
5 stores or warehouses established.
Inspectors; one of the council always to be of the number.
Bad tobacco to be burnt; and planter disabled from planting any more.
|1st, Any tobaccoes the sayd sworne to be good and marchantable, shall be received into the severall stores, and entered severall accounts of those that were the planters thereof.|
|2dly, It is ordered, That no person or persons doe aor shall pay or receave, or cause to be payd or receaved any tobaccoes before it have been vewed, tryed and entered into the stores aforesayd. And all payments of debts, shall be made and done at the sayd stores, with the privitie and in the presence of the store keepers; and all tobaccoes shall theire remayne, until such tyme as the same be laden away aboard some shipp or shipps to be transported out of this colony. And the commissioners for the several parts shall take care to see sufficient stores built and able store keepers appoynted as they will answer the contrary.||No tobacco to be paid away or received in payment till inspected.
Payments to be made at the warehouses.
|3dly, And no person or persons for whome one or more cropp or cropps of tobacco shall be planted may||All tobacco to be bro't to|
|neglect, withhold, or deteyne any tobaccoes from bringinge the same to the sayd stores uppon penaltie of confiscation of soe much as shall be kept backe at the last day of December; to which purpose alsoe very such person or persons shall be sworne at or before the last day of December yearelie, to take his oath at the sayd stores or theire to present certificate of such oath under the hand of the sayd commissioners, that he or they have kept backe from the sayd stores no tobacco of theire cropp or cropps, except such as is reserved for his or theire owne spendinge to use in his familie.||the warehouses before the last day of Dec. |
Oath to be taken.
|4thly, The sayd five stores shall be kept in the places followinge, vizt.|
|At James Citty, at Shirley hund. Iland, Denbeigh, Southampton river in Elizabeth Citty, and Kiskyake, vizt. all the inhabitants in the upper parts, as lowe as Weyanoake shall bringe theire tobacco to the store at Shirley hund. Iland, and the inhabitants from Weyanoake to Stanley hund. and Lawnes Creeke to the store at James Citty, and all the inhabitants from Stanley hund. and Laynes Creeke downe to Maries Mount to the store at Denbigh. And all the inhabitants of Elizabeth Citty, Accowmacke and the Ile of Kent to the stores in Southampton river.||At what places stores or warehouses established.|
|5thly. Lastlie all the inhabitants of Charles river to the store at the Rocks agaynst Tindall's poynt.|
|Noe tobacco uppon payne of confiscation after the publication hereof, shall be made upp in rolle except betweene the first day of August and the last day of October, and no old tobacco shall be made upp uppon the like payne but that which shall be cured that present yeare.||What tobacco may be made up in rolls.|
|6thly. Be it further ordered, That no planter or master of a familie, shall plant or cause to be planted above 1500 plants per pol; and they which shall not plant tobacco, or they which shall be otherwise imployed, may not transferr theire proportion of plantinge the sayd 1500 plants or any part thereof unto any other whomesoever. And as neere as may be the planters shall endeavour themselves to plant and sowe these kindes of tobacco which are of the longe sortes, and all other sorts the next yeare shall be quite left of, and given over: and to prevent any greater quantities every planter||Number of plants per head limited. |
Right of planting not to be transferred.
What sort of tobacco to plant.
|or master of a familie plantinge a cropp of tobacco more or lesse shall be tyed to procure one of his neighbors, or some sufficient man to count and nomber his or theire plants of tobacco who will uppon his oath declare and testifie unto the commander of that place before the tenth day of July that he hath counted and nombered the sayd plants and shall say in his conscience the iust and true nomber of them, which thinge yf the sayd planters or maysters of a familie shall neglect, or that the nomber of plants be found to exceede the proportion of 1500 plants per pol, then the commander is hereby required, to present it to the mounthlie corts, and the commissioners there shall give present order to have that whole cropp of tobacco cutt downe, uppon payne of imprisonment and censure of the Governor and Counsel and Grand Assembly, yf the sayd commissioners shall neglect the execution thereof. Also uppon neglect of the commander herein he shall be censured by the Governor and Counsell. And any person she offendinge in exceedinge the quantitie of 1500 plants per pol as is aforesayd shall be utterlie excluded from plantinge tobacco, after due conviction of the sayd offence.||Crops of tobacco to be viewed and counted. |
Penalty for neglect or excess, on the planter.
On the commanders of plantations.
|7thly, All goods shall be landed at James Citty exceptinge such beddinge and wearinge apparell as belonge to passengers. And all contracts, bargaines and exchanges in tobacco for any part of the sayd goods shall be there only made and done, with the privitie of such store keepers as shall be appoynted at James Citty, uppon penaltie of the forfeiture of the sayd goods and tobacco, both for the buyer and the seller, which shall be elsewhere or otherwise bought or sould. And no person or persons sellinge or barteringe his tobacco shall directlie or indirectlie take any goods for the same under the rate of six pence per every pound of tobacco, which he or they shall soe barter or sell, as the goods first cost in England bona fide uppon penaltie of the sayd offence, to forfeite the sayd tobacco soe bartered or sould, the one halfe of which forfeiture shall be to the informer, and the other halfe to publique uses, and shall also suffer such other punishment as shall be though fitt by the Governor and Counsell.|| |
Goods to be landed at James City, & contracts for tobacco there to be made.
Price of tobacco.
Penalty for selling for less.
|8thly, And to avoyd any indirect courses herein to frustrate the good intention of this act all masters or||Invoice of goods to be delivered.|
|pursers of shippinge shall deliver uppon oath the true contents of all such goods as are imported in theire shipps; and that they have discharged none. And yf they shall finde any more than is conteyned in the invoyce which they shall deliver, the shall give knowledge thereof before they land the same. And further to the purpose searchers shall be appoynted to search the shipps and secret places of the sayd shipps, and to seize all concealed goods.||Searchers to be appointed.|
|An act concerninge Mynisters' allowance.|
|THE whole bodie of the Assembly takinge into theire consideration the allowance of the twentyeth calves, kidds, and piggs graunted unto the Mynisters in the 14th act in the Assembly holden on the 4th day of September last past, and made to endure for the terme of one whole yeare, then next ensuinge, for the terme of one whole yeare, then next ensuinge, for the better encouragement of the mynisters in theire callinge, have thought fitt to continew, the sayd 14th act in all parts and respects, untill the sessions of the next Assembly.||Imposition of tithes further continued.|
| An act for the payment of the Mynisters' Tobacco and |
|CONCERNINGE the payment of the dutie of 10 lb. tobacco to the mynisters appoynted by the 16th act of the Assembly holden the 4th day of September last past, It is thought fitt, That they sayd act be repealed so farr forth as concerneth the bringinge in of the sayd 10 lb. of tobacco unto appoynted places for that purpose; and in all other poynts to continue and remayne in full force and strength. And it is further ordered by the Assembly, That the sayd dutie of ten pounds of tobacco be payd to such whome the mynister shall appoynt at the severall stores aforesaid, before any other tobacco of any man's cropp be disposed of.||So much of a former act as directed that the ministers' allowance
of tobacco shall be carried to them, repealed. |
Such tobacco to be delivered at the warehouses.
| An act that the Mynisters appoynd Deacons in remoate |
places to reade common prayer.
|IN such places where the extent of the cure of any mynister is so large that he cannot be present himselfe on the Saboth dayes and other holydays, It is thought fitt, That they appoynt and allow mayntenance for deacons where any havinge taken orders can be found for the readinge common prayer in their absence.||Ministers to appoint deacons.|
|An act for Tradesmen to worke on their trades.|
|THE necessitie of the present state of the country requiringe, It is thought fitt, That all gunsmiths and naylers, brickmakers, carpenters, joyners, sawyers, and turners, be compelled to worke at theire trades and not suffered to plant tobacco or corne or doe any other worke in the ground −−− And the commissioners in the several parts of this colony, shall take care to see this act performed. And further to see that they have good payment made unto them for theire worke out of the stores as soone as the tobacco is brought thither.||Mechanics to follow their trades an not to plant tobacco or corn.|
|An act for the Seatinge of the middle Plantation.|
|IT is ordered, That every fortyeth man chosen and maynteyned out of the tithable persons of all inhabitants, within the compasse of the forrest conteyned between Queenes creek in Charles river, and Archers Hope creeke in James river, with all the lands included, to the bay of Chesepiake, and it is appoynted that the sayd men be there at the plantation of Doct. John Pott, newlie built before the first day of March next and that the men be imployed in buildinge of houses, and securinge that the tract of land lying betweene the sayd creekes. And to do such other workes as soone as may bee as may defray the chardges of that worke, and to be directed therein as they shall be ordered by the Governor and Counsell. And yf any free man shall this yeare before the first day of May, voluntarilie goe and seate uppon the sayd place of the||Encouragement for seating the middle plantation|
|middle plantation, they shall have fifty acres of land Inheritance, and be free from all taxes and publique chardges accordinge to a former act of Assembly made the forth day of September last past.|
| Extract from the Minutes of the Judicial Proceedings |
of the Governor and Council in Virginia
|"24th, June, 1633. −−− A woman, Margaret Hatch, indicted for murdering her child. Petit jury find her guilty of manslaughter. Sentenced to be hanged; pleads pregnancy; and jury of Matrons find her not pregnant." −−− Ancient Records, vol. 3, pa. 224.|
|Pages 137-177||Pages 209-238|