|Pages 163-179||Pages 208-228|
|Sir W. Berkeley, governor.|
|An act prohibiting the unlawfull assembling of Quakers.||Edit. 1733 and 1752.|
|WHEREAS it is evident of late time that certaine persons under the names of Quakers and other names of separation have taken up and maintained sundry dangerous opinions and tenets, and whereas the said persons under pretence of religious worship doe often assemble themselves in greate numbers in several parts of this colony to the greate endangering of the people by maintayning a secrett and strict correspondency among themselves, and in the meane time separating and dividing themselves from the rest of his majesties good and loyall subjects, and from the publique congregations and usuall places of divine service, for redressing whereof and for better preventing the many mischeifes and dangers that may and doe arise by such dangerous tenets and such unlawful assemblyes, Be it enacted by this present grand assembly and the authority thereof that if any person or persons commonly called Quakers, or any other seperatists whatsoever in this colony shall at any time after the publishing of this act in the severall respective counties departe from the||Purvis 115.|
[See vol. p. 532 and ante. p. 48.
Quakers assembl'g to the number of five for the purposes of religious worship, how punished.
|* In the Northumberland MS. the commencement of the acts of this session is 'AT A GRAND ASSEMBLY at James Citty, by prorogation from December the 2d 1662 to October the 10th, 1663, Annoq. Regni Regis Caroli secundi. 15, 0.' (But the word October is a mistake.)|
|place of their severall habitations and assemble themselves to the number of five or more of the age of sixteene yeares or upwards at any one tyme in any place under pretence of joyning in a religious worship not authorized by the laws (a) of England nor this country that then in all and every such cases the party soe offending being thereof lawfully convict by the verdict of twelve men, or by his owne confession, or by notorious evidence of the fact, shall for the ffirst offence fforfeite and pay two hundred pounds of tobacco, and if any such person or persons being once convicted shall againe offend therein, and shall in forme aforesaid be thereof lawfully convicted shall in forme aforesaid be thereof lawfully convicted shall for the second offence forfeite and pay five hundred pounds of tobacco to be levyed by distress and (b) sale of the goods of the party soe convicted, by warrant from any one of the justices before whome they shalbe soe convicted rendering the overplus to the owners (if any be,) and for want of such distresse or for want of ability of any person among them to pay the said fine or fines; then it shalbe lawfull to levy and recover the same from the rest of the Quakers or other seperatists or any one of them then present, that are of greater ability to pay the said fine or fines; and if any person after he or she in forme aforesaid hath bin twice convicted of any of the said offences shall offend the third time and be thereof lawfully convicted, that then every person soe offending and convict as aforesaid shall for his or her third offence be banished this colony of Virginia to the places the governor and councell shall appoint.||For 1st offence.|
For 2d offence.
The more able to pay for insolvents.
For 3d offence to be banish'd.
|And be it further enacted by the power and authority aforesaid, that each master of ship or vessell that shall import and bring in any Quaker into this colony to reside after the first day of July next, unles by virtue of an act of parliament made in England the nineteenth day of May in the foureteenth yeare of the raigne of our soveraigne Lord the King, shalbe fined five thousand pounds of tobacco to be levyed by distress and sale of the masters goods by warrant from any justice of peace in the county where such person or persons shall arrive,||Penalty on masters of vessels for bringing in Quakers.|
|(a) The word 'by the laws.' omitted in Purvis.|
|(b) 'or' in Purvis.|
|the same being proved by suffitient evidence, and further shalbe enjoyned to carry him or them out of the country againe when his ship retornes and to take especiall care to secure him, her or them soe brought in as aforesaid from spreading any seditious tenets whilst he she or they remaine in the country.|
|And be it further enacted that any person or persons inhabitants of this country that shall entertaine any Quakers in or neare their houses, that is, to teach or preach shall likewise be fined five thousand pounds of tobacco fo reach time they do entertayne them, to be levyed by distresse and sale of the persons goods by order of the justices of peace in the next county court held for that county where the fact was committed before whome the same shalbe by evidence proved.||Penalty on inhabitants for entertaining Quakers to preach.|
|And be it further enacted that for prevention of neglects in the due execution of this act by any majestrate or majestrates officer or officers of this colony that in case any justice of the peace or any other officer shall neglect the performance of their duty in prosecuting this act or shall directly or indirectly connive at any breeches thereof he or they for every such offence shalbe fined two thousand pounds of tobacco to be levyed by distresse and sale of the goods of the party soe offending, he being thereof lawfully convicted by the verdict of twelve men or by his owne confession or evidence of the fact.||Pen'ty on officers for neglecting the execution of this act.|
|And be it further enacted by the authority afore said that all justices of the peace in their severall counties shalbe hereafter impowered to enquire heare and determine all and every the offences aforesaid within the lymitts of their comission and to give warrant for levying and distressing the fines upon the goods of the persons offending, all which said ffines mentioned in this act shalbe disposed of to the uses and purposes following, vizt. the two hundred an five hundred pounds of tobacco imposed on the Quakers and other seperatists for unlawfull assembling shalbe paid halfe to the informer, halfe to the use of the parish where the fact was committed; that the five thousand pounds of tobacco imposed on each master that shall bring in||Justices of the peace finally to hear & determine.|
|* The running title in the editions of 1733 and 1752, is 'Anno decimo quinto Caroli secundi regis.'|
|any Quaker shalbe paid halfe to the informer, halfe to the use of the parishes in the county where the person or persons arrive; that the five thousand pounds of tobacco imposed upon every inhabitant that shall entertaine as aforesaid in or neare his house any Quaker shalbe paid halfe to the informer and halfe to the parishes in the county where he lives for pious uses; provided alwayes that the charges of their apprehending be first defrayed, that the two thousand pounds of tobacco, imposed upon any majestrate or other officer that shall neglect the due prosecution of this act shalbe paid halfe to the informer and halfe to the parishes in the county where he lives; provided alwayes, and be it further enacted, that if any of the said persons Quakers or other seperatists shall after such conviction as aforesaid give security that he, she or they shall for the time to come forbeare to meete in any such unlawfull assemblies as aforesaid, that then and from thenceforth such person or persons shalbe discharged from all the penalties aforesaid any thing in this act to the contrary notwithstanding.||Fines, how disposed of.|
Quakers in giving security, not to meet in their assemblies released from penalties of this act.
|An act concerning the bounds of this colony on the Easternshore.||Edit. 1733 and 1752.|
|HIS Majesties interest on the Easternshore of Virginia through with some other concernments of the Lord Baltimore comeing into consideration of the right honourable the governour councell and burgesses of this grand assembly, they pretermitting for the present all other his majesties concernes of land untill a fitter oppertunity doe thinke fitt for the present to enact, and be it therefore enacted by the right honourable the governour councell and burgesses of this grand assembly, and the authority thereof that publication be made as soone as possibly by collonel Edmund Scarburg, his majesties surveyor generall of Virginia, commanding in his majesties name all the inhabitants on the Eastern shore of Virginia from Wattkins point southward to render obedience to his majesties government of Virginia and make payment of his majesties||Purvis 118.|
Boundary of Virg. on the E. Shore betw'n L'd. Baltimore & this colony, ascertained.
|rents and all publique dues to his majesties colony of Virginia. And whereas it hath bin controversed by some ignorant or ill disposed persons, where Wattkins point the Lord Baltimores southermost bounds on the Easterne shore is scituate, this grand assembly by the care and speciall enquiry of ffive able selected surveyors and two burgesses, and the due examination thereof conclude the same place of Wattkins point to be the northside of Wicomicoe river, on the Easterne shore, and neere unto and on the south side of the streaight limbe opposite to Potuxent river, which place according to captain John Smith and the discoverers with him, in the yeare 1608 was soe named, being the lord Baltimores bounds on the Easterne shore within which bounds his majesties subjects that are now seated are hereby comanded to yeild due obedience at their utmost perill, and in case the lord Baltimore his lieutenants or deputies shall not be fully convinced of error in his or their actuall or pretended intrusions, this grand assembly of Virginia in due obedience, makeing this perticular parte of Virginia their present care on his majesties behalfe doe ingage and comand collonel Edward Scarburghe, Mr. John Cultlett and Mr. Richard Laurence or any two of them (whereof his majesties surveyor generall to be one) that upon convenient notice and assignment of time and place at Manokin or any other parte of his majesties country of Virginia on the Easterne shore, they or any two of them shall give a meeting to the lord Baltimores lieutenants or deputies, or his or their substitutes as aforesaid, the account thereof to be retorned to his majesties governor and councell of Virginia, and in the meane time all the inhabitants on the Easterne shore as aforesaid are required in his majesties name to conforme due obedience to this act of assembly.||A conference proposed with L. Baltimore's commiss'rs, if he dissatisfied.|
|Bee it alsoe enacted that the surveyor generall of Virginia aforesaid is hereby comanded and authorized to improve his best abilities in all other his majesties concernes of land relateing to Virginia espetially that to the northward of fforty degrees of latitude, being the utmost bounds of the said lord Baltimores grant, and to give an account of his proceedings therein to the right honourable governour and councell of Virginia.||Bounds of L'd. Baltimore's grant.|
|An act prohibiting the exportation of Deere skins or Calve skins, &c.||Purvis 120 & Edit. 1733 and 1752.|
|WHEREAS it appeares that the skins of Deer and Calves are according to their quantity as usefull and benefitiall to the country as hides, for promoteing the manufacture of shooes, It is therefore enacted that all such skins shall be included in the act against exportation of hides or leather, with five hundred pounds of tobacco to be forfeited by the buyer or seller of the same, And be it further enacted that any perticuler justice be impowered to send his warrant aboard any ship, sloope or vessell for search or detection of such offences, and that three or more (one being of the quorum) may examine and take evidence for the proofe thereof, and that a court may be called if requested by the party concerned according to a former act for dispatch of maritine affaires to passe judgment thereupon, and for what shall be found aboard any ship, sloope or vessell as aforesaid to give sentence for confiscation thereof.||Exportation of deer and calf skins prohibited.|
|An act prohibiting the entertainment of Indians without badges.||Edi. 1733 and 1752.|
|SINCE it is manifest that diverse thefts are comitted by Indians on the southside of James River, for which the neighbouring Indians being taxed say, and affirme it to be done by the Tuscarores and other remote nations who lying skulking about the English plantations for private sinister comerce cannot be soe safely discovered and taken by the reason that the penalty, by law for Indians comeing in without a badge is laid on the Indians only, and not on the English entertayning them, Be it therefore enacted that what Englishman soever shall privately entertaine any Indian or Indians of any nation not haveing a bade according to law shalbe lyable to the same censure and penalty as the law imposes upon an Indian, for such their illegall comeing in, and that informer or discoverer thereof shall have halfe the said penalty.||Purvis 120.|
Penalty for entertaining Indians without badges, extended to English also.
WHEREAS the impost of ten shillings per hogshead is most comonly paid in such refuse contemptible goods as are not vendible but at under rates, Be it therefore enacted by this present grand assembly that from the date of this act all debtors for the said impost shall pay the same either in actuall ready mony or else in good merchantable tobacco at the rate of two pence per pound.
|Purvis 120, & Edit. 1733 and 1752.|
Duty of 10s. p hhd. to be paid in money or tobacco only.
WHEREAS the 64th act of assembly held at Jams Citty, March the 23d, 1661, for encouragement of collonel Edmund Scarburgh in the erecting his salt workes prohibites the importation of any salt in the counties of Northampton and Accomack, but lays not any injunction upon collonel Scarburgh to provide suffitiently for the supply of the said counties, It is therefore enacted by this grand assembly, that for the better supply of the said counties and makeing the better salt by degrees, collonel Edmund Scarburgh the undertaker of the said worke doe bring in or procure to be brought in salt to make salt upon salt, and bring a suffitient quantity thereof soe made to furnish the occasions of both the said counties, vizt. to Cherrystone creeke for Northampton county, and to his owne house for Accomack county, and to sell the same at the price sett in the said 64th act, and in case there should want a supply of salt in quantity and quality aforesaid suffitient for the said counties at the respective places aforesaid, that then it may be lawfull for them to purchase salt of any other person for their necessary supply only but not to sell any.
Purvis 120, & Edit 1733 and 1752.
Provision for increasing the quan'ty of salt.
|An act for the exacter discovery of concealed tythables.||Edi. 1733 and 1752.|
|WHEREAS diverse masters of ffamilies, notwithstanding the many laws made to the contrary, doe conceale some of their ffamily legally tythable, to a very considerable number (as may justly be suspected) in the whole country, and consequently enlarge the taxes of those that doe legally conforme, for remedy of the like abuses hereafter, Be it therefore enacted by this grand assembly and the authority thereof that every master of a ffamily shall give an exact account of all tythable persons in their said ffamily with their severall names to the next majestrate appointed to receive the list annually, by the tenth of June, and in case any such master of a ffamily shall conceale any person or persons of his ffamily, then every such concealed person and persons shalbe forfeited to him that shall make it appeare, unles he was bought after the tenth of June, but if any such concealed person being a servant hath lesse then a yeare to serve or if the person concealed be a ffreeman, then for every such person the master of the family shall forfeite one thousand pounds of tobacco, Provided alwayes that women servants be excepted out of this act, which whether they are tythable or not is referred to the county courts to judge and determine.|
Tithable persons concealed by their mas'rs forfeited to the informer, or if a free man or servant hav'g less than a y'r to serve, 1000 lbs. of tobacco.
Proviso, as to women serv'ts
|An act concerning the pursuite of runawayes.||Edit 1733 and 1752.|
|WHEREAS the ordinary way of makeing pursuites after runawaye servants by hues and cryes is by experience found ineffectuall for the recovery of them, and the pursuite at the perticular charge of the master oftentimes impossible, for remedy whereof, It is enacted by this present grand assembly and the authority thereof that pursuite after runawayes be made at the charge of the country, for effecting whereof any justice at the instance of the master or masters of the servants runaway is hereby required, authorised|
Runaways to be pursued at public expense.
|and impowered to issue his warrant for pressing boate and hands or other dispatches to make persuite, the charge whereof shall be defrayed in the next county levie; and in case the said fugatives shall notwithstanding such persuite make an escape to any of the Dutch plantations, it is enacted that letters be written to the respective governours of those plantations to make seizure of all such fugative servants, and to retorne them by the next convenient passage to any of the collectors of the rivers, the vessell that brings them in is bound to; And for satisfaction of their charge the said collector is hereby authorized to give them his certificate of the receipt of the servants and of the summe the charge amounts to, which being produced by the said importer or his agent to the next assembly or committee for the levy the summe specified shalbe by them raised and paid the importer or his lawfull agent at such place as he shall desire.||Proceedings, where they have escaped to the Dutch
[ The northern colonies were at that time so called.]
Expenses of apprehending how paid.
|And it is further enacted that the said collector shall with as much speed as may be, certifie the master of the said servant of his haveing him in his custody, and in case the said master of the said servant will pay the charge of his importation then the said collector is required to take the bill of the said master with security if needfull to the use of the publique, and to receive the same when due for the use aforesaid, and to deliver him or them their servants, who shall serve his or their master or masters for the time of his or their absence and charge disbursed according to a former act of assembly in that case provided, but if the said master or masters shall refuse to pay the charge, then the said collector is hereby impowered to sell the said servant or servants or to hire him or them for soe long time as may reimburse the publique disbursement; after which time expired, the said servant or servants shalbe returned to his or their master or masters, and serve him or them the remaynder of his or their tyme, and alsoe for the time of his or their being runaway, in which what he serves for satisfaction of the publique shall not be accompted, It is further enacted that if the said servant or servants be taken by the pursuite of the county that the county shall have such satisfaction as the publique by sale or hire of the servant.||How information given to the master of the recovery his
Master to give bond & secu'ty for paying expenses, or the servant to be sold or hired out.
How county reimbursed.
|An act for the halfe of all fines to bee paid to the informer.||Edit 1733 and 1752.|
|WHEREAS severall penall acts of assembly referre the disposall of the fines to the assembly, who ever intended the halfe thereof to the informer yet for better encouragement of such, and better discovery of those that breake the law, It is thought fitt to enact, and be it enacted by this present grand assembly that the halfe of all fines incurred on any person offending against any penall law be conferred on the informer and discoverer of any such offences.||Purvis 123.|
One half of all fines for breaches of penal laws to go to informer.
|An act concerning forreigne debts.||Edit 1733 and 1752.|
| WHEREAS it was omitted to be incerted in the printed laws
of this country that monies due in England for any consideration not imported into this colony
should not be pleadable here, It is therefore enacted and declared that the said act was
never repealed, but that it hath alwayes bin and still doth continue in force, and that according
to the tenor thereof no debt whatever is pleadable against any inhabitant of this country but for
goods imported in this country.
[See vol. 1, p. 256.]
A former act omitted in the printed laws declared in force.
Debts contracted in England not recoverable here except for goods imported.
|An act permitting persons under executions to redeeme their bodies with their estates.||Edit 1733 and 1752.|
|SINCE the act for payment of executions in kinde exposed most men in the country to ruyne, by the malice of their too rigid creditors, who by that act might, takeing this advantage (oftentimes when tobacco or money the two things most usually obliged for, were not in possibility to be procured,) detayne their persons in prison to the destruction of their creditt, ffamilies, and ffortunes, Be it therefore enacted by the||Purvis 123.|
[See vol. 1, p. 294, 346, 453.]
|governour, councell and burgesses of this grand assembly and the authority thereof that the said act, as too full of rigour, be repealed, and that instead thereof it be enacted that when any person shall be laid under execution for debt he shall first make oath, that he hath not directly nor indirectly any specificall tobacco or money to answere the debt, and then shall tender an estate to the treble value of his debt, and in case of disability an inventory of his whole estate upon oath to the creditor who shall have liberty to make choice of any of the estate soe tendred for satisfaction of his debt which deing apprized by fowre men chosen, two by the creditor and two by the debtor, shalbe by the sherriffe delivered to the creditor and the debtor be acquitted, But if the whole estate will not satisfye the debt, then the person of the debtor to remaine in prison, and in case of disagreement betweene the debtor and creditor either in choice of the estate or apprisers, then it shalbe lawful for the next commissioner to appoint fowre indifferent persons to chuse, appoint and apprise that part of the said estate as shall satisfye the debts, and in case of their disagreement the said next commissioner shalbe and hereby is impowred to determine the controversie.||Act authoris'g executions for things in kind repealed.|
Tobo. or mon'y alone recoverable.
Drs. in execution, not hav'g tobo. or money how relieved, by tendering property.
But if whole estate not sufficient, the dr. to remain in prison.
An act concerning a stint.
|WHEREAS at the last sessions of this assembly it was proposed to the right honourable the governour and councell that the confining ourselves not to plant after the tenth of June would much tend to the advance of the value of tobacco besides the gayning much time for preparing the ground for other uses (always provided) that the inhabitants of the province of Maryland would bind themselves in the like law, It is therefore by the governour, councell and burgesses of this grand assembly enacted that in case the inhabitants of Maryland shall by March court next signifie their assent to that limitation of time to the honourable governour and councell, and the honourable governor be pleased in Aprill following to certifie the same to the severall counties by his proclamation, that||Purvis 124 and Edit. 1733 and 1752.|
Proposals to limit the planting of tobacco to 20th of June provided the Marylanders accede to it;
|then what inhabitants soever in this colony shall plant or replant any tobacco after the twentyeth of June aforesaid, shalbe fined ten thousand pounds of tobacco, But if the Marylanders refuse their assent or the same be not certifyed in Aprill next as aforesaid, then it shalbe lawfull for all the inhabitants of this country to plant at any time, and to make their utmost benefitt possibly by seconds or slips at their discretion, this or any other act or acts to the contrary notwithstanding.||If not, inhabitants of this colony to plant when they please,
& also tend seconds and slips.|
|An act respiting the time for planting Mulberry Trees.||Purvis 107 and Edit. 1733 and 172.|
|WHEREAS there hath been an impossiblity of procureing so many Mulberry trees as every proprietor of land is by act of assembly enjoyned to plant for his proportion, being ten trees for every hundred acres; this grand assembly takeing the same into their consideration have therefore enacted that the time shalbe respited for three yeares longer, vizt. untill the last of December, 1666, and that whoever shall then be defitient shall for every tree wanting be fined twenty pounds of tobacco being double the fine already imposed.||Time for planting mulberry trees extended 3 years.|
|An act for keeping holy the 13th of September.||Purvis 125 and Edi. 1733 1752 and 1769|
|WHEREAS it is evident that certaine mutinous villaines had entred into such a desperate conspiracy as had brought an enevitable ruyne to the country had not God in his infinite mercy prevented it, this grand assembly to testify their thanks to Almighty God for soe miraculous a preservation have enacted that the thirteenth of September, the day this villanous plott should have been putt into execution, be annually kept holy to keep the same in a perpetuall comemoration.||Preamble.|
The 13th of September annually to be kept holy.
|An act repealing the act for amercements.*||Edit. 1733 and 1752.|
|WHEREAS the act for amercements in generall and county courts hath noe way diminished the number of litigious suites as was expected it would, nor contributed any thing to the supporte of the charge of the justices or advance of the publique as was intended, but hath only layd a greater burthen upon the poore who for disability to pay their debts are usually cast in the suite, Be it therefore enacted by this grand assembly that the clause of the twenty seaventh act of assembly made at James Citty be wholly repealed and from henceforth made voyd and null.|
Act imposing amercements on pltfs. & dfts. in civil suits, repealed.
[Ante p. 66.]
|An act concerning entertainment of strangers.||Edi. 1723, 1752 and 1769.|
|WHEREAS it is frequent with diverse inhabitants of this country to entertaine strangers into their houses without makeing any agreement with the party what he shall pay for his accomodations which (if the party live) causeth many litigious suites, and if the stranger dye lays a gap open to many avaritious persons to ruyne the estate of the person deceased, ffor remedy whereof for the future, Be it enacted that noe person not making a positive agreement with any one he shall entertayne into his house for dyett or storeage shall recover any thing against any one soe entertayned or against his estate, but that every one shall be reputed to entertayne those of curtesie with whome they make not a certaine agreement.|
No recovery for diet or storage unless by positive agreement.
|* This act wholly omitted in Purvis, and the Ch. Cit & P. Rand. MSS. and the title only inserted in edit. 1733 and 1752.|
| This act wholly omitted in Purvis, and the Ch. Cit & P. Rand. MSS. but the whole act inserted in Northb. MS. and edit. 1733, 1752 and 1769|
|An act concerning the Northerne Indians.*||Edit. 1752.|
| UPON serious debate and consideration had of those late troubles,
and the meanes most likely to procure the future peace and safety of the country, It is by
this grand assembly and the authority thereof enacted that the kings of Potomack and all the
rest of the northerne Indians Werowances (a) and Mangais (b) that
have given any cause of jealousie to the English shall, s soone as may be, deliver such hostages
of their children or others as shalbe required; and if they or any of them shall refuse to
deliver such hostages as shalbe required, that nation to be declared as an enemy and proceeded
against accordingly; and if it shall at any time hereafter happen that any Englishman be killed
or hurt, or any wayes injured by any Indian, that nation or nations nearest adjoyning where the
murder or injury shalbe comitted shalbe enjoyned to user their best endeavour to bring in the
Indian or Indians that comitted the offence, or else they to be declared the actors thereof and
proceeded against accordingly, And if any strange Indians whatsoever not tributary to the English
shall at any time come into any of their parts that they imediately raise all their force against
them and take or purse them as enemies, and in case they shall want any assistance from the
English not haveing strength enough themselves, the nation or nations who desire it shall repaire
or sent some of his or their greate men to such officers of the militia as by the honourable the
governour shalbe impowred, and informe him as neare as they can of the number of their enemies,
which officers are hereby required to send such ayd to assist them as by their commission they
shalbe impowred, And further that the king of Potomack and all the rest of the neighbouring
Indians shall hereafter use all their care and diligence in finding the doers and actors
(a) Chief men.
(c) Another name for chief men.
Hostages to be required of the Indians.
Indians nearest to where an Englishman is murd'd to endeav'r to bring in the murderer or declared the actors.
Strange Indi's coming among tributary to be pursued as enemies.
How assistance obtained from the whites.
King of Potomack to pursue late murderers, particularly the Doeggs.
|* This act wholly omitted in Purvis and the Ch. Cit. & P. Rand. MSS. the title only is inserted in edit. 1752, but the act at large in Northb. MS. and edit 1733.|
|of the late murthers and other mischeifes done upon and to the English, and upon intelligence they cause the murtherers (or use their utmost endeavors) to be brought in, and that all the nations joyne and pursue the Doeggs who confessed to be actors in the first murthers to the Occanecheis and Monakins or to any otner [other] place where they have intelligence, they or any of them are, and when they have found them, that they bring them to the English, and alsoe if any of the said Doeggs shall at any time hereafter come to truck or trade with them at any place, that they presently secure them and bring them to the English. And be it further enacted that the king of Potomack be enjoyned not to goe and hold Matchacomico* with any strange nation without knowledge of the aforesaid officers of the militia untill the hostages be delivered according to the tenor of this act; And as we have endeavoured for the future to provide for the safety of the country that such hostages be delivered as shalbe required, soe it is alsoe enacted that the hostages to be delivered shalbe civilly used and treated by the English to whose charge they shalbe delivered, and that they be brought up in the English litterature (a) soe farre as they are capable) and that the care of putting them forth and the disposing of all things belonging to them be humbly referred to the honourable governor who is humbly desired from time to time as he shall see cause to enquire of their usuage, and that they be allowed (if there be not found persons willing to take them otherwise, and educate them as aforesaid) twelve hundred pounds of tobacco a yeare for each hostage for such maintenance and education; and for the Indians assurance under our government, Be it enacted that they shall have equall justice with our owne nation as the laws already made have provided; And it be further enacted that in case any of the said hostages shalbe seduced or carryed away by any Indian, or otherwise depart out of the lymitt prescribed, that any nation enterteyning such hostage or not bringing him back, shalbe held declared and proceeded against as enemies.|
Kg of Potom'k not to counsel with any strange nation until hostages delivered.
Hostages to be civilly treated & brought up in Eng. literature.
Annual allowance to hostages for maintenance & education.
Indians to have equal justice with whites.
Penalty for seducing away hostages.
|(a) 'Literature' in Northb. MS. 'liturgy in edition 1733, but clearly a mistake.|
An act prohibiting servants to goe abroad without a lycense.*
|FOR better suppressing the unlawful meetings of servants, it is thought fitt and enacted by this present grand assembly and the authority thereof that all masters of ffamilies be enjoyned and take especiall care that their servants doe not depart from their houses on Sundayes or any other dayes without perticuler lycence from them, and that the severall respective counties (as they find cause) to take espetiall care to make such by laws within themselves, as by the act dated the third of December 1662, they are impowred as may cause a further restraint of all unlawfull meetings of servants and punish the offenders.||Serv'ts not to go from home with special license from their
County courts enjoined to make by laws prevent'g unlawful meet'gs of servants.
An act for the adjournment of the assembly.
|BEE it enacted that this assembly be adjourned untill the twentyeth of March 1664, unles the honourable governour see cause to call it sooner.||Adjournment of Assembly.|
|Signed by Sir WILLIAM BERKELEY, |
ROBERT WYNNE, Speaker.
(The signature from note to edi. 1733 & 1752.)
|* This act wholly omitted in Purvis, and Ch. City and P. Rand. MSS. and the title only inserted in edi. 1733 and 1752.|
HELD AT JAMES CITY
BY PROROGATION FROM THE (a) OF DECEMBER
 TO THIS 10TH OF SEPTEMBER 1663, 15
CARO. 2D, DEI GRATIA MAGNÆ BRITTANIÆ
The Honourable Sir WILLIAM BERKELEY Knt.
Governor and Capt. General of Virginia.
Captain ROBERT WYNNE Speaker.
|* This is taken from a MS. purchased by Thomas Jefferson, late President of the U. States, from the executor of Richard Bland, deceased, and contains a journal of the proceedings of the last assembly, as is evident not only from the date, but from the matters discussed. Many of the acts of this session grew out of the propositions here submitted.|
|(a) There is a blank in the MS. for the day of the month; and after the word 'December' should be inserted '1662.' See the beginning of the acts of 1663.|
| It appears rather singular that any county should send more than two burgesses, after the act of March, 1661-2, (ante pa. 106) limiting them to that number. Afterwards, by the 7th act of 1669, each county was compelled to send two burgesses. Perhaps the additional number, which appears at this session in the representation of some of the counties, arose from the equity if not the words of the before mentioned act of March, 1661-2 (ante pa. 106) which gave one representative to every county that would lay out 100 acres of land, and people it with 100 tithable persons.|
|Major Edward Griffith and Mr. Walter Chiles sent to the governor to acquaint him that the house was met, and to request him to appoint a time when the house should wait upon him to receive his honourable commands.|
|* Accomack was one of the original counties of Virginia, established in 1634, (see vol. I, p. 224;) afterwards, in 1642-3 its name was changed to Northampton (see vol. I, p. 249;) It being one of the first settlements in Virginia, was called the plantation of Accawmacke, long before counties were laid off; and even after the name as a county sunk into that of Northampton, it was often mentioned by its original name. This is the first appearance of the name among the counties, since the year 1642-3. In Mercer's Abridgment it is stated to have been formed in 1672. Perhaps it then resumed its original name.|
|September 11th, 1663.|
|THE house called, and orders read, a committee was appointed to examine the election of burgesses newly returned.|
|Major Edward Griffith Chairman.|
|The oath of alleagiance, supremacy and burgesse ministred to capt. Peter Jennings, lieut. coll Kendal, Mr. Thomas Lucas, Mr. John Weye, coll. Gerd Fowke, Major Wm. Andrews, Mr. Devoreux Browne, Mr.Hugh Yeo.||Oaths administered.|
September 12th, 1663.
| WHEREAS Mr. John Hill high sheriff of Lower Norfolk hath represented
to the house that Mr. John Porter, one of the burgesses of that county was loving to the Quakers
and stood well affected toward them, and had been at their meetings, and was so far an anabaptist
as to be against the baptising of children, upon which representation the said Porter confessed
himself to have and be well affected to the Quakers, but conceived his being at their meetings
could not be proved, upon which the oaths of allegiance and supremacy were tendred to him which
he refused to take; whereupon it is ordered that the said Porter be dismissed this house.
The house is adjourned till Monday morning.
|John Porter, a member, expelled for his attachment to Quakers, his opposition to baptism of infants, and his refus'g to take the oaths.|
Die Lunœ September 13, 1663.
|A COMMITTEE appointed to consider of the publick affairs.||Public committee.|
|GEORGE the Armenian having proved the making of ten pounds of wound silk it is ordered there be paid him for his encouragement in the levy according to act.||Premium for silk made.|
|JOHN DOLBY procuring certificate that he had made and wove nineteen yards of woolen cloth in Northton county, the assembly hath ordered him the encouragement according to act being tobacco.||Premium for cloth wove.|
|JOHN PITTE producing certificate that he had built a vessel of 28 tuns in the Isle of Wight county, the assembly ordered him the encouragement of accordingly.||Premium for a vessel built.|
|WHEREAS Mr. Theodorick Bland hath produced an account of things sent in for the use of the country by Mr. John Bland. The assembly hath approved the account and ordered that 207 16 9 be paid to the said Mr. Theodorick Bland for the use of his brother John Bland out of the collections in his own hands the year, being the total sum with advance amounts to. And if any errors appear, to be rectified, and whatever the honourable governor and Mr. Bland have made use of to be accountable for it to the standing committee of the whole house, and whatever they have that they will not make use of that they be desired to dispose of and give an account thereof to the committee or assembly, and that a letter of thanks be written to Mr. Bland in England by Mr. Speaker as from the house.||Appropriation for reimburs'g John Bland, in Eng. for his advances
for the colony.|
A letter of thanks.
|WHEREAS colonel Edward Hill received of the county 27 odd money for powder and shot. It is ordered that Mr. Speaker be impowered and desired to call the executors of the said coll. Hill to account for the same and to receive the powder and shot.||Col. Hill's representatives to account for powder and shot.|
|WHEREAS there appeares at present an emergent necessity for raising a guard for the governor councel and assembly. It is therefore ordered that there be twenty men and an officer raised by appointment of the honorable governour to attend his person at all all such times as his honour shall think fit to command them and especially at the general courts and assemblys; Provided that during the session of the assembly half the said guard shall attend upon the burgesses under the command of an officer of their appointment; and it is further ordered that there shall be raised for payment of the said guard 45,000lb. of tobacco, vizt. for each souldier 200 pound, and for the officer 5000 to be continued so long as the assembly shall find occasion.||A guard to be enlisted for the gov. & counsel & the burgesses,
while attend'g the assembly.|
|Conference with commissioners from Maryland, as to the means of improving the staple of tob'o.|
|WHEREAS his majesty of Great Britain, ffrance & Ireland has taken into consideration the present necessities as well of this colony of Virginia as of the province of Maryland belonging to the Lord Baltimore hath by his order of the 29th of June 1662, commanded that commissioners be appointed for each government to meet and consult of the best means of the advancing the only comodities of those countries tobo. We the subscribed commissioners have therefore in obedience to his said majesties royal commands considered several ways of improving the said comodities and have concluded the only best way to be the lessening the great quantities now made which gluts all markets, and of many ways of lessening it, a stint of certain days of planting to be the most if and of easiest practice, and do therefore conclude and agree.|
|First. That it be proposed to the respective assembly of each government that no tobacco shall be planted or sowed in either colony in the succeeding years||Terms of the compact.|
|1664, after the 20th day of June upon such forfeiture and punishment as shall be thought fit by the said assemblys effectual for such restraint, and that the said restraint be continued for one year only unless the said assemblies shall think fit to continue it longer.|
|Secondly. It is agreed on by the commissioners aforesaid that in order to the confirmation of the above said agreements the governour of Maryland shall cause an assembly of that province to meet about the middle of September, and to send the result of the said assembly unto the governour and assembly of Virginia with all convenient speed they may.|
|And lastly, it is concluded on for the mutual satisfaction of both the said governments that the governour and councell of both the said colonies shall be sworn solemly by commissioners appointed on either side to take their oaths to do their utmost endeavours to cause the said law for stinting (if confirmed) to be duly executed according to the true intent and meaning of these propositions.||To be recommended to the legislatures of the respective colonies.|
|This is very earnestly recommended to the consideration of the assembly by the governor and councel of the 16th Septr. 1663.||Recommendation of the governor & council.|
|THOS. LUDWELL Sec.|
|This is by the assembly assented to and ordered to be enacted in case the Marylanders signify their assent by March court next.||Provisionally adopted by the assembly.|
|Test, H. R. C. A. |
(i. e. Henry Randolph, clerk of the Assembly.)
|Propositions humbly presented to this honourable assembly.||Propositions for amendm't of laws.|
|THAT the act that every debtor under execution for debt should be detained in prison until he hath paid the debt in kind be repealed, the reason is||Concerning debtors pay'g in kind.|
|because many times our country comodities being not alwaies ready the creditor takes the advantage of that act and forces the debtor to unreasonable compliance.|
|Secondly, that the act binding men to plant tobacco no longer than the tenth of July in every year be repealed because the people of Maryland have priviledge to plant as long as they please, soe they having such a priviledge and we bound up it will be a great benefit to them and a ruin to us.||Concern'g the planting of tob'o.|
|That the act for planting of mulberry trees may be repealed it being very prejudicial to such as want clear grounds and are not in a capacity at present to fulfill the same without great prejudice, and it is humbly conceived that (if it be beneficial) men as they find themselves in a capacity will fall upon it without constraint.||Concern'g the planting mulberry trees.|
| It is humbly proposed that the acts concerning hides may be enlarged
to calves and deer skins so well as hides, and that a commission throughout the country may be
qualyfied by injunction in the act to receive all proofs that shall be presented them for
detecting those persons that convey hides or skins out of the country contrary to the art and to
give warrants for sumoning witnesses and order to make search for hides and skins.
Calves skins and deer skins included; any perticular justice to send a warrant for search; 3 or more one being of the quorum to take evidences.
|Concern'g the exportation of hides.|
|WHEREAS there is thefts committed dayly on the south side of James river by the Indians, as stealing of hogs, robbing of hedges in the night, stealing tobacco and corn out of the fields, and our neighbouring Indians being taxed therewith, say that it is by the Tuscarodoe Indians which lie skulking about our English plantation and there covertly have underhand dealings with the English and can never be taken by reason the law prohibiting the Indians to come within the English bounds without badges doth only inflict a punishment upon the Indians so coming but no mulct upon the English for not taking such Indians as come in without badges, so by reason of their sinister ends the law is seldom put into execution for prevention of which mischeif or peradventure a greater||Proposition of Col. Scarburg concerning the entertainment of Indians, with't badges.|
| if not timely prevention put a stop to it, it is humbly proposed that if any Indian or
Indians shall be found at the house of any English within the English bounds not having a badge
with him or them according to law, that then the Englishman so entertaining such Indian or
Indians pay the like value as in amerced for the Indians to pay, and the one half of both to the
And I will thank, praise, and go on with them in the work.
|7br. 15th, 1663.|
Thomas Ludwell Sec. presenteth
THAT he being enjoyned by act of assembly to take care that the writts for election of Burgesses be sent into every county that the returns may be timely made and the assembly meet according to appointment which prevents the great expence the county was formerly at, occasioned by the remiss appearance of a greatest part of the house upon pretence that they had not timely notice for such elections, which injunctions he hath hitherto performed, and when he fails he is liable by the said act to such a fine as the house shall please to lay upon him, and on the contrary he is to receive as a reward for his care and expence a hogshead of tobacco weighing three hundred and fifty pounds for every county; he therefore humbly request that the said sum now due unto him by the said act, and which may hereafter be so, may be charged upon the publick and not on each county, which he would not desire if he judged it unreasonable, but on the contrary it appears to him to be the same thing to the country though it be much better for himself, or if any odds be, it is that small counties are releived who as it is now laid do pay as much as the greatest, which if you please to grant him he shall receive it as an especial favour as being,
|Let'r from the secre'ry to the assembly, on the subject of sending out writs for election of burg's; proposing that his compensation be paid by the public, & not by the counties.|
|* At this session, for the first time, the House of Burgesses has been called the House of Commons.|
| 'County' in MS. but it seems that it should be 'country.'|
|September 16, 1663.|
| THE house resolved into a gra. committee while some propositions are
Since rewards for the encouragement of the good are as necessary as punishments for the terror of the cruel.
Whether it be not fit to bestow upon Berkenhead the discoverer of the horred plot some considerable reward for encouragement of the good affections of others to be publick.
Resolved That Berkenhead have his freedom and five thousand pounds of tobacco given him in Gloster county and that his master be satisfied in the said county for his time.
|Propositions in a grand committee.|
A reward of freedom and 5000 lbs. of tobacco to Berkenhead, who discovered the plot of the 13th of September.
| Since the last mercy we receive from Gods hands challenge our dayly
thanks, whether it be not fit for so transcendent a favour as the preserving all we have from so
utter ruin, deserve not to have an annual solemnity celebrated to keep it in remembrance.
Resolved that the 13th of September be annually kept holy, being the day those villains intended to put the plot in execution.
|The 13th of Septemb. to be annually kept as a holy-day.|
| Since the charge the country is yearly at for houses for the quarter
courts and assemblys to sit in would in two or 3 years defray the purchase of a state house.
Whether it were not more profitable to purchase for that purpose then continue for ever at the expence, accompanied with the dishonour of all our laws being made and our judgments given in alehouses.
|Whether it would be more profi'ble to purchase a stateh'se than to pay annual rent, & dishonor themselves by sitting in ale houses.|
|Ordered that Peter Petterson be allowed for building a vessel of 26 pounds the encouragement according to act being 1300 tobacco.||Premium for a vessel built.|
|It is unanimously concluded and assented to by the governor and counsel that the most equal way of paying taxes is by laying a levy upon land and not upon heads; and it is therefore proposed that* the governor and councel unto the house of comons accordingly.||Unanimously determ'd that the most equal mode of taxation is by lay'g a levy on land, and not a poll tax.|
|The house adjourned till to-morrow morning.|
|* 'That' in MS. but quere if it should not be 'by.'|
|September 17, 1663.|
| SINCE the stakes of the old wars about the town are so prejudicial
and dangerous to boats landing.
Whether it be not fit to order the townsmen to pull up all the stakes and not to build new ones in the face of the town.
Whether any councellor having been above a year out of the country shall have the privilege of the exemption of ten persons.
Resolved that in regard the exemption was only for such as did personaly assist as councellours in the country that they who have been a twelve month out of it should have no benefit of that priviledge.
The house adjourned till the afternoon.
|Concern'g the stakes in front of the town.|
Councillors absent'g themselves, not exempted from levies.
| ORDERED to treat with the governor about a state house. Coll.
William Barber, coll. Gerard Fowke, lieut. coll. Kendal, Mr. Thomas Warren, excused for sickness,
Mr. Rawleigh Traverse, Mr. Thomas Lucas.
The order of the 2d of December 1662 is continued to the time the act is.
|Committee to treat concerning a state-house.|
September 19, 1663.
| THE committee appointed to examine the business of the king of
||Committee to examine into the business of the king of Potomack.|
|The house is adjourned till the afternoon.|
| ORDERED that what member soever be absent at the beat of the third
drum on Monday morning shall be fined a hogshead of tobacco.
The house adjourned until Monday morning the third drum.
|Penalty on members absent at the beat of drum.|
|The oath of Burgesses.|
|YOU & every of you shall swear upon the holy evangelist and in the sight of God to deliver your opinions faithfully, justly, and honestly according to the best understanding and conscience for the general good and prosperity of this country and every particular member thereof, and do your utmost endeavour to prosecute that without mingling with it any particular interest of any person or persons whatsoever, so help you God and the contents of this book.||Oath of a burgess.|
|Orders to be observed in the house.||Rules of the house.|
|THAT no burgesse shall absent himselfe from attendance on the house (without the leave first obtained of the house or prevented by sickness) when any matter shall be debated of, but that every member shall keep good order and give good attention to the reading or debating of whatsoever shall be proposed or presented to the consideration of the house; and that every burgesse shall with due respect address himself to Mr. Speaker in a decent manner and not entertain any private discourse while the public affairs are treated off.||Absence.|
Addres, 'Mr. Speaker.'
|2. That every member of this house for each time of his absence upon call of the clerk shall forfeit twenty pounds of tobacco, lawful impediments excepted.||Pen'ty for absence.|
|3. That the first time any member of this house shall be adjudged by the major part of the house to be disguised with drink, he shall forfeit one hundred pounds of tobacco, and for the second time he shall be so disguised, he shall forfeit three hundred pounds of tobacco, and for the third offence one thousand pounds of tobacco.||Intoxication, penalty for.|
|4. That upon debate of any thing proposed by the speaker, the party that speaketh shall rise from his seat and be uncovered during the time he speaketh, wherein no interruption shall be made until he hath finished his discourse upon the penalty of one thousand pounds.||Memb. speaking, to rise from his seat and be uncovered.|
|5. That no irreverence or in (a) form of speech be uttered in the house by any person against another member of the house upon the penalty of five hundred pounds of tobacco.||No personalities to be permitted.|
|6. That to the end of all things may be more orderly discoursed and debated on, no member having once delivered his opinion about any matter proposed, during which time he shall not be interrupted, shall make any further reply about that proposition that time of the debate, that so every one may have liberty to declare his judgment and the confused multitude speaking at once be avoided, upon the penalty of twenty pounds of tobacco.||No member to speak more than once on a proposition.|
|7. The several fines to be disposed of by the major part of the house upon every Saturday in the afternoon.||Fines, how disposed of.|
|8. That every member that shall pipe it after the house is begun to be called over, until adjournment or publick licence by consent of the major part of the house in the vacancy from any business, shall be fined twenty pounds of tobacco.||Penalty for piping it, in the house without leave.|
|(a) There is a blank in the MS. See vol. 1, pa. 508, Where the word 'indigne' is used, in a similar rule.|
|Pages 163-179||Pages 208-228|