|Pages 277-302||Pages 326-340|
|BY PROROGATION FROM THE 24TH DAY
1672, TO THE 20TH OF OCTOBER, ANNOQ. REGNI
RS CAROLI SCDI, DEI GRATIA ANGL.
SCOT FRANC ET HIBERNIA RS FIDEI
DEFENSORIS, &c. ANO DNI 1673.
To the glory of Almighty God and publique weale of this his majesties colony of Virginia, were enacted as followeth:
|Sir W. Berkeley, governor|
|An act for establishing the dowers of widdows.||Edit. 1733 and 1752.|
|WHEREAS many doubts have arisen concerning the estates of person dying intestate, and of what parte thereof ought to appertaine to the widdow; for the cleareing whereof, Be it enacted by the governour, councell and burgesses of the grand assembly, and the authority thereof, that where persons dye intestate, the widdow shalbe endowed with the third part of the reall estate to bee equally divided as to houseing, ffenced grounds, orchards, woods, and other valuable conveniencies, dureing her naturall life, and the third part of the personall estate, if there be but one or two children, but if there be any number of children more, how many soever, in that case the personall estate to be devided amongst the widdow and all the children share and share alike; and in case the husband make a will that he hath it in his power to devise more to his wife then what is above determined, but not lesse.||Purvis 185.|
Widow of intestate to be endowed of 1-3 the real estate equally to be divi'd, for life; & the third of the personal estate, if only 1 of 2 chil'n: but if more, only a child's part.
Husbands may give more but not less than prescribed by this act.
|* The commencement, and the acts of this session, taken from the Northumberland MS.|
|An act providing for the supply of armes and ammunition.||Edit. 1733 and 1752.|
| FOR the better supply of the country with armes and ammunition,
Be it enacted by the governour, councell and burgesses of this grand assembly and by the
authority thereof, that the captaines of ffoote and horse in each county doe take a strict
and perticuler account of what armes and ammunition are wanting in their severall companies and
troops, and represent the same into their respective colonells, at the next county courts after
January next, but if there be not any colonell of horse within the county, then the captains of
horse to represent their said wants imediately to the county court, into which courts at their
next session following the colonells aforesaid are by this act enjoyned to retorne and represent
the wants of the militia in their said county as they shall receive the same from their
subordinate officers as aforesaid; and if any captaine of ffoote or horse, or colonell of any
regiment shall faile to performe his or their respective duty herein, he or they shalbe fined;
namely, every captain one thousand and colonell two thousand pounds of tobacco: And be it
further enacted by the authority aforesaid, that the perticuler county courts be impowred,
and they are by vertue hereof authorized and impowred upon their respective counties to lay and
raise a levy for the provideing of armes and ammunition for supplying the wants aforesaid, that
is to say, muskitts and swords for the ffoote, and pistolls, swords and carbines for horse, as
alsoe for every lysted souldier at the least two pounds of powder and six pounds of shott, the
said armes and ammunition by the courts provided as aforesaid to remaine in the hands of the
officers of the militia for them to dispose of the same as there shalbe occasion; and that those
to whome distribution of armes and ammunition shalbe made doe pay for the same at a reasonable
rate, to be collected by the sherriffe or collector as in the case of levyes and publique
Capt's of foot and horse, to report state of arms & ammunition to colo's or the court.
Colonels to report to courts.
Penalty for failure.
County courts provide arms & ammunition.
Muskets, and swords for the foot.
Pistols, swords & carbines for the horse.
Powder and shot for each.
Soldiers to pay for their arms & ammunition at a reasonable rate, to be collected as levies.
|* The running title of the acts of this session in edi. 1733 & 1752 is, 'Anno vicessimo quinto CAROLI secundi regis.'|
|dues, to the use and towards the reimbursement of the county; and if any court or courts shall faile in their duty to provide, within one yeare after such presentment made by the officers of the militia aforesaid of their wants aforesaid, for the full supplying thereof in manner aforesaid, be fined tenn thousand pounds of tobacco to be paid, as alsoe the other ffines to be imposed by this act, to the use of the respective counties, and that the burgesses of the severall counties be required and enjoyned to give an account into the assembly how this act is put in execution.||Pen'ty on co't for neglect.|
|An act for the better putting into execution the act for processions.||Edit. 1733 and 1752.|
|WHEREAS it hath beene represented to this assembly that the act for processions hath beene hindred to be put in execution for that the asserteyning of orphants land is not thereby provided for; Be it therefore enacted and ordained by the governour, councell and burgesses of this grand assembly, and by the authority of the same It is enacted and ordained, that the lands of orphants be alsoe comprized in that act (that is to say) when difference shall happen to arise concerning the bounds of orphants lands, and that the said difference cannot otherwise be determined, nor the bounds of the adjacent lands discovered, that then such orphants land be laid forth by two honest able surveyors in presence of the neighbourhood and two such men as shalbe appointed by the county courts on the behalfe of the orphants and the charge thereby accruing to be susteyned in manner following, vizt. the orphant to pay one halfe of the survey of his owne land, and the owner or owners of the adjacent lands whose bounds are thereby alsoe assertained, the other halfe, to the whole charge of surveying his or their owne lands.||Purvis 187.|
How orphans' lands to be surveyed.
Charges of, how paid.
|An act for the advancement of the manufactory of fflax and hempe.||Edit. 1733 and 1752.|
|FORASMUCH as it much conduceth to the well being of any country that the necessities thereof be supplyed from their owne industry within themselves, and that the lesse they have occasion for from abroad, the lesse wilbe their dependance on forreigne supplies whereof the calamity of warr and other accidents may prevent them; and whereas this assembly takeing into their serious consideration the low and contemptable price we are allowed for our tobaccoes, occasioned cheifely by the greate quantityes yearely made, hath thought fitt, if it may be to abate from the quantity by advanceing the more usefull and necessary manifactory of fflax and hemp, and in order thereunto have enacted and ordained, and it is by the governour, councell and burgesses of this grand assembly and by the authority of the same enacted and ordained, that the respective county courts within this colony doe, at the cost and charge of their counties, at or before the twentyeth day of October which shalbe in the yeare 1675, procure one quart of fflax and one quart of hempe seed for every tythable person within their countyes and the same cause to be distributed amongst the inhabitants, and that the courts failing to procure the said fflax seed and hempe seed, and thereof make distribution in manner as aforesaid, be fined five thousand pounds of tobacco; And it is further enacted by the authority aforesaid that every tythable within this colony the next yeare after the said distribution, doe make or cause to be made one pound of drest fflax and one pound of drest hempe, or two pounds of either, and soe yearely and every yeare, under the penalty of ffifty pounds of tobacco for every pound of fflax or hempe neglected to be made as aforesaid, the same to be paid by such master, owner or overseer of any ffamily or company of servants, or other tythables, that shalbe found defitient in the premises; and for the better discovery of such neglect and defitiency that all masters, owners or overseers who have the charge of ffamilyes, companyes of servants, and other tythables||Purvis 188.|
County courts to provide and distribute one quart of flax & hemp seed to each tithable.
Penalty for neglect.
Each tithable to make 1 lb. of flax and hemp or 2 lbs. of either annually.
How quantity ascertained.
|at the tyme of laying the levy in their county, doe produce unto those persons who are appointed to take the lysts of tythables, in each county, the said quantities of fflax or hempe, or either of them, by this act enjoyned to be made, and the same deliver upon oath, that it is of his owne growth.|
|An act concerning tradesmen and artificers to pay levyes.||Edit. 1733 and 1752.|
|FOR explanation of the lawes which have seemed to exempt artificers &c. from paying levyes, Be it enacted and ordained by the governour, councell and burgesses of this grand assembly and by the authority thereof, that noe tradesman, merchant, or any artificer whatsoever above the age of sixteene yeares be exempted for the future from the payment of any levyes, any act or custome or usuage to the contrary notwithstanding.||Purvis 189.|
No tradesman merch't or artificer exempted from payment of levies.
|An act permitting the counties of the Isle of Wight and Lower Norfolke to erect each of them a ffort.*||Edit. 1733 and 1752.|
|FORASMUCH as the counties of the Isle of Wight and Lower Norfolke have petitioned by their burgesses that they might be admitted to build and erect each of them a ffort, and one in Warwick-querke Bay, the other in Elizabeth River; Be it therefore enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, that the said countyes by, and with the consent of the people at their owne costs and charges doe erect, or cause to be erected at each of the places aforesaid a fort, and that it may be lawfull for that assotiation, or any other that|
Counties of Isle of Wight and L. Norfolk permitted to erect a fort each.
|* This act wholly omitted in Purvis, but the title inserted in editions 1733 and 1752.|
|will joyne with the said countyes, or either of them, to contribute towards the charge of erecting those fforts, or either of them in the places aforesaid; Provided alwayes that neither the said counties, nor either of them, nor any of those that shall contribute towards the said fforts be thereby severed and alienated from their assotiations. And it is further enacted by the authority aforesaid, that if any ship or ships be willing to come into the said bay or river within protection of those fforts, that they may there ride without impeachment by any act, law or usuage, except the kings majesties espetiall command to the contrary notwithstanding.|
Not to affect the associat'n.
An act for the naturalization of John Peterson, Rowland, Anderson and others.*
|WHEREAS at a grand assembly holden at James Cittie the twentieth day of September, in the twenty-third year of the raigne of our Soveraigne Lord the King that now is, and in the yeare of our Lord 1671, it was enacted and ordained that any stranger desireing to make this country the place of their constant residence, might upon their petition to the grand assembly, and takeing the oaths of allegiance and supremacy be admitted to a naturalization. Whereupon John Peterson, Rowland Anderson, Michaell Vanlandigam, Minor Doodes, Doodes Minor, and Herman Kelderman, aliens, makeing humble suite as aforesaid, Bee it therefore enacted by the governour, councill and burgesses of this grand assembly and by the authority thereof, that the said John Peterson, Rowland Anderson, Michaell Vanlandigam, Minor Doodes, Doodes Minor, and Herman Kelderman, and every of them be and are by vertue hereof, and the afore recited lawe, whereon this is grounded capable of free traffique and tradeing of takeing up and purchaseing,||Preamble.|
Certain pers's naturalized.
|* This act omitted in Purvis and Northum. MS. but the title inserted in edi. 1733 & 1752. It is taken from P. Rand. MS.|
|conveying, deviseing and inheriting of lands, tenements, and from henceforth be, and are declared deemed and holden, and in all constructions of law stated, vested and indulged with all priviledges, liberties and immunities whatsoever relating to this collony that any naturall born Englishman is capable of according to the true intent and meaning of the said act.||Their privileges the same as natural born Englishmen.|
|ORDERED for the settling the bounds betweene the counties of Northumberland and Lancaster that according to the concession of the burgesses of those counties, coll. John Washington, capt. John Lee, capt. Wm. Traverse and Wm. Mosely and Mr. Robt. Beverly doe meet upon the next Wednesday after Easter weeke which shalbe in the yeare 1674 at or about the confines of both the said counties, and that such bounds as they or the greater number of them (haveing respect to a former order of assembly touching this matter made) shall assigne and establish, shall be the deviding bounds and lymitts of both the said counties in time to come.||Commiss'ners appointed to settle bounds between Northumberland & Westmoreland counties.|
|ORDERED that for all such tobaccoes for which the duty of two shillings per hogshead hath been paid and lately taken by the enemy, soe much may be reladen, free and acquitted from the said duties, Provided that the person that claymes the benefitt hereof doe make his quantity laden and lost as aforesaid appeare by his oath, the collectors certificate, bill of laden, or any of these three wayes.||Duties on tobacco taken by enemy remitted.|
| ORDERED that the charges of a burgesse, with his man and two
horses, in going to and from the assembly, as alsoe the charge of the said man and two horses
abideing during the session, are intended and meant in and by the act, which assertaines
burgesses necessary charges over and besides the personall expence of one hundred and ffifty
pounds of tobacco per
The following orders, or resolutions, are inserted in the Northumberland MS. alone.
|Burgesses' wages, including the expenses of travelling to and from the assembly & of his horse and servant, while remain'g there over and above his personal wages.|
|diem, mentioned in the act; And it is alsoe further ordered that those burgesses who have not beene allowed by their countyes these necessary charges by reason of any misconstruction of the law be accordingly reimbursed their reasonable charges in this behalfe susteyned.||Counties to allow those charges.|
| WHEREAS sundry impotent and indifferent persons have petitioned to
be exempted from the paying of levyes, in this case it is ordered, that the respective
vestryes and county courts may leave such out of their lists of tythables as they shall see
||Vestries and county courts may exempt impotent persons from payment of levies.|
|WHEREAS it hath beene resolved by the assembly to have ffree fferryes generally in all convenient places of the country, but finding the greate difficulty of putting the same in present execution, It is therefore ordered that the commissioners of the several assotiations in the country, at their meeting betweene this and the next assembly, doe consider of the most necessary and convenient places within their severall counties of assotiations, for fferryes to be kept, and make report thereof to the next assembly, as alsoe of what the charge and all other incidents to the same (within the said precincts will amount to) And that wherein any county, there is not a burgesse of the said commission of assotiation that then one of the said county be joyned with the said commissioners for the consideration thereof.||Commiss'ners to rep't on the most eligible places for establishing free ferries.|
|Signed by Sir WILLIAM BERKELEY,
ROBERT WYNNE, Speaker.
(Note to edit. 1733 & 1752.)
|Cop. Vera Test.|
|JAMES MINGE, Cl. Ass.|
HOLDEN AT JAMES CITTIE
|BY PROROGATION FROM THE TWENTIETH DAY OF
OCTOBER, 1673, TO THE 21ST SEPTEMBER 1674, IN
THE 26TH YEARE OF THE REIGNE OF OUR
SOVERAIGNE LORD KING CHARLES THE2D
BY THE GRACE OF GOD KING OF
And to the glory of Almighty God, and the publique
weale of this his majesties colony, these acts and
orders were made and established.
|Sir. W. Berkeley, governor.|
|An act for an address and application to be made to the King's most excellent majesty.||Edi. 1733 and 1752.|
|WHEREAS this grand assembly are deeply sencible of the many and greivous pressures that are dayly growing and still likely to grow, and be imposed upon the inhabitants of this his majesties loyall colony of Virginia by certaine lords pattentees, who under colour and pretence of promoteing the good of the colony and augmenting his majesties revenues have obtained certaine Letters pattents and grants derogating, and in prejudice of many royall concessions and grants from tyme to tyme made by his majestie and his royall progenitors in favor to this colony, all which as justly may be feared, the said lords by their deputies and ministers will endeavour to make voyd and of none effect by imposing new rents and services, altering the forme of our tenours, compelling to new surveys||Purvis 190.|
Preamble, recit'g the fears of the colony in consequence of pat'ts granted to certain lords patentees.
|* The commencement, as well as the acts of this session, taken from Northb. MS. in which the figures  are omitted.|
|and new pattents, imposeing fines and compositions on surplusages, lands and lapses att their will and pleasure by nomination of sherriffs, escheators, surveyors and other officers, and in effect devesting the government of those just powers and authorities by which this colony hath hitherto beene kept in peace and tranquility, and all mens rights and propertyes duely adminstred and preserved unto them.|
|And whereas this said grand assembly on greate deleberation have considered by what convenient wayes and means those agreivances might be removed, how our liberties, priviledges, immunityes, rights and propertyes might be had, made and established to us and our posterity, have thought fitt that a humble supplication be made to his sacred majestie by this grand assembly in the name of this his majesties most loyall colony, setting forthe as well, by what royall (a) grants and concessions his majestie and his royall progenitors have from time to time beene gratiously pleased to indulge this colony, the greivous pressures likely to grow upon us by reason of the late grants to the lords that his majestie would be gratiously pleased to revoake the said grants to the said lords, and for secureing us from our ffeares in time to come of being removed from his majesties imediate protection to confirme our liberties, priviledges, immunities, rights and properties as aforesaid, by his majesties royall charter, and that certaine gentlemen in whose honour, integrity and care, for promoting the good of this country, this grand assembly have a just confidence, be desired to adresse themselves to his majestie in the name of this colony, and to negotiate in England all other publique affaires of this county; And because it is manifest that a worke of this nature is not to be undertooke or effectually prosecuted without money and that wee be not imprudently wanting to ourselves in a matter of soe greate importance, this grand assembly|| The assembly determine on an address to king to revoke the
abovementioned patents and to confirm the rights and privileges of the colony.|
Persons to be appointed to negociate in England on behalf of the colony.
|* The running title to the acts of this session in edi. 1733 & 1752, is 'Anno vicessimo sexto Caroli secundi regis.'|
|(a) 'Legal' in Purvis; 'yoyall' in Northumberland, Ch. City and P. Rand. MSS.|
|have thought fitt that a summe of mony be raised of and from the inhabitants of this country to be used, imployed and expended towards the accomplishment of the ends and purposes aforesaid; Be it therefore enacted by the governour, councell and burgesses of this grand assembly and by the authority thereof, that ffifty pounds of tobacco besides caske and salary be levyed of and from every tythable person within this colony this present yeare, and ffifty pounds of tobacco be disposed of to severall undertakers at the rate of eight shillings per cent, for produceing money as aforesaid for accomplishing the ends and purposes aforesaid, in manner and forme following, vizt. the ffifty pounds of tobacco per pole to be levyed this present yeare in the countyes of Yorke, New-Kent, Glocester and Middlesex, be paid to the severall undertakers for those counties at eight shillings per cent by the sherriffes or collectors of those respective counties, they paying double the money this present yeare, that ffifty pounds of tobacco per poll doth amount to at eight shillings per cent, and to accept for their full compensation of their said present disbursements ffifty pounds of tobacco per pole of the same counties aforesaid the next yeare, and that the undertakers for the rest of the counties in Virginia pay noe more money then the ffifty pounds of tobacco per pole doth amount to at eight shillings per cent, this present yeare paid them by the sherriffs or collectors of those counties afore said, and the like summe of money next yeare upon payment made to them of ffifty pounds of tobacco per pole, ordered then to be levyed. And that all sherriffes and collectors who have the charge of those payments to the undertakers be, and are hereby strictly required to cause payment to be made of the best tobacco, and as convenient as may be. Provided alwayes that if noe undertakers doe present themselves for any of the remaining counties, that then the respective county courts are hereby required and commanded to ship the said tobacco raised within their counties for England, and conseigne it to suffitient merchants and cause the neate produce of it to be paid unto Mr. Secretary Ludwell and Coll. Daniel Parke, for the account of the grand assembly of Virginia; And be it further enacted by the authority aforesaid, that mony which shalbe due||How money raised to defray the expense.|
What counties to contribute, and how.
Duty of she'ffs and collectors.
Tobacco to be shipped, when.
|on balance of the account of the two shillings per hogshead be alsoe remitted into England to the other of the grand assembly as aforesaid.|
|And whereas this grand assembly are alsoe sencible by the lownesse of our publique revenue that mony may yet be wanting for the advance and carrying on this most necessary worke, Bee it also further enacted by this grand assembly and the authority thereof that seaventy pounds of tobaccoe per cause in the generall, and ffifty pounds of tobacco in the county courts per cause, shalbe amerced in the name of a paine, upon every person that shalbe case in any suite except in action of debt, in which if any be cast, he or they soe cast as aforesaid shalbe amerced in the general court ffifty pounds of tobacco, in the county court thirty pounds of tobacco, and in case of appeales double; Provided nevertheless that all causes of orphants be out of this clause of amercements utterly excluded and foreprised; And be it further enacted by the authority aforesaid that the clerkes of the courts give accompt of the said amercements, as alsoe of all ffines ariseing on penall lawes at the raiseing of the levy when the courts are to deliver them to the sheriffes, and the sheriffes be and are hereby authorised and enjoyned to collect and distreyne for the same as in case of levy, and the courts are hereby authorized and impowred to dispose of the tobacco to the best advantage of the county, and be accountable to the grand assembly to the uses aforesaid, and that this clause of amerciaments be of force the next court after publication hereof n each county, and soe remaine untill the next assembly and noe longer, unles it be then thought fitt to continue itt.||Further revenue; a tax on all pers's cast in a suit in the gen. &
How collected and accounted for.
Limitation of this clause concerning amercements.
|An act for the continuance of 200l. sterling per ann. over and above the 1000l. sterling per ann. to Sir William Berkeley, Knt. Governour, &c.||Edit. 1733 and 1752.|
|WHEREAS this grand assembly have had long experience of the many constant and eminent services done to and for this country by the Right||(This act wholly omitted in Purvis.)|
|Honourable Sir William Berkeley, Knight Governour and Captain Generall of Virginia, and that he soe continued to doe and act by all meanes possible for the good and benefitt thereof, this assembly have thought fitt thereof, that the two hundred pounds per ann. by order of assembly over and above one thousand pounds per ann. to the Right Honourable Sir William Berkeley, Knight Governour, &c. be continued and paid to him annually during his government. Provided alwayes that this shall not stand or be presidentiall for the like summe to be paid to any other governour that shall succeed him.||Additional salary to Sir W. Berkeley,
Not to be a precedent for others.
|An act assertaining allowance for evidences, summoned to the Generall Court.||Edit. 1733 and 1752.|
|WHEREAS it hath beene considered that the allowance which the law hath formerly given to witnesses who are often summoned from remote places to five in evidence at the generall courts is too little, as alsoe for their attendance and expences in towne, Be it enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, that thirty pounds of tobacco per diem be paid to such witnesses as come to James Citty, twenty miles and upwards, and that all witnesses have sixty pounds of tobacco per diem for their expences the time of their attendance there.||Purvis, act II, pa. 193.|
Witnesses attendance at general court.
|An act prohibiting the justices of the severall countie courts for levying tobaccoes upon the people for their accommodations and expences whilst they are keeping court.||Edit. 1752.|
|WHEREAS it hath beene complained to the grand assembly that it hath beene the frequent practice of some of the justices of the severall county courts of||Purvis, act III of page 193, and edi. 1733.|
|this country at the time of laying their levy to assesse upon the people of their respective counties certaine summes of tobacco for the paying and satisfying their expences and accomodations whilst they are holding court and attending thereupon, which practice is by this grand assembly adjudged illegall, Be it therefore enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, that noe county from henceforth pay or allow for the accommodation of the justices at their county courts; any order, usuage or custome to the contrary in any wise notwithstanding.||Justices prohibited from assess'g any tobacco on people, for
paym't of their expenses, at county courts.|
|An act impowring Mr. Secretary Ludwell as notary publique to appoint deputies.||Edi. 1733 and 1752.|
|BE it enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, that the honourable Mr. Secretary Ludwell who executes the office of notary publique in this colony, be authorised and impowred for the ease and conveniency of those who live remote from James Citty, and he is hereby authorised and impowred to depute certaine discreet and suffitient persons throughout this colony to offitiate in his place and stead, to whose protestations, attestations, and other instruments of publications, as alsoe of those by him deputed as aforesaid, that all credance may be given; and that this authority continue and be in force untill the aforesaid Mr. Secretary his comission of notary publique be authenticated and published in England.||(This act wholly omitted in Purvis.)|
Sec'tary Ludwell, who is sole notary public, authorised to appoint deputies.
Full cr. to be given to their official acts.
|An act comanding such Indians who keep Hoggs to marke the same.||Edit. 1733 and 1752.|
|WHEREAS complaint hath beene made that diverse the inhabitants of this country have received mischeife by the Indians in their stock of hoggs.||Purvis act IV. pa. 194.|
|against whome rarely any legall proofe can be produced to discover and convict them, Be it therefore enacted by the governour, councell and burgesses of this grand assembly, and the authority thereof, that Indian proofe as well as other legall proofe shall from henceforth be good against Indians to convict them on the act against hogstealing, and that those of the Indians who keepe hoggs doe, and hereby are enjoyned and required to give such a perticuler marke for that towne where they live as shalbe appointed by the adjacent county courts.||Indians good witnesses against Indians as to hog
Ind'ns to mark their hogs, as directed by the adjacent county courts.
|An act empowring ffeame coverts to make good acknowledgement of sales of land.||Edit. 1733 and 1752.|
|WHEREAS the legall way in England of passing estates where the inheritance is in a ffeame covert, is by way of ffine and recovery, and it being the usual way in this country for many yeares, wee having noe ffines and recoveries, that sales have beene made by the husband and wife of the inheritance of the wife by conveyance from them, and the said conveyances acknowledged in the generall or county courts by the husband and the wife, the wife being first privately examined by the court whether she acknowledge the same ffreely, but there being noe act of assembly to authorize the same; Be it therefore enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, that all such sales and acknowledgements that by husband and wife have at any time heretofore beene made in manner and forme as aforesaid, or shall hereafter be made, shall be good and effectuall against the said husband and wife, their and every of their heires and assignes, and against all other persons clayming by, from and against all other persons clayming by, from, or under them, or any of them, and that to all intents and purposes as if the same had beene done by ffine and recovery or any other way whatsoever.||Purvis, act V pa. 195.|
Preamble, reciting the custom of the country for husband and wife to pass inheritance of the wife, by deed, & privy examination; there being no fines and recoveries.
All such conveyances by husband and wife, past and future, to be valid.
|An act ascertaining the bounds of the counties of the Isle of Wight and Nanzemund.||Edit. 1733 and 1752.|
|WHEREAS long disputes have arisen between the inhabitants of the Isle of Wight and Nanzemund counties concerning the divideing line and bounds betwixt them, which disputes have bin the more perplext by reason partly of the uncertainty found in these former acts and orders of assembly that have seemed to establish the limmitts between them and partly from the unacquaintance of those heretofore concerned with the true courses, winding, and extent of the creeks and runns, and of the lands remote in the woods, from whence it hath come to passe that the conveniences of both the counties could not soe well be discerned nor rightly consulted; all which this assembly haveing taken into serious consideration, and being desirous that all disputes and differences about the premises may for ever cease and determine, Bee it enacted by the governor, councill and burgesses of this grand assembly and the authority thereof, that a southwest and by south line be designed, runne and plainly marked from the river side at the plantation of Hayes including that plantation to the Isle of wight, extending to the creek at or neere the plantation called Nevells Oister bank, from thence a line or lines up the creeke to Coll. Pitts creek, and soe up that creek to the head of the said Coll. Pitts land, and from thence a southwest halfe a point westerly line indeffinently extended shall be and remaine the established common bounds and divideing line between the said Isle of Wight and Nanzemund counties, Provided nevertheless that the house and clered grounds of Capt Thomas Godwin, who hat bin an antient inhabitant of Nanzemund countie court, bee, remaine counted, and deemed in the county of Nanzemund, any thing in this act to the contrary notwithstanding, Provided alsoe, and it is the intent of this act that nothing herein contained shall alter the parishes confineing on this dividing line, but that they remaine in the same parochiall capacitie as they did before the makeing hereof.||(From the P. Rand. MS.|
[See vol. 1, p. 228, 247, 404.
Dividing line betw'n Isle of Wight & Nansemond counties, how to be run.
|An act for the settling the lands at the Green Spring in the right honourable Sir William Berkeley, his heirs and assignes.||Edi. 1733 and 1752.|
|THE house of burgesses takeing into their most serious considerations the great services done to his sacred majestie and his majesties country by the right honourable Sir William Berkeley, Kt. his majesties governour of this country, and the great care and paines hee hath taken and hazards he hath runne even of his life in the government and preservation of the country from many attempts of the Indians, and alsoe in preserving us in our due allegiance to his majesties royall father of blessed memory, and his now most sacred majestie against all attempts long afer all his majesties other dominions were subjected to the tyranny of the late usurpers, and also seriously considering that the said Sir William Berkeley, hath in all the time of his government under his most sacred majestie and his royall father made it his onely care to keep his majesties country in a due obedience to our rightfull and lawfull soveraigne, and to endeavour the good and prosperitie of the country, soe as next to God Almighty and his most sacred majestie wee owe the very being and settlement of this his majesties country to the great care and prudent management of the said Sir William Berkeley, who hath not in the least endeavoured to furnish himselfe but merely spent both himselfe and his substance for the good of this his majesties country, and wee the burgesses of this present grand assembly takeing notice that the said William Berkeley being his majesties governour of this country and by his sacred majesties instructions authorized by and with the consent of his majesties councill of Virginia to grant by pattent lands to all adventurers and planters, cannot joyne in makeing any such graunt to himselfe of any land, and finding that the honourable John West, Richard Kempe, Samuell Matthewes, William Browne, Thomas Petties, Henry Browne and Richard Townesend, Esqrs. his majesties royall fathers king Charles the first of blessed memory his councill of Virginia. by a grant under his majesties||(From the P. Rand. MS.)|
Preamble, reciting the gr't services of Sir W. Berkeley;
and that the governor cannot grant to himself;
and a former order of council, of the 6th of June, 1646, in favour of Sir W. Berkeley, for 1090 acres at the Green Spring.
|seale of this country, and their hands beareing date the sixt day of June, one thousand six hundred forty and six, upon the said Sir William Berkeleyes proveing and entring of rights and surveying, which is the constant way and manner, by which all persons have his most sacred majesties and all his royall ancestors graunt unto the said Sir William Berkeley, his heires and assignes for ever a certaine tract or parcell of land containing one thousand and ninety acres of land lyeing and being in James Citty county, and called or knowne by the name of Green Spring, with all priviledges proffits and appertenances whatsoever to the same belonging and appertaining, to have and to hold to him the said Sir William Berkeley, his heires and assignes for ever, to be held of his majesty in free and common soccage under the yearly rent of one shilling for every fiftie acres of land, &c. And in and by the same graunt, his said late majesties councill of Virginia did demise unto the said William Berkeley, and his assignes, seaventy acres of land adjoyning to the same one thousand and ninety acres of land for the full terme of twenty and one yeares under the usuall yearly rent, and the said graunt of the said one thousand and ninetie acres of land by a graunt bearing date the nineteenth day of Aprill, in the six and twentyeth year of the reigne of our soveraigne Lord King Charles the second, &c. under his majesties seale of this countrey, and the hands of Henry Chichley Knt. Thomas Ludwell, Edward Diggs, Richard Bennett, Nathaniel Bacon, Thomas Swann, Henry Corbin, Thomas Beale, Daniel Parke, Thomas Ballard, and Joseph Bridger, Esqrs. his majesties now councill of Virginia is confirmed to the said Sir William Berkeley, his heires and assignes for ever, and the said demise of the said seaventy acres is by the same graunt renewed to the said Sir William Berkeley, his heires and assignes for ever dureing the term of ninety and nine yeares, to commence from the day of the date of the said graunt under the yearely rent in the former graunt, as in and by the said severall graunts remaining upon record in the records of the generall court of James Citty, relation thereunto being had more full and at large it||Also 770 acres of land adjoining for 21 y'rs.|
|doth and may appeare, and the burgesses of this grand assembly takeing all the afforesaid premisses into their serious consideration, and well knowing that the said Sir William Berkeley hath expended a great summe of money in building and otherwise upon the said land and being willing according to their utmost* endeavours to showe the sence they have of the just merits of the said William Berkeley, by his faithfull services to his most sacred majestie, and this his majesties country, doe therefore humbly pray the right honourable Sir William Berkeley Knt. his majesties governour of Virginia, and his most sacred majesties counsill here that it may be enacted, and be it enacted by the governour, councell and burgesses of this present grand assembly and by the authoritie thereof, that the said severall before mentioned graunts, and every and either of them made to the said Sir William Berkeley by his sacred majestie his royall ffathers councill of Virginia, and also by his sacred majesties now councill of Virginia for the said one thousand and ninety acres of land to him and his heires for ever, and also for the said seaventy acres of land to him and his heires for ninety and nine yeares, shall be, and hereby is by the authoritie aforesaid ratified and confirmed, and it is also enacted and ordained, by the authority afforesaid, that the said two parcells of land and every part and parcell thereof, and all priviledges, proffits and appertenances whatsoever to the same or any part thereof belonging or appertaining shall, and may be held and enjoyed by the said Sir William Berkeley, his heires and assignes under the rents and services in the said graunts severally exprest against all person and persons whatsoever according to the true intent and meaning of the said graunts or either of them.||* 'Abilities' in the margin.|
Grant for the same, and the seal of the colony, & hands of the councillors;
& the 70 acres renewed for ever.
Former grants confirmed; the 1090 acres for ever, and the 70 acres for 99 years.
|An act for settling the lands conveyed from Sir William Berkeley and Dame Frances his wife, in Coll William Cole his heires and assignes.||Edit. 1733 and 1752.|
|WHEREAS upon the humble petition of Lt. Coll. William Cole, it appeareth unto this grand assembly that by indenture tripartite bearing date||(From the P. Rand. MS.)|
|the first day of January, one thousand six hundred and fifty and two, Samuell Stephens deceased on the first part, Warham Horsmenden on the second part, and George Hunt, deceased on the third part, in performance of an agreement made before the marriage of the said Sammuell Stephens, deceased, with Frances his late wife; the said Samuell Stephens did, amongst other things in the said indenture give and graunt unto the said Warham Horsmenden and George Hunt all that his said Samuells plantation lying and being in Warwick county, containing by estimation one thousand three hundred and and fifty acres together with all appertenances thereunto belonging, to have and to hold unto the said Warham Horsmenden and George Hunt upon condition onely, and in trust that the said Warham Horsmenden and George Hunt should within one yeare after the date of the said indenture make a graunt of the said plantation and premisses to and for the use of the said Samuel Stephens for and dureing the term of his naturall life, and if the said Samuell should happen to dye, and the said Frances his wife, him to overlive, that then the said plantation and premisses should be to her for life, and her heires by the said Samuell Stephens lawfully begotten, and for default of such issue to her and her heires forever, in pursuance of which said indenture by indenture tripartite bearing date the fourth day of November, one thousand six hundred fifty and three, made between the said Warham Horsmenden on the first part, George Hunt on the second, aud the said Samuell Stephens on the third part reciteing the before mentioned indenture in performance thereof the said Warham Horsmenden and George Hunt did give and graunt the said plantation and premisses unto the said Samuell Stephens, and Frances his wife, to the use of the said Samuell for and dureing the terme of his naturall life and after, to the use of the said Frances his wife, and the heires of her body by the said Samuell lawfully be gotten, and for default of such issue to the said ffrances and her heires for ever, as in and by both the said indentures remaining upon record on the records of the county court of Warwick, relation thereunto being had more fully and at large it doth and may appeare and the said Samuell Stephens being dead and||Preamble, recit'g a conveyance to trustees, of 1350 acres of
land, in Warwick county, by S'l Stephens, in consideration of marriage.|
Limitation of estate in trust.
Settlement, reciting the former, & in pursueance of it.
|the said ffrances haveing survived him, and there being noe issue between them the said ffrances by vertue of the said indentures became seized of the said plantation and premisses of a good estate in ffee simple to her and her heires for ever, and the said Frances after intermarrying with the right honourable Sir William Berkeley Knt. Governour and Capt. Genl. of Virginia, and after the said intermarriage by indenture bearing date the six and twentyeth day of Aprill, one thousand six hundred seaventy and one, made between the said Sir William Berkeley and Dame Frances his wife on the one part, and the said William Cole on the other part in consideration of the full summe of four hundred and fifty pounds of lawfull mony of England to them the said Sir William Berkeley and Dame Frances his wife, or one of them paid by the said William Cole, they the said Sir William Berkeley and Dame Frances his wife, did give graunt bargaine, and sell the said one thousand three hundred and ffifty acres of land with all appertenances thereunto belonging to the said William Cole to have, and to hold, to the said William Cole, his heires and assignes for ever, and the said Sir William Berkeley and Dame Frances his wife, (the said Dame Frances being first examined by the generall court at James Citty) did acknowledge the said deed in the said court, as the same is recorded in the records of the said generall court, as in and by the same indenture relation thereunto being had more fully and at large it doth and may appeare, and the said George Hunt, one of the parties to the said tripartite indenture being alsoe dead, the said Warham Horsmenden hath by deed under his hand and seale, bearing date the eleventh day of December, one thousand six hundred seaventie and three, remised, released and acquitted all his claime, right, title and interest which he had in and to the said plantation and premisses unto the said William Cole, his heires and assignes for ever, as in and by the said deed, also remaining upon record of the records of the generall court at James Citty, more fully and at large it doth and may appeare, and the said William Cole haveing in his said petition to the grand assembly sett forth all the matters afforesaid, and in regard that the usage in England of makeing assurances of land where the inheritance||Estate, in fee, in Frances, relict of Samuel Stephens, by virtue
of the settlement, & her surviving him without issue.|
Intermarriage of Frances Stephens with Sir W. Berkeley.
Grant by them to Wm. Cole by deed of bargain and sale.
Acknow'ment of deed in general co't, the wife being privily examined.
Death of one trustee, and release of the other to said Cole.
Petit'n of Cole stating the premises; that the usage in Eng. is to pass the inheritance of
|in feme coverts, is by fine and recoverie suffered by the husband and wife, and there being noe fines and recoveries passed in the country, but the usuall way and manner of conveying such estates hath alwayes bin by acknowledging such sales by the husband and wife in court, the wife being first examined and all that being in this case performed, and he the said Cole haveing really paide a valluable consideration for the said premisses, the said William Cole hath most humbly prayed this present grand assembly that they sould be pleased by an act for that purpose to confirme and make good the said sale to him soe made, and the house of burgesses haveing sent some gentlemen of the said house to acquaint the said Dame Frances Berkeley therewith, and whether shee freely consented to the same, and shee haveing to the same gentlemen under her hand acknowledged her free consent to the same, and the said Sir William Berkeley haveing also under his hand signified his free consent thereunto, thereupon the governour, councell and burgesses of this grand assembly takeing all the premisses into their most serious considerations doe enact and ordaine, and be it enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, that the before recited indenture of bargaine and sale, made between the said Sir William Berkeley and Dame Frances his wife of the one parte, and the said William Cole of the other part (acknowledged as before sett forth) by the said Sir William Berkeley, and Dame Frances his wife is, and for ever hereafter shall bee accepted, reputed and taken to be a good and firme conveyance and assurance of the said one thousand three hundred and fifty acres of land with all the appurtenances thereunto belonging unto the said William Cole, his heires and assignes for ever against the said Sir William Berkeley and Dame Frances his wife, and either of them, their and either of their heires and assignes, notwithstanding the same was not done by fine and recovery, and it is further enacted and ordained by the authority aforesaid that the said William Cole, his heires and assignes for ever shall and may peaceably and quietly have and hold, occupy, possess and enjoy the said one thousand three hundred and fifty acres of land with all buildings and appertenances||the wife by fine & recovery suffered by the husband & wife; but
in this country, by acknowl'gment of husb. & wife in court she being privily examin'd; & there
being no fines & reco'ries suffered here, and praying for a confirmat'n of the said
Acknowledgment of Mrs. Berkeley to memb's of assembly.
Also of Sir W. Berkeley.
and valid ag'st Sir W. Berkeley and wife, notwithstanding it was not done by fine and recovery.
|whatsoever to the same or any part thereof belonging, or appertaining against the right title, interest, claime or demand of the said Sir William Berkeley and Dame Frances his wife, and either of them, their and either of their heires and assignes, and alsoe against the claime and demand of any other person or persons whatsoever claimeing or to claime from, by or under the said Sir William Berkeley and Dame Frances his wife, or either of them or their, or either of their heires and assignes.|
|ORDERED that all the undertakers present their Bills of Exchange to the respective collectors by the ffifteenth of January next, and that the said Collectors transmitt them to Mr. Secretary and Colonel Parkes the countrye's assignees for receiving the money for the publique use of the country.|
| ORDERED that the respective county courts at their levye doe pay and
allow to their burgesses the just and reall expence of his man and horse at James City,
provided the said burgesses deliver, in the account thereof on their
||County courts to allow the real expense of their burgesses, and
their man & horse.|
How accounts rendered.
|ORDERED that twelve pounds of tobacco per pole be levyed of and from every tythable person within this colony, and the same paid to the severall persons concerned for and towards the defraying the publique charge of this country this present yeare.||Public taxes.|
Die Jovis, October 8th, 1674.
| TO the proposition from his honour and the councell to assertaine
the ffee of a coroner, resolved by the house of burgesses that it be officiated as
formerly by the next justice of peace, who is impowred to direct his warrant to the constable or
any other person as he shall thinke meete, to empannell a jury of inquest, for which noe fee to
The assembly is adjourned till the three and twentieth day of March, which shall be in the yeare 1675, unles there shall be occasion to call it sooner.
|Justices to act as coroners without fee.|
|Signed by Sir WILLIAM BERKELEY,
ROBERT WYNNE, Speaker.
|Pages 277-302||Pages 326-340|