|Pages 255-276||Pages 303-325|
BY PROROGATION FROM THE TWENTIETH OF
OCTOBER 1669, TO THE THIRD OF OCTOBER 1670, IN
THE TWENTIE-SECOND YEARE OF THE REIGNE
OF OUR SOVERAIGNE LORD KING
CHARLES THE SECOND.
|Sir W. Berkeley, governor.|
|An act concerning runaways.||Edit 1733 and 1752.|
|WHEREAS the act made the last assembly for encouragement to apprehend runaways hath seemed to be too burthensome to the publique by the greatnes of the summe there granted to the taker of them up, and also defitient in some things very necessary to the restraint of runawayes, upon consideration whereof, it is enacted and ordered by the governour, councell and burgesses of the grand assembly and the authority thereof, that the former act of October, 1669, continue in its full force; but that the summe of one thousand pounds of tobacco therein granted to the taker of them up shall be, and hereby is reduced to two hundred pounds of tobacco, if the runaway be found above tenn miles from his masters house, to be paid by the publique in the county where the party dwells, (if it can be) for every servant of what quality soever; and that the servant not being slave (who are also comprehended in this act) after the expiration of his full tyme due||Purvis 165.|
Reward for taking up a runaway reduced from 1000 to 200 lbs of tobacco.
Slaves comprehended in this act.
|* The commencement taken from Ch. City and P. Rand. MSS. In the Northumberland MS. it is 'Att a GRAND ASSEMBLY held att James Citty, the 3d of October 1670, Annoq. Dni Regis Caroli secundi 20 0.' (But the date is a mistake.)|
|to his master shall serve any person he shalbe assigned to by the assembly or any commissioners from them the terme of ffower months for every two hundred pounds of tobacco paid for them, the said assignee giveing caution to the said commissioners to repay the tobacco to the publique; and the commissioners receiving such caution to retorne it to the county courts, and the county court to the assembly; and that the said runawayes may be the more easily detected, It is further enacted that every master haveing a servant that hath runaway twice shalbe and hereby is enjoyned and commanded to keepe his haire close cutt, and that every such master fayling herein shalbe fined two (a) hundred pounds of tobacco for every time the said fugative shall after the second tyme be taken, the one halfe to the publique, the other halfe to the informer, And for the better preventing such attempts, It is further enacted that every constable into whose hands the said ffugative shall by and commissioners warrant be first committed, shalbe, and hereby is enjoyned by vertue of this act (though omitted in the warrant) to whip them severely, and then to convey him to the next constable (towards his masters home) who is to give him the like correction, and soe every constable through whose precincts he passeth, to doe the like, And that constables may be the more carefull in their office, It is further enacted that every constable in whose custody the said runaway shall be comitted shall give a receite to the constable or party hee receives him from, if the said ffugative shall by negligence of any constable make an escape (to the end such negligence might be discovered) and for his offence pay ffowre hundred pounds of tobacco, halfe to the publique, halfe to the informer, and the fine in the former act of one thousand pounds of tobacco to be reversed, And because such runaways after the expiration of their tyme, may by vertue of their masters certificate remove from the place they dwelt in, and by such concealment defraud the publique of what hath been disbursed for him, It is||Servants after expiration of their time, to serve 4 months for
every 200 lbs. tob'o. paid for apprehending them.|
Servants running away twice to have their hair close cut.
Penalty on masters for neglect.
Every constable, through whose hands a runaway passes to whip him severely.
Constable to give a receipt for runaway.
Pen'ty on constable permitting escapes.
Servants indebted to the public for runaway's fees, to be delivered over to
|* The running title to the acts of this session in edi. 1733 & 1752. is 'Anno vicessimo secundo Caroli secundi regis.'|
|(a) 'One' in Purvis.|
|further enacted that every respective master owner of such servants indebted to the publique, shall imediately after the tyme of such servant is expired deliver him to the next justice who is to deliver him to the sherriffe to be secured till the next county court there to be proceeded with as the law directs, unles such servant can procure suffitient security to pay the penalty layd on him by the act, And that every master giveing a certificate before such delivery of his servant to the justice shall repay the publique whatsoever hath bin disbursed for the recovery of his servant during the tyme he served him.||justice & sheriff, & sold on the expiration of their time; unless
they can procure security.|
Pen'ty on master giv'g a certificate of freedom before delivery to justice.
|Concerning ffences.||Edit. 1733 and 1752.|
|WHEREAS the act ffor ffences doth not suffitiently provide for remedy of those many damages done by unruly horses breaking into corne ffields, It is by the authority of the grand assembly enacted, that the owner of such horses shall be, and hereby is required and enjoyned to take some effectuall course for restrayning them from trespassing their neighbours, from the twentyeth of July till the last of October in every yeare, it being much fitter that rich men who have the benefitt such horses should provide for their restraint, then the poore enjoyned to the impossibility of every high ffences; and if any horse or horses shall at any tyme breake into any corne feild, the ffence being ffowre foote and halfe high, then the owner of such horse or horses, upon proofe of the damage, shall pay for the ffirst trespasse single damages and for every trespasse after double dammages to the party greived; And because question hath been made about the suffitiency of ffences according to the former act, of enjoyning them to be close to the bottome, It is hereby declared that being soe close to the bottome, It is hereby declared that being soe close that nothing mentioned in the former act can creep through is only by that act intended.||Purvis 167.|
Owners of horses to confine them between 20th July and last of October.
For first trespass by horses the owner to pay single damages, & for every trespass afterw'ds double.
What is meant by a fence, close to the bottom.
|Election of burgesses by whome.||Edit. 1733 and 1752.|
|WHEREAS the usuall way of chuseing burgesses by the votes of all persons who haveing served their tyme are ffreemen of this country who haveing little interest in the country doe oftner make tumults at the election to the disturbance of his majesties peace, then by their discretions in their votes provide for the conservasion thereof, by makeing choyce of persons fitly qualifyed for the discharge of soe greate a trust, And whereas the lawes of England grant a voyce in such election only to such as by their estates real or personall have interest enough to tye them to the endeavour of the publique good; It is hereby enacted, that none but ffreeholders and housekeepers who only are answerable to the publique for the levies shall hereafter have a voice in the election of any burgesses in this country; and that the election be at the court house.||Purvis 167.|
(See vol. 1, index title 'Burgesses.')
None but freeholders and house keepers entitled to vote for burgesses.
Elections to be held at courthouses.
|List of tythables to be published.||Edit. 1733 and 1752.|
|WHEREAS many endeavours have been used for the prevention of ffraud in takeing the lyst of tythables, It is hereby enacted for the surer discovery thereof that at the next court after the tenth of June in every county the name and number of tythables in every list taken by the respective justices in the respective precincts lymetted them, be taken by the clerke of the county court, and by him written and sett up at the court doore all that day, to the end that if any concealment have been made, the persons liveing neare them may discover them to the court, and such penalties be inflicted on them as by the former law is enjoyned.||Purvis 168.|
Names and number of tithables to be set up by the cl'k. of court for the better discovery of concealed.
|Noe Negroes nor Indians to buy christian servants.||Edit. 1733 and 1752.|
|WHEREAS it hath beene questioned whither Indians or negroes manumitted, or otherwise free, could be capable of purchasing christian servants. It||Purvis 169.|
| is enacted that noe negroe or Indian though baptised and enjoyned their owne
ffreedome shall be capable of any such purchase of christians, but yet not debarred from buying
any of their owne nation.
|Free negroes & Indians not permitted to buy Christian servants, but may those of their own nation.|
|Certificate for Marriage, how to issue.||Edit. 1733 and 1752.|
|WHEREAS complaint hath beene made that diverse persons to the defeating the law and defrauding parents and guardians of that naturall right and just priviledge in disposing of their children or orphants in marriage, have clandestinely procured the clerke of other counties then that the parents live in, to give them certificates for lycenses, and soe the parents by the inequality of the match dishonoured, and the child ruynated in her fortunes, It is enacted that the act for lycences to issue on certificates from clerkes of the county courts be declared to extend to noe other clerke but of the county, where the maid, her parents or guardian dwell, and that the said clerke of the county shall not grant any such certificate without the personall consent of the parent or guardian, and that in every certificate the clerke shall expressly averre the same, and every clerke that shall grant them otherwise then above expressed shall forfeite his place.||Purvis 169.|
Certificate for marriage only to issue from the cl'k of the county where the parents dwell.
Their personal consent necessary.
Pen'ty on cl'k.
|Litigious Suits.||Edit. 1733 and 1752.|
|WHEREAS diverse litigious suites are commenced meerly out of envy and malice, to the ruyne of diverse poore men by forseing them to a neglect of their domestique affaires, and unnecessary expenses during their attendance at generall courts, It is hereby enacted that in all cases when as the molestation shalbe found to be unjust, the party soe molesting, without cause, may be enforced to pay to that party greived for every day he may reasonably be in going to James Citty, and retorning home thirty pounds of tobacco per day, and for every day of his attendance to answer||Purvis 170.|
Expenses of going to court and attending, besides costs of it, recoverable in litigious suits.
|sixty pounds of tobacco per day, besides his ordinary non-suite allowed by a former act, and costs of court.|
|Commissioners warrants.||Edit. 1733 and 1752.|
|WHEREAS it hath been doubted whether the warrant of any commissioner be of force to constraine a constable of another county to prosecute by hue and cry, or to apprehend and convey runawayes to the next constable, It is hereby enacted and declared that the said warrant directed first to a constable within his owne precincts, and soe from constable to constable shall, for avoyding delay in such necessary persuites, oblige every constable to whome it shall come to the observance and performance of the contents of this percept.||Purvis 170.|
Warrants on hue & cry, or to apprehend & convey runaways, to be executed by all constables in any county.
|Penalties for not returning two burgesses.||Edit. 1733 and 1752.|
|WHEREAS the act for electing two burgesses for each county for want of a ffine hath not had that due observance it ought, It is enacted that every county not sending to every session of assembly two burgesses shall be fined ten thousand pounds of tobacco to the use of the publique.||Purvis 172.|
County failing to send 2 burgesses, fined 10,000 lbs. tobacco.
|Repeale of the act concerning wolves.||Edit 1733 and 1752.|
|WHEREAS the act for encouragement of the Indians to kill wolves and paying their tribute bever, in wolves heads, hath not produced such effects as was hoped and desired, It is therefore enacted that the act concerning the destruction of wolves and paying the encouragement by the publique be repealed, and the former act to remayne in force.||Purvis 171.|
Act XI of Oct. 1669, repealed
WHEREAS there appeares an inconvenience in the act which allowes the duties to be paid in goods, which are found to be unsaleable or perishable, and the loss still brought in ballance to swell high the publique account; It is therefore enacted that it be repealed, and the duties enjoyned to be paid only in mony or good bills of exchange well secured.
|Purvis 171 and Edit. 1733 and 1752.|
Dut's payable only in money or goods bills of exchange.
|What tyme Indians to serve.*||Edit. 1733 and 1752.|
| WHEREAS some dispute have arisen whither Indians taken in warr by
any other nation, and by that nation that taketh them sold to the English, are servants for life
or terme of yeares, It is resolved and enacted that all servants not being christians
imported into this colony by shipping shalbe slaves for their lives; but what shall come by land
shall serve, if boyes or girles, until thirty yeares of age, if men or women twelve years and no
Indians taken in war, & sold by Indians, not to be slaves−−
Servants, not Christians, import'd by shipping, slaves; if by land, to serve a certain term only.
WHEREAS most or all the certificates now presented being brought by the burgesses and others, not actually apprehenders, are very doubtfull, and lyable to greate errors and ffraud, It is hereby ordered
|(Sea ante act VIII. of Oct. 1669.)|
|* The title of this act in Ch. City and P. Rand. MSS. and edi. 1733 & 1752, is, 'An act declaring who shall be slaves;' in Purvis, 'An act concerning who shall be slaves.'|
| This act omitted in Purvis, the Ch. City & P. Rand. MSS. and edi. 1 733 & 1752; but it evidently grew out of the act of October, 1669, ch. 8, ante p. 273.|
|that they be remitted from hence to the respective county courts, there to be deligently enquired into, and all claymes to be sworne to such interrogatories as shalbe offered to distinguish those which are obteyned bona fide from such as are had by colusion, and the result retornable the next assembly by the burgesses; And whereas they found one and the same servant taken up at sundry tymes by sundry persons, It is further ordered that only the ffirst taken up be allowed of it, being presumable that such as runaway more then once are desperate and incorrigible, and soe not careing how farre the country is charged themselves, being run beyond a possibility of reimbursing, and further that if any after their apprehension have made an escape the persons damnified are left to their remedy against the constable, and for better discovery of ffraud. It is ordered that the justices of the respective courts shall put to all claymers these or the like interrogatories, vizt. ffirst, that the claymers did bona fide without any colusion take up the runaway, and whether he knew that the fugative soe taken up at that tyme was an hired servant or not. Secondly, when, where, and at what distance from his masters house the said fugative was apprehended. Thirdly, whither the certificate claymed be purchased, and if soe, for what summe or consideration; ffourthly, whether the claymer be master or overseer of the ffugative. And it is further ordered that if any have presumed to have used any fraud in this matter of runawayes, and shalbe thereof convict before the justices of the respective counties that a ffine of one thousand pounds of tobacco be imposed upon them, and the certificate to be voyd, and if the offender herein is incapable to make such fine, then to have corporall punishment at the discretion of the courts. And whereas the said act of '69 enjoyned the retorne of all certificates should be made to this assembly, It is further ordered that those only shalbe received to examination of the county courts which have been attested by the clerke of the committee.|| Certificates presented for apprehending
runaways to be returned to county courts, there to be examined.|
Only the first taker up to be paid.
Runaways escaping, constable only liable.
Interrogations to be put to claimants.
Penalty for present'g fraudulent claims.
What certificates to be examined by county courts.
WHEREAS there have been severall differences between the county of Northumberland and Lancaster about their bounds, and an order passed that they should remayne as they now are upon record, and a reference thereupon granted to the assembly at the instance of the burgess of Lancaster, who now not shewing any cause for the altering of them, It is ordered that the bounds betweene the said two counties as they now stand upon record be ratified and confirmed.
|(This act omitted in Purvis and all the revisals.)|
Boundaries of Northumberland & Lancaster confirmed.
|Signed by Sir WILLIAM BERKELEY,
ROBERT WYNNE, Speaker.
(Note to edit. 1733 & 1752.)
HOLDEN AT JAMES CITTIE
BY PROROGATION FROM THE THIRD OF OCTOBER 1670,
TO THE 20TH OF SEPTEMBER, 1671; IN THE
TWENTIE-THIRD YEARE OF THE REIGNE
OF OUR SOVERAIGNE LORD KING
CHARLES THE SECOND.
|Sir W. Berkeley, governor.|
|An act prohibiting millers the takeing more then one Eighth part of English graine toll for grinding thereof.||Edit. 1733 and 1752.|
|WHEREAS diverse complaints have been exhibited against the greatnes of toll paid to millers for grinding of corne, for the regulation whereof for the future, Be it enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, and it is hereby enacted and ordayned, that noe miller henceforward shall take for grinding English graine more then one eighth part, and for grinding Indian corne more then one sixth part as formerly, and that every miller exceeding therein shall undergoe such fine and penalty as is imposed by a former act made att James Citty the 23d of October, 1666.||Purvis 172.|
Toll for grinding Eng. grain one eighth, for corn one sixth.
|*The commencement taken from Ch. City & P. Rand. MSS; the acts themselves from Northb. MS. in which the commencement is, 'Att a GRAND ASSEMBLY, held att James Citty, 20th Septr. 1671, Annoq Regni Rs Caroli scdi 21, 0' [But the date of the reign is a mistake.]|
|An act permitting the exportation of wool, hides and iron.||Purvis 173 and Edi. 1733 and 1752.|
|WHEREAS it was hoped that weavers, tanners and smiths would have been encouraged with greater diligence and cheerfulness to have improved their severall callings for the good of the country when they were sencible what tender care was taken for supplying them with materialls for to work upon, in reference to which the exportation of wool, hides and iron was by an act of assembly (continued the three and twentyeth of March, 1661) under greate penalties prohibited, and that act strengthened by diverse others since, but noe successe answering the conceived hopes and apparent losses accrueing to all inhabitants by the refusall of those concerned to buy the comodityes aforesaid, Be it therefore enacted by this grand assembly and the authority thereof that all acts tending to the restriction of selling or exporting of any of the comodities aforesaid stand repealed and every one permitted to make the best he can of his owne comodity.||All acts prohibiting the exportation of wool, hides & iron repealed.|
WHEREAS by an act made the 23d of September 1667, some care was taken for moderateing the rates of liquor sold by ordinarye keepers, but for encouragement of the productions of the country it was permitted to sell beer at ffowre shillings or fforty pounds of tobacco per gallon, syder and perry at two shillings and six pence or twenty-five pounds of tobacco the gallon, Virginia drams at sixteen shillings or one hundred and sixty pounds of tobacco the gallon; it is by this grand assembly thought fitt that those rates
|Purvis 173 and Edit. 1733 and 1752.|
Act VII of Sept. 1667, amended.
|* The running title of the acts of this session in edi. 1733 & 1752 is, 'Anno vicessimo tertio CAROLI secundi regis.'|
|as well as the rates of other liquor be moderated; Be it therefore enacted and ordayned by this grand assembly and the authority thereof that the price of Spanish wines be ten shillings or one hundred pounds of tobacco the gallon, ffrench wines eight shillings or eighty pounds of tobacco the gallon; brandy, English spiritts, or Virginia drams ten shillings or one hundred pounds of tobacco the gallon; beer, syder, or perry two shillings or twenty pounds of tobacco the gallon; beer if brewed in molasses one shilling or ten pounds of tobacco the gallon; and if any one selling liquor by retayle shall presume to exceed these rates to suffer those penaltyes provided and imposed by the former act on this behalfe made and imposed.||Rates of liquors reduced.|
|An act providing how negroes belonging to orphants of intestates shall be disposed of.||Edit. 1733 and 1752.|
|WHEREAS in the former act concerning the estates of person dying intestate, it is provided that sheep, horses, and cattle should be delivered in kind to the orphant, when they came of age, according to the several ages the said cattle were of when the guardian tooke them into his possession, to which some have desired that negroes may be added; this assembly considering the difficulty of procureing negroes in kind as alsoe the value and hazard of their lives have doubted whither any suffitient men would be found who would engage themselves to deliver negroes of equall ages if the specificall negroes should dye, or become by age or accident unserviceable; Be it therefore enacted and ordayned by this grand assembly and the authority thereof that the consideration of this be referred to the county courts who are hereby authorized and impowred either to cause such negroes to be duly apprized, sold at an outcry, or preserved in kind, as they then find it most expedient for preservation, improvement or advancement of the estate and interest of such orphants.||Purvis 173.|
Negroes belong'g to intestate's estates, may be either appraised, sold or preserved in kind, at the discretion of the court.
|An act repealing the act makeing it death for Indians comeing into Henrico county.||Edi. 1733 and 1752.|
| WHEREAS the burgesses of Henrico county have shewed severall
inconveniencies and hazard that may happen by the liberty granted to the English to kill any
Indian comeing within the bounds of the said county, which this assembly takeing into their
serious consideration, have enacted, and it is hereby enacted and ordayned by the authority
thereof that the said act be repealed, and the Indians permitted to come into the said
county as well as others about their lawfull occasions; provided they be noe way
entertayned but by lycense legally obteyned from the right honourable the governour as in other
[See an. p. 237.]
Act making it lawful to kill Indians com'g into Henrico county repealed; and they permitted to come into any county on their lawf. business.
But not to be entertained with't license.
|An act assertaining the sherriffes ffees for arrests.||Edi. 1733 and 1752.|
|WHEREAS complaint hath been made that some sherriffes extorted greater ffees for arrests then were allowed by law, vizt. twenty pounds of tobacco for commitment and releasement, whether the person were imprisoned or not, It is enacted and declared by this grand assembly that the just ffee of an arrest is ten pounds of tobacco, for the bond five pound, and not any thing for commitment or releasement unles the person were actually put in prison.||Purvis. 174.|
Sheriff's fees for arrests ascertained.
WHEREAS nothing can tend more to the advancement of a new plantation either to its defence or prosperity, nor nothing more add to the glory of a prince then being a gratious master of many subjects, nor any better way to produce those effects then the inviteing of people of other nations to reside.
|Purvis 175 and Edi. 1733 and 1752.|
|amonge us, by communication of priviledges, Be it therefore enacted and ordeyned by this grand assembly and the authority thereof, that any stranger desireing to make this country the place of their constant residence, may upon their petition to the grand assembly, and takeing the oaths of allegiance and supremacy to his majestie be admitted to a naturalization, and by act thereof to them granted be capable of ffree traffique and trading, of takeing up, purchasing, conveying, deviseing and inheriteing of lands, and of all such liberties, priviledges, immunities whatsoever, as a naturall borne Englishman is capable of; Provided that the benefitt of such naturalization be confined and esteemed to extend only to the government of Virginia, beyond which this grand assembly pretend to noe authority of warranting its suffitiencie, Be it tharefore enacted by the authority aforesaid, that the ffee for every naturalization be eight hundred pounds of tobacco to the speaker, and ffowre hundred to the clerke of the assembly.||How strangers may be naturalized.|
Fee for naturalization.
HELD ATT A JAMES CITTY
SEPTEMBER 20TH, 1671 ANNOQ. REGNI RS. CAROLI
|UPON serious and materiall deliberation of the present condition of the fforts built in the severall rivers in this country, It is ordered by this grand assembly that noe further reparation shall be made of the fforts already built in the country, but what shalbe suffitiently done with brick, unles in such places where the expence of a smaller matter may prevent a demolishing, until such tyme as the stock of the respective associations shall amount to considerable a summe, as may render them capable to erect substantiall structures of brick; that in the meane tyme each assotiation make choice of some responsible person or persons in whose hands the monies arriseing by ffort duties may be required to give suffitient security to the commissioners of the assotiation intrusting or impowring him or them to collect the same, to render them a just account whenever required, and to make payment of the monies received according to their order; And it is ordered that all such officers as attend upon the fforts be either continued or discharged at the discretion of each assotiation; and because there hath bin such discontinuance of the meeting of the commissioners appointed to take care of the concernes of the fforts, and in this tyme some dead, some departed out of the country, It is ordered that upon the dayes hereafter named there be in each assotiation a meeting of the commissioners in case of whose death or absence the county court for that commissioner they serve, are hereby impowred||Forts not to be repaired but with brick, except in small
Associat'ns to appoint a receiver of fort duties, who is to give security.
Officers either continued or discharged at the pleasure of the associat'n.
Vacancies in commissioners of forts, how supplied.
|* This appears to be a resolution of the assembly, which is not to be found in Purvis or any of the MSS. of this period, except the Northumberland.|
|and required to make choice of others, according to act of assembly, to consult and determine of a person or persons to be treasurer or treasurers of that assotiation, and of all matters incident to the full putting this order in effectuall execution, and the act of assembly to which it relates, by the result of which commissioners or the major part of them, or such person or persons as shalbe deputed, all things aforesaid are from time to time to be acted and ordered.|
| Ordered that the commission of the associations, vizt. James Citty
ffort doe meet at the ffort the
day of and in case of bad weather
the day following.
Of Nansamond ffort doe meet at the same ffort the 6th of November next, and in case of bad weather the day following.
Of Yorke ffort doe meet at the same ffort the day of and in case of bad weather the day following. The same for Potomack the 20th November and Rapahanack the same day.
|When to meet.|
| Whereas there hath beene raised, of late, ten thousand pounds of
tobacco per ann, sallary pretended due from the country for auditing the sherriffs accounts of
the publique levy, by virtue of a commission from his majestie, which this assembly conceiving to
be surreptuously procured, and the sallary soe imposed very prejudicial to the properties of the
people, have ordered and hereby doe order that for the ffuture the sherriffs and
collectors render accounts of their collections of the publique levy to the county courts, and
that thenceforward noe such be levyed by the publique.
Be it enacted that this assembly be adjourned to the 20th of October 1672; and likewise the general court.
|Salary allowed for auditing sheriff's acc'ts of public levy
Sheriffs to render acc'ts of their collections to county courts.
|Signed by Sir WILLIAM BERKELEY,
ROBERT WYNNE, Speaker.
(Note to edit. 1733 & 1752.)
HOLDEN AT JAMES CITTIE
BY PROROGATION FROM THE TWENTIETH OF SEPTEMBER
1671, TO THE TWENTY-FOURTH OF SEPTEMBER 1672, IN THE TWENTIE-FOURTH YEARE
OF THE REIGNE OF OUR SOVERAIGNE
LORD KING CHARLES THE
WHEREAS for the necessary defence of the country and security of the ships and vessells tradeing thereto, it hath been enacted that sundry fforts should be built in convenient places in the rivers which accordingly have beene effected: but for as much as the materialls wherewith the said fforts were built, were not substantiall nor lasting, some have suffered an utter demolishment, some very ruinous, and some with small charge are capable of reparation; this grand assembly takeing the same into their serious consideration and desirous as much as in them lyes to provide for the safety of this his majesties country, soe far forth as the present capasity thereof will admitt, hath thought fitt to ordayne and enact, and it is hereby enacted and ordayned by the governour, councell and burgesses of this grand assembly and the authority thereof that the fforts on all the rivers be substantially built with brick in all such places where the demolishment or ruine of
|Edit. 1733 and 1752.|
Forts to be built & repaired with brick.
|* The commencement taken from the Ch. City and P. Rand. MSS. the acts themselves from the Northb. MS. in which the commencement is, 'Att a GRAND ASSEMBLY held att James Citty the 24th day of Septr. Anno Dni. 1762, Annoq Regni Rs Caroli Scdi. 24 0.'|
|the former fforts shall require to be built anew, and that those fforts that are capable of being repayred shall also be done with brick, and that the commissioners of the respective assotiations doe take care that this act be put into speedy and effectuall execution; and whereas the monies ariseing from the ffort duties have beene designed to remaine in stock for the use of the respective fforts, which at present is not suffitient to defray this charge of building and repayreing, Be it further enacted by the authority aforesaid, that it shall and may be lawfull for the commissioners of each assotiation, and they are hereby fully authorized and impowred to assesse and levye so much tobaccoes in their respective counties as shalbe wanting and needful for the repayring and building of their respective fforts as aforesaid.||Commiss'ners of forts authorised to levy additional quantities of tobacco on their counties, to defray the expense.|
|And whereas the act of 1667 hath provided for the management and comand of the fforts, It is further enacted by the authority aforesaid that this additionall be thereunto made, vizt. that upon all alarms, or sudden invasions, or occasions, in the absence of the major general the next colonell or adjacent commander to any ffort shall draw downe of his regiment, his or their company, as companyes suffitient for the defence thereof, till further orders of the superior officers. And for as much as against all tymes of danger it ought to be the care of all men to provide that their armes and habiliments for war, be alwayes kept fixed and fitt for service, and that armourers and smyths may be encouraged to worke, It is enacted by the authority aforesaid, that the commissioners of the respective associations shall and doe assertaine the rates for the worke of armourers and smyths and such artificers; and for the prevention of the great trouble that usually accrues to artificers in collecting severall small parcells in payment for worke done, that the said artificers shall take from under the hand of those for whome they worke and returne the same to the commissioners aforesaid, which accounts by them shall alsoe be retorned, and rated by them into their respective countie courts, when the levy is laid, the artifficers to|| In case of alarm, the next officer in
command to repair with his men to the fort, in absence of the commander in
Armourers & smiths to be provided.
|* The running title to the acts of this session in edi. 1733 & 1752, is, 'Anno vicesimmo quarto Caroli secundi regis.'|
| be paid entire by the counties and the countyes reimburst by the persons for whome the
worke was done; and that the said artificers may not delay people which repaire to them with
their armes be strictly enjoyned under a fine to be imposed by the said commissioners to lay
aside all other worke to goe about this of armes.
And whereas it hath beene a frequent evill practice of many men upon sight of ship or vessell newly arriveing to goe on board not knowing whether they be ffriends or enemies, by meanes whereof opportunity hath beene given and taken by the enemies to obtaine intelligence to the greate prejudice of the country, for prevention whereof for the future, Be it enacted by the authority aforesaid that it shall not be lawfull for any canoe, boate, or sloope to goe on board any ship or vessell that shall arrive into any parts of Virginia before the said ship or vessell send on shore, and thereby are known what they are: and if any shall offend in this kind, each canoe or boate shalbe amerced fowre hundred pounds of tobacco and caske, and sloope one thousand pounds of tobacco and caske, to be recovered by action of law, the one moyety to the use of the county where the offence shalbe committed, and the other moyety to the informer; but if servants onely have the rule of such canoe, boate or sloope they to receive corporall punishment of fforty lashes, but redeemable by the ffines aforesaid; provided alwayes that this clause of the present act for preventing intelligence to the enemy doe and shall continue in force during tymes of war and noe longer.
|To repair arms in preference to all other
Pen'ty for going on board a vessel before they send on shore, & it be known whether they are friends or enemies.
This clause to continue only in time of war.
|An additionall act concerning orphants estates.||Edi. 1733 and 1752.|
|WHEREAS the 66th act of the grand assembly holden at James Citty the 23d of March 1662, hath laid downe sundry rules unto the county courts for the management and secureing the estates of orphants; now for as much as it hath beene manifested to this assembly that some courts haveing endeavoured to dispose of some estates of orphants according to the act, have not found any persons willing to take and secure them in manner and forme as that law requires||Purvis 177.|
[See an. p. 92.]
|this grand assembly takeing the same into their consideration, and desirous that such an expedient might be provided that in such like cases neither the courts nor the orphants may be prejudiced, have thought fitt that an additional act be made thereto; Be it therefore enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, that it shall and may be lawfull for the county courts to dispose of orphants estates according to the best of their judgments and advantage of the orphants in such cases where the said the said courts cannot find persons will take orphants estates according to the afore recited act.||County courts to dispose of orphans' estates to best advantage, where no person will take them, subject to the restrictions of the former act.|
|An act concerning tythables borne in the country.||Edit. 1733 and 1752.|
|FOR the better discovery of what persons borne in this country are and ought to be accounted tythables, and the ages of the younger better known, Be it enacted by the governor, counsell and burgesses of this grand assembly and by the authority thereof that all persons who are appointed by the county courts to take the lyst of tythables, in each county shall take an account of all negro, molatto, and Indian children, within their severall precincts, and the masters and owners of such children are to make appeare upon oath or evidence the ages of them. And that all negro, and molatto children, and slaves that shalbe borne in this country, shall by their respective masters or owners within twelve months after their birth be registred in the parish register with their exact ages, and in default thereof, the said master or owner shall pay levy for them that yeare, and soe yearely till such register be made; And it is further enacted by the authority aforesaid, that all negro women borne in this country shall be accompted tythable at sixteene yeares of age.||Purvis 178.|
List of negroes mulattos and Indians, and their ages to be taken by persons appointed by the county courts.
To be registered in parish register.
In default thereof, the owner to pay levies.
Negro women tithable at 16.
|An act lymiting how long accompts shall be pleadable.||Edit. 1733 and 1752.|
|FOR the prevention and avoyding of many suites and controversies it hath seemed convenient to||Purvis 179.|
|this grand assembly to lymitt a tyme beyond which accompts may not be pleadable, for as much alsoe as there is a law which admitts noe bills pleadable after five yeares, Be it therefore enacted and ordained, and it is hereby enacted and ordained by the governour, councell and burgesses of this grand assembly and the authority thereof that accompts shall not be pleadable after three yeares by any person liveing in this country, and not after five yeares by any person that shall lay any clayme by accounts out of this country; this act not relateing any thing to the act concerning accounts against dead mens estates.||Actions on accounts limited to three years by residents, & to
5 years by non-residents.|
Nor to extend to acc'ts ag'st dead men's estates.
|An act concerning servants sould for the custome.||Edit 1733 and 1752.|
|WHEREAS it hath beene the practice of diverse servants who have bin sould for the custome, after the departure of the ships wherein they arrived, and persons who sold them to produce or pretend indentures for shorter tymes, whereupon divers disputes have arrisen betweene the said servants and their masters; for the prevention whereof for the future, Be it enacted by the governour, councell and burgesses of this grand assembly and the authority thereof that every servant who comes in presumeable without indentures and soe sold for the custome, shall by his master be brought before some justice of the peace to declare whether he hath any indenture or not, if the servant shall alledge he hath, but cannot as then produce it, the said justice in this case shall assigne him one months tyme, within which if the servant faile to produce it, he shall be barred from his clayme by reason of any pretended indenture whatsoever.||Purvis 180.|
Servants sold, as without indentures, to be carried before a justice, and 1 month allowed to produce them, or forever barred.
WHEREAS it hath beene very usuall with many masters of ships to take tobaccoes on board after they have cleared with the collector, whereby the
|Purvis 180 and Edit. 1733 and 1752.|
|publique is often defrauded of the duties; for prevention whereof, be it enacted by the governour, councell and burgesses of this grand assembly, and by the authority of the same, that all collectors shall upon clearing of ships not full, take bond with suffitient security of the masters to make due entry upon oath of all tobacco they shall take on board after their clearing and to pay the country dues for the same before their departure, and that all collectors shall render the accounts of their whole collection upon oath if thereunto required.|| Masters of ships to give bond, to enter
on oath & pay duty for all tobacco taken on board after clearance.|
Collectors to acc't on oath.
|An act for suppressing of vagabonds and disposeing of poore children to trades.||Edit. 1752.|
|WHEREAS severall wholesome lawes and statutes have by the wisdome of severall parliaments of England beene made and are in force as well for the suppression of vagrants and idle persons as setting the poore on worke, the neglect of which lawes amongst us hath encouraged and much encreased the number of vagabonds idle and desolute persons, Be it enacted and it is hereby enacted and ordained by the governour, councell and burgesses of this grand assembly, and the authority thereof, that the justices of peace in every county doe put the lawes of England against vagrant, idle and desolute persons in strict execution, and the respective county courts shall, and hereby are impowred and authorized to place out all children, whose parents are not able to bring them up apprentices to tradesmen, the males till one and twenty yeares of age, and the females to other necessary imployments, til eighteene yeares of age, and noe longer, and the churchwardens of every parish shalbe strictly enjoyned by the courts to give them an account annually at their orphants court of all such children within their parish as they judge to be within the said capacity.||Purvis 181 and edit. 1733.|
(See note to edi. 1733.)
Justice to put in execution laws of Eng'd ag'st vagrants.
County courts bo bind out p'r children to trades.
Church ward's to render an acc't of such annually.
|An act for the apprehension and suppression of runawayes, negroes and slaves.||Edit. 1733 and 1752.|
|FORASMUCH as it hath beene manifested to this grand assembly that many negroes have lately beene, and now are out in rebellion in sundry parts of this country, and that noe meanes have yet beene found for the apprehension and suppression of them from whome many mischeifes of very dangerous consequence may arise to the country if either other negroes, Indians or servants should happen to fly forth and joyne with them; for the prevention of which, Be it enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, that if any negroe, molatto, Indian slave, or servant for life, runaway and shalbe persued by warrant or hue and crye, it shall and may be lawfull for any person who shall endeavour to take them, upon the resistance of such negroe, mollatto, Indian slave, or servant for life, to kill or wound him or them soe resisting; Provided alwayes, and it is the true intent and meaning hereof, that such negroe, molatto, Indian slave, or servant for life, be named and described in the hue and crye which is alsoe to be signed by the master or owner of the said runaway. And if it happen that such negroe, molatto, Indian slave, or servant for life doe dye of any wound in such their resistance received the master or owner of such shall receive satisfaction from the publique for his negroe, molatto, Indian slave, or servant for life, soe killed or dyeing of such wounds; and the person who shall kill or wound by virtue of any such hugh and crye any such soe resisting in manner as aforesaid shall not be questioned for the same, he forthwith giveing notice thereof and returning the hue and crye or warrant to the master or owner of him or them soe killed or wounded or to the next justice of peace. And it is further enacted by the authority aforesaid that all such negroes and slaves shalbe valued at ffowre thousand five hundred pounds of tobacco and caske a peece, and Indians at three thousand pounds of tobacco and caske a peice, And further if it shall happen that any negroe, molatto, Indian slave, or||Purvis 181.|
Runaways either negro, mulatto, Indian slave or servants, resisting may be killed or wounded.
Master indemnified by the public, & person killing not to be questioned.
Value of such negroes, &c.
|servant for life, in such their resistance to receive any wound whereof they may not happen to dye, but shall lye any considerable tyme sick and disabled, then alsoe the master or owner of the same soe sick or disabled shall receive them from the publique a reasonable satisfaction for such damages as they shall make appeare they have susteyned thereby at the county court, who shall thereupon grant the master or owner a certificate to the next assembly of what damages they shall make appeare; and it is further enacted that the neighbouring Indians doe and hereby are required and enjoyned to seize and apprehend all runawayes whatsoever that shall happen to come amongst them, and to bring them before some justice of the peace whoe upon the receipt of such servants, slave, or slaves, from the Indians, shall pay unto the said Indians for a recompence twenty armes length of Roanoake or the value thereof in goods as the Indians shall like of, for which the said justice of peace shall receive from the publique two hundred and fifty pounds of tobacco, and the said justice to proceed in conveying the runaway to his master according to the law in such cases already provided; This act to continue in force till the next assembly and noe longer unlesse it be thought fitt to continue.||Negroes, &c. wounded and lingering, their owners to be
Reward to neighbouring Indians for apprehending runaways.
|An act concerning Swamps and Marshes.||Edit. 1733 and 1752.|
|WHEREAS many inconveniencies may arise to severall inhabitants of this country who have land adjoining to swamps, marshes, and suncken land unpattented if any others who are disjoyned from the same may be admitted presently to take up and patent them, This grand assembly takeing the same into their consideration and being willing mens very conveniencies be preserved to them, from which in this case they need not depart but by their owne default, have enacted and ordained, and it is by the governour, councell and burgesses of this grand assembly and the authority thereof enacted and ordained, that it shall not be lawfull for any person whatsoever to take any marshes, swamps, or suncken lands, adjoyning to any||Purvis 183.|
Owners of lands adjoin'g swamps, marshes or sunken gr'nds, to have one year's notice before any other person can take it up.
|mans land but shall first give notice to the owner or owners of the land to which it adjoyneth, who shall have one yeares tyme to resolve whether he or they will take up the same or noe, and in case, at the expiration of that terme, the owner or owners of the land adjoyning to the said marsh, swampe, or suncken land (a) shall then refuse to survey and pattent the same, it shall then be lawfull for the ffirst person who gave notice as aforesaid to survey and pattent the same according to law.|
|An act shewing how farre mens estates are pleadable against their estates if dead.||Edit. 1733 and 1752.|
|WHEREAS it hath beene controverted whether noates charged on persons by a man in his life tyme, are pleadable after his decease; for the determination whereof, the governour, councell and burgesses of this grand assembly have enacted and ordained, and by the authority aforesaid it is enacted and ordayned, that all such noates shalbe pleadable, if by comparing of hands or otherwise it shall appeare to have beene the act of the decedent, and the person who claymes make oath of the justnesse thereof, and that he hath not received satisfaction for the same or any part thereof, Provided alwayes it be sued for withing twelve months after the parties deceased and within three yeares at most after the date of the note. (b)||Purvis 184.|
Actions maintainb. on notes of dec'd. persons, provided the claimant make oath of the justice of the debt, & the action be bro't within 1 year after the parties dec. & 3 months after the date of the note.
|(a) 'Land, marsh or swain' in Purvis.|
|(b) 'Of this act' Purvis; but 'of the note' in Northb. and Ch. City and P. Rand. MSS.|
An act for Naturalization of Joshua Mulder, Henry Weedick and others.*
| WHEREAS at a grand assembly holden at James Cittie the twentieth day
of September, in the twentie third yeare of the reigne of our Soveraigne lord the King that now
is, and in the yeare of our Lord God 1671, it was enacted and ordained that any strangers
desireing to make this country the place of theire constant residence might upon their petition
to the grand assembly, and takeing the oaths of allegiance and supremacy be admitted to a
naturalization; whereupon Joshua Mulder, Henry Weedick, Christopher Regault, Henry ffayson
Vandoverage, John Mattoone, Dominick Theriate, Jeremy Packquett, Nicholas Cock, Henry Waggamore,
and Thomas Harmenson, aliens making humble suite as aforesaid, It is therefore enacted by the
governour, councell and burgesses of this grand assembly, and the authoritie thereof, that
the said Joshua Mulder, Henry Weedick, Christopher Regault, Henry ffayson Vandoverage, John
Mattoone, Dominick Theriate, Jeremy Pacquett, Nicholas Cock, Henry Waggamore, and Thomas
Harmenson, and every of the bee, and are by vertue hereof, and the afore recited lawe whereupon
this is grounded, are capeable of free traffique and tradeing, of takeing up and purchaseing,
conveying, deviseing and inheritting of lands and tenements, and from henceforth bee, and are
declared, deemed and holden in all constructions of law, stated, vested, and indulged with all
priviledges, liberties and immunities whatsoever relateing to this collony, that any naturall
born Englishman is capable of according to the true intent and meaning of the said act.
Be it enacted that the assembly is adjourned till the first of October next.
Certain pers's naturalized.
Their privileges the same as natural born Englishmen.
|Signed by Sir WILLIAM BERKELEY,
ROBERT WYNNE, Speaker.
(Note to edit. 1733 & 1752.)
|* This act omitted in Northb. MS. but it is inserted in Ch. City & P. Rand. MSS. and the title is preserved in edi. 1733 & 1752.|
|Pages 255-276||Pages 303-325|