Pages 78-102 ======   ====== Pages 124-148




Surveyors for highways. Edit. 1733 and 1752.
      WHEREAS through the frequent alterations of the highwayes by falling of trees over them, and the many times taking them into ffenced plantations to the greate hindrance of travellers and traders: Be it therefore enacted that the justices doe yearely n October court appoint surveyors of the highwayes who shall first lay out the most convenient wayes to the church, to the court, to James Towne, and from county to county, and make the said wayes forty foote broad, and make bridges where there is occasion, and the wayes being once thus layed out, and the bridges made they shall cause the said wayes to be kept cleere from loggs, and the bridges in good repaire that all his majesties subjects may have free and safe passage about their occasions; and to effect the same, the vestryes of every parish are upon the desires of the surveyors hereby enjoyned and impowered to order the parishoners every one according to the number of tithables he hath in his family, to send men upon the dayes by the surveighors appointed to helpe them in cleering the wayes, and making or reparing the bridges according to the intent and purpose of this act, and if any court shall omitt the appointing surveyors, or they neglect the executing their office, or the vestry to order the worke, or any person to send helpe according to the said vestryes order, the said court, surveighor, vestry or person, shalbe amerced five hundred pounds of tobacco to the use of the county. And if any person shall contrary to this act fall trees upon the highwayes and not cleere the same, or inclose any parte of the said highwayes within any ffence, the grand jury shall present the same as a comon nuisance, and the inclosure shalbe thrown open, and the offender be fined one thousand pounds of tobacco to the use of the county; and if any countyes have creeke or swampe, lymitting the bounds betweene the said counties, It is enacted that both county's bounding upon such passage shall contribute to the makeing of the bridge or the way over itt. Purvis 61.
{See vol. 1, p. 436.)
Surveyors of highways to be appointed annually.
Where & how to lay out roads & make bridges & keep them in repair.

Vestries to order out laborers in proportion to the tithables.
Pen'ty on cts. for neglect in appoint'g surveyors, and on surveyors for negl. of duty.

Persons fall'g trees on the highway or inclosing it with a fence, to be presented by the grand jury as for a com'n nuisance; the nus'ce abated and the offender fined.
Where a cr'k swamp the dividing line between 2 counties, both to contribute towards bridges over them.




Tobaccoe when to be demanded. Edit 1733 and 1752.
      WHEREAS severall creditors for severall by respects (a) neglect the demanding the tobacco due to them in due time, by that meanes inforceing the debtor to inconveniences both of not disposing of his tobacco, and yet not paying his debts to the greate damage and prejudice of the said debtor. Bee it therefore enacted that every person or persons not demanding his or their debts betweene the tenth of October and the last of January shall not sue or implead any person or persons indebted to him or them for present payment, but it shalbe lawfull for any person owing tobacco to dispose of the same for his owne use after the said last of January, if it have not beene demanded according to the tenor of this act and noe execution to issue for a tobacco debt but against the person who shall have liberty to free himselfe by putting in security to pay the debt the following crop, Provided alwayes that it shalbe lawfull for the creditor to sue or implead his debtor for security for his debt against the next yeare, any thing in this act to the contrary notwithstanding.

Purvis 62.
(See vol, I, p. 489.)


Cr's not demanding their tobacco debts, between the 10th of Octo. & last of Jan. shall not sue for pres't payment, but execution shall issue against the person of the debtor only, who may relieve hims'f by giving sec'ty to pay next crop; Provided, that the creditor may sue his debtor for security.
Judgments and specialties how long pleadable. Edit 1733 and 1752.
      WHEREAS the nature of our trade in Virginia inforceth us to ingage by bills, bonds and other writings for discharge of which in parte or in whole the debtor is often constrayned to accept of receipts, the said bills, bonds, judgments and other writings remayning still in the hands of the creditor and the receipts being often times lost the debtor and espetially the executors and administrators of a person deceased, not being able to prove payment, these debts are frequently demanded and unjustly recovered, which before had bin justly paid and discharged; for remedy Purvis 62.
[See vol. I, p. 390, 483-4, and ante pa. 22.]

No bills or bonds recoverable after five years.

Various Readings
      (a) The term 'by respects,' in our ancient laws means 'private interest,' 'private advantage.'




whereof, Be it enacted that noe bills or bonds be of force or recoverable five years after the date of the said bills or bonds, nor any bills or bonds heretofore made five years after the date of his act; as also that noe judgment shalbe of force seven yeares after the grant thereof, or after the date of this act as aforesaid; but if the debtor shall departe the country and leave noe attorney to answer for him, or any other way conceale or privily remove himselfe into any parte of the country, and by that meanes render the renewing the bill impossible, such time of his abcence or concealment shall not be accompted any parte of the five or seven yeares lymitted. No judgments after 7 years.
Dr. departing the country or concealing or privately removing himself, the limitation not to run.


Attorneys for business out of England. Edit. 1733 and 1752.
      WHEREAS many persons in this country entertayne as attorneys many troublesome businesses out of England and other places where justly there is noe occasion for such molestation, and yett the parties molested are left destitute of releife by reason the said disturbers have noe estate in this country to satisfye damages they are condemned in, Bee it therefore enacted that noe attorney by any power out of England or elsewhere shall sue or implead any person of this colony without giving first good security that he the said attorney shall pay all such costs and damages as the court shall award against him where the law shall find that he the said attorney, hath by that power unjustly molested the defendant. Purvis 63.
[See vol. 1. p. 522.]

Security for costs to be given by non-resident pltfs.

Burgesses. Edit. 1733 and 1752.
      WHEREAS noe provision hath bin made for the certaine conveyance of publique writts for the election of burgesses, whereby the delivery of the said writts being retarded, and the sherriffe hath noe time to give notice to the people according to law, nor make a timely retorne of the writts nor can the burgesses appeare at the dayes, ffor remedy whereof, be it enacted by this present grand assembly that the secretary provide Purvis 63.
[See ant p. 22]

Sec'ry to send writs for election of burgesses.




for the timely conveyance of the writts into every county to be delivered to the sherriffe thereof, and for his paynes to be paid one hogshead of tobacco weighing three hundred and ffifty pounds for every county, and in case any neglect be proved against him that he be fined for such neglect at the discretion of the assembly: always, provided he hath the writts signed fforty days before the day of the retorne. His allowance viz. a hhd. of tobac. weigh'g 350 for each county.

Writs, when to be signed.

Burgesses assertained. Edit. 1733 and 1752.
      WHEREAS the charge of assemblyes is much augmented by the greate number of burgesses unnecessaryly chosen by severall parishes, Be it enacted that hereafter noe county shall send above two burgesses who shalbe elected at those places in each county, where the county courts are usually kept; provided always 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 tithable persons, that place shall enjoy the like priviledge.

Purvis 64.
[See vol. 1, p. 399.]
Num. of burgesses to a county limited to two.
      (Ante p 20)
Js Cit. to elect one, & every co'ty that will lay out 100 acres of land & people it with 100 tithables entitled to the same privilege.
Burgesses charges assertayned. Edit 1733 and 1752.
      WHEREAS the immoderate expences of the burgesses causing diverse heart burnings betweene them and the people occasioned an injunction to make agreement for the allowance before the election which may hereafter probably induce interested person to purchase votes by offering to serve at low rates, by which meanes the candour and ffreedome which should be in the choice of persons credited with soe honorable and greate a trust might be very much prejudiced and that place itselfe become mercenary and contemptable, Bee it therefore enacted that the maintenance of every burgesse shalbe one hundred and fifty pounds of tobacco and caske per day, besides the necessary charge of goeing to the assembly and retorning. Purvis 64.
(See an. p 23)

Wages of burgesses.




Burgesses to appear upon the day. Edit. 1733 and 1752.
      WHEREAS many inconveniencyes happen by the not appearing of burgesses upon the precise day of the retorne of the writt as leaving the buisines of greatest importance, the prudent choise of a speaker to a small party that ffirst appeares, upon which diverse animosities may arise in some that dislike the election, to the greate detriment of the publique affaires, which by this meanes are retarded, and the charge of those counties whose burgesses first appeare increased; Bee it therefore enacted that what burgesses soever shall fayle in making his appearance and attending the assembly precisely upon the day of the retorne of the writt shalbe fined for every days absence after itt three hundred pounds of tobacco to be disposed of by the assembly unles he be obstructed by some such impedement as the house shall judge might be a lawfull and reasonable cause to hinder his comeing. Purvis 65.

Pen'ty on burgesses for not appearing on the day of the return of the writ.

How excused.

Burgesses not to be arrested. Edit. 1733 and 1752.
      FOR the despatch and reputation of the publique buisinesse, Bee itt enacted that none of the burgesses of any assembly nor any of their attendance shalbe arrested from the time of their election, untill tenn days after the desolution of the assembly wherein he serves as a burgesse, Provided that if the assembly be adjourned for above a month the severall burgesses shall ten days after that session be lyable to arrests and other processes, and if in the intervall of sessions they be arrested and prosecuted to execution and that served the execution shalbe suspended ten days before the next session of that assembly, and continue soe untill ten days after itt, at which tyme the priviledge of a burgesse doth cease and determine. Purvis 65.
[See vol. I, index titl 'Burgesses.']
Burg'ses how long privil'g'd from arrests.

Ex'on against, when suspended.




Noe order to contradict an act. Edit. 1733 and 1752.
      BEE it enacted and confirmed that noe act of court or proclamation shall upon any pretence whatsoever enjoyne obedience thereunto contrary to any act of assembly untill the reversall of that act by a succeed- assembly

Purvis 66.
[See vol. I, p. 264, 447.]
No order of court or proclamation to contravene a law.
Assemblyes to inquire into the breach of lawes. Edit. 1733 and 1752.
      WHEREAS severall lawes have bin by diverse assemblyes made for the good of this country which for want of due observation have not produced those desired effects, and whereas it is by this assembly enacted that the grand jury, of inquests should twice annually make presentment of the breach of all penall lawes, and that the assembly should dispose of the ffine levyed upon the several offenders for the use of those counties wherein they accrewed due, Bee it enacted that for the future the ffirst day of every succeeding assembly, shalbe imployed in receiving the said presentments of the grand jury, and inquire into the remisnesse of juries and courts and how the lawes have bin put in execution, and disposing the ffines, that by that meanes the lawes may be restored to their due vigour and offenders be deterred from neglect and contempt when they shall find a severe accompt of their observations is soe diligently enquired into. Purvis 66.

The 1st day of every assembly to be devoted to the receiving of presentments of grand juries & enquiring into the execution of the laws.

Publique letters how to be conveyed. Edit 1733 and 1752.
      WHEREAS the remotenesse of diverse places in the country from James Citty and the necessity of communicating diverse businesses to the utmost lymitts of itt, would (if messengers were purposely prest) put the country to an annual great expense for prevention whereof, Be it enacted that all letters superscribed for the service of his majesty or publique shall be imediately conveyed from plantation to plantation Purvis 67.
[See vol. I, p. 436.)

Public letters to be convey'd from plantation to plantation.




to the place and person they are directed to, under the penalty of three hundred and fifty pounds of tobacco to each defaulter, and if any person be put thereby to any extraordinary charge, the court of each county is hereby authorised to judge thereof, and to levy payment for the same, the superscription being signed by the governor, some one of the councell, or a justice in quorum, or the colonel, lieutenant colonel, or the major of a regiment; and where there is any person in the family where the said letters come, as can write, such person is required to endorse the day and howere he received them, that the neglect or contempt of any person stopping them, may be the better knowne and punished accordingly. Pen'ty for neglect.
Extraordinary expenses to be defrayed by the counties.
by whom superscription to be signed.
Time of receiving them in each family to be indorsed if any of the members can write.

Divulgers of false news. Pur. 67 and Ed. 1733 1752 and 1769.
      WHEREAS many idle and busy headed people doe forge and divulge false rumors and reports to the greate disturbance of the peace and quiett of his majesties leige persons in this colony, Be it enacted that what person or persons soever shall forge and divulge any such false reports tending to the trouble of the country shalbe by the next justice of the peace sent for, and bound over to the next county court, where if he produce not his author, he shalbe fined two thousand pounds of tobacco (or less) if the court thinks fitt to lessen itt, and besides give bond for his behavior if it appeares to the court that he did maliciously publish it or invent itt. [See vol. 1, p. 434.]
Divulgers of false reports, to the trouble of the country to be fined not exceed'g 2000 lb of tobacco and bound to good behavior.
Chirurgions accounts regulated. Edit 1733 and 1752.
      WHEREAS the excessive and immoderate prices exacted by diverse avaritious and gripeing practitioners in phisick and chirurgery hath caused several hardhearted masters swayed by profitable rather then charitable respects, rather to expose a sick servant to a hazard of recovery, than put themselves to the certaine charge of a rigorous though unskilled phisician, Purvis 68.
[See vol. 1, p. 316, 450.]
Physicians & surgeons, how compelled to declare on oath the value of their drugs & medicines.




whose demands for the most part exceed the purchase of the patient, many other poore people also being forced to give themselves over to a lingring disease, rather then ruine themselves by endeavouring to procure an uncertaine remedy, for redrese thereof for the future, Be it enacted that it shalbe lawfull for any person or persons conceiving the accompt of the phisition or chirurgion unreasonable to arrest the said phisician or chirurgion to the generall or county court where the said phisition or chirurgion shall declare upon his oath the true value, cost, and quantity of the drugs administred, for which the court shall grant order against the plaintiff with fifty percent advance, and such consideration for his care, visitts and attendance as they shall judge he hath deserved, and if it shall appeare by evidence that the said phisitian or chirurgion hath neglected his patient while he was under cure, the court shall censure him to pay soe much as they in their discretion shall think reasonable. Court may allow 50 p cent. advance.

Pen'ty on physicians & surgeons for neglect of their patients.


Chirurgions accounts pleadable after decease of the party. Edit 1733 and 175s.
Purvis 69.
      WHEREAS by act of many assemblyes noe accounts are pleadable against dead mens estates, whereby many scruples have bin made about the accounts of phisitians and chirurgions who cannot possibly take bill, Bee it therefore enacted that phisitians and chirurgions accounts shalbe pleadable and recoverable for meanes administered and paines taken in the ffitt of sicknes whereof the patient dyes, and where the patient recovers six months after such recovery and noe longer. (See an. p. 29)

Physicians & surgeons accounts, how & when recoverable of decendent's estates.

Discounts to be made in courts. Edit. 1733 and 1752.
      BEE it enacted for the avoyding many causelesse suites in law that where any suite shalbe commenced in any court for a debt, that if the defendant have either bill, bond or accompt of the plaintiffs [See vol. 1, p. 296, 314, 449.]
Disc'ts & set-offs, how allowed in court.




wherein he proves the plaintiff debtor such debt of the plaintiffs shalbe discounted out of the debt he claymeth of the defendant, and judgment shalbe given for noe more than the ballance of the debt will amount to, consideration being always made of the times their severall debts have bin due, and accordingly allowance made for the time; and because it many times happens that the defendants in such cases doe procure bill or accounts of the plaintiffs from other men, when perhaps he can discount with those to whome he passed such spetialty or accompt, It is therefore enacted that noe bill or accompt being assigned over shall by the assignee be pleadable against the debtors in such bill or accompt unless the assignee can prove, that he gave the debtor notice before his acceptance of the assignment and that the debtor at the time pretended to noe discount against itt. Defendant not to procure an assignment of a bill or acc't of the plft. so as to set it off, without notice to the pltf.

Accounts against dead mens estates. Edit. 1733 and 1752.
      WHEREAS too sad experience hath shewed that accounts against the estates of persons deceased have often unjustly devowred the estates, and brought their wives and children to poverty and ruine; and whereas as well the laws of England as of this country permit not any thing to be pleadable against any person that cannot wage his law which executors and administrators are utterly incapable of, Bee it therefore enacted that noe booke debts or accompts shalbe henceforth pleadable, in any court of justice in this country, against a dead mans estate, nor yet against any liveing *unles the said accompt by subscription or spetialty under the hand of the debtor be acknowledged and proved, nor shall accompts be pleadable against any person though liveing,* if the said person shall upon his oath deny the same to be due, unles they be such accompts as by particular acts of assembly, as officers Purvis 70.
[See vol. 1, p. 301-2, 485-6.]

No open acc'ts recoverable against a dead man's estate.
Nor against a person living, if the dr. denies the acc't upon oath.
Except offi'rs fees, levies, & surgeons' accounts.

Various Readings
      * The lines between the two asterisks *−−*, from the word 'unles' to the word 'liveing,'                   in Purvis, but they are inserted in Northumberland MS.




fees, levyes, chirurgions accompts are pleadable; neither shall any man bee putt to his oath upon an ordinary keepers accompt, but the said ordinary keeper shall take the hand of any person (calling for any drink or provision) to his booke or else his bill, or otherwise his debt shall not be pleadable.
Debts due ordinary keepers, how authenticated.

Ballancing accounts of deceased persons. Edit. 1723 and 1752.
      AND whereas diverse men being indebted to others upon accompt may be induced to deliver goods to them or their assignes in ballance yet take noe receipt, which accompt upon the death of either party may be brought by his executors or administrators against the survivor, of which he cannot upon oath deny the receipt, yet that accompt though justly balanced before, is often recovered by this act prohibiting accompts against dead mens estates, yet leaving liberty to their executors or administrators to sue for any accompt due to the estate of the person deceased, Bee it therefore enacted that accompts against dead mens estates being suffitiently proved shalbe admitted in discount of an accompt due to such dead mans estate, but if the accompt brought against the estate exceed that due to the estate, the survivor for the overplus shalbe dismissed without day; Provided also that where the party charged as debtor to any one shall refuse upon his oath to deny the accompt brought against him (except an ordinary keeper, which is impossible to keep in memory, or any part thereof,) the court shall take the accompt to be due as by confession and shall give judgment for soe much thereof as he shall not deny as aforesaid. Purvis 70.

Acct's against dead mens' estates, to be admit'd in discount as far as to balance the acc't claimed by the ex'or or adm'or of the decedant.
If a debtor refuse to deny an acc't upon oath, (except an ordinary-keepers's) the court shall give judgm't as upon confession.
[See vol. 1, p. 486.]

Ordinary keepers how to sell. Edit 1733 and 1752.
      WHEREAS continual complaints are made of the exactyon of ordinary keepers and others in the rates and measures of strong drinke by them retayled Purvis 71
[See vol. 1, index tit. 'Ordinaries.]




and sold, Be it enacted that noe person after the ffirst of March 1663 shall sell or vend by retayle any wine, beere or other strong drinke of what sort soever by any measures but English sealed measures of pints, quarts, pottles, or gallons, and that every one that now doth or hereafter shall keep any ordinary shall by the said ffirst of March 1663 provide such measures to sell by in his house; and in case he faile to be put downe from keeping any ordinary, and fined five thousand pounds of tobacco to the use of the publique, Provided alwayes that it shalbe lawfull for them to sell strong waters comeing over in cases by the bottle in the same bottles they bought them. Ordinary-keepers to sell by eng. measure.


      ffor preventing many disorders and riotts in ordinaryes and other places where drinke is retayled; Be it enacted that noe person or persons whatsoever shall in their houses retayle any drinke but such as shall obtayne a lycence from the commissioners of the county where he lives, signed by the first in commission of the court, by giveing bond according to the lawes of England, and further oblieging himselfe to sell at the rates sett by the commissioners and to pay annually to the use of the governor three hundred and fifty pounds of tobacco and caske for his lycence. None to retail drink without a license.
To tell at rates fixed by commissioners.
License, how obtained.

Servants how long to serve. Edit 1733 and 1752.
      WHEREAS the 13th act 1659 doth enact that all persons brought as servants into this country, of what christian nation soever they be, should serve noe longer than our owne nation, which is five yeares, if above sixteene yeares of age, if under, untill one and twenty, as by the 30th act of the said assembly appeares, and in regard the said 13th act doth contrary to law looke backward and sett free severall servants aliens purchased upon a former act of assembly made the 4th of             1654, Be it therefore enacted that all aliens and others comeing in while that act and the others in force shall serve according to those acts, and that for the future all the aforesaid acts shalbe repealed, and all servants hereafter comeing in without indentures shall serve five years if above sixteen yeares Purvis 72.
[See vol. 1, index tit 'Servants.']

Serva's heretofore bro't in to serve according to the laws then in force.
All Servants hereafter br't in, without indentures, to serve 5 years, if above 16 yrs of age; and if under till they are 24.




of age and all under that age shall serve untill they be fower and twenty yeares old, that being the time lymitted by the laws of England, and that they severall courts at the request of the master make inspection and judge of their ages.

Against secrett marriage. Edit 1733 and 1752.
      WHEREAS much losse and detriment doth arise to diverse masters of ffamilyes by the secrett marriage of servants, the said servants through that occasion neglecting their works and often perloyning their masters goods and provision, Bee it therefore enacted that noe minister either publish the banns or celebrate the contract of marriage between any servants unles he have from both their masters a certificate that it is done with their consent, and the minister doing otherwise shalbe fined ten thousand pounds of tobacco, and the said servants both man and woman that shall by any indirect meanes procure themselves to be marryed without consent of his and her master, shall for such their offence each of them serve their respective masters one whole yeare after their tyme of service by indenture is expired, and if any person being free shall clandestinely marry with a servant as aforesaid, hee or shee soe marrying shall pay to the master of the servant ffifteen hundred pounds of tobacco or a yeares service, and the servant soe being marryed shall abide with his or her master, the time by indenture or custome and a yeare after as aforesaid. Purvis 72.
(See vol. 1, p. 252, 438.)

Penalty on ministers for marrying servants without a certificate from their masters.

On the serv'ts.

On free person marrying with a servant.

Against ffornication. Edit 1733 and 1752.
      FOR restraint of the ffilthy sin of ffornication, Be it enacted that what man or woman soever shall commit ffornication, he and she soe offending, upon proofe thereof by confession or evidence shall pay each Purvis 73.
[See vol. 1, p. 433, 438.]
Fornication, how punis'ble




of them five hundred pounds of tobacco fine, (a) to the use of the parish or parishes they dwell in, and be bound to their good behavior, and be imprisoned untill they find security to be bound with them, and if they or either of them committing ffornication as aforesaid be servants then the master of such servant soe offending shall pay the said ffive hundred pounds of tobacco as aforesaid to the use of the parish aforesaid, for which the said servant shall serve half a yeare after the time by indenture or custome is expired; and if the master shall refuse to pay the ffine then the servant to be whipped; and if it happen a bastard child to be gotten in such ffornication then the woman if a servant in regard of the losse and trouble her master doth sustaine by her haveing a bastard shall serve two yeares after her time by indenture is expired or pay two thousand pounds of tobacco to her master besides the ffine or punishment for committing the offence and the reputed ffather to put in security to keep the child and save the parish harmelesse. In servants.

Bastards, how provided for.

Hired Servants. Edit 1733 and 1752.
      WHEREAS diverse persons that by indenture custome or after contracts for wages being servants to severall men, doe many times run away to plantations farre remote, and thereby being unknowne procure entertainment with others for wages or shares to the greate damage and sometime undoeing of their true masters and also of those that ignorantly entertaine them by paying the fine; ffor prevention whereof for the future, and for the better discovery of such runaways, Bee it enacted that all servants at the expiration of their time shall with their master or a suffitient testimoniall from him goe to the court in that county where he served and there enter his ffreedom and take certificate thereof from the clerke of the said court, which certificate shalbe suffitient warrant for any person Purvis 74.
[See vo 1, ind. tit. 'Servants.'

Servants, on the expiration of their time, how to obtain a certificate of freedom.

Various Readings
      (a) 'Five in Purvis, 'fine' in Northumberland MS.




to entertaihe him into his service, and whoever after his ffirst time by indenture expired, and certificate thereof taken out as aforesaid shall againe upon any termes become servant to another the master then hiring the said servant shall take his certificate of ffreedome and keep it untill the time contracted for be expired, and whoever shall entertaine or harbour any servant or hired ffreeman running away from his master's service, and not haveing certificate as aforesaid shall pay to the master of the said servant thirty pounds of tobacco per day and night for all the time they shall harbour or entertain them, provided that if such runaway servant shall forge a certificate or steale his true one from the master he is hired to, and by that meanes procure himselfe entertainment, the person entertaining him shalbe free from the fine, but the servant stealing or forging the certificate shalbe punished for his forgery by standing in the pillory two howers upon a court day; and if any person comeing free into the country shalby any contract agree with any person, and before the time agreed for be accomplished shall depart to another, hee shall performe the tenor of his contract first made, and pay the apparent damage that shall arise by his breach of covenants, and shall after that satisfyed, be lyable to the payment of what damages any other contractor with him shall recover of him by law, and in regard the certificates of ffreedome may be worne out and lost, and by those meanes new ones be required, it is further enacted that every clerke upon such pretence granting a new certificate shall mention in that the losse of the ffirst, and that for that cause this second was issued. Pen'ty for hiring with't such certificate.

On servant for forging one or stealing his owne deposited with his 2nd master.

On freemen hiring themselves and not performing the contract.

How certificates may be renew'd when worn out.


Run-aways. Edit. 1733 and 1752.
      WHEREAS there are diverse loytering runaways in this country who very often absent themselves from their masters service and sometimes in a long time cannot be found, that losse of the time and the charge in the seeking them often exceeding the value of their labor: Bee it therefore enacted that all runaways that shall absent themselves from their said masters Purvis 75.
[See vo. I. ind. ti. 'Runaways'

Servants running away, to serve double the time lost.




service, shalbe lyable to make satisfaction by service after the times by custome or indenture is expired (vizt.) double their times of service soe neglected, and if the time of their running away was in the crop or the charge of recovering them extraordinary the court shall lymitt a longer time of service proportionable to the damage the master shall make appeare he hath susteyned, and because the adjudging the time they should serve is often referred untill the time by indenture is expired, when the proofe of what is due is very uncertaine, it is enacted that the master of any runaway that intends to take the benefitt of this act, shall as soone as he hath recovered him carry him to the next commissioner and there declare and prove the time of his absence, and the charge he hath bin at in his recovery, which commissioner thereupon shall grant his certificate, and the court on that certificate passe judgment for the time he shall serve for his absence; and in case any English servant shall run away in company of any negroes who are incapable of making satisfaction by addition of a time, it is enacted that the English soe running away in the company with them shall at the time of service to their owne masters expired, serve the masters of the said negroes for their absence soe long as they should have done by this act if they had not beene slaves, every christian in company serving his proportion; and if the negroes be lost or dye in such time of their being run away, the christian servants in company with them shall by proportion among them, either pay fower thousand five hundred pounds of tobacco and caske or fower yeares service for every negroe soe lost or dead. And for run'g away during the crop, or extraordinary charge, in apprehending them, to serve still longer.

When & how the additional time adjug'd.

Pen'lty on English servants running away with negroes.
[See an. p. 26]

Further pen'ty if the negroes be lost or die.

Cruelty of masters prohibited. Edit. 1733 and 1752.
      WHEREAS the barbarous usuage of some servants by cruell masters bring soe much scandall and infamy to the country in generall, that people who would willingly adventure themselves hither, are through feare thereof diverted, and by that meanes the supplies of particuler men and the well seating his majesties country very much obstructed, Be it therefore enacted Purvis 76.
[See vol. 1, p. 255, 440.]




that every master shall provide for his servants component dyett, clothing and lodging, and that he shall not exceed the bounds of moderation in correcting them beyond the meritt of their offences; and that it shalbe lawfull for any servant giving notice to their masters (haveing just cause of complaint against them) for harsh and bad usage, or else for want of dyett or convenient necessaries to repaire to the next commissioner to make his or their complaint, and if the said commissioner shall find by just proofes that the said servants cause of complaint is just the said commissioner is hereby required to give order for the warning of such master to the next county court where the matter in difference shalbe determined, and the servant have remedy for his grievances. Serv'ts to have compet't food & raiment, & not immoderately corrected.

Complaining of ill usage or want of food or raiment, how redressed.

Notice to masters.

Power of c'ts.

Against unruly servants. Edit. 1733 and 1752.
      WHEREAS the audatious unrulines of many stubborne and incorrigible servants resisting their masters and overseers have brought many mischiefs and losses to diverse inhabitants of his country, Be it enacted and ordayned that the servant that shall lay violent hands on his or her master, mistress or overseer, and be convicted thereof by confession or evidence of his fellow servants or otherwise before any court in this country, the same court is hereby required and authorized to order such servant or servants to serve his or her said master or mistris or their assignes one yeare after his or her time by custome indenture or law is expired. Be it enacted, that noe person or persons whatsoever for any offence committed shalbe adjudged to serve the country as colony servants. Purvis 77.
[See vol. 1, p. 538.]

Pen'lty on servants for lay'g violent hands on their masters, mistresses or overseer.

Servitude for offences abolished.
[See vol. I, p. 259, 459.]

Against trading with servants. Edit. 1733 and 1752.
      WHEREAS diverse ill disposed persons doe secretly and covertly truck and trade with other mens servants and apprentices who to the greate injury of their masters are thereby induced and encouraged to Purvis 77.
[See vol. I, p. 274, 445.]




steale perloyne and imbezell their masters goods, Bee it therefore enacted that what person or persons soever shall buy, sell, trade or truck with any servant for any comodity whatsoever without lycense or consent of the said servants master, he or they soe offending against the premisses, shall suffer one months imprisonment without baile or mainprise, give bond with security for his good behaviour, and also forfeite to the master of the said servant fower times the value of the things soe bought, sold, trucked or traded for. Penalty for dealing with servants without leave of their owners.

Noe tobacco to be planted after the tenth of July. Edi. 1733 and 1752.
      WHEREAS it hath bin taken into serious consideration that the improvement of our only comodity tobacco can noe ways be effected but by lessning the quantity and amending the quality, and further that all stints will prove cleerly inconsistant with the being of the country, while Maryland remaines a distinct government, unles of such a nature as may produce both the aforesaid effects without abridgment of any mans endeavours or confining him to any sett number of plants, for which cause the assembly hath enacted that noe tobacco be planted after the tenth day of July, and that whosoever shall either directly or indirectly plant or replant or cause to be planted or replanted any tobacco after the said tenth day of July shall forfeite ten thousand pounds of tobacco to the use of the publique. Purvis 78.
[See vol. I, p. 488.]

Penalty for planting or re-plant'g tobacco after 10th of July.

Noe seconds or slips. Edit. 1733 and 1752.
      AND be it further enacted that what person or persons soever shall tend or suffer or cause to be tended any second topps or slips shall forfeite ten thousand pounds of tobacco to the publique; Bee it further enacted that what person or persons soever shall save, pack or sell or send away any ground leaves which are hereby required to be totally supprest, shall Purvis 78.
[See vol. 1, p. 399, 478.]

Pen'ty for tending seconds.




forfeit for every hogshead proved to have the quantity of five pounds of ground leafe tobacco in it, five thousand pounds of tobacco to the use of the publique. And it is further enacted that the grand jury shall take particular care of the observation of this act, and shall make due presentment to the county courts of any such as shall plant or tend any tobacco contrary to this act. On packing ground-leaves for sale.

Gr'd Juries to present offences aga'st this act.

Improvement of staple commodities. Edi. 1733 and 1752.
      WHEREAS the incertaine value of tobacco the unstaplenesse of the comodity & the probability of its planting in other places, threaten this comodity with the danger of an unavoydable ruyne, which must in time fall upon it by the increase of the makers of it amonge ourselves (who have already glutted all marketts that greate quantityes are yearely left in the country, and that which is sent out sold at soe meane and inconsiderable a rate as neither merchant nor planter can well subsist by) unles some other course be spedily taken for improvement of such other comodityes as the country will produce and making as many of them as we can into manufactures and giveing encouragement unto all persons of what ability soever to attempt it, which the former acts for encouragement to make staple comodityes have been defective in, by only proposing rewards to greate quantityes of every comodity made, when whosoever goes about, must if he faile be ruined, or if he make the quantity proposed will have noe need of the gratuity, which is better to be suited proportionably to the meanest quantity, Be it therefore enacted that the assembly this present yeare send into England for a considerable quantity of fflax seed to be distributed into the several counties and delivered to certaine persons who may sell it out to severall inhabitants and the produce thereof to be paid the yeare following with the levye, and the country stock by that meanes be made good, and the several inhabitants be Purvis 79.
[See vol. I, p.151, 469.]


Encouragem't of staple comodities and domestic manufactures.

Flax sued to be imported & distributed in the several counties.

Premiums for spinning flax and weaving cloth.




enabled* according to the ffiftyeth act of assembly 1661 to make their proportions of fflax, and whoever will spin the fflax and cause the yarne to be weaved into cloath soe wove of yarne made of fflax growing in the country have three pounds of tobacco, and for every yard of woollen cloath made of yarne here spun in the country, five pounds of tobacco, which upon the produce of a certificate from some justice of peace in the county that he hath seene the same in the loome, and that to his knowledge it was really made in the country as aforesaid shall upon produceing the same to the governor and councell be paid soe much in the publique levye in the same county where they dwell. Also for woollen cloth made of yarn spun here.

Act for Mulberry trees. Edit. 1733 and 1752.
      WHEREAS by experience silke wilbe the most profitable comodity for the country if well managed, and whereas the greatest conducement thereunto required is provision of mulberry trees, Bee it enacted and confirmed by this present grand assembly that every proprietor of land within the collony of Virginia shall for every hundred acres of land holden, in ffee, plant upon the said land ten Mulberry trees at twelve ffoote distance each from other, and secure them by weeding, and a suffitient ffence from cattle horses, &c. betweene this and the last of December 1663, and for every tree that shalbe wanting and untended in manner aforesaid of the said proportion at the said last of December 1663, he the said proprietor that shalbe soe delinquent shall pay twenty pounds of tobacco to the publique, provided that this act doe not extend to orphants untill the expiration of ffive yeares after their full age, and then if delinquent to be lyable as aforesaid, and noe man planting more then his number shall excuse any that hath planted less, provided also that Purvis 80.
[See vol. I, p. 126, 420, 411 & 520.]

Ten mulberry trees to be planted for every 100 acres of land held in fee-simple, & sufficiently fenced & tended.

Penalty for neglect.

Not to extend to orphans till 5 years after full age.

Various Readings
      * The words 'and the several inhabitants be enabled,' omitted in Purvis, but inserted in Northumberland MS.




this act extend not to such proprietors as are not in actual possession, and because his majestie hath taken perticular notice of the greate folly and negligence of the country in omitting the propagation of soe noble and staple a comodity; it is enacted that the grand jury doe strictly inquire into the breach of this act, and make presentment thereof that the offenders may accordingly be punished; And be it further enacted that for the encouragement of all persons that shall endeavour to make silke, there shalbe allowed in the publique levy to any one for every pound of wound silke he shall make fifty pounds of tobacco to be raised in the publique levy and paid in the county or countyes where they dwell that make itt. Nor to proprietors not in actual possession.

Gr'd juries to present offenders.

Premium for making silk.

Encouragement to build vessels. Edit 1733 and 1752.
      FOR encouragement of building vessels in this country and the promoting of trade: Bee it enacted that whosoever shall build a vessell of any burthen decked and fitted to goe to sea, shall for every tunn burthen the said vessell shall containe, receive upon proofe of her being soe built ffifty pounds of tobacco out of the publique levy.
      Whereas Colonel Edmund Scarborough hath to his perticuler charge but to the infinite good of the country erected a salt worke for which he hath received deserved thanks the last assembly, This assembly for his greater encouragement have thought fitt to grant him the use of the mony raised this yeare out of the two shillings per hogshead (a) in Northampton county with condition that he make repayment of the same to those the assembly shall allott it the next yeare in salt at two shillings six pence per bushell, and soap at
      And be it further enacted that after the first of September 1663, noe master of ship, barque or vessell or any person merchant or trader shall bring in any salt into the county of Northampton under the penalty of confiscating
Purvis 81.
Premium for building vessels.

Encouragmn't to Edm. Scarborough for erecting a salt work in Northampton county.
Advance of money.

Price of salt.

Importation of salt into Northampton prohibited, under penalty.

Various Readings
      (a) 'Hundred' in Purvis, 'hogshead' in Northumberland MS.




his ship, barque or vessell, and goods to the end that he and others may be encouraged n their industrious endeavours to promote the good of the country.

Tanhouses to be erected. Edit. 1733 and 1752.
      BEE it also enacted that according to the ffifth act of assembly 1660, there be erected in each county at the charge of the county one or more tanhouses, and they provide tanners, curryers and shoomakers, to tanne, curry and make the hides of the country into leather and shoes, and that the person intrusted with the oversight of the workmen, and manageing the trade doe allow to the inhabitants of the county for every dry hide they bring at the rate of two pound of tobacco per pound, and sell them shoos at thirty pounds of tobacco plaine shoos, and thirty five pounds of tobacco for wooden heels and ffrench falls of the size largest sizes, and twenty pounds of tobacco per pair for the smaller shoos, and the county failing herein to be fined five thousand pounds of tobacco. Purvis 81.
Tan-houses, tanners, curriers and shoe-makers to be provided in each county.

Price of hides.

of shoes.

Penalty on counties for neglect.

Two acres of corne for each tythable. Edit. 1752. Purvis 82 and edit. 1733.
      BEE it hereby enacted that persons within this colony shall plant or tend for every tythable person tending a crop in their family two acres of corne or pulse under the penalty of five hundred pounds of tobacco for every acre neglected as aforesaid to be paid by the delinquent, and to be levyed by the sherriffe to the counties use, and the grand jury in their severall lymitts to look strictly after the breach of this act, and for encouragement for men to sowe English wheat which may be a staple commodity to vent out of the country; It is further enacted that the sowing of one acre of wheate shall excuse the planting of the two acres of Indian graine or other corne or pulse as this act enjoynes. [See vol. I. index title 'corn'
Two acres of corn or pulse to be cultivated, for each tithable under a penalty.
Gr'd juries to present offenders.
Sowing of one acre of Engl'h wheat equivalent to plant'g 2 acres of Indian corn.


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