|Pages 229-254||Pages 277-302|
HOLDEN AT JAMES CITTIE
|THE TWENTY-THIRD DAY OF SEPTEMBER 1667; AND
IN THE NINETEENTH YEARE OF THE REIGNE
OR OUR SOVERAIGNE LORD KING
CHARLES THE SECOND.
|Sir W. Berkeley, governor.|
An act for fortes to bee built in each river.
|Act VII. of Purvis & edit. 1733 and 1752.|
|WHEREAS the late invasion of the enemy and the surprisall of severall ships in James river hath made too plaine a demonstration of the inevitable necessity of erecting fforts, which if longer neglected or deferred would encourage the attempt of the most despicable enemy to make incursions and prey upon us, discourage our friends from adventuring to relieve us, and render us to all that are concerned in us, inexcusably guilty of being most supinely negligent of our owne preservation, the prevention of which in the future having bin the maine endeavour of this assembly they have considered that to build a ffort at Point Comfort would produce little to the ends proposed, because seated in a place where is almost an equall difficulty of procureing materials to erect it and of men to||(The title only of this act in Purvis.)|
|* The commencement taken from the Ch. City and P. Rand. MSS. the acts themselves from the Northumberland MS. in which the commencement is, 'Att a GRAND ASSEMBLY held att James City the 23rd Septr. 1667, Annoq Regni Regis Caroli scdi. 19, 0.'|
| In Purvis, and Ch. City and P. Rand. MSS. the 'third' simply; but in Northb. MS. and edit. of 1733 & 1752, the 'twenty-third.'|
| In Purvis and Ch. City & P. Rand. MSS. and EDI. 1733 & 1752, this is arranged as the 7th and last act of this session; but I have here published it as arranged in the Northumberland MS. in which it wants a title; but the title is taken from the Ch. City & P. Rand MSS.|
|guard it and defend it when built, besides a ship or ships comeing in with a ffaire wind and tide opportunity being seldome omitted by any that goe on such designes, with the hazard of one or two shott have as much liberty to prey upon the ships or country as if there were noe fort there, or if it could secure James river can add nothing to the preservation of the shipps in other rivers, which must either continue subject to the present danger or by rideing under the protection of that ffort draw this inconvenience upon all merchants to forsake their accustomed places of trade; and by that means leave not only the greatest part of the country destitute of supplyes but put the merchant to an excessive charge besides the hazard of bringing his tobacco on ship-board, which being equally in the care of this assembly, the governour, counsel and burgesses thereof humbly conceiving that his majesties commands were cheifly entended for the preservation of all ships trading into this country, and that it wilbe more for the honour of the country, the encouragement of merchants, the convenience of commerce, the safety of shipps arriving here, have therefore enacted, and it is enacted by the authority aforesaid, that the severall fforts be fforthwith (vizt.) before the last of April next, at the furthest, erected and ffinished, (to say) at James river one, in Nansamond river one, in York river one at Tindalls Point, in Rapahanack river at Corotoman one, in Potomack river at Yeohocomico one, within command of which fforts all ships trading to those respective places may conveniently, and in all probability securely ride and load; And be it further enacted, that the said ffort at James City shall be built at the proper and sole charge of the counties of James City, Surry, Charles City and Henrico; the fort at Nansamond, by the counties of Isle of Wight, Nansamond, Lord Norfolk, Elizabeth City and Warwick; the ffort at Tindalls Point at the proper and sole charge of the counties of York, Gloster and New-Kent; the ffort at Corotoman at the proper and sole charge of the counties of Lancaster and Rapahanack; and the ffort at Yeohocomico at the proper and sole charge of the||Forts, where to be erected.|
At the charge of what counties built.
|* The running title of this session in edit. 1733 and 1752, is, 'Anno decimo nono Caroli secundi regis.'|
|counties of Northumberland, Westmoreland and Stafford. And for the better putting the premisses into speedy and effectuall execution it is further enacted, that the county courts of the respective associations shalbe and are hereby authorised enjoined that as soon as possible to convene in their respective counties and make choice of two such persons as they shall thinke fittest, to entrust and comissionate them with full power to carry on the worke, which persons soe impowred as commissioners by the county courts, are to meet together at such times and places as are hereafter mentioned, (vizt.) the commissioners of the association of James City on the 26th of this instant October, at James City, the commissioners for the association of Nanzemund on the 23d of October, at Mr. Husses plantation in Nanzemond, the commissioners for the association of York river, the 21st of October, at the house of John ffleete, near Tindalls point; The commissioners for the association of Rapahannock the 29th of October at major Balls house, the commissioners for the association of Potomack river the ffirst of November at Mr. Nich. Owens house at Cherry Point, then and there to consult, advise and determine of the most expeditious wayes and meanes to erect and finish the said fforts, taking care that in every ffort there be a court of guard and a convenient place to preserve the magazine; that each ffort be capable of eight greate guns at the least, the walls ten foote high and towards the river or shipping tenn foote thick at least. And that the commissioners soe appointed in each association or the major part of them shall be and are hereby impowred to appoint overseers and by their warrants to impower the said overseers (if occasion be) to impress workmen, labourers, provisions and all other things and materialls necessary to carry on the work; And the said commissioners or the major part of them to sett a rate upon the same and generally to act and doe all things herein mentioned or not mentioned that may conduce to the expediting and perfecting the said fforts within the tyme lymitted in this act; And if the owners of the lands shall refuse to give ground on which to build the said fforts, then the ground to be made use of and valued according to an act of this assembly for land for erecting churches, &c. And it is||Commiss'ners to be appoint'd by the county to superintend the
Where to meet.
Dimensions of forts.
Commiss'ners may appoint overseers, who may impress workmen and materials.
Land, how to be condemned.
|further enacted that for the better guarding and secureing the said fforts there be maintained in each of them by the proportion of the ffort duties that shall be due to each association, and a levy upon the respective counties if that suffice not, a constant guard of a gunner and ffoure men, and that the major generall be desired to appoint out of the nearest adjacent parts to the fforts for the better defence of it upon any alarme; And it is further enacted that for the defraying the charge of the said worke the county courts or the major parte of them are hereby impowred either by themselves or such others as they shall appoint to lay the levies for satisfying the charges that shall accrew thereupon, towards which the monies due to the public are equally to be distributed to each association; And that the commissioners appointed by the county courts or the major parte of them are hereby impowred from time to time to order and appoint the receiving of the ffort duties that shalbe paid by the ships within their respective lymitts; and to the end there may be noe neglect it is further enacted that if any county court ffaile of makeing choice of their commissioners timely enough for them to meete at the days prescribed, the court soe delinquent shalbe fined tenn thousand pounds of tobacco, and every commissioner soe appointed fayling to meet at the day (lawfull impediments of sicknes, wind and weather excepted) or afterwards neglecting his duty shall be fined three thousand pounds of tobacco; Each artificer neglecting or deserting the work for every default ffoure hundred pounds of tobacco, and each labourer neglecting, two hundred pounds of tobacco, or if not able to pay the fine to be whipped with twenty lashes.||Guard, how obtained.|
County c'ts to lay levies for the expenses of the forts.
Pen'ty on c'ts, commiss'ners and workmen for neglect.
|And because it is in vaine to provide fforts to secure ships unles they ride under their command it is further enacted that all shipps and vessells tradeing in this country in any of the said rivers shalbe and are hereby enjoined to ride under the protection and command of the said fforts; and moreover that for the better supply of persons remote from the said ffort and riding of shipps noe ship or vessell comeing in and rideing there shall breake bulke or sell any goods or servants before they have rode at the said place of their moareing ffive days within which time they are to enter||Ships to ride under protection of forts.|
|their ships and take out their license to trade, without which they may not breake bulke or sell as aforesaid, though their days herein lymitted be expired; And if they breake bulke or sell before such lycence be obtayned, each master presuming soe to doe to be fined 20000lbs. tobacco to be recovered by the collector and paid halfe to the informer, halfe to the ffort they ride under. Always provided that the ships rideing under the ffort of Yeocomico in Potomack river be not restrayned from breaking bulke the days lymitted in this act. Provided also that vessels without guns may after entry made by the governours speciall lycence ride in other part.|
WHEREAS there is an order at present in force requireing all tobacco though of Maryland groweth shipped in ships rideing in any harbour of Virginia should pay the impost of two shillings per hogshead; And whereas at present the inhabitants of the southside of Potomack river are inforced for releife of their present necessities to lay out or ship the greatest part of their tobacco in shipps riding in the government of Maryland, for which, as is paid, they are to pay the like duties of two shillings per hogshead as is paid for Maryland tobacco shipped on ships riding in Virginia, Be it enacted by the governour, councell and burgesses of this grand assembly, that for releife of the said inhabitants of Virginia, who are otherwise likely to pay double duties, that noe tobacco of the growth of Maryland, though laden in ships rideing in any harbour in Virginia shall be lyable to pay any Virginia duties from the date of this act untill the ffirst of October, which shall be in the yeare 1668, nor after, if the next assembly find cause to continue itt.
|Act 1. of Purvis & edi. 1733 and 1752.|
Tob'o. of Maryland though laden in Virginia not subject to pay duties.
|Provided also that if the governour of Maryland doe lay an impost upon Virginia tobacco shipped in ships in their harbours, then this act to be absolutely voyd and null, and all tobacco of Maryland growth laden aboard any ship in Virginia to pay duties as formerly.||Provided that the governm't of Maryl'd lay no duties on tobacco of Virginia laden there.|
|Provided also that if any person shall ffraudulently send aboard any ship in Virginia any tobacco of the growth of Virginia and pretend the same to be of the growth of Maryland, intending thereby to defraud the country of their dues, he shall forfeite the tobacco soe laden and concealed.||Penalty for fraudulently evading this act.|
WHEREAS some doubts have risen whether children that are slaves by birth, and by the charity and piety of their owners made pertakers of the blessed sacrament of baptisme, should by vertue of their baptisme be made ffree; It is enacted and declared by this grand assembly, and the authority thereof, that the conferring of baptisme doth not alter the condition of the person as to his bondage or ffreedome; that diverse masters, ffreed from this doubt, may more carefully endeavour the propagation of christianity by permitting children, though slaves, or those of greater growth if capable to be admitted to that sacrament.
| Act II of Purvis & edit. 1733 and 1752.|
Baptism does not alter the condit'n of the person as to freedom or bondage.
WHEREAS it would conduce much to the convenience of this country, both for the grinding of corne and of neerer roads if mills were erected at convenient places which diverse persons would willingly doe, if not obstructed by the perversenesse of some persons not permitting others, though not willing themselves to promote soe publique a good; It is enacted by this grand assembly that if any person willing to erect one or more mills upon convenient places hath land only on one side the said place, and the owners of the land on the other side shall refuse to let him have an acre of his land to the end aforesaid, that
|Act III of Purvis & edit. 1733 and 1752.|
How an acre of land may be condemned for the abuttm't of a mill dam.
|then the county court upon request of the party soe refused, shall order and impower two of their commissioners, or such other credible persons as they shall think fitt to view the said land, and if it take not away howsing, orchards, or other imediate conveniences, then to value the said quantity of land and to put the same into the possession of the party building the said mill or mills, he paying the consideration the land is valued at; And it is further enacted that the like liberty shall be granted for two acres of land and noe more for erecting churches or courthouses; Provided that in case of desertion of any such structure, the land shall revert to the first proprietor he paying what he received for itt.|
Not to take away houses, orchards, &c.
Also 2 acres for courthouses & churches.
When to revert to the 1st proprietor.
WHEREAS the dispatch of busines in this country is much obstructed for want of bridlewayes to the severall houses and plantations. It is enacted by this grand assembly and the authority thereof, that every person haveing a plantation shall, at the most plaine and convenient path (a) that leades to his house, make a gate in his ffence for the convenience of passage of man and horse to his house about their occasions at the discretion of the owners.
| Act IV. of Purvis & edit. 1733 and 1752.|
A gate thro' the fence, to be made at the most convenient path, to every man's house.
WHEREAS by the violence of the late storme, many barnes have beene blowne downe, and the corne therein endamaged by the raine, many ffences overthrowne and the corne within them after the tempest by that meanes devoured by cattle and hoggs, on which occasion it may justly be expected that a
|Act V of Purvis & edit. 1733 & 1752.|
|(a) 'Place in Purvis and Ch. City and P. Rand. MSS.|
|greate penury should ensue, ffor prevention whereof as much as may be, it is enacted by this grand assembly and the authority thereof, that noe graine, pule, meale or bread shalbe exported out of this country from the date of this act untill the five and twentyeth of October, 1668, in any ship or vessell trading hither, and for their surer restraint a clause shall (by those appointed to grant lycences for trade) be inserted into their bonds that they shall not buy any of the said graine, pulse, meale, or bread more than for the necessary expence of themselves and company during their abode in this country, and their voyage to the next port; and any merchant or master of any ship or vessell that shall directly or indirectly receive or suffer to be received aboard his ship or vessell, any graine, pulse, meale or bread contrary to the intent of this act, shall forfeite his said ship, vessell and goods, one halfe to the use of the publique, the other to the detector or informer, and for better prevention hereof, it is further enacted, that every master wanting provision as aforesaid for the use of himselfe and company shall make the collector (from whome he received his lycense to trade) acquainted with his occasions, and he shall have power to grant him permission to buy soe much as may be suffitient for him, upon sight of which permission it shall be lawfull for any to sell him the quantity therein expressed and not otherwise; the seller still indorseing the quantity sould, and being lyable to be put to his oath he sold him noe more; and if it shall be proved by confession or legal conviction that any one hath sold to any master of ship or merchant any graine, pulse, &c. without such lycence he shall be fined one thousand pounds of tobacco for each bushell soe sold, and each master, merchant or other person by the appointment that shall under colour of his permission buy more then is allowed, besides the losse of the goods, shalbe fined the like summe; provided that it be lawfull for the inhabitants of the province of Maryland first makeing oath before a magistrate and giveing caution that what they buy shall not be carryed out of the capes to carry away and purchase graine, pulse, meale or bread for the necessary supply of the wants of that province, any thing in this act to the contrary notwithstanding.||Exportation of grain, pulse, meal & bread prohibited, in
consequence of the late storm.|
How provisions for the use of vessels may be obtained.
Penalty for evading his provision.
Inhabitants of Maryland may be supplied for their own consumption.
WHEREAS most persons haveing busines at general or county courts are soe exacted upon by the excessive and exorbitant rates imposed by ordinary keepers on their dyet and drinke, that many times terrifyed by the charge, they are forced either to desist from prosecuting their just claimes, or ruyne themselves by the charge, the remedy whereof being oftentimes endeavoured, and this assembly resuming the same into their consideration, have thought fitt to enact, and be it enacted by this present grand assembly and the authority thereof that noe ordinary keeper shall have lycence granted him to keep an ordinary or to sell victualls or drinke before they have given bond with good caution not to sell either victualls or drinke at greater rates then hereafter mentioned, viz.
| Act VI of Purvis & edit. 1733 and
Ordin'y keepers not to be licens'd till they have given bond not to exceed legal rates.
Rates of diet and liquors.
|The two last haveing the greater rates to encourage any thing that is the produce of the country, and if any ordinary keeper in contempt of this law shall presume to sell at greater rates then aforesaid, he shall upon complaint and proofe thereof pay for the first offence one thousand pounds of tobacco, for the second have his lycence taken away and forfeite the penalty of his bond, one halfe to the informer, the other halfe to the use of the country.||Penalty for exceeding legal rates.|
| Signed by Sir WILLIAM BERKELEY, |
ROBERT WYNNE, Speaker.
(Note to edit. 1733 & 1752.)
HOLDEN AT JAMES CITIE
BY PROROGATION FROM THE 23d SEPTEMBER, 1667.
TO THE SEAVENTEENTH OF SEPTEMBER 1668;
AND IN THE TWENTIETH YEARE OF THE
RAIGNE OF OUR SOVERAIGNE LORD
KING CHARLES THE SECOND.
|Sir W. Berkeley, governor.|
|An act for establishing a ffast.||Edit. 1733 and 1752.|
|WHEREAS the many sins of this country may justly provoke the anger of Almighty God against us, and draw down his judgments upon us, unles diverted by a timely and hearty repentance, the governour, councell and burgesses of this grand assembly takeing the same into their serious consideration, have enacted and doe by these presents enact that the 27th day of August next be sett apart for a day of humiliation, hereby strictly requireing all persons on that day to repaire to their respective parish churches, with fasting and prayers to implore Gods mercy and deprecate the evills justly impending over us; And be it further enacted that if any person or persons in contempt hereof shall be found on that day working, gameing, or drinking (workes of necessity only excepted) he or they soe offending, upon presentment of the churchwarden and proofe thereof made to the vestry|| Purvis 157.|
Fast day appointed.
Penalty for working, gaming or drinking upon.
|* The commencement taken from Ch. City and P. Rand. MSS. In the Northumberland MS. it is 'Att a GRAND ASSEMBLY held att James Citty Septr. 17th 1668, Annoq. Regis Caroli scdi. 20'|
|shalbe fined by them one hundred pounds of tobacco, halfe to the informer, halfe to the poore of the parish, And it is further enacted that all ministers in the parishes where they reside be required to prepare themselves for solemnizing that day.||Duty of ministers.|
|The injunction of ships to ride under the ffort dispensed with.||Edit. 1733 and 1752.|
|WHEREAS the act for erecting fforts enjoynes all ships tradeing into this country to ride within the command of the fforts now erected, for security of the said ships in time of warr and danger, and since God hath restored unto us the blessing of an universall peace, by which the necessity occasioning that injunction is taken away; The governour, councell and burgesses of this assembly, for the ease and convenience of the inhabitants and traders, have enacted, and doe by these presents enact, that lycence and liberty shalbe, and hereby is granted to all merchants or masters of any ship or vessell that already is, or hereafter shall come into any river of this country to ride with their ships in any parte of that river they shall make choice of, for better dispatch of their affaires and this permission to continue in force untill the governours honour find just cause to command the contrary.||Purvis 157.|
In consequ'nce of an universal peace, ships permitted to ride at anchor any where.
|About Appeales.||Edit. 1733 and 1752.|
|WHEREAS the present act about appeales seeming to take care only of the damages susteyned by creditors in actions of debt, is deficient (a) in||Purvis 158.|
|* The running title to the acts of this session in edi. 1733 & 1752 is, 'Anno vicessimo CAROLI secundi regis.'|
| In Purvis, the title of this act is, 'An act concerning damages in appeals;' in Ch. Citty and P. Rand. MSS. 'An act about damages on appeals.'|
|(a) 'Difficult' in Purvis, and Ch. City and P. Rand. MSS.|
|prescribing a remedy in actions of the case, trespasse, &c. by which impunity litigious persons doe more boldly persist in stirring up and prosecuting malitious and unjust suites, to the great trouble, vexation and damage of many honest men, and the breach of his majesties peace, for redresse whereof, It is enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, that in all actions, the damages, costs and reasonable expences of suites recovered against the appellant in the county court by judgment or verdict of a jury, shall give 50 percent raised upon all those costs and damages, in the general court, or assembly if appeales be made from the general court, against the person appealing if cast in the suite.||Damages on all appeals, as well as in debt, raised to 50 per cent on the costs and damages recovered in the inferior courts.|
|About Runawayes.*||Edit. 1733 and 1752.|
|WHEREAS it hath been questioned whether servants running away may be punished with corporall punishment by their master or magistrate since the act already made gives the master satisfaction by prolonging their time by service, It is declared and enacted by this assembly that moderate corporall punishment inflicted by master or magistrate upon a runaway servant, shall not deprive the master of the satisfaction allowed by the law, the one being as necessary to reclayme them from persisting in that idle course, as the other is just to repaire the damages susteyned by the master.||Purvis 158.|
Corporal punishment inflicted on a runaway servant, no exemption from further service.
WHEREAS the prudence of all states ought as much as in them lyes to endeavour the propagation and encrease of all manufactures conducing to the
|Purvis 159, & edi. 1752.|
(This act comitted in Purvis, & the tit. wanting in Northb. MS.
|* The title of this act in Purvis, Ch. City and P. Rand. MSS. and edi. 1733 and 1752, is, 'An act about correction of runaways.'|
|necessityes of their subsistance, and God having blessed this country with a soyle capable of producing most things necessary for the use of a man, if industruously improved, It is enacted by this grand assembly and the authority thereof, that for the better converting wool, fflax, hempe, and other comodities into manufactures, and for the encrease of artificers n the county, that the commissioners of each county court, with the assistance of the respective vestries, of the parishes in their counties, shalbe and hereby are impowred to build houses for the educating and instructing poore children in the knowledge of spinning, weaving, and other useful occupations and trades, and power granted to take poore children from indigent parents to place them to worke in those houses.||County courts assisted by vestries, empowered to erect work houses and place poor children therein to be instructed in spinning, weaving, &c.|
|WHEREAS the number of horses and maires is soe encreased that there appeares not any occasion to continue the restraint of their exportation, It is enacted by this grand assembly and the authority thereof, that the exportation of horses and mares shall be from henceforth free, and the act prohibiting it repealed.||Exportation of horses & mares permitted, and act prohibit'g if repealed.|
|Negro women not exempted from tax.||Edi. 1733 and 1752.|
|WHEREAS some doubts, have arisen whether negro women set free were still to be accompted tithable according to a former act, It is declared by this grand assembly that negro women, though permitted to enjoy their ffreedome yet ought not in all respects to be admitted to a full fruition of the exemptions and impunities of the English, and are till lyable to payment of taxes.||Purvis 159,|
Negro women though emancipated liable to pay taxes.
|* In Purvis and Ch. City and P. Rand. MSS. and edi. 1733 & 1752, the title of this act is, 'An act permitting the exportation of horses and mares.'|
|Marking tobaccoe doth transferre the property.||Edit. 1752.|
|WHEREAS some questions have been made whether weighing, or marketing, or both, transferred the property of tobacco, some persons haveing both by weight and marke received, and by the alteration of their owne occasions have after refused the tobacco soe received, and upon pretence of non-acceptance (haveing the specialties still in their hands) have recovered judgments for sums that justly were discharged, therefor be it enacted by this grand assembly and the authority thereof, that markeing alone (being the usuall way of appropriating all things) without weighing doth transferre the property of the tobacco to him that setts, or causeth to be sett his marke upon itt; And that for assertaining the summe paid, if the receiver hath not convenience to weigh it when he markt it, then he that pays it, may after ten dayes respite, desire any commissioner of that county to weigh the tobacco or cause it to be weighed, and the attestation of the said commissioner or oath of the person or persons by him deputed shall oblige the creditor to discount or allow the quantity.||Purvis 159 and edit. 1733.|
Creditor receiving and marking tobacco, compelled to admit it in payment.
If marked by receiver, may be weighed by a justice.
|About Ordinaries.*||Edit. 1733 and 1752.|
|WHEREAS the excessive number of ordinaryes and tipling houses set up for the advance of a private gaine, are found to be full of mischeife and inconvenience by cherishing idlenes and debaucheryes, in a sort of loose and carelesse persons who neglecting their callings mispend their times in drunkennesse, and haveing once contracted debts beyond their abilities of payment make escapes out of the country to the detriment of the publique the losse of their perticuler creditors, and often induce a charge upon the parish||Purvis 160.|
|* The title of this act in Purvis and Ch. City and P. Rand. MSS. and edi. 1733 & 1752, is, 'An act for restraint of tippling houses.'|
| where they lived, Bee it enacted and declared that the commissioners of each
county be required to take speciall care for the suppressing and restraint of the exorbitant
number of ordinaries and tipling houses in their respective counties, and not to permitt in any
county more then one or two, and those neare the court house, and noe more, unles in publique
places, as ports, fferryes, and greate roades, where they may be necessary for the accommodation
of travellers, according as the said courts shall find the necessityes of their counties require;
And further, that the commissioners take good security for those to whome lycenses are granted to
conforme themselves to the lawes, and that all persons keeping tipling houses without lycence
shalbe fined two thousand pounds of tobacco, halfe to the informer, halfe to the county for each
time he offends.
The assembly and next general court is adjourned to the ffive and twentyeth day of September next, unlesse the governour see occasion to call it sooner.
|Not more than 1 or 2 ordinaries to be licensed in a county, and
those near the c'thouse; except at ports, ferries & great roads.|
Good security to be taken of those licensed to conform to laws.
Penalty for keeping a tippling house without license.
HOLDEN AT JAMES CITTIE
|BY PROROGATION FROM THE SEAVENTEENTH OF
SEPTEMBER, 1668, TO THE TWENTIETH OF
OCTOBER 1669; IN THE TWENTIE FIRST
YEARE OF THE RAIGNE OF OUR
SOVERAIGNE LORD KING CHARLES
|Sir W. Berkeley, governor.|
|An act about the casuall killing of slaves.||Edi. 1733 and 1752.|
|WHEREAS the only law in force for the punishment of refractory servants (a) resisting their master, mistris or overseer cannot be inflicted upon negroes, nor the obstinacy of many of them by other then violent meanes supprest, Be it enacted and declared by this grand assembly, if any slave resist his master (or other by his masters order correcting him) and by the extremity of the correction should chance to die, that his death shall not be accompted ffelony, but the master (or that other person appointed by the master to punish him) be acquit from molestation, since it cannot be presumed that prepensed malice (which alone makes murther ffelony) should induce any man to destroy his owne estate.||Purvis 161.|
Slave resisting his master, or other by his master's order correct'g him, if killed, not felony.
|* The commencement take from Ch. City and P. Rand. In the Northb. MS. it is, 'Att a Grand Assembly held att James Citty by prorogation from Septr. the 17th  to October 20th 1666, Annoq Dom. Rs Caroli Scdi. 19 0.' (But the date is a mistake.)|
|(a) 'Persons' in Purvis.|
|Against importation of Horses and Mares.||Edit. 1733 and 1752.|
|WHEREAS the last assembly partly to restraine the numerous increase of horses now rather growing burthensome then any way advantagious to the country, partly to encourage trade, did permit that mares might be exported, this assembly takeing care that both the ends might be advanced as aforesaid, have enacted, and by these presents do enact, that noe horses or mares after the last of December next, shall be by any person or persons imported or brought into this colony, from any other plantation of government whatsoever; and that if any person or persons shall contrary to the intent of this act, by any wayes or meanes, bring into this country, and horse or mare, after the last of December aforesaid, the sherriffe of the county, into which they shall be brought, is hereby strictly required and enjoyned to make present seizure of the said mares or horses for the sue of the publique, and to render an accompt thereof to the next assembly and out of the valew the moyety thereof to be allowed to the informer.||Purvis 161.|
No horses or mares to be imported.
If imported may be seized by the sheriff, for the use of the public, and a moiety of the value paid to the informer.
|Re-examination of orders in the county courts.||Edit. 1733 and 1752.|
|WHEREAS the 27th act of assembly, March the 23d, 1661, prescribes a way of examination of orders in the general courts, but noe mention made of the county courts; It is hereby enacted that the course in that act prescribed for the general courts, shall be strictly observed in the county courts, and the county court omitting according to that act to examine and signe their orders shall be fined for each omission 1000lbs. of tobacco, whereof the sherriffe shall give accompt to the next assembly who are to dispose the same to the use of the publique.||Purvis 162.|
Act for examining & signing orders in gen. court, extended to county courts.
Penalty for neglect.
|* The running title to the acts of this session in edi. 1733 & 1752 is,'Anno vicessimo primo CAROLI secundi regis.'|
|ffee of a dedimus potestatem.||Edit 1733 and 1752.|
|WHEREAS the act granting the takeing out comission of dedimus potestatem omitting the ffee hath caused great extortion in diverse clerks, It is enacted that a ffee for a dedimus issueing from the general court may be assertained at ffifty pounds of tobacco, and in the county court at twenty five pounds of tobacco each comission.||Purvis 163.|
Clerks' fee for a dedimus potestatem in gen. and co'ty c'rts.
WHEREAS the act for encouragement of Virginia owners exempts them from the paying of the two shillings per hogshead, It is enacted that they be also exempted from paying the castle duties for their greate encouragement.
|Purvis 163 and Edi. 1733 1752 and 1769.|
Virginian owners exempted from castle duties, as well as the 2s. per hhd.
|Encouragement for Silke.||Edit. 1733 and 1752.|
|WHEREAS the advancement for the makeing of silke will undoubtedly tend greately, as to the present honour and reputation, soe to the future great benefitt and profitt of the country, It is enacted that the former encouragement of ffifty pounds of tobacco for every pound of wound silke be allotted as formerly out of the publique.||Purvis 163.|
Former premium for making silk revived.
|Two burgesses for each county.||Edit. 1733 and 1752.|
|WHEREAS severall inconveniencies have arisen by the act giveing liberty to the counties to chuse one or two burgesses at discretion as the retarding the busines at the house when those single burgesses are||Purvis 164.|
Each county compelled to send two burgesses.
|upon committees, or of any suite of their owne, or difference between diverse parishes of the counties, or have their appearance hindred by sicknes or otherwise, in all which occasions the county that sends, or parte of it are deprived of the priviledge of their representative, It is enacted that each county after this present session shalbe enjoyned to returne two burgesses for the better service of the publique.|
WHEREAS diverse good lawes have been made to prevent runaway servants which have hitherto in greate parte proved ineffectuall, cheifly through the wickednesse of servants who at and before their arrivall plott and contrive how they may ffree themselves from their master, by running to neighboring plantations, and partly by the remisnes of some planters who are soe farre from apprehending these knowne runawayes that some have given them assistance and directions how to escape, to the ruyne of many masters of ffamilies, who have not servants enough left (whome he can trust) to follow and pursue those runawayes, and others unconcerned for want of a certaine reward will not endeavour to apprehend and retorne them to their masters: Be it therefore enacted that whosoever apprehends any runaways whither servant by indenture, custome, or covenant, not haveing a legall passe, by those in every county that shall be appointed to give passes, or a note from his master, shall have a thousand pounds of tobacco allowed him by the publique, which tobacco shall be repaid by the service of the servant to the country when free from his master, and by the hired ffreeman imediately after expiration of his covenant to the man that apprehends, and this greate good which is hoped for can be noe prejudice by this act to any man nor to the publique, who will insencibly disburse that which the poore master is oftentimes not able to doe, nor to the servants, who if they keep within the bounds of their duty, are in noe way damnified by the severity of this
|Purvis 164 and Edi. 1733 and 1752.|
(The title only of this act in Purvis.)
Reward for taking up a runaway, to be paid by the public and reimbursed by the service of the servant.
|act, and it is hoped they will be soe when they know soe many spies are upon them, And be it further enacted that he that takes up such runaway is hereby enjoyned ffirst to carry him before the next justice who is to take cognizance of his good service, and to certifye it to the next assembly, and then to deliver him to the constable of the parish where that justice dwells, who is to convey him to the next constable, till he be retorned to his master, and that each constable upon receipt of such runaway give his receipt, and if escape be made from any constable, the delinquent constable to pay one thousand pounds of tobacco; and for the reimburseing the publique with the tobacco disbursed to the taker up, It is hereby enacted that the courts of that county wherein the servant served his tyme be empowred to make sale of the servant, and be accomptable to the next assembly. And this sale to be made after all tyme of service due to the master by indenture, or judgments expired, and this act being only encouragement for the apprehender, doth not at all repeale the clause of any act prescribing the meanes of reimbursing the charge expended in their conveyance to their master.|
Runaway when apprehended, how to be dealt with.
Duty of constables.
When servant may be sold to reimburse the public.
SINCE it is most evident that the inhabitants of this country doe receive dayly damage by wolves, and noe fitt way or temper yet found for the destruction or diminishing of them, It is enacted that the Indian tributaries be enjoyned and assessed to bring in a certaine number annually, that is to say:
|Purvis 164 & Edit. 1733 and 1752.|
(The title only of this act in Purvis.)
Tributary Indians to bring in a certain number of wolves heads annually.
Proportions to certain counties.
|And for the putting this act into effectuall execution, It is enacted by this grand assembly that the county courts doe appoint a certaine person or persons in their counties to receive from the respective Indians, assigned them as aforesaid, the heads which are to be brought in by these Indians, and to keep a just accompt of the number, and to present to the said court such as are deficient to doe, and neglect to bring in their due number, against such, viz. against the greate man of the towne, the said court to issue out summons for his appearance to shew cause for his or their default, and to warne them to fulfill their number, but if after such warning given as aforesaid, the said Indians shall neglect and be wanting in their number, the court shall transmitt the contempt to the next assembly for a further remedy, And it is further enacted that for what number soever of wolves heads shalbe brought to the persons appointed aforesaid, over and besides the number perticularly assessed on the townes such person appointed as aforesaid shall pay the Indian for every head to the full and just value of one hundred pounds of tobacco and caske, of all which heads as well those imposed on the Indians, and the supernumeraries, as those that are killed by the English, the accompts to be annually presented to the county courts who are to transmitt them to the assembly there to be charged on the publique levies for||County courts to appoint commissioners to receive
Indians neglecting, how proceeded against.
Reward to the Indians.
Amount transmitted to assembly to be charged on the levy.
|that yeare; and such as pay for the heads as aforesaid, and English that kill them to be paid and reimbursed out of the publique levye of their county; alsoe those persons that receive the wolves heads from the Indians, and that grant certificates (as accustomed to the English) are to cause the eares to be cut from off the wolves heads to prevent deceite; and that the magistrate granting certificate to the English, doe administer oath that the heads of wolves they bring in were not killed or taken by the Indians. And that the clerke of the assembly forthwith give notice to the respective counties whereto the Indians are to bring in the heads that the county courts may give suffitient notice to the Indians according to the intent of this act.||Ears to be cut off the wolves heads.|
|It is further enacted by the assembly that upon the retorne of the accounts of wolves heads at the next assembly, It be then considered what satisfaction shalbe made the right honourable the governour in lieu of the wolves heads brought in on the account of his tribute; & because some lawes prohibite the Indians from comeing among the English, the governour is requested by his commission to lycence them in any county desireing to employ them||Compensation to gov. in lieu of wolves heads, on acc't of his
Gov'r. may license Indians to come in any county.
|Signed by Sir WILLIAM BERKELEY,
ROBERT WYNNE, Speaker.
(Note to edit. 1733 & 1752.)
|Pages 229-254||Pages 277-302|