|Pages i-viii & 9-16||Pages 41-57|
HELD AT JAMES CITY MARCH 32D 1660.-1*
|This MS. is now in the library of Congress at Washington.|
|WHEREAS the necessity of the country being in danger of the oppression company and the losse of our liberties for want of such an agent in England as is able to oppose the invaders of our freedomes and truly to represent our condition to his sacred majestie enforceth the employing a person of quality to present our grievances to his majesty's gracious consideration and endeavor the redresse which the right honorable Sir William Berkeley his majestyes governor hath been pleased to undertake, Bee itt therefore enacted that there be raysed by the country the some of two hundred thousands pounds of tobacco and cask for his the said Sir William Berkeley's support in his voyage; and that payment be made thereof by the 20th of January in Yorke river and James river to such persons as his honor shall appoint and that the secretary of state and speaker of the assembly signe a manifesto to the governor of the country's engagement for payment thereof.|| Sir William Berkeley sent to
Expenses of his voyages.
|* This is dated 1660 in the MS but by a letter addressed to the Editor by Mr. Jefferson, it is stated to be the session of 1660-1, which is certainly the true date.|
An act prohibiting the importation of unnecessary commodities.
|WHEREAS the lowe prices of tobacco will hardly supply the urgeing and pressing necessities of the inhabitants of the country, and those necessities by the importation* and sale of superfluous comodities soe augmented the that very few can with there annuall labour defray their annuall charge by which meanes they are reduced to that extremity that not being owners of their owne commodity (spent before made) they are forced to part with it at what rigorous rate soever the exacting merchant will please to propose for prevention* whereof Bee itt enacted that noe strong drinke of what sort soever, nor silke stuffe in garments or in peeces (except for whoods and scarfes) nor silver or gold lace nor bonelace of silke or thread nor ribbands wrought with silver or gold in them shall be brought into this countrey to sell after the first of February next under penalty of confiscation of the said goods by the sellar to the governor to be exported and the value thereof by the buyer to that good common-wealth man that shall discover it.||Importation of certain articles prohibited.|
* The terminations tion, are generally written in the MS. "con"
Nulled and disagreed to.
That counties and parrishes be bounded.
|THAT for the prevention of the frequent suits and differences betweene county and county and parrish and parrish all counties and parrishes within this country shall within two years att furthest from the date hereof be limitted within certaine naturall bounds and precincts (if they may be had) either by consent of the inhabitants or the judgement of the quarter courts, and where naturall bounds are wanting to supply that defect by marked trees which are to be viewed and renewed||Counties and Parishes to be bounded by natural limits if practicable.|
| This act in the MS. is crossed with a pen: and, in the margin the following note is made, in the hand-writing of Mr. Jefferson: "So dashed in the roll. I conjecture it was negatived by the Governor."|
|every three yeares by the neerest bordering inhabitants of each county and parrish in Easter weeke.|
Inhabitants to bring in their tithables.
|WHEREAS the fraud of sherriffes in bringing in their lists hath very much augmented the taxes of the country, Bee itt enacted that for the better discovery of the number of tithables each county be devided into foure precincts in each of which a commissioner shall bee appointed to whom the constable in each precinct shall warne the inhabitants by the tenth of June to bring in the lists of their tithables which if any shall neglect he shall pay double taxes for his whole family, and if he give in a false list he shall pay treble taxes for every person concealed.||Four Commissioners to be appointed in each county for taking
lists of tithables.|
Persons dwelling in the rules of prisons.
|WHEREAS many persons on purpose to delay or defraud their creditors take houses within the rules of the prisons and by that meanes avoid the punishment of restraint that is layd on others, Bee itt enacted and ordained that noe person dwelling within the rules of any prison shall have the benefitt of walking in the rules or lodging in his owne house but shall be confined to close imprisonment and if the sherriffe shall permit any person soe dwelling within the rules as aforesaid to goe abroad out of prison though with a keeper he shall be liable to pay the debt as in case of escapes.||No person dwelling in the prison bounds to walk in the rules, or lodge in his own house.|
Ordinarie keepers to give bond.
|FOR preventing of many disorders and riotts in ordinaries and other places where drinke is retayled Bee itt enacted that noe person or persons whatsoever shall in their houses retayle any drinke, but such as shall obteine a lysence from the commissioners of the county where he lives signed by the first in commission||No person to retail liquors without licence, and giving bond.|
|of that county by giving bond according to the lawes of England and further oblidgeing himself to sell at the rates set by the commissioners and to pay annually to the use of the governor three hundred and fifty pounds of tobacco and caske for his lysence.|| Fee to the Governor|
Noe county to choose above two Burgesses.
|WHEREAS the charge of assemblies is much increased by the great number of Burgesses, Bee itt enacted that hereafter no county shall send above two Burgesses who shall be elected at those places in each county where the county courts are usually kept, provied allwaies that James Citty being the metropolis of the country shall have the priviledge to elect a Burgesse for themselves and every county that will lay out one hundred acres of land and people itt with one hundred tithables persons, that place shall enjoy the like liberty and priviledge.|| Number of Burgesses to a county, limited to
None to trade with the Indians but by commission.
|WHEREAS the frequent entercourse of diverse ill minded, idle, and unskillfull people with the Indians filleth the people with rumours, disturbs the peace of the country, supplyeth the Indians with guns and amunition and renders the trade (the chiefe support of our neighbours) and the government farr more dangerous then fruitfull; Bee itt therefore enacted that no person hereafter shall trade with the Indians for any bever, otter, or any other furres unlesse he first obteine a commission from the governor who is desyred to grant the same to none but persons of knowne integrity, And be it further enacted that every person hereafter tradeing without such commission first obteyned shall forfeit for the first offence five hundred pounds of tobaccoe for the second one thousand pounds of tobaccoe ffor the third offence fifteene hundred pounds of tobaccoe and forfeit besides all his tradeing goods.||No person to trade with the Indians without a
Regulation of commissioners.
|WHEREAS the great number of commissioners in each county hath rendered the place contemptible and raysed factions among themselves rather then preserved the peace of the people, Bee itt enacted that the commissioners in each county be restrained to the number of eight (of which the sherriffe to be one) being at present the eight first in each commission, unlesse some knowne defect or to neere relation to some other of the commission shall render them incapable And be itt further enacted that the sherriffes place shall after this yeare be conferred on the first in commission, and so devolve to every commissioner in course.|| Number of Magistrates in a county limited to
Office of sheriff to devolve on the magistrates in rotation, beginning with the eldest.
Apprehending of Runawayes.
|WHEREAS the pursuit and takeing of runawaies is hindred chiefly by the neglect of constables in making, search according to their warrants, Bee itt enacted that every constable shall make diligent search and inquiry through all his precinct, and what constable soever shall upon search apprehend such runaways shall receive from the master of the servant for his encouragement two hundred pounds of tobaccoe, and if any constable shall neglect he shall be fined three hundred and fifty pounds of tobaccoe and caske according to former act.|| Reward to Constables for apprehending
Penalty for neglect.
Act for five shillings per barrell on meat exported repealed.
|BEE it enacted that the order of the governor and councell imposeing five shillings on each barrell of privision exported be confirmed and continue in force until the end of July next and then to expire and after that the exportation to bee free.||Exportation of provisions to be free.|
Bills and Judgments how long pleadable.
|WHEREAS the nature of our trade in Virginia inforceth us to engage by bills, bonds, judgments and other writings for discharge of which in part or in whole the debtor is constreined to accept of receipts whereby the said bills bonds judgments and writing remaine still in the hands of the creditor and the receipts being oftentimes lost upon the death of the debtor or being alive and not able to prove paiment those debts are frequently unjustly demanded againe and recovered which had before beene justly paid and discharged for remedy whereof Bee itt enacted that noe bills or bonds be of force or recoverable five yeares after the date of the said bills nor any bills heretofore made five years after the date of this act as alsoe that noe judgment shall be of force seven yeares after the grant theretofore date of this act as aforesaid, But if the debtor shall depart the country and by that meanes render the renewing of the bill impossible such time of his absence shall not be esteemed any part of the five or seven yeares limited.||( See vol. 1 page 390, 483.|
Limitation of recovery on bills and bonds.
Writts for Burgesses how to be sent.
|WHEREAS no provision hath beene made for the certaine conveyance of publique writtes for the election of Burgesses whereby the delivery of the said writtes being retarded the sherriffe hath no time to conveene the people to make their elections nor make return of their writtes nor can the Burgesses appeare at the day, for the remedie whereof Bee itt enacted by this present grand assembly that the secretary provide for the conveyance of the writtes for Burgesses into every county, and to be delivered to the sherriffe thereof and for his paines be paid one hogsheade of tobaccoe weighing three hundred and fiftie pound by every county, and in case any neglect be proved against him that he be fined according to his offence att the discretion of the assembly.|| Secretary to send writs for election of
His allowance a hhd. of tobacco weighing 350 pounds, for each county.
Burgesses charge ascertained.
|WHEREAS, the excessive expences of the Burgesses causing diverse misunderstandings between them and the people occasioned an injunction to make an agreement with them before their election which may probably cause interested persons to purchase votes by offering to undertake the place at low rates and by that meanes make the place both mercenary and contemptible, Bee itt therefore enacted by this present grand assembly, that the allowance for their maintenance be ascertained to one hundred and fifty pounds of tobaccoe per day besides their charge in goeing and comeing.||Wages of Burgesses limited.|
Provision for the Fort dutys in Potomak.
|WHEREAS, there is an act of the last assembly provideing for the secureing the payment of the two shillings per hogshead due to the countrey But noe provision made therein for securing the payment of the fort dutyes, Potomak, Accomak, Linhaven and other places from whence they fetch their tobaccoe in sloopes, Bee itt enacted that the said act shall as well extend to cause the planters loadeing itt to reserve and make payment of three pence per hogshead for fort duties of the said tobaccoe as for the payment of the two shillings per hogshead.||Three pence per hhd. on tobacco, as fort duties.|
Subpoenas and evidences.
|WHEREAS, subpoenas frequently issue for the appearance of divers persons to give in their evidences as well at quarter as att county courts but noe sett penaltie expressed in the writte for default of appearances nor sett allowance for their charges in case they doe appeare, Bee itt enacted and confirmed, that all evidences shall be allowed for the time of their comeing and goeing to and from the court twenty pounde of tobaccoe per day and for the time they attend there untill they have given in their evidence forty pounde of tobaccoe per day, and that the penaltie of|| Allowance to witnesses for
Fines for non-attendance.
But three witnesses to
|non-appearance att the quarter courts be one thousand pounds of tobaccoe and att the county courtes three hundred and fiftye pounds of tobaccoe, bee it also enacted, that there shall not be allowed in any bill of costs the charge of above three wittnesses to one action.||an action, taxed in the bill of costs.|
Commissioners to raise a levy.
|WHEREAS, the necessary charge of the country doth enforce the raysing of an annuall levy which being commonly done by an assembly the charge of which doth most times equall itt* not exceede all the other taxes of the countrey, Bee itt therefore enacted that the governor and councell in September 1662 shall have power to raise and proportion a levy to defray the country debts and salaries allowed by the assembly, and such other debts also as they shall find justly and necessarily due according to the number of tithables, provided the whole amount not to more than twenty pounds of tobaccoe per poll and this act to continue for three yeares unlesse some urgent occasion present* in the meane time of calling an assembly and that the levy may be truly proportioned, Bee itt further enacted, that every clarke of a county court transmitt the certyficate of the number of tithables in his county to the secretaryes office in every September court.|| Governor and Council empowered to lay taxes
for three years.|
* So in the roll, M. S.
* So in M. S.
When clerks to return lists of tithables to the secretary.
January 30th to be kept fast.
|WHEREAS, our late surrender and submission to that execrable power that soe bloodyly massacred the late king Charles the first of ever blessed and glorious memory hath made us by acknowledging them guilty of their crimes to shew our serious and hearty repentance and detestation fo that barbarous act, Bee itt enacted, that the 30th of January the day the said king was beheaded be annually solemnized with fasting and prayers that our sorrowes may expiate our crime and our teares wash away our guilt.||The 30th of Jan. a holy-day, in commemoration of the death of Charles I.|
May 29th to be kept holy.
|SINCE God of his mercy hath been pleased to restore our late distracted kingdomes to peace and unity and his late distressed majesty to the throne of his royall ancestors, Bee itt enacted that in testimony of our thankfulnesse and joy the 29th of May the day of his majestie birth and happy restitution be annually celebrated as an holy day.||The 29th of May, a holy-day in commemoration of the restoration of Charles II.|
Provision for a colledge.
|WHEREAS the want of able & faithfull ministers in this country deprives us of these great blessings and mercies that allwaies attend upon the service of God which want by reason of our great distance from our native country cannot in probability be allwaies supplyed from thence, Bee itt enacted that for the advance of learning, education of youth, supply of the ministry and promotion of piety there be land taken upon purchases for a colledge and freeschoole and that there be with as much speede as may be convenient houseing erected thereon for entertainment of students and schollers.||Land to be taken, up and houses erected for a college.|
Vestry not to exceed twelve.
|FOR the more orderly manageing the parochiall affaires Bee itt enacted that noe vestry shall consist of more than twelve persons to be chosen by the major part of the parrish and that those soe elected shall take the oaths of allegiance and supremacy and subscribe to be conformable to the doctrine and discipline of the church of England, and if any person elected shall deny to take the said oaths or make such subscription he shall not be admitted.||Number of Vestry.|
Oaths and subscription.
English running away with negroes.
|BEE itt enacted That in case any English servant shall run away in company with any negroes who are incapable of makeing satisfaction by addition of time, Bee itt enacted that the English so running away in company with them shall serve for the time of the said negroes absence as they are to do for their owne by a former act.||English servants running away with negroes, how punished.|
The act for flax seed prolonged.
|SINCE flax seede cannot be procured to sowe in the time limited in the act provideing for the makeing of six pound of yarne per poll, Bee itt enacted that the time of putting the said act in execution be prolonged untill the first of march 1662 and that afterwards it be strictly observed.|| Quantity of flax per poll, to be
Chirurgeons accounts pleadable.
|WHEREAS by a former act of assembly no accompts are pleadable against dead mens estates whereby some scruples have been made about the accompts of physitians and Chyrurgeon cannot possibly take bills, Bee itt therefore enacted that physitians and chyrurgeons accompts shall be pleadable and recoverable for meanes adminstred and paines taken in the fitt of sicknesse whereof the patient dyes, and where the patient recovers six months after such recovery and noe longer.||Physicians and Surgeons accounts, how & when recoverable of decedents, estates.|
|WHEREAS by a former act of assembly clarkes of courtes were made uncapable of recovering their fees after they had beene two yeares due, Bee it enacted that the said act be repealed, and that all hereafter all sherriffes or collectors shall either receive, distreine for, or secure by bill all secretarye or clarkes of|| Limitation of recovery of clerk's
May be distrained for.
|courts accompts delivered them being allowed for their paines ten per cent for what is received and five per cent for what bills are taken and the sherriffe or other collector not receiving or secureing as aforesaid to be responsible for the accompt omitted Provided that they the said sherriffe or collectors shall not be lyable for the accompt of any person removeing out of the county before the laying the leavy unlesse they receive the leavyes or sherriffe fees and then to be accomptable for the clarkes fees alsoe Provided allsoe that the clarkes deliver or send their accompts attested under their hands to the said sherriffes or collectors within foure dayes after laying the levy in their severall countyes.||Commission.|
When sheriff liable.
when clerks tickets to be delivered.
Answers to be filed.
|FOR the better regulating the courts of justice in keeping the records & transferring their presidents to posterity and prevention of nonsuits upon mistakes of the grounds of orders, Bee itt enacted that as the plaintiffe files his declaration soe the defendant may put in his answer in writing and that the judgement if for the plaintiffe may be endorsed on the declaration if for the defendant on the answer, and all evidences concerning that cause to be fyled with them, and by the clarkes carefully preserved.||Pleas may be filed in writing.|
How judgments indorsed.
Administrators and Administrations to be recorded in the Secretary's office.
|FOR the better discovering of the estates of all dead persons probates and administrations being now usually granted in county courts by which meanes strangers that are either the creditors or kindred of the party deceased comeing in are either utterly disabled or very much troubled to find out the records in which the accompt of the estate is exhibited, Bee itt enacted that before the commission of administration be signed they be all transferred to the secretarie's office and there entred (vizt.) the name of the testator or deceased the executors or administrators and their security and the county and parrish wherein they dwell, and the||All administrations to be certified to, and recorded in the
In what manner
|court wherein the administration is granted, by which meanes fraud and concealements will bee avoyded and those to whom of right they appertaine easely informed where to find them.|
Certificates to be recorded in the Secretary's office.
|TO prevent the frequent suites ariseing betweene the masters of ships & the inhabitants of this countrey about persons exported (viz.) whether they have passed or noe & if passes whether obtained by certificate or security Bee itt enacted that noe passes be granted by the governour but such as have first the testimony of the secretarie or his officer that the certificate or bond be in his office recorded by which meanes caveats will become effectual and all differences prevented and that the secretary have the fee.||No pass to be granted by the Governor but on certificate filed in the secretary's office.|
Licenses and securityes ret. to the Secretary's office.
|WHEREAS the scarsity of ministers renders the legall publications of banes (att present) impossible and thereby necessitateth the more frequent granting of lysences which issueing only from the governor whose knowledge of persons cannot possibly extend over the whole country, that the first in commission of every county court shall (ex officio) signe the lycenses and take able and knowne security an in every September court the clarke remit the names of the persons married the security and tenor of the bonds to the secretarie's office there to be recorded, that the governor may have accompt of his fees (which the sherriffe with their leave shall collect) and the legal graunt of the lycenses be made evident.|| Eldest magistrate to sign marriage
Clerk of county court to certify marriages &c. annually to secretary's office.
Inquiry to be made after the 15lb. tobo. per poll.
|BEE it enacted that inquiry be made concerning the fifteene pounds of tobaccoe per pole which was to bee levyed yeerely, by act of assembly for the buildding and repayring of churches, the purchasing of glebe lands and raysing stock upon the same viz: whether the same hath beene levyed and disposed to those ends for which itt was designed by the said act of assembly.||(See vol. 1. pa. 400.)|
Agreement with Ministers.
|BEE itt enacted that the parrishes which are destitute of present incumbents or their respective vestries over all the counterey bee enjoyned forthwith to conveene and agree what maintenance they can and will allow unto ministers when they shall be supplyed with them and to testify there agreement therein by subscription to be conveyed unto such person or persons as the assembly shall appoint: which subscriptions to bee obligatory and pleadable in any court and that not only for a yeare but for as long as the minister shall agree with them, and that the agreements already made betwixt rector now resident and their severall parrishes may be confirmed by act or order of assembly for as long time as the present incumbent shall bee willing to continue in the said parrish.||Vestries to determine what allowance they will make to ministers.|
Readers to be appointed in vacant parrishes.
|BEE itt enacted that in all parrishes destitute of incumbents there may be for the present necessity readers appointed of sufficient abilities to reade the prayers and homilies of the church (where they can be procured) and to catechise children and servants according to that excellent forme presenting the church of England as hath beene used in the times of queene Elizabeth when there was a scarcity of orthodoxe reformed ministers to supply the congregations and that|| Readers in vacant parishes, how
|those readers bee chosen by the advice, and with the approbation of the next adjacent ministers.|
Parishes to provide church ornaments.
|BEE itt enacted that the parrishes be enjoyned to provide att their one cost a great church bible and two bookes of common prayer in folio for the minister and clarke according to the act of parliament before the common prayer booke; as also communion plate, pulpitt cloth and cushion that all things may be done orderly and decently in the church.||What ornaments to be provided for the churches.|
Encouragement for ministers.
|BEE itt ordered that the encouragement of ministers to come into the countrey and there better accomodation when come there be glebes provided for every parrishe (according the king's instruction for seating this countrey) with convenient houseing and stockes upon the same: and that such parrishes which by reason of the paucity of tithable persons are not able to afford a competent maintenance for the ministers, bee united and annexed unto the next adjacent parrish or parishes, which are of more abilitye and greater neighbor.||Glebes to be provided for ministers, with houses and stocks.|
A petition in behalf of the Church.
|BEE itt enacted that there bee a petition drawn up by this grand assembly to the king's most excellent majestie for his letters pattents to collect and gather the charity of well disposed people in England for the erecting of colledges and schooles in this countrye||A petition to the king to promote colleges, and schools, also for providing ministers.|
|and alsoe for his majesties letters to both universities of Oxford and Cambridge to furnish the church here with ministers for the present and this petition to be recommended to the right honorable governor Sir William Berkeley|
Quitrents how to be paid.
|WHEREAS his majestie hath by his commission appointed a treasurer to receive the quitrents and other fees and profitts due to his majestie and the payment of quitrents being due in money which we, being destitute of coine, cannot procure, Bee itt enacted that those persons that cannot procure money shall pay their said rents in tobaccoe at two pence per pound to such collector or collectors as by his majestie's treasurer shall be appointed and that the countrey paying their rents double the two next yeares shall be acquitted from all arreares by assent of the honorable Sir William Berkeley who is authorised by the treasurer to make compositions.|| Quit-rents payable in tobacco at 2d per
Arrears how compounded for.
A publique committee appointed.
|WHEREAS the addresses to his most sacred majesty cannot conveniently be finished at present and whereas there is a necessity of a committee to meete in September to joine with the governor and councill for the proportioning the levy receiving the missives from England and returning answers unlesse the case requires the meeting of the assembly Bee itt enacted that Mr. Henry Soane speaker of this present assembly Nathaniell Bacon esq. Coll. Miles Cary, Major Nicholas Hill, Capt. Robert Ellyson, Capt. George Jordan, Mr. Walter Chiles or any four of them be empowered by this assembly to receive the commands of the right honorable Sir William Berkeley and to act||A committee appointed, to act in the recess of the assembly.|
|in the premises according as occasion shall require at such time as the governor shall appoint.|
Ten persons to Counsellors.
|WHEREAS the present necessityes of the countrey and the urgent occasions of disbursement enforce the restraint of some publique allowances and especially hopeing that his gracious majestie will now please to prescribe a way for the maintenance of his councell, Bee itt enacted that the act or order granting them two thousand pounds of tobaccoe each be repealed and they have only the allowance of ten persons and themselves to be exempted from the levys as in his majestie time was allwaies accustomed.||Act for allowance to councillors repealed: but ten of their family exempted from taxes.|
|WHEREAS the restraining the time of planting to the last of June may besides other conveniences produce as well the improvement of the price as the amendment of the quality of tobacco Bee itt enacted that none plant or replant any tobacco after the said last of June under penalty of ten thousand pounds of tobacco to be forfeited by the breaker thereof one halfe to the publique the other halfe to the informer, Provided that if Maryland joyne not with us in observation of this act (whereof notice to be given tot he severall counties by the last of May) then this to be null and the former act for the tenth of July to stand in force.|| No tobacco to be planted after the last of
Proviso, that Maryland accedes.
|BEE itt enacted that the act for Mulberry trees be revived.||(See vol 1, p. 126, 420, 481, 520.|
| BEE it enacted that this assembly be adjourned until
the twenty third of March next |
|HENRY SOANE Speaker.|
HELD ATT JAMES CITTIE IN VIRGINIA THE 23RD OF
MARCH1660-1* THESE ORDERS FFOLLOWING
WERE MADE IN THE GOVERNMENT OF
The Right Hon. Sir Wm. BERKELEY his Majesties Governour.
Mr HENRY SOANES Speaker.
|This MS. is now in the library of Congress at Washington.|
|ORDERED That Martin Baker high sherriff of New Kent for his vndue proceeding in the election of the Burgesses of the said county, to the end it may serve as an example to make others more carefull in the due execution of their places be fined five hundred pounds of tobaccoe and pay costs.||Martin Baker sheriff of New-Kent fined, for his conduct relating to the election of Burgesses.|
| * The date of these orders
agrees precisely, in the manuscript, with the acts of the last session, "23d of March
1660:" but they were certainly passed at an assembly held on the 23d of March 1660-1.
−−− This appears 1st from the circumstance of their being placed after the acts
of October 1660, and their referring to them; 2ndly from the fact that, in the orders of this
assembly, an order of the quarter court of "the 27th of March 1661" is referred to (see post page
35). It will be recollected that until the year 1752, the new year was annexed to the old between
the first of January and 25th of March; thus January, February, and until the 25th of March
1660-1; but after the 25th of March the new year was alone used, as March 26th 1661. These dates
were however, often confounded. See vol. 1, pa. 494.|
This assembly commencing their session on the 23d of March 1660-1, might well take notice of an order of the quarter court of the same month, and call it the "27th of March 1661." For at that time, the new year had commenced, and the date was properly
[This note concludes on the next page.]
|UPON the petition of Harquip the Mangai of the Chickahomini Indians to have all the lands from Mr. Malorys bounds to the head of Mattaponi river & into the woods to the Pamaunkes It is accordingly ordered that the said land be confirmed to the said Indians by pattent, and that no Englishman shall upon any pretence disturbe them in their said bounds nor purchase it of them unles the major part of the great men shall freely and voluntarily declare their consent in the quarter court or assembly.|| Lands of Chickahominy Indians
No purchases to be made of them but by consent of the quarter court, or assembly.
|WHEREAS Mr. Phillip Mallory hath been eminently faithfull in the ministry and very diligent in endeavouring the advancement of all those meanes that might conduce to the advancement of religion in this country, It is ordered that he be desired to undertake the soliciting our church affaires in England, & that there be paid him as a gratuity for the many paines he hath allreadie and hereafter is like to take about the countreys buisness the sume of eleaven thousand pounds of tobacco, to be paid in the next levy.||Philip Malory sent to England, to solicit the cause of the church.|
|ORDERED That Collonel Francis Morrison and Henry Randolph clerke of the assembly review all the acts, peruse the records, give dates to the severall acts, from the first time of their being in force and present a draught of them with such alterations & amendments as they shall find necessary to the next assembly, and that there be paid them for their paines ffifteen thousand pounds of tobacco out of the next levy.|
Committee appointed to revise the laws.
|WHEREAS Nicholas Boot had his denization granted him by the assembly in March 1658, and hath now petitioned that the same may bee renewed in his majesties name, It is accordingly ordered that he shall have his pattent renewed provided he take the oaths of alleagiance and supremacy.||Denization renewed in the name of the king.|
|[This note began on the previous page and concludes
1661. But had this been a session of March 1660, it would have been impossible for the assembly to have referred to a proceeding in the quarter court of March 1661.
From the date, and the names of the Governor and Speaker, there can be no doubt but the following orders passed at the same session with the preceding acts of March 23d 1660-1. They are what would no be termed resolutions and chiefly relate to subjects of a private and local nature. But many of them throw considerable light on the history of the period when they passed.
|WHEREAS a certaine grant hath been made to the Chickahomini Indians of certaine lands in which tract major Gennerall Manwaring Hamond claimeth a devident of two thousand acres granted him by pattent, It is ordered, that the said Major Gennerall Hamond be desired to purchase the same of the Indians or to procure their consent for the preservation of the countreys honour and reputation.||Certain lands within the bounds of the Chickahominy Indians, to be purchased by the claimant.|
|WHEREAS there hath been a gennerall complaint made by master of shipps that wee had neither pilotte nor beacons to direct them in their bringing their shipps upwards It is ordered that capt. William Oewin bee made cheife pilott of James river and that for his encouragement therein he shall be paid for the pilottage of all vessels above eighty tunnes ffive pounds sterling if he be employed and if not employed fourty shillings And every master of a shipp or vessel that shall anchor within Point Comfort having or not haveing a pilott to pay thirty shillings to the said pilott for beaconage, And it is further ordered that the said pilott shall make place and maintaine good and sufficient beacons in all necessary places from Willoughbies Shole including the whole Shole to James Cittie, And all such beacons afterwards lost, removed or wanting repaire to be renewed or repaired within fifteen days by the said pilott.||Pilot appointed.|
Rates of pilotage
Pilot to provide beacons.
|ORDERED That the order of the quarter court of the 27th of March 1661 prohibiting Roger Partridge and Elizabeth his wife to keep any maid servant for the tearme of three yeares be by this assembly ratified and confirmed.||Order of quarter court of 27th March 1661 confirmed.|
|WHEREAS a proposition relating to the prevention of servants and other idlers running away in troops by a pursuit made at the charge of the county, hath referrence chiefly to the county of Glocester It is ordered that the said county court have power for that county to make such lawes as shall be from time to time found necessary and convenient for prevention pursuit or recovering of any such runawayes.||County of Gloucester, authorized to make laws concerning runaway servants.|
|UPON examination of the difference betweene Coll. Fantleroy and the Indians it appearing that Coll Fantleroy had a conveyance of the said land from the Indians and had given them some recompence though not full satisfaction for the same, and it being manifest that the Indians are no way capable of making him satisfaction for his building and cleering It is ordered by this grand assembly that the said land shall remain and bee confirmed to the Coll. ffantleroy and his heires forever, he paying unto Mr. Mathew Kempe for the use of those Indians thirty Matchcoats of two yards a peice whereof one to the king hansomely trimed with copper lace.||Payment to Indians for their lands in matchcoats.|
|WHEREAS Mr. John Harlowe hath had two judgements (whereof on by a verdict of a jury) past against him for planting tobaccoe after the day appointed by the act, and the said Harlowe pleading his sacred majesties pardon, the house conceiving his majesties pardon not to extend to any business of that nature, have yet in consideration of the small quantity of tobaccoe soe planted thought him a fitt object for their clemency and therefore remitted that part of the fine that belongs to the publique and left him to make his composition with the informer either for present satisfaction or for good security to pay him next crop.||The king's pardon held not to extend to a penalty for planting tobacco contrary to law.|
|WHEREAS Mrs. Phoebe Smith administratrix of Lieutenant Coll. Toby Smith hath by pretence of a bond found invalid both because the deed was not recorded but chiefly in regard the condition is for articles not here expressed deteyned the said estate from her husbands creditors, but haveing by her illegall proceedings therein as appraiseing the estate without swearing appraisers and haveing made such wast as a writt of devastavit may justly ly against her It is ordered that she pay unto John Whitty ffour thousand eight hundred ffourty one pounds of tobaccoe, and in money, for soe much found due to the said Whitty from her said husband Toby Smith, and in case that neither the estate of the said Liut. Coll. Smith, nor the proper estate of the said Phoebe Smith will satisfie|| Judgment against an administratrix for a
1. against the intestate's and her own proper estate;
2. against the security.
3. against the court if the security be insufficient.
|the premises, then capt. Whitty to take his remedie against the security for her administration And in case of noe security then to take his remedie against the commissioners who granted her that commission.|
|FOR the supply of an able and orthodox Ministry in such parishes of Virginia which are destitute of ministers, It is ordered by this present Grand Assembly that the vestryes of the severall parishes soe destitute doe subscribe and procure from the severall other inhabitants such subscriptions as they shall be willing to make towards the support and maintenance of such ministers in their severall parishes.||Vestries to procure subscriptions for the support of the ministry.|
|WHEREAS for the advancement of learning, promoteing piety & provision of an able & successive ministry in this country, it hath been thought fitt that a colledge of students of the liberall arts and sciences be erected and maintayned In pursuance whereof the right honourable his majesties governour, council of state, and burgesses of the present grand assembly have severally subscribed severall considerable sumes of money and quantityes of tobacco (out of their charity and devotion) to be paid to the honourable Grand Assembly or such treasurer or treasurers as they shall now or their successors hereafter at any time appoint upon demand after a place is provided and built upon for that intent and purpose, It is ordered that the commissioners of the severall county courts do att the next followinge court in their severall countys subscribe such sumes of money & tobaccoe towards the furthering and promoteing the said persons and necessary worke to be paid by them or their heires, as they shall think fitt, and that they alsoe take the subscriptions of such other persons at their said courts who shall be willing to contribute towards the same And that after such subscriptions taken they send orders to the vestryes of the severall parishes in their severall countys for the subscriptions of such inhabitants and others who have not already subscribed and that same be returned to Francis Morrison Esquire.||Provision for a college.|
Commissioners of county courts to receive subscriptions.
|WHEREAS the present grand assembly takeing into serious consideration the great charge brought yearly upon the country and the severall inhabitants by want of a State house for the Right Honourable the Governour and councell to keep courts and future Grand Assemblies to meet in and consult of the weighty affaires of the country have thought fitt that a State house be erected & built & that the same will be less burthensom by a free and charitable subscription then by a generall leavie, In pursuance whereof the right honourable governour councill and burgesses of this present grand assembly have voluntarily subscribed severall considerable summes and quantities of money and tobacco to be paid by them or their heires at the next crop to such person or persons as shall be appointed It is ordered that the commissioners fo the severall county courts subscribe and take such subscriptions as shall be willingly made and that the said several courts sen orders to the severall vestreys for the like subscriptions from the other inhabitants which subscriptions to be delivered by the said vestreys to the clarkes of the severall county courts, who are to returne them to the next quarter court.|
Provision for a state house.
Commissioners of county courts to receive subscriptions.
|WHEREAS the late assembly ordered that Coll. Edmund Scarbrough in case he made eight hundred bushel of salt should receive from the countrey as an encouragement tenne thousand pounds of tobaccoe, and he being now like to bring the same to perfection and to make up his quantity, It is ordered that the tobaccoe promised him shall be raised in the next leavye and in case he performe the condition to be paid him, if not to be disposed of for some other publique use.||Encouragement for making salt.|
|WHEREAS Mr. Henry Soane Speaker of this assembly hath faithfully performed the great trust imposed on him, and by that done singular service to the countrey, It is ordered that he be paid out of the leavie six thousand pounds of tobacco as a testimony of the countreys acceptance of his paines and their gratuity.||Compensation to the speaker.|
| ORDERED, That Coll. William Claiborne by order upon oath deliver up
all the records belonging to the secretaries-office unto Mr. Thomas Ludwell appointed secretarie
by comysion from his sacred majestie.
||Secretary appointed by the king, to whom the papers of the secretary's office to be delivered.|
|WHEREAS a complaint hath been exhibited to this assembly of the factious and schismaticall demeanors of Major John Bond, and the same proved by severall testimonies, It is ordered that as he hath shewed himselfe unfit to be continued a magistrate, soe he shall from henceforth be made uncapable of any publique trust or employment.||Major John Bond displaced and rendered incapable of holding any office.|
|CONSIDERING the great use and benefit the countrey may enjoy from the Chesskoiack Indians being kindly used by us, and being sensible that with the few gunns they have amongst them they cannot prejudice us being a small inconsiderable nation, It is ordered by the present Grand Assembly to shew other Indians how kind wee are to such who are obedient to our laws that the said Chiskoiack Indians quietly hold and enjoy the land they are now seated upon, and have the free use of the gunns they now have, any act or order of assembly to the contrary notwithstanding.||Land of the Chesskoiack Indians confirmed, and they to have the use of guns.|
|HARQUIP Mangoi of the Chickahomini Indians in behalfe of himself and the other Indians the fourth day of April 1661 did acknowledge before the grand assembly the sale of a parcell of land from the cliffes to the little creek to Mr. Phillip Mallory being formerly surveighed by Lt. Coll. Abrahall and James Cole conteining seaven hundred forty three acres according to a survey of the same made for the said Mr. Mallory by George Morris the twentieth of June last.||Sale of land of the Chickahominy Indians confirmed.|
|ORDERED, That Nicholas Perry be for the present released out of prison, and that he shall not be further prosecuted until wee have notice from the governour out of England next yeare whether a person in condition of a lunatick be suable or no.||A lunatic released from prison, and process suspended, till advice from England whether he be suable.|
|Pages i-viii & 9-16||Pages 41-57|