|Pages 326-340||Pages 366-386|
HOLDEN AT JAMES CITTIE
|Sir W. Berkeley, governor.|
|THE FIFTH DAY OF JUNE 1676;
IN THE EIGHT AND
TWENTIETH YEARE OF THE REIGNE OF OUR SOVERAIGNE
LORD KING CHARLES THE SECOND.
|All the acts & orders of this Assembly repealed by proclamation and also by the 4th act of the succeed'g assembly.|
|An act for carrying on a warre against the barbarous Indians.||Edit. 1733 and 1752.|
|WHEREAS the many outrages, cruell murders, and violent incursions dayly committed perpetrated and made by the barbarous Indians in divers places of this country, hath inevitably drawne us upon a necessity of declareing warr against them, and of prosecuting the same as wee hope by Gods blessing may||War declared against Indian enemies.|
|* The commencement and acts of this session chiefly taken from the P. Rand. MS. −− In the edi. 1733 and 1752, the commencement is, 'At a GRAND ASSEMBLY, begun and holden at James City, the fifth day of June 1676; in the twenty eighth year of the reign of our sovereign lord Charles II. of England, Scotland, and Ireland, king, defender of the faith, &c.'|
| The Editor has now the pleasure of laying before the public an entire
collection of the laws, passed at an assembly held during a period which has generally been
denominated Bacon's Rebellion. All these laws having been repealed by the king's
instructions and proclamation, and also by the 4th act of the succeeding session, held at
Green Spring, in February 1676-7, (see note at the end of the acts
of this session,) the titles only were preserved in the editions of 1733 & 1752. In the
Northumberland MS. which in other respects is in excellent preservation, all the acts of this
session are torn out except two leaves, containing part of the first act: in the Ch. City
MS. only part of them are torn out; but in the P. Rand. MS. they are preserved
It appears from two ancient MSS. published in the Enquirer, vol. 1, No. 34, 35, 36 and 37, as well from the subject matter of the laws of this session, that the character of this transaction is entitled
[This note concludes on the following page.]
|be effectuall, but forasmuch as wee are not altogether satisfied that all Indians are combined against us, and are our enemies, and that wee are taught as well by the rules of our sacred religion, as those of humanitie, that we ought not to involve the innocent with the guiltie. It is thought fit that it be enacted, and it is by the governour, councell and burgesses of this grand assembly, and by the authoritie thereof enacted and ordained in manner and forme as followeth, vizt. that all such Indians shall be accounted and prosecuted as enemies that either already have, or hereafter shall forsake theire usuall and accustomed dwelling townes without licence obtained first from the honourable governour or grand assembly, or such person or persons as the governour shall thereto commissionated, as alsoe all such Indians as shall refuse upon demand to deliver up into the hands of the English all such armes and ammunition of what kind or nature soever (bowes and arrows onely excepted) and alsoe to deliver such hostages as shall from time to time be required of them by the|
The innocent not to be involved with the guilty.
What acts constitute Indians enemies.
|[This note began on the previous page and concludes
to a very different appellation from that which had been given to it by the English historians; and that Bacon, instead of deserving the epithet of rebel was, in truth, a patriot. It is impossible to read the acts of this session without perceiving that the people were groaning under the oppressions of the government. Act V. "For regulating officers and offices," will shew that great abuses had crept into the administration; and that many innovations, in practice, had been made on the ancient laws. By act 7, the people were restored to that universal right of suffrage, to which they had been accustomed from the first settlement of the country, with a small interruption only, (see vol. 1, index titles 'Burgesses,' 'Elections') and of which they had been deprived, by the 3d act of October, 1670, ante pa. 280. The 12th act subjects members of the council and ministers to the payment of levies or taxes, from which they had long been exempted.
A repetition of abuses such as those of which Bacon and his adherents complained, and an accumulation of oppressive acts on the part of the British government, without doubt, produced the American revolution: and it is somewhat remarkable that precisely at the expiration of a century, from the time of Bacon's opposition, the people of Virginia, in convention, unanimously proclaimed the idea of American Independence; −− the celebrated resolution, instructing the Delegates in Congress from Virginia, to declare the colonies free and independent having been passed on the 15th of June, 1776, and the assembly under Bacon's influence, having been held in June 1676. [See the Resolution of the Convention of Virginia instructing their Representatives in Congress to propose a Declaration of Independence, ante vol 1. pa. 7.
|right honourable the governour or such other person or persons as he shall commissionate to that purpose, or that refuse or neglect to send such of theire Indians with the English as shall be required of them, either by the grand assembly, the right honourable the governour, or by any commander or commanders in cheife who are or shall be by the governour commissionated, as alsoe all such Indians as at present are our reputed friends who shall receive and entertaine into their townes, cabbins or forts, any Indian or Indians our present enemies, or Indians that shall hereafter become our enemies, or any strange Indian who doe not properly belong to their said townes, and shall not immediately upon their said comeing in amongst them seaze the said Indians, and deliver them up to the English, or kill or destroy them, provided they may be reasonably supposed to be of force and strength enough to doe the same, in which case onely they shall excuse themselves and bee deemed in peace with us by their immediate giveing notice of such Indians being amongst them to the cheife officer or officers of the militia, or some justice of the peace dwelling or resideing next to them, and alsoe all such Indians who shall be knowne directly or indirectly to hold commerce or conversation with our knowne enemies, and to the intent wee may the better discover what strange Indians or other enemie Indians come amongst our neighbours, the neerest commission officer or officers to any Indian towne of the militia are hereby required to take a perticular list or account by name and number of all and every Indian therein inhabiting, and the Indians of any towne who shall refuse to give an account, or that shall not give a true and just account by name and number as aforesaid, shall be held and prosecuted as enemies as aforesaid, against all and singular the before recited Indians, their and every of their ayders, assisters, comforters and abettors, actuall warr and open hostilitie, is by the authoritie aforesaid, hereby pronounced and declared. And it is further enacted by the same authority, that the number of one thousand men whereof the one eighth part to be horsemen and dragoones bee forthwith raised in order to the prosecuting this Indian warr, and drawne forth out of these respective counties hereafter named, vizt. thirty one men out of Henrico countie, ffifty four men out of||War declared against all such.|
Army to be raised of 1000 men.
From what counties.
|Charles Citty county, fifty four men out of Lower Norfolke, six and twentie men out of Elizabeth Citty county, thirty four men out of Warwick county, eighty men out of York county, one hundred and eight men out of New Kent County, one hundred and fforty men out of Gloucester countie, sixty three men out of Rappahannack county, thirty six men out of Middlesex county, thirty four men out of Lancaster countie, twenty nine men out of Stafford county, forty five men out of Westmoreland county, forty nine men out of Northumberland county, sixty men out of Nanzemund county, sixty eight men out of James Citty county, thirty two men out of Surry countie, fifty seaven men out of the Isle of Wight county, all which souldiers raised as aforesaid are to be maintained with provisions and paid theire wages in and by their respective counties, at their said counties perticular charge, and that each county doeth and by vertue hereof is required to furnish its perticular soldiers with two pounds of powder and six pounds of shott a man with good and well fixt guns and other armes for the present, and for what ammunition more shall be wanting that it be provided by and at the charge of the publique, and that the counties of Northampton and Accomack beare their proportion of this publique charge. And be it further enacted, that every of the respective counties that send forth men as aforesaid doe provide for each man by them sent out, at least one pound of biscake bread, and one halfe pound of good dried beefe, bacon or cheese for a day, and soe to provide two months provision for their first going out, and convey the same together with theire men armes and amunition aforesaid to the place, and by the time to be prefixt by the generall, alsoe to provide for every four and twentye men two oxen and steers of six yeares old at least, and one baggage horse, or otherwise three baggage horses, which said steeres and horses are to be for the use of the marching armies, and for the better carriage of the provisions; that ropes, baggs and pannells be provided for leading the said oxen or steeres, and for the sue of the baggage horses, and that at least twenty days before every two months expire other two months provision be provided, and soe during the time of this warr, and that the justices, burgesses||Soldiers to be paid and provisioned by their respective
Ammunition and arms.
Accomack & Northampton.
Baggage horses, or oxen.
Supply of provisions, how secured.
|and militia officers of each county be, and hereby are appointed, impowered and required to raise the said men in the respective counties, and to provide the provision, carriage and necessaries aforesaid, and to take care that all the said men, ammunition, provision and other necessaries bee made ready and conveyed to the place to be appointed by the cheife commander as aforesaid by the tenth day of July next. And be it further enacted by the authority aforesaid, that the persons appointed, impowered and required as aforesaid, or any of them that shall be delinquent in their dutie herein and by this act imposed upon them, shall for every soldier not fitted out as this lawe requires be fined and amerced one thousand pounds of tobacco, and the sherriff of each countye immediately upon notice of this act given by any of the burgesses bee strictly required, and hereby is enjoyned to summon the gentlemen by this act appointed (to raise men and to provide the necessaries, &c.) to meete at their respective courthouses, to the end they may take care for the raiseing the men, and provideing the ammunition, provision and other necessaries in and by this act, provided to be raised, and had in their respective counties, and the sherriff faileing upon notice as aforesaid to performe his dutie therein, twenty thousand pounds of tobacco, and every justice, burgess militia officer required as aforesaid, that shall after summons given by the sherriffe as aforesaid faile to meete and assist at, and in raiseing the men and provideing the necessaries afore recited in theire counties to be raised and provided, shall be fined two thousand pounds of tobacco, which said fines shall be paid to the use of the respective counties, wherein those, or any of those offences shall happen to be committed, and the right honourable the governour is hereby humbly desired if there shall bee occasion for more men then the thousand before limmitted, that his honour cause them to be raised and provided for at the publique charge of the country. And for the encouragement to the soldiers, be it further enacted by the authority aforesaid, that footmen be allowed each of them one thousand five hundred pounds of tobacco a yeare, and after that proportion for the time they shall continue in service, and horsemen two thousand two hundred and ffiftie pounds of tobacco||How men, provisions &c. to be raised and
Penalty for neglect.
Duty of sheriffs.
Pen'ty for neglect by sheriffs and others.
Addit'nal men raised.
|a yeare, and after that rate for the time they shall continue on service. if he ride his owne horse and use his owne armes and furniture, otherwise to be allowed noe more then the sallary of a foote soldier, and the overplus to be paid the owner of the said horse and armes, and that in lieu to the tobacco herein mentioned for soldiers wages they be allowed tenn shillings for every hundred, or goods to theire likeing, and further that all such soldiers shall this yeare be levie free and have the benefitt of all plunder either Indians or otherwise; And bee it further enacted by the authority aforesaid, that all Indians taken in warr be held and accounted slaves dureing life, and if any differences shall arise in cases about plunder or slaves, the cheife commander of the party takeing such slaves or plunder is to be the sole judge thereof to make equall division as hee shall see fit, and that if any horse or horses be killed in service, or armes lost, the owner or owners of such horse or armes soe lost, the owner or owners of such horse or armes soe lost, shall be satisfyed for the same of the publique, hee or they produceing a certificate from the cheife commander of the trueth thereof, and that it shall and may bee lawfull for any person commanded to goe forth to the war to quitt his owne person by presenting any other such suffitient able man in his place as his perticuler commander shall approve, be he servant or ffreeman, provided the master of such servant be consenting and the servant willing, the master to have the pay allowed by this act, and the servant the plunder to his owne proper use. And be it further enacted, that each cheife commander make choice of and in case of their refusall to impresse two able chirurgions, with suffitient meddicines, and that each chirurgion be allowed four hundred pounds of tobacco a moneth, and if the meddicines be his owne to be paid for them by the publique, together with his wages aforesaid, and that those officers who have their allowance in the counties, and are hereunder mentioned, be paid after these rates, vizt. corporalls and drummers each one hundred and fifty pounds of tobacco per moneth, serjeants two hundred and fifty pounds of tobacco per moneth, ensignes three hundred and fifty pounds of tobacco per moneth, leiftenants four hundred pounds of tobacco per moneth, captains six hundred pounds tobacco per moneth; corporalls of horse||Other emolum'ts, plunder of Indians or otherwise.|
Indians taken in war, to be slaves.
Horses killed, or arms lost, owner indemnified.
Servants, their privileges.
Pay of officers.
|two hundred pounds tobacco per moneth, cornetts four hundred and fifty pounds of tobacco a moneth, lieuts. six hundred pounds of tobacco per moneth, That the cheife commander be capt. of the horse, the allowance of the commander or commanders in cheife to be twelve hundred pounds of tobacco per moneth, and to bee paid it by the publique, and whereas it may happen that divers soldiers in this warr may be wounded, maimed, and soe disabled to gett theire owne livelihoods, Bee it further enacted by the authority aforesaid, that all such soldiers as shall be maimed and disabled in this war as aforesaid shall be maintained by the publique by an annuall pension dureing their lives, and dureing the time of such their disabilitie, And be it enacted by the authority aforesaid, that the forte in Henrico county commanded by coll. Edward Ramsay, the fortes in New Kent county commanded by coll. William Clayborne and major George Lydall, and the forte in Rappahannack countie commanded by major Lawrence Smith, which was settled or intended to be settled by vertue of a late act of assembly, be forthwith deserted, and that the soldiers to those forts belonging be quartered and disposed in the fronteere plantations for the strengthening and defence of them in such places, as the commanders of the said late fortes and militia officers in those ffrontiere counties shall appoint, but to be placed as convenient as may bee for their speedy drawing together to oppose the enemie on all occasions, and that their provision, ammunition and other necessaries to the said late fortes belonging, be removed to some convenient forted plantation where good guards are to be left for secureing thereof, and that the soldiers soe quartered as aforesaid, be accounted according to the number in behalfe of the counties to which they belong soe many as they shall amount to in part of them in and by this act enjoyned to be raised by those counties onely the one proportion of horsemen now out of any county sent by force of the said late act is to be drawne home, when the number of horse limmitted in this act is drawne out and fullfilled. And be it further enacted that all counties lyeing on James River, together with Yorke countie be accounted the southern forces, alsoe that New Kent county with all other counties to the norward of||Pension allowed to wounded soldiers.|
Certain forts discontinued, & the soldiers transferred to the frontiers.
Provisions therein how disposed of.
Soldiers therein accounted part of the quota of their county.
Rotine of duty.
Southern and north'n forces.
|Yorke river be accounted the northern forces, and that such cheife officers be appointed to command the said southern and northern forces as the right honourable the governour shall commissionate, and that such part of those forces as shall be drawne to march upon the enemie shall be quartered in the most necessarie places for defence of the frontier counties; And be it further enacted, that whatsoever the cheife commander or commanders, or any of them shall finde wanting in the severall armies, whether ammunition, provision, armes, baggage horses, or other necessaries whatever, the same shall hereby have full power to impress it and to direct their warrants to any of the officers of the militia or justices of the peace, who are hereby required to show ready obedience thereunto, and that the charge of whatsoever shall be soe impressed be defrayed by the publique, and forasmuch as it may be necessary to use Indians in this warr, Bee it further enacted by the authoritie aforesaid that whatsoever of our neighbouring Indians shall goe forth with the English to warr, each man shall be allowed one matchcoate or twenty armes length of roanoake the moneth for their service, and that they shall further be allowed one matchcoate for every prisoner they bring in alive, to be paid them by the publique, and for avoideing disputes in the choice of officers, Bee it further enacted that in such counties wherein above sixty men shall bee raised, one captain and one lt. one ensigne, two serjeants and two corporalls be made choice of in the said counties, also where above forty men is to be raised, one lt. or ensigne, two serjeants and one corporall, and where above thirty men shalbe raised, one lt. or ensigne, one serjeant and one corporall, and that the soldiers for greater encouragement have free libertie to nominate theire owne officers, Provided they choose them among the militia officers belonging to their own respective counties; and for a further constant supply of ammunition, Be it further enacted by the authority aforesaid, that the two associations of James River, and the one fourth part of the association of Yorke river, vizt. Yorke countie be obliged and commanded to furnish the southern forces, and that the remaining three fourth parts of Yorke river association, the association of Rappahannack,||Gov'r to appoint commanders of Southern & Northern
Forces, where to be quartered.
Power of impressment.
Encouragem't to indi's to engage in the war.
Appointment of officers to the counties.
To be chosen by the soldiers.
Ammunition how supplied.
|and association of Potomack be strictly oblieged and commanded to furnish the northern fforces, each association proportionable according to their respective numbers of men, and that the commissioners of each association doe make diligent enquiry what summes of money remaine in the hands of the severall collectors or treasurers, who are hereby impowered to dispose of it to the uses aforesaid, and that whatsoever shall be found remaining over and above this necessary expence, that the said commissioners of the respective associations, together with the justices, burgesses and commission officers of each county thereunto belonging be impowered to remitt the said money into England by the first convenience, there to be layed out in fitt and necessary armes and ammunition, and with the most convenient and possible speed to be sent in, and by them proportionably distributed to the several counties belonging to the said associations, there to be and remaine for each perticular counties guard and defence, or sent out upon any expedition when necessitie shall require: Provided nevertheless that it shall, and may be lawfull to and for Nathaniell Bacon, junr. Esq. genll. and commander in cheife of the force raised, and to be raised dureing this Indian warr, to raise such number of volunteers for the more expeditious carrying on this warr, as shall freely offer themselves for this service, and as to his the said Nathaniell Bacons wisdome and discretion shall seem most meet, any thing in this act to the contrary thereof in any wise notwithstanding. Provided alsoe, that if it shall happen that the number of volunteers raised, or to be raised by the said Nathaniell Bacon, Esq. as aforesaid, shall be by him found suffitient and fully effectuall for the prosecution of this present intended Indian warr in part or in the whole, that then it shall and may be lawfull, and the said Nathaniell Bacon is hereby impowered and authorized to dispense, and for what time convenient he shall in his discretion think meet, suspend the levying and raiseing of such part or all of the forces, ammunition and provisions intended, and commanded to be raised by this present act, as to his discretion shall seem most meet, he the said Nathaniell Bacon takeing a provident care that such suspension or dispensation bee equitable and proportionable to all|
How paid for.
Arms and ammunition, how procured from England.
To be distributed to the several counties.
Nath'l Bacon, jr. commander in chief.
May raise volunteers.
If volunteers sufficient, may dispense with other forces.
|counties alike to the number of tytheables of each county, any thing in this present act to the contrary thereof in any wise notwithstanding.|
|An act concerning Indian trade and traders.||Edit. 1733 and 1752.|
|WHEREAS it doth seeme fitt to this grand assembly to take away all collour and pretence of reviveing the late mischeivous Indian trade, in order whereunto, be it enacted and ordained by the governour, councell and burgesses of this grand assembly and by the authority of the same, that the clause in one act made at a grand assembly on the seaventh of March last past, which permitted five persons in each county to trade with the Indians be henceforth repealed and made voide, and further that all trade and commerce with Indians is hereby utterly prohibitted, and all commissions for Indian tradeing whatsoever are hereby revoaked, made null and voide. Provided nevertheless that it shall and may be lawfull that such Indians who shall serve the English in the warr, and onely such be supplied to the vallue of their wages and pay for the takeing prisoners in such necessary things as they shall want, armes and ammunition wholly excepted, and it is hereby intended that our neighbour Indian ffriends bee not debarred from fishing and hunting within their owne limmits and bounds, useing bowes and arrowes onelie. Provided also that such neighbour Indian ffriends who have occasion for corne to releive their wives and children, it shall and may be lawfull for any English to employ in fishing or deale with fish, canooes bowles, matts or basketts, and to pay the said Indians for the same in Indian corne, but noe other commodities, any thing in this act, or any other act to the contrary notwithstanding, and that whosoever contrary to the intent and meaneing hereof shall truck, trade or deale with any Indian for any other commodities then those before in this act limmited and provided, or upon findeing any Indian commodities in his or their houses and possessions other then what is|
Act II. of Mar. 1675-6 repealed.
All trade with Indians prohibited.
Indians serv'g with English in war, to be supplied to the value of their wages, except arms and ammunition.
Not to prevent friendly Ind'ns from hunting or fishing within their own bounds.
Nor to hinder trade for corn, to relieve the wives & children of the Indians.
Penalty for dealing with Indians contrary to this law.
|herebefore mentioned, and by this act allowed, and that shall thereof be lawfully convict, shall be fined tenn thousand pounds of tobacco, the one halfe of which fine to the use of the publique, and the other halfe to the informer; Provided alwayes it be not such Indian commodities as shall be taken in warr, which must be made appeare to be such by certificate from the cheife officer that such commodities were soe taken, and every soldier who shall take the same, shall give an account thereof to the next justice of the peace how and to whome he hath disposed of it. And further bee it enacted, that what person soever within this colony, who hath in his hands or custody any goods or truck prohibited as aforesaid, and that came into his possession before the makeing this act by any lawfull means whatsoever, shall not on or before the tenth day of July next present the same to the viewe of some justice of the peace to the end a certificate thereof may be had and granted shall be holden and deemed to be within the penalty of this lawe, and amerced accordingly, and that any inhabitant in this country killing any beaver, otter, wildcatt or foxe, shall for his securitie immediately convey the skinne thereof to the next justice of the peace, who is hereby required to grant certificate thereof, and to examine every such person upon oath before he issue such certificate.|
Proviso, as to goods taken in war.
Certificate to be obtained from a justice as to prohibited articles.
|An act concerning Indian lands deserted.||Edit. 1733 and 1752.|
|WHEREAS this country is now engaged in a warr against the Indians, and will thereby inevitably be at great cost and charges in prosecuteing the same, and whereas at or about the last conclusion of peace with the Indians, certain great quantities of land was assigned and sett apart, for them which lands were they sold for the use of the country would in some measure help to defray the publique charge aforesaid; this house of burgesses thereupon n the name of the whole country doth humbly entreate his majesties governour and captain generall of the country, together with the councill of state that it may be granted, Bee it therefore enacted and ordained by the governour, councell and||Preamble.|
|burgesses of this grand assembly, and by the authority of the same, that all lands whatsoever sett apart for Indians in the last conclusion of peace with them and other Indian lands as now are, or hereafter shall be by them deserted, bee not granted away by pattent to any perticuler person or persons, but that the same be reserved, and by due forme of law vested on the country, and dispose to the use of the publique towards defraying the charge of this warr. Provided alwaies that this act nor any thing therein contained shall prejudice any legall grants heretofore made to any person or persons whatsoever of any part or parcell of the said lands, and all such Indian lands as have bin pattented since the peace aforesaid, and before such desertion shall be held and deemed to be illegally pattented.||Lands set apart for Indians at the last peace, or hereafter
deserted by them, to be vested in the country; & disposed of to defray the charges of the war.
Not to affect prior or legal grants.
|An act for suppressing of tumults, routs, &c.||Edi. 1733 and 1752.|
|WHEREAS of late there hath bin many unlawfull tumults, routs and riotts in divers parts of this country, for prevention of such insolences, and punishing offenders in that kind, the lawes of England hath well provided if the same bee put into due execution, Bee it therefore enacted by the governour, councell and burgesses of this grand assembly, and by the authoritie thereof, that every respective officer and magistrate within this countrey, civill and military, from a constable to the highest civill magistrate, and from the lowest to the highest militia officer, be hereby impowered and strictly commanded for the suppressing and punishing all such unlawfull assemblies, routs riotts and tumults, to use all lawfull wayes, authoritie, power and command, and whosoever shall be at any time disobedient to any the lawfull commands of any such civill or military officer or magistrate either in assisting, suppressing, quieting and punishing of any unlawfull assemblyes, routs or tumults as aforesaid, shall be accounted, judged and punished as mutinous and rebellious. And whereas certain ill disposed and disaffected people of late gathered and may again gather themselves together by beate of drumme, and||Preamble. |
Every officer & magistrate, civil & military authorised to suppress unlawful assemblies, routs, riots & tumults.
Punishm't for raising them.
|otherwise in a most apparent rebellious manner, without any authoritie or legall commission, which may prove of very dangerous consequences, Bee it therefore enacted by the authority aforesaid, and the right honourable the governour is requested upon the appearance of any such unlawfull assemblies and rebellions, when or whereof soever within this country such shall happen, that hee will please with all possible expedition to raise sufficient force at the publique charge to suppress the same, and inflict condigne punishment upon the offenders, which will conduce to the great safety and peace of this country, and enable us the better to defend ourselves against the barbarous and common enemie.|
Rebellion to be suppressed by military force.
|An act for the regulateing of officers and offices.||Edit. 1733 and 1752.|
|WHEREAS divers complaints have bin made throughout the country of the abuses and other ill management and administration of divers offices, and hath bin represented to this assembly, that redresse may be had therein, in order whereunto, Bee it enacted by the governour, councell and burgesses of this grand assembly, and by the authority of the same, that noe person whatsoever within this country shall exercize, hold and enjoy the office of sherriffe or under sherriffe more then one yeare successively, and if any person or persons whatsoever within this country from and after the first day of May next, shall accept the said office of sherriff or under sherriff, and shall execute, hold or enjoy the same by him or themselves, or by his or their deputies contrary to the true intent and meaninge shall be ffined twenty thousand pounds of tobacco to the use of the countie where he so officiates, any lawe, custome or usage to the contrary notwithstanding, and that according to a former act of assembly the sherriffs place be enjoyed by the severall commissioners of the respective countyes successively; And bee it further enacted by the authoritie aforesaid, that noe person or persons whatsoever shall hold or enjoy any two of these offices hereafter named at one||Preamble.|
No person to hold the office of sheriff or under sheriff more than one year successively.
Sheriff's place to devolve on the justices in rotation.
|and the same time, being offices of profitt, vizt. the offices of sherriffs, clerke of courts, surveyor and escheator, from and after the first day of Aprill next ensueing, under the penaltie of five hundred pounds of tobacco everie week, hee or they shall hold and enjoy the same contrary to the true intent and meaning hereof, Provided nevertheless that the offices of clerks who attend upon the assemblies, shall not be accounted and deemed to be one of the offices prohibitted to be holden and enjoyed by this act, any thing to the contrary notwithstanding. And be it further enacted by the authoritie aforesaid, that noe person or persons whatsoever, the natives of this country and ministers excepted, shall from and after publication hereof bee admitted to have, beare and enjoy any office or offices within this country, until he or they have bin constantly resident and abideing in the country for the space of three yeares imediately before his being made an officer, and further that no person or persons whatsoever convicted of any notorious crime, shall be capeable of haveing, holding or enjoying any office or offices in this country, but utterly incapeable thereof for ever. And whereas it hath bin represented that sundry the inhabitants of this country have bin delayed in the dispatch of their busines at the secretaries office, for prevention whereof for the future, Bee it enacted by the authority aforesaid, that any person or persons repairing to James Citty about the dispatch of his or their busines, in or about the said secretaries office, and shall be delayed by neglect or other remissnesse of the clerke to that office belonging, and shall make due proofe of such neglect or remisnesse before some magistrate in the said Citty, he or they soe greived, or delayed shall be paid by the said clerke one hundred and fifty pounds of tobacco for every day delayed, any usage to the contrary not withstanding. And be it further enacted, that if the secretarie, any clerke of a county court, sherriff, escheator, surveyor, collector or any officer or minister whatsoever, theire or either of their deputies or substitutes executing or holding any place or office within this country, shall demand, take and receive of or from any person or persons whatsoever, any summe or summes of tobacco, money or other goods by pretence or colour, of his or their place or office, or for||No person to hold two of the offices of sh'ff, clerk of court,
surveyor, or escheator at the same time. |
Not to extend to clerk of assembly.
None but natives, or those who have resided in the country three years capable of holding any office;
nor person convicted of any notorious crime.
Secretary's office regulated.
Penalty for delaying persons attend'g there on business.
Penalty on secretary, clerks of courts, sheriffs, escheators, surveyors, collectors or other officers, for tak'g more than legal fees.
|any busines he or they shall not really doe, over and above what is allowed him or them by the acts and orders of assembly, and be thereof lawfully convict, shall pay unto the party greived as aforesaid forty pounds of tobacco for every pound soe wrongfully taken and received as aforesaid, any custome or usage to the contrary notwithstanding. Provided nevertheless that if there be any other matter or thing which the clerkes of the generall courts or county courts, or any other officer or minister as aforesaid shall performe or doe, not mentioned, or for which no fees are ascertained in the acts or orders of assembly, that then it shall be lawfull and the respective courts are hereby impowered and authorized to sett and ascertaine the same, and that the ffee soe ascertained may be demanded, taken and received accordingly. And whereas the honourable secretary or his clerke under him do demand take and receive eighty pounds of tobacco for every severall parcell of land granted by pattent although the said severall parcells of land be all included in one pattent, Bee it therefore enacted that eighty pounds of tobacco onely bee paid or received for the whole in time to come, under the pennaltie last before recited, and that neither the honourable secretary, the clerkes of the county courts, nor any sherriff nor coroner, except onely the sherriff of James Citty county for the time being, shall from and after the first day of August next, be allowed either in the publique or countie levies for any service by them done in or about their said respective offices for the publique or generall service of their counties, any lawe usage or custom to the contrary notwithstanding. And be it further enacted, that wheresoever in any county within this country, there shall happen the occasion to sue a coroner, then and in such cases the next justice of the peace shall, and hereby is required and authorized to execute that office and perform the same ex officio, and that forasmuch as the county courts are answerable for the actions of the respective clerkes, that it be declared by the authoritie of this grand assembly that it is an inherent and unquestionable right belonging to the said county courts to nominate, appoint place and displace their clerkes as they see cause.||Provided, that the court may allow for services not specified
Abuses in the secretary's office.
Fee for several parcels of land in one patent ascertained.
No allowance to certain officers for public services.
Justice may officiate as coroner.
County courts may appoint & displace clerks at their pleasure.
|An act for chooseing of Vestries.||Edit. 1733 and 1752.|
|WHEREAS the long continuance of vestries in severall parishes in the country is presented a greivance, for remedy whereof for the future, Bee it enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, that it shall and may be lawfull at any time after publication hereof, for the freeholders and freemen of every parish within this country by the majoritie of votes to elect and make choice of (if they see fitt) certaine freeholders or substantiall householders to the number of twelve within their respective parishes, which said twelve shall be and hereby are constituted the vestrie of the parish, where they are soe chosen to order, regulate and mannage the parochiall affaires thereof, and such election of a vestrie to be made in Easter weeke, and once in every three yeares, and that the churchwardens for the time being, make publication two Lords dayes next immediately before the day of election to the intent the people may meet at the church to that end and purpose.||Preamble.|
Election of 12 vestrymen, once in every 3 years, to be by freeholders & freemen.
Church wardens to give notice of election.
|An act enabling freemen to vote for burgesses and preventing false returnes of burgesses.||Edit. 1733 and 1752.|
|BEE it enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, that the act of assembly made in the 22d yeare of his majesties reigne that now is, which forbids freemen to have votes in the election of burgesses be repealed, and that they may be admitted together with the freeholders and housekeepers to vote as formerly in such elections. And whereas the frequent false returnes of sherriffs upon writts for election of burgesses, have caused great disturbances and endangered much the peace of his majesty and quiett of his subjects, for prevention whereof for the future. Bee it further enacted by the authority aforesaid, that if any||Act of 1670 forbidd'g freemen to vote for burgesses, repe'd & they to vote as formerly, together with freeholders and housekeepers.|
|sherriff within this country shall at any time after publication hereof make false returne of any burgess or burgesses, and be thereof legally convict, shall be fined and pay twentie thousand pounds of tobacco to the use of the countie, and tenn thousand pounds of tobacco to the partie greived, together with all costs and damages.||Penalty for making false returns of burgesses.|
|An act for representatives to vote with the justices at Levie Courts, and makeing by lawes.||Edit. 1733 and 1752.|
|WHEREAS the justices of the county courts of this country have accustommarily sett and annually laid a rate or sessment upon the people of their counties, in and under the name of their countie levie, and whereas it hath been suspected by divers persons that under colour thereof many sums have bin raised in divers counties, for the interest of particular persons to the prejudice of the said counties, for prevention whereof, and of any suspicion that may be raised of any such abuses for the time to come, Bee it enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, that some of the discreetest and ableest of the inhabitants of each county, equal in number to the number of justices appointed by the right honourable, the governour for the said countie be yearly chosen as their representatives, vizt. for each parish a like number to be chosen by majoritie of votes of householders, ffreeholders and ffreemen of each parish, to that end and by the churchwardens for the time being of every parish appointed to meete at some convenient place and time in September, which said representatives, together with the justices aforesaid, are to meet at the usual place for laying the levie, and are hereby authorised and impowered to have equal votes with them, the said justices in laying the countie assessments, and of making wholesome by lawes for the good of their counties.||Preamble, reciting abuses committed by justices in laying the
Representatives to be chosen in each parish to act with the justices in lay'g the county levy & making by-laws.
|An act for countie courts to appoint their collectors and disabling counsellours to vote in countie courts.||Edit. 1733 and 1752.|
|WHEREAS the county courts are answerable for all publique dues within their counties, Be it enacted by the governour, councell and burgesses of this grand assembly and by authoritie of the same, that each county court have power and authoritie to appoint such person or persons as they shall think fitt to bee collectour or collectours of all publique and countie levies and dues that shall be imposed upon their counties, and that none of the gentlemen of the honourable councill sitt to vote or determine any matter or cause whatsoever amongst the justices in the said county courts, any usage or custome to the contrary notwithstanding, for that the said honourable persons are not answerable for any of the county courts actions.||County courts to app'nt their own collectors of levies and pub.
dues imposed on the county.|
No member of the council to vote with the justices.
|An act for limitting Sherriffs, &c. a time to demand the levies and for tenders to be made them.||Edit. 1733 and 1752.|
|WHEREAS sundry persons have bin and still are lyable to bee prejudiced by remissness of sherriffs and collectors of the publique dues, who often take disadvantageous times in demanding and receiving their said dues, Be it enacted by the governour, councell and burgesses of this grand assembly, and by the authoritie thereof, that the 80th act of assembly of the printed laws, limitting a certain time when creditors shall demand their debts shall be interpreted and holden to extend to sherriffs and other collectors of the country dues, and that the publique or county debtors have all the benefitt and libertie of the second act of the assembly, which admitts tenders of tobacco, according to the intent, meaning and purport thereof, Bee it further enacted, that in case of collecting the publique or other dues, any sherriff or collector at any time seize more tobacco then is there due, that they shall immediately satisfie the partie or else take his or their just due out of the hogshead.||Preamble.|
The act limiting the time of demanding debts extended to sheriffs & collectors.
Public & county debtors entitled to privilege of tendering tobacco.
Duty of sheriffs seizing a hogshead of tobacco.
|Two Justices of the Quorum to signe probates, &c.||Edit. 1733 and 1752.|
|WHEREAS by the 64th act of assembly in the printed laws, the county courts are authorised to grant probates and administrations on estates of intestates, which probates and administrations are usually signed by the right honourable sir William Berkeley, knight, governour, &c. It is now thought fitt, and be it enacted, by the governour, councell and burgesses of this grand assembly, and by the authoritie of the same, that it shall and may be lawful for any two justices of the quorum in their respective counties, to signe such probates and letters of administration for the future, provided that the certificates be sent to Mr. Secretaries office as is provide by that law.||Preamble.|
Two justices to sign probates, as well as the gov'r.
Certificates to be sent to secretary's office.
|Councellors and Ministers families to pay levies, and money allowed them.||Edit. 1733 and 1752.|
|FOR the greater ease of the country and defraying general charges thereof, Bee it enacted by the governour, councill and burgesses of this grand assembly, and by the authority thereof, that the 55th act of the printed laws soe farr as it relates to the honourable councill of state and ministers, bee and hereby is repealed, and that for the future the persons of the councill and all others of their families be liable to pay levies, and that in lieu and stead thereof the tithables herein and by this act taken off, and the honourable persons be allowed out of the impost of two shillings per hogshead, one hundred pounds yearly, more than hath usually bin allowed them, and that the said one hundred pounds, together with the former allowance of money, be distributed, by the right honourable the governour amongst such of those gentlemen of the councill as attended at the generall courts and assemblies, and that the person of every minister bee exempted from paying levies, but all other tithable persons in his familie shall bee liable to pay levies, and that ffive pound out of the impost||Act exempt'g councillors, & ministers, and their families from
payment of levies, repealed.|
Additional salary to councillors −− together with former, to be paid according to their attendance.
persons of ministers exempted from levies.
Five pounds allowed the minister who officiates at the general court and assembly.
|afforesaid be allowed and paid each generall court or assembly to such one minister as the governour shall appoint to officiate at those times, and further that the familie of the right honourable the governour, excepting the freemen therein, be excluded from paying publique and countie levies, as alsoe all such indigent people, as the countie court shall see fitt to excuse and leave out of their lists of tithables.||Governor's family, except the freemen therein, exempted; also such indigent persons as the county courts may exempt.|
|An act altering the encouragement for killing wolves.||Edit. 1733 and 1752.|
|WHEREAS it is represented that there is much inequallitie in the present allowance for killing wolves, Bee it enacted by the governour, councill and burgesses of this grand assembly, and by the authoritie, thereof, that the law for allowing two hundred pounds of tobacco for every wolves head bee repealed, and that it bee left to the county courts by their by laws to give what encouragement they shall see fitt for killing wolves in their respective counties.||The act allowing 200 lb. tob. for each wolf killed, repealed; & county courts to give a rew'd at their discretion.|
|An act for the further prevention of mischief from unrulie horses.||Edit. 1733 and 1752.|
|BEE it enacted by the governour, councill and burgesses of this grand assembly, and by the authoritie thereof, that if any horse, mare or gelding, be found trespassing within another persons enclosure, lawfully fenced, the owner thereof shall pay to the owner of such enclosure, one hundred pounds of tobacco for every time soe found trespassing, and all other damages allowed by any former act in such case provided, and if it shall happen that the owner of such horse, mare or gelding be unknowne, the party endamaged as aforesaid shall put a with about such horse, mare or geldings neck, enter the description of the same in the countie court, and after twelve monthes and a day make use thereof until the owner be knowne, and||Additional damages for trespasses committed by horses, into lands
Proceedings where owner is not known.
|make his right appear, who shall thereupon have his horse, mare or gelding delivered unto him, he paying the damages and charge of keeping the same.|
|An act against exportation of corne.||Edit. 1733 and 1752.|
|BEE it enacted that the late act prohibiting the exportation of corne be continued untill the last day of the next session of assembly.||Act prohibiting exportat'n of corn, further continued.|
|An act for the suppressing of ordinaries.||Edi. 1733 and 1752.|
|WHEREAS it is most apparently found that the many ordinaries in severall parts of the country are very prejudiciall, and this assembly finde the same to be a generall greivance presented from most of the counties, Bee it therefore enacted by the governour, councill and burgesses of this grand assembly, and by the authoritie of the same, that no ordinaries, ale houses, or other tipling houses whatsoever, by any the inhabitants of this country, be kept in any part of the country except it bee in James Citty, and at each side of Yorke river, at the two great ferries of that river; Provided, and it is hereby intended that those at the ferries of Yorke river as aforesaid, be admitted in their said ordinaries to sell and utter man's meate, horsemeate, beer and syder, but no other strong drinke whatsoever; and that all other ordinaries, ale houses and tipling houses whatsoever, in the country, (except as before excepted) be utterly suppressed, and whosoever shall presume to sell any sorte of drunke or liquor whatsoever by retail, under any colour, pretence, dilusion or subtile evasion whatsoever to be drunke or spent in his or their house or houses, or upon his or their plantation or plantations, from and after the tenth day of September next, and be thereof lawfully convicted, shall pay to the informer for each time hee shall soe offend, and bee thereof lawfully convicted as aforesaid,||Preamble.|
All ordinaries, alehouses and tippling houses suppress'd, except at particular places:
and they not to sell spirituous liquors.
Penalty for evading this act.
|one thousand pounds of tobacco, wherein no wager of lawe shall be admitted or allowed, any act, law, usage or custome to the contrary notwithstanding.|
|An act limmitting the bounds of James Cittie.||Edit. 1733 and 1752.|
|BEE it enacted by the governour, councill and burgesses of this grand assembly, and by the authoritie of the same, that the bounds of James Cittie include the whole island as farr as Sandy Bay, and that from henceforth the burgess or burgesses that shall be hereafter chosen to serve for the said Citty be elected by the majoritie of votes of the housekeepers, freeholders and freemen, as are at the time of such election listed within the bounds aforesaid, and soe liable to pay levies there, and by none other, any custome or usage to the contrary notwithstanding; and further, that the householders and freeholders have full power, and hereby be authorised, between this and the next assembly to make such good and convenient by laws as they shall think fitt, provided that the said by laws intrench not upon the privileges of James City county or any other county in the country.||Limits of Jas. City defined.|
Burgess, how chosen for.
Inhabitants may make by-laws.
|An act repealing lawes concerning Accomack and Northampton.||Edit. 1733 and 1752.|
|BEE it enacted by the governour, councill and burgesses of this grand assembly, and by the authoritie thereof, that all lawes prohibiting appeals from the counties of Northampton and Accomack, soe farr forth as it relates to the said counties be repealed, and that appeals from the county courts of Northampton and Accomack aforesaid lye open.||Appeals allowed from Accomack & Northampton.|
|An act of general pardon and oblivion.||Edit. 1733 and 1752.|
|HIS Majesties most honourable governour of this collony of Virginia, out of a hearty and pious desire to put an end to all suites and controversies, that by occasion of the late distractions have arisen, or may arise between any the inhabitants under his government aforesaid, and to the intent that noe crime whatsoever already committed shall hereafter rise in judgment, or be brought in question against either of them in their lives, liberties, estates, or to the prejudice of their reputations by any reproach or tearm of distinction, and to bury all seeds of future discord and remembrance of any thing whereby they may be obnoxious to any paines or pennalties whatsoever is pleased it may be enacted, and bee it enacted by the said honorable governour, the honorable councill of state and burgesses of this grand assembly, that all, and all manner of treasons, misprision of treasons, murders, fellonies, offences, crimes, contempts and misdemeanors, councelled, commanded, acted or done since the first day of March last past, untill the four and twentyeth day of June by any person or persons in this government be pardoned, released, indemnified, discharged and put in utter oblivion, and that all and every person acting, adviseing, assisting, abetting and councelling the same, they, their heires, executors and administrators be, and are hereby pardoned, released, acquitted and indemnified discharged from the same, and of and from all paignes of death and other paines, judgments, indictments, convictions, attainders, outlawries, penalties, escheates and forfeitures therefore had or given, or that might accrue for the same, which are hereby declared and enacted to be wholly null and voyde, and that this free pardon indemnitie and oblivion shall be as good and effectuall in lawe to every inhabitant of this country, as if they and every of them had been perticularly and plainly named, rehearsed and specified, and alsoe pardoned by express words and names in their kindes, natures and qualities by words and terms thereunto requisite to have bin putt in and expressed in this present act of indemnity free pardon||Preamble.|
All treasons, &c. committed between the 1st of March and 25th of June, pardoned.
|and oblivion. Provided nevertheless that this act nor any thing therein contained shall not extend to pardon or indemnifie any person or persons whatsoever, of or from any fines, forfeitures, paines, punishments, judgments, condemnations, sentences and decrees accrueing, ariseing, had, past and obtained thereupon by reason of the breach of any lawe prohibiting trade or commerce with Indians, or relating in any sorte to the Indian trade, but that they and every of them from all benefitt and advantage of this act by reason of the premisses be utterly barred and excluded.||Not to release penalties for breaches of the law concern'g Indian trade.|
|An act disabling Edward Hill and John Stith to beare office.||Edi. 1733 and 1752.|
|WHEREAS it is notoriously manifest that Edward Hill, commonly called lt. coll. Hill, and John Stith, commonly called lt. Stith, both of the parish of Westover, in the countie of Charles Cittie, have bin the greatest instruments and occasion of raiseing promoteing and stirring up the late differences and misunderstandings that have happened between the honourable governour and his majesties good and loyall subjects, the inhabitants of Charles Citty aforesaid and Henrico counties, and in moveing, provoaking and occationing those grevious complaints which have justly been made against the illegal and unjust burthensome taxes which for divers yeares last past by the art, skill and cunning of the said Hill and Stith, or one of them, and by advantage of theire being publique majestrates, officers or ministers for theire private ends and gaine imposed and raised on his majesties said subjects of Charles Citty county, Bee it enacted, and it is hereby enacted by the honourable governour, councill and burgesses in the present generall assembly assembled, and by the authoritie thereof, that all commissions, grants, concessions or elections, whereby the said Edward Hill and John Stith have, or claim to have any office of authoritie, either civill or military in the said parish of Westover, or county of Charles Citty be from henceforth null and voide to all intents and purposes||Preamble, reciting that col. Hill & col. Stith created
misunderstandings between the governor and people; and were the cause of oppressive taxes,
They disqualified from any office, civil or military.
|whatsoever. And further be it enacted, and it is hereby enacted by the authoritie aforesaid, that the said Hill and Stith, and either of them be from henceforth utterly excluded, debarred and made incapable of haveing, useing, exerciseing or enjoying or to have, use, exercise or enjoy any office of trust, judicature or proffit, or any other office either civill or millitary whatsoever within the countye of Charles Citty, at any time hereafter for ever.|
|Signed by Sir WILLIAM BERKELEY,
THOMAS GODWIN, Speaker.
(Note to edit. 1733 & 1752.)
|All the acts and orders of this assembly by his most sacred majesties instructions and proclamation to all intents and purposes, are made voide, null and repealed, and also by the fourth act of assembly bearing date at Green Spring, February the 20th, Ao. 1676-7.|
|(Note to Ch. Cit. and P. Rand. MSS.)|
|Pages 326-340||Pages 366-386|