|Pages 366-386||Pages 407-432|
|An act for ascertaining the price of cockquetts.||Edit. 1733 and 1752.|
|WHEREAS complaint hath been made to this assembly that for tymes past there hath beene usually taken and received severall and diverse summes of money from the inhabitants of and traders in this country under the notion of cockquett money in some places one penny per hogshead, and in some places twelve pence for every cocquett, or severall bills of ladeing for tobacco shipped, or divers and sundry markes in one bill of ladeing, and that there hath hitherto beene no law or act of assembly for the same. Bee it therefore enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, and it hereby is enacted, that from and after publication thereof, the rate and price for every cocquett be as followeth: one halfe penny the hogshead for all such quantityes or parcells as shalbe contained in one bill of loading or entry which shall not exceed the number of twenty hogsheads and twelve pence for every cocquett, for all such quantityes as shalbe contained in one bill of loading or entry which shall exceed the number of twenty hogsheads, and noe more shall be taken for each cocquett, although different markes shalbe mentioned and conteyned in one and the same entry or bill of loading. And be it further enacted by this present grand assembly, and by the authority thereof, and it is hereby enacted, that the acts of assembly made in the yeare 1661-2, the acts made in the yeare 1666 and 1669, which allowes the impost money of two shillings per hogshead to such owners as dwell and reside in Virginia, be from henceforth repealed, excepting only to such owners of such ships or vessells as already hath beene built, or shall hereafter be built in Virginia, and shall wholy belong (bona fide) to owners resideing in this colony. Provided alwayes that such ships as now are within the capes, and are wholy belonging to Virginia owners, bee for this present voyage free from paying the said impost according to the intent and meaning of the afore recyted acts. And be it further enacted, that for the tyme to come there be noe fees taken for vessells built in this colony, and wholy belonging to the inhabitants of this||Purvis 200.|
Halfe penny pr. hhd. for all bills of lading not containing above 20 hhds.
12 pence for every cockquett, in bills of lading exceed'g 20 hhds.
Cert'n acts allowing an impost of 2s. per hhd to persons residing here repealed.
What fees may be taken for vessels built here, & wholly belonging to inhabitants of Virginia.
|country other then two shillings six pence for entry, two shillings sixpence for lycense to trade, two shilling sixpence for lycense to trade, two shillings six pence for clearing, and two shillings six pence for the bond.|
|An act lymiting masters dealing with their servants.||Edit. 1733 and 1752.|
|WHEREAS severall complaints are made that diverse and sundry masters during the tyme of severall their servants servitude, and more especially some small tyme before the expiration of their tyme of service, doe by indirect meanes, make sundry and diverse bargaines and agreements with their servants to their owne unreasonable advantage, and to the servants great ingury, hurt, and damage, who because of his coverture is drawne in, and oftentimes necessitated to comply with the averitious, temper and unreasonable desires of such masters; for the prevention whereof for the future, Bee it enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, and it is hereby enacted, that from and after the publication hereof, it shall not be lawfull for any master of servant or servants, before the tyme of his first service by indenture is expired and fully ended, to make any bargaine or agreement with his servant or servants, either for such servants cloathes, corne or otherwise, except the same be made and confirmed betwixt such master and servant, bargaining and agreeing in the presence of and with the approbation and good likeing of some one or more justices of the peace in the county were such master resides, upon the penalty of forfeiting such tyme of service as shalbe due to the master at the tyme of makeing such bargaine or otherwise, and in other manner then is herein by this law sett downe, meant, and intended, and alsoe all other agreements contained, conditioned for or concluded in such bargaine or agreement whatsoever.||Purvis 201.|
No master to contract with his servant but in presence & with the approbation of a justice of the peace.
|An act lymitting of receipt and payment of Tobaccoe.||Edit. 1733 and 1752.|
|WHEREAS severall persons have beene and still are lyable to be prejudiced by the remissness of sherriffes and collectors of the publique and county levyes, who often take advantageous tymes to demand and receive the publique dues and other collections, for which they may for, or in severall causes make seizure and distresse, for prevention whereof for the future, be it enacted by this present grand assembly, and by the authority thereof, and it is hereby enacted, that the eightieth act of assembly in the printed booke of acts lymitting a certaine tyme when creditors shall demand their debts, shall be interpreted and holden to extend to sherriffes and other collectors of the publique and county levye, and of all other sherriffes or clerkes ffees, may have the benefitt or liberty of the second act of assembly, made in the yeare 1666, which admitts of tenders of tobacco to the creditors according to the full intent, meaning, or purport thereof. And be it further enacted by this present grand assembly and the authority thereof, that in case of collecting the publique or county dues or other ffees as aforesaid, any sherriffe or collector shall at any tyme make seizure or distresse of more tobaccoes then is at that tyme due from the debtor, that in all such cases the person seizing shall make imediate satisfaction to the party from whome they shall make such seizure, or otherwise that they be allowed to take his overplusse tobaccoe out of the hogshead soe seized, that noe sherriffe or publique collector shall or may from and after the publication of this act presume to make seizure of any hogsheads of tobaccoes before that tyme payd away and marked, if there be at that tyme other merchantable tobaccoes ready in such plantation where such shalbe offered and tendered by the debtor. And be it further enacted by the governour, councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that the justices of the peace holding court be by vertue of this act for the tyme to come fully impowred||Purvis 202.|
80th act in the printed book. (ante pa. 104) limitt'g a time to demand tobacco extended to sheriffs & collectors.
Sheriff or collector seizing a hogshead of tob'o for pub. dues, to make immediate paym't to the party of the overplus or permit him to take it out of the hhd.
Not to seize tobacco paid away and marked.
Justices to appoint collectors.
|to comissionate and appoint the respective collector or collectors of the county or of publique levyes. And whereas complaint hath beene made, that some tymes one and the same person have offitiated at one and the same tyme in the office of a justice of the peace, and the clerke of the county court, which hath beene found inconvenient, for the prevention whereof for the future, Bee it enacted by this present grand assembly, and the authority thereof, and it is hereby enacted that noe person whatsoever shalbe capable at the same tyme of being justice of the peace and clerke of the county court, or of being at one and the same tyme high sherriffe of the county, and county court clerke; and for the greate ease of the inhabitants of this colony. Bee it enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that from and after the publication of this act, it shall and may be lawfull for the county clerke to depute the high sherriffe or under sherriffe of the county to enter such actions as shalbe brought to them or either of them, and that such entryes shall be held good in law. And for the better guide of county courts and more sure administration of justice, Bee it enacted by this grand assembly, and the authority thereof, that such of the honourable councell of state as will please at any tyme to sitt in any county court in Virginia, shall and may have equall vote with any justice of the peace of or belonging to the said courts, and that such councellors soe setting with the courts be, by the clerke entered to sitt there and be equally liable and responcible with every other justice of the peace for all such acts or orders of court, he shall at the tyme of such sitting with the court give his vote and assent to. Bee it further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted that noe person whatsoever not borne in this colony from and after the publication of this act shalbe capable of bearing any office within this colony of Virginia, whether civill or military, (unles comissionated by his most sacred majestie) before such person have beene dwelling and residing three whole yeares in this his majesties colony. And be it further enacted by the governor, councell and burgesses of this grand assembly and the authority thereof, and it is hereby enacted, that all such persons as have beene convicted||No person to act as justice & clerk, or sheriff & clerk at the
Clerk may depute high or deputy shff. to enter actions.
Members of council may sit in c'nty courts.
No persons not natives to hold any office civil or military, till they have resided here 3 years.
Convicts in England or elsewhere for ever disqualified from holding offices.
|in England or else where, and are either now resideing in, or hereafter shall come into this country, bee forever uncapable of bearing office, civill or military within this his majesties colony of Virginia; And be it further enacted by this present grand assembly and by the authority thereof, and it is hereby enacted, that whereas the sixty ffourth act of assembly in the printed booke of acts doth impower the county courts to grant probates and letters of administrations, which probats and letters of administration are usually signed by the right honourable the governour, which is not only burthensome to his honour, but inconvenient to the inhabitants, Bee it enacted that from and after the publication hereof, it shall and may be lawfull for any two justices of the quorum in their respective counties to give such probates and letters of administration, and the same soe signed shalbe held and deemed good in law: Provided alwayes that certificates thereof be sent to Mr. Secretaryes office, as is provided by the aforesaid act of assembly.*||Any 2 justices of quo'm may sign probates.|
Certificates to be sent to secretary's office.
|An act repealing the acts allowing free tithables to divers persons.||Edit. 1733 and 1752.|
|WHEREAS by severall acts of assembly it is provided that every respective councellor and tenn of his tithables shalbe free from paying any publique or county levyes, and alsoe that every minister and six tythables for their attendance at James Citty in generall||Purvis 205.|
(See ante page 359, act XII of Bacon's laws.)
|* It is remarkable that many of the acts of this session are taken almost verbatim from Baron's laws (see ante p. 354, 359, &c.) a conclusive proof that very great abuses had crept into the government, which those in authority were unwilling to acknowledge; nor had they the magnanimity to give Bacon credit for the good he had done. But, on the contrary, after having repealed all the laws passed under his influence, and stigmatized him as a traitor, they selected those which they deemed most valuable, and re-enacted them in the very same words. Just so, the British parliament acted with Oliver Cromwell. In the first year after Charles II. came to the throne, the celebrated navigation act, which originally passed during the existence of the republic, with many others, were re-enacted, as of the twelfth year of the reign of Charles II; thus considering the time of the republic and Oliver Cromwell's protectorship, as a period which never existed, and blotting out every remembrance of that epoch, from their statute book.|
|court tymes and tymes of assembly be free from paying levyes (which lawes are found unequall and inconvenient) Bee it therefore enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, and it is hereby enacted, that all former lawes relateing thereunto, be henceforth repealed, and that in stead thereof, Bee it enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that there be annually paid and allowed out of the moneys arriseing upon impost of two shillings per hogshead to the councellors attending the severall courts and assemblyes, over and besides the two hundred and ffifty pounds sterling according to severall acts and orders of assembly annually heretofore paid them one hundred pounds sterling, which together with the said two hundred and ffifty pounds sterling, makes in the whole three hundred and ffifty pounds sterling, and that all the said three hundred and ffifty pounds sterling to be annually paid as aforesaid, shall be distributed and proportioned among the several councellors attending at generall courts and assemblyes according to their attendance at the same proportionally, which distribution and proportioning shalbe annually made by the right honourable the governour to the severall councellors according to their attendance more or lesse at generall courts or assemblyes. And be it further enacted by this present grand assembly, and the authority thereof, that there be anually paid out of the said impost money, to such minister or ministers as by the right honourable governour shalbe appointed, and shall attend at generall courts or assemblies five pounds sterling for their attendance for every generall court or assembly they shall attend, and that noe person or persons heretofore tythable by any other law, custome or usuage be from henceforth exempted from paying publique or county levyes, the right honourable the governour and his servants excepted, the single persons of every one of the councell, and also all ministers beneficed in this colony, and such lame or impotent persons as ready are, or shall from tyme to tyme be ordered to be exempted out of the lyst by the county courts wherein they dwell.|
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 attendance.
Five pounds allowed to the minister who officiates at the gen'l court and assembly.
Governor and his serv'ts, the persons of councillors & ministers exempted by county courts levy free.
|An act Regulating Ordinaries, and the Prices of Liquors.||Edit. 1733 and 1752.|
|WHEREAS the multiplicity of ordinaryes in this colony is found to be pernicious and hurtfull to the inhabitants, Bee it therefore enacted by the governour, councell and burgesses of this grand assembly, and by the authoritie thereof, and it is hereby enacted, that from and after the publication of this act there shall not be admitted, suffered or lycenced above two ordinaryes in any county in this colony at one tyme, except in that county where the generall court shalbe held, and that the power of granting lycences be in the respective county courts, the right honourable the governour being paid for such lycences according to former lawes in such cases, and that noe person be lycensed to keepe ordinary but such as are accompted able, and will enter into suffitient bond to find and provide for travellers good dyett, lodging, and horse meate, and will rate and sell their provisions and liquor to the rates and prices hereafter sett downe and allowed by this law, upon such penalties and forfeitures as shalbe therein provided and inflicted, which said penaltyes shalbe and belong, the one halfe to the person or persons who shall informe of and sue for the same, and the other halfe to the county wherein the same shalbe forfeited. And be it enacted by this present grand assembly and the authority thereof, that all ordinary keepers selling liquors doe not demand or take more for Virginia drahmes, or strong beer or ale then is sett downe in the act of assembly made in September, 1671, that the rate of perry and syder if boyled be twenty pounds of tobacco per gallon, and if rawe eighteene pounds of tobacco per gallon, that the price of lodging be three pounds of tobacco per night, that the price of dyett where the generall court or assembly is held be twelve pounds of tobacco each meale, for the master, and eight pounds of tobacco for the servant, and in the country in all other ordinaryes, tenn pounds of tobacco each meale for the master, and six pounds of tobacco the servant. That the rate for horse pasture be six pounds of tobacco for one day and night, and if||Purvis 206.|
(See ant. page 361, act XVI Bacon's laws.)
But 2 ordinaries allowed in a county, except where the general court sits.
County courts to grant licenses.
Who may be licensed.
Rates of liquors.
Diet, where gen'l court & assembly sits
in the country
|housed, for straw and hay eight pounds of tobacco the day and night, and for Indian corne after the rate of fforty pounds of tobacco the bushell, and for oates after the rate of sixty pounds of tobacco per bushell. And that all ordinary keepers be, and are hereby enjoyned to secure all horses that they have charge of from running away or being stolen upon the penalty of paying the charge for finding the horse or horses, or paying for them if lost. And that the justices of every county court within this colony be enjoyned in the months of May and November yearely to meete at their county court house and assess and sett the rate of all such liquors as are not herein mentioned and rated according as the markett price then rates (a) for such liquors. And that no ordinary keeper presume to advance or take for such liquors soe by the justices rated above cent per cent profitt upon the penalty and forfeiture of tenfold, such exaction and over rates by them demanded and taken. And that all such persons buying and expending at ordinaryes who shall at any tyme pay great rates and prices then is hereby allowed and sett downe, shall for every such payment forfeite and pay five fold the summe soe overpaid. And that all those county courts neglecting to meete, and assesse the rates and prices as aforesaid be fined twelve (b) thousand of tobacco and caske, all which ffynes shall come and belong the one halfe to the use of the county wherein such forfeiture is made, and the other halfe to him or them who shall informe and sue for the same.||Stableage,|
corn and oats.
Ordinary keepers liable for horses in their charge.
Justices to fix rates in May & November, annually.
Pen'ty for exceeding legal rates.
For paying them.
On courts failing to fix them.
|An act disposeing amercements upon cast actions.||Edit. 1733 and 1752.|
|WHEREAS by an act of assembly made in the yeare 1674, it is enacted that certain amercements therein sett downe shalbe paid upon actions cast at the law, and that an account of such amercements be returned to the assembly to be by them disposed of.||Purvis 280.|
(See an. p. 314.)
Act imposing a tax on persons cast in a suit, repealed.
|(a) 'Rules' in Purvis. (b) 'Five' in Purvis.|
|Bee it enacted by this present grand assembly, and the authoritie thereof, and it is hereby enacted, that the said act be from henceforth repealed, and that all tobaccoes which have been received and are become due by reason of the said act of assembly and amercements bee payd and disposed off to the use of the countyes where the same became due towards the defraying that countyes charge, and that the severall respective county courts inquire into the same and dispose them accordingly.||Tob'o received therefrom to be appropriated by county courts.|
|An act concerning servants who were out in rebellion.||Purvis 209 and Edi 1733 and 1752.|
|WHEREAS many evill disposed servants in these late tymes of horrid rebellion taking advantage of the loosnes and liberty of the tymes, did depart from their service, and followed the rebells in rebellion, wholy neglecting their masters imployment whereby the said masters have suffered great damage and injury. Bee it therefore enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that all such servants as have joyned with or borne armes under Nath. Bacon, junr. or Joseph Ingram, or any other officer adherents or complices in the late horrid rebellion, be punished for the tyme they have beene absent from, or neglected their masters service according to the ffynes, punishments and forfeitures provided in the severall lawes made against runawayes servants, with such allowance to their masters for their damages susteyned by such their neglect as is provided in the said act or lawes; and that whatsoever any such servant hath taken or plundered from his master or any other person during the tyme of the late horrid rebellion, that he be lyable to be prosecuted for the same when his tyme of service shall expire, the master of such servant haveing the priority of being first paid or satisfyed, or such other to whome he shall assigne the right of the same.||(Repealed by proclamation July 8th 1680.)|
Servants serving under Bacon or Ingram, or others, punishable as runaways.
May be prosecuted after time of service expired, for whatever they plundered.
|An act for laying of parish levyes.||Edit. 1733 and 1752.|
|FOR the better and more equall laying of parish levyes and dues, Bee it enacted by the governour, councell and burgesses of this grand assembly, and the authority thereof, and it is hereby enacted, that the ffreeholders and house keepers in each respective parish within this colony shall and may from and after publication of this present act have liberty to choose six sober discreet housekeepers or freeholders to sitt with the vestry, and have their equall votes with the vestry men at the assessing the parish taxes; but where the parishes shall either refuse or neglect to choose such men, or being chosen, they shall not appeare, and attend the tyme appointed by the vestry for the assessing the same (haveing had notice thereof by publication at the court or parish church) the vestry to proceed without them. And that there be a day nominated and appointed annually in September by the eldest justice in comission in that parish for such election as aforesaid, and in case noe one justice shall reside in the said parish, then the day to be nominated and appointed by the judge of the court.||Purvis 209.|
(See an. p. 357, act VIII of Bacon's laws.)
Representatives to be chosen in each parish to act with the vestry in laying county levy.
Parish failing to elect or representat'ns to attend, vestry may proceed without them.
To be chosen annually.
|An act repealing the act of encouragement for killing Wolves.||Edit. 1733 and 1752.|
|BEE it enacted by the governour, councell and burgesses of this grand assembly, and the authority thereof, that all acts giveing encouragement for killing of wolves be repealed, and that in place thereof, there be liberty here by granted to each respective county, to make such lawes for encouragement of killing wolves as they shall thinke fitt.||Purvis 210.|
(See an. p. 362, act XIII of Bacon's laws.
Acts giving rewards for killing wolves repealed, & county courts to allow rewards at their discretion.
|An act giveing liberty of appeales to the Easterne Shore people.||Edit. 1733 and 1752.|
|WHEREAS the inhabitants of the Easterne shore have made complaint that the act of assembly prohibiting the inhabitants of the said shore, from appeales to the generall court under the summe of three thousand pounds of tobacco, &c. is greivous to them, and have prayed that the same may be repealed. Bee it therefore enacted by this present grand assembly and the authority thereof, that the said act be, and is hereby from henceforth repealed, and that for the future all appeales lye open for the said inhabitants on the Easterne shore, equall with all other the inhabitants of this his majesties colony.||[This act wholly omitted in Purvis.]|
Act limiting right of appeal to inhabitants of east'n shore repealed, and they allowed same right of appeal as others.
|An act giveing seaven yeares tyme to seate ffronteere lands.||Edit. 1733 and 1752.|
|WHEREAS by reason of the late murthers comitted by the barbarous Indians, and which they dayly continue to comitt, and alsoe by reason of their frequent incursions and the late distractions and troubles amongst us, very many the inhabitants of this county, his majesties good and leige people have beene enforced to forsake their plantations and leave their lands uninhabitted, espetially in the ffronteer countyes. Bee it therefore enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that all lands or tracts of land forsaken and uninhabited by reason of the incursions of the Indians, and the late troubles and destractions amongst us shall not (a) desert by reason of due seating and planting therein, in lesse time than seaven yeares from||Purvis 210.|
Lands not to lapse for want of seating, in less than seven years from this date.
|(a) The word 'lie' is inserted before 'desert' in Purvis; but it is not to be found in the Northb., Ch. City or P. Rand. MSS.|
|the date of this act, and that for the tyme to come seaven yeares tyme be allowed from the date of this law for the seating and planting such lands as are already taken up and pattented in the ffronteere countyes of this colony.||Same time allowed for frontier lands.|
|An act for regulating burgesses expences.||Edit. 1733 and 1752.|
|WHEREAS by former acts and orders of assembly, it is provided, enacted, and ordered that the allowance to every respective burgesse for his necessary expence and charge in attending at assemblyes be for every day, one hundred and ffifty pounds of tobacco, over and besides the necessary costs and charges of his comeing to and returning from the assembly, and alsoe the unavoyadable cost and charges of his comeing to and returning from the assembly, and alsoe the unavoyadable cost and necessary charges of his waiting servant and horses is complained of as greiveous and burthensome to the people; this assembly haveing taken the same into their serious consideration doe enact, and be it enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, and it is hereby enacted, that for the tyme to come the allowance to each and every respective burgesse which shall attend any assembly hereafter to be called, be one hundred and twenty pounds of tobacco and caske per day, and the tyme for such allowance to comence and beginne two dayes before the ffirst day of every assembly, and to continue the whole sessions of every assembly, (a) and two dayes after for convenient tyme for every burgesse to returne home; and to prevent the greate charge that may accrue by burgesses comeing to assemblies in sloopes and boates; Bee it enacted by this present grand assembly and the authority thereof, that over and above the one hundred and twenty pounds of tobacco per day allowed to each burgesse for his expences there be allowed for the charge||Purvis 211.|
[See an. p. 106, 309, 325.]
Burgesses wages for attending assembly, & coming and returning allowing 2 days to return home.
Additional allowance to those coming by water.
|(a) The words 'and to continue the whole sessions of every assembly,' omitted in Purvis, but inserted in all the MSS.|
|of a sloope two men to sayle the said sloope, and their provisions for the two counties of Northampton and Accomack sixty pounds of tobacco per day and noe more, and that the charge of a boate two men to rowe and their provisions bringing such burgesses as can come noe other way but by water, be thirty six pounds of tobacco per day and noe more, and that the charge for horse hire for such burgesses that comes by land be tenn pounds of tobacco and caske per day for each horse soe used, and the unavoydable charges and payments for passage by fferryes over the rivers in their comeing to assemblyes and returning home be alsoe allowed them. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that if emergent occasion shall require that an assembly be called before there are houses of entertainment built, that then those burgesses that must of necessity come by water in sloopes have the same allowance with the Easterne shore burgesses, and those other burgesses that must of necessity use boates to bring their provisions and other necessaryes, have the aforesaid allowance of thirty six pounds of tobacco per day and noe more, (a) and that for the tyme to come no expences of committee be allowed of or brought to the publick accompt. &c.|
Hire of boats.
Allowances to burgess' bringing their provisions by water
|An act for setting apart a day of humiliation and a day of thanksgiving.||Edit. 1733 and 1752.|
|WHEREAS the many hainous and crying sins of the inhabitants of this country may justly provoke the anger of Almighty God against us, and drawe down his judgments upon us unles diverted by a timely and hearty repentance; the governour, councell and burgesses takeing the same into their most serious considerations, have enacted, and doe by these presents enact, that the ffourth day of May next be solemnized and||(This act wholly omitted in Purvis.)|
4th day of May a fast day.
|(a) The words 'have the aforesaid allowance of thirty six pounds of tobacco per day and no more,' omitted in Purvis, but inserted in all the MSS.|
|sett a part for fasting and prayer to Almighty God for the pardon and remission of our manifold sinns, which already hath and yett may, if not sincerely repented of and forsaken, provoake his divine majestie to inflict his heavy judgments on us, And be it further enacted, that the twenty second day of August be set apart for a publique day of thanksgiveing to Almighty God for his greate mercies towards us in delivering us from our late horrid distraction and rebellions, and subdueing the same. And be it further enacted, that all ministers be, and are hereby enjoyned to read divine service, and to preach on those severall and respective dayes in ther severall parish churches, &c.||22d day of August, a day of thanksgiving.|
Ministers to read prayers & preach on those days.
|An act for naturalization of Garratt Johnson.||Edi. 1733 and 1752.|
|WHEREAS at a grand assembly held at James Citty the twentyeth day of September, in the twenty third yeare of the raigne of our sovereigne 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 the takeing the oaths of allegiance and supremacy, be admitted to a naturalization, whereupon Garratt Johnson, an alien, makeing humble suit as aforesaid; Bee it enacted by this present grand assembly and the authority thereof, that the said Garratt Johnson be, and is by vertue hereof, and the before recited law whereon this is grounded, capable of free traffique and trading of takeing up and purchasing, conveying, deviseing and inheriting of all lands and tenements; and from henceforth be, and hereby is declared deemed and holden, and in all constructions of law stated, vested and indulged with all priviledges, libertyes and immunities whatsoever relateing to this colony that any one naturall borne Englishman is capable of according to the true intent and meaning of the said law, &c.||(This act wholly omitted in Purvis.)|
Garratt Johnson naturalized;
and entitled to all the privileges of a natural born Englishman.
|An act for opening Courts of Judicature.||Edit. 1733 and 1752.|
|WHEREAS by reason of the late and horrid rebellion, all courts of judicature were shutt up, and the right full and due course of justice could not possibly be taken and administred; Bee it therefore enacted by this present grand assembly and the authority thereof, that from and after the date of this act, all courts of judicature may be opened, and that the respective justices of the severall county courts doe assemble themselves together and hold courts according to the lawes and according to the usuall manner and custome of this country at the usuall places and dayes appointed by law, or by them accustomed to be held, that justice may againe bee freely exercised and done in all causes where it shall be required.||Purvis 213.|
All courts of justice to be opened as formerly.
|THESE FOLLOWING ORDERS WERE MADE:|
| WHEREAS it appeares that there are severall considerable sums of
mony accruing for the castle duty and head mony belonging by former acts of assembly to the
severall associations wherein the same accrued due. It is ordered that all and every
such summe or summes of money already collected, or which shalbe
||Money in the hands of collectors, raised from castle duties, & head monies, for building forts, to be returned by the|
|* These Orders or Resolutions are to be found in the Northb. MS. only. They are there dated simply 1677, but they were evidently passed at the session of February, 1676-7, as appears from the place, where the assembly was held, this being the only time the assembly sat at Green Spring.|
|hereafter collected, either for ffort duties or head money be by the comissioners of the severall assotiations, with all possible expedition demanded and received out of the hand of the respective collector or treasurer of the same, and forthwith distributed in equall proportion according to the number of tythables in each county belonging to every assotiation, into the hands of the justices of that county, and by them imediately upon receipt thereof paid away for the easing and defraying the county charges, and whatsoever collector or treasurers, in whose hands any of the said mony is now lying, or shall hereafter come, shall either refuse or delay to be duly accomptable for the same to the comissioners of the assotiation to which it belongs, and to make present payment thereof according to the order or direction of the said comissioners to be accompted and prosecuted as contemnors of authority and lyable to be sued in any court of record for the same, together with interest and damages to be recovered against them for deteyning and holding the same in their hands contrary to such aforesaid orders. And that whensoever it shall hereafter be required that fforts shalbe built, then each county make payment back to the comissioners of their assotiation of all such summe or summes of money as they shall have received that the same may be imployed and made use of towards the building and maintaining such ffort, and for the tyme to come whatsoever money shall arise for ffort duties and head money, and shall not be expended to the use of the ffort of that assotiation, that the same be once every yeare in the months October or November, proportionably paid to each county for the use aforesaid. And alsoe that the like distribution be made in the counties of Northampton and Accomacke, and that hereby the comissioners of each respective assotiation are enjoyned to meete the two and twentyeth of May next, at the usuall place of meeting, there to call for such accompt and make such distribution as is aforesaid, and if any such commissioners shall fayle to meete then the number being mett, not lesse then three are impowred to demand such accompt, and make such orders and distributions as is aforesaid.||commissioners of association to each county, & distributed
towards county charge.|
How recovered from collectors.
Counties to repay it, when necessary for building forts.
Like distribution in counties of Northampton & Accomack.
Commiss'ners of associations when to meet.
|IT is ordered that all persons have hereby liberty to sell armes and ammunition to any of his majesties loyall subjects inhabiting this colony, and that the Indians of the Easterne shore have like and equall liberty of trade or otherwayes with any other our ffriends and neighbouring Indians.||Arms and ammunition may be sold to any loyal subject.|
Free trade allowed to Indians of Eastern Shore.
|IT is ordered that an accompt of the charge of the warr against the Susquehannah Indians be produced, examined, rated and reasonable charge allowed and borne by the publique.||Charges of war ag'st Susquehannah Indians, to be liquidated, and paid by the public.|
|IT is ordered that the provisions, armes, ammunition, horses, horse furniture and necessaryes for the Indian warr raised and sent forth by each respective county, by vertue of the acts of assembly made in June last for the first two months be borne and paid by each respective county, and alsoe those northerne souldiers under command of coll. Gyles Brent, who did only serve against the Indians, and did returne to their due allegiance and obedience when coll. Gyles Brent did lay downe his armes and had promise from the northerne gentlemen and magistrates for their pay, be paid by their respective counties.||Provisions, arms, &c. for the Indian war declared by Bacon, to be paid for by the counties; also the northern soldiers under colonel Giles Brent, when he laid down his arms.|
|IT is ordered that all such as were sent burgesses from their severall countyes to the said assembly in June, and have since behaved themselves all along loyall to the king and obedient to his governour, and did not obleige themselves to the people to beare their owne charges, be payd their full sallary according to the severall former acts and orders of assembly in such cases.||Burgesses, at the session of June, 1676, who behaved with loyalty to the king, to be paid their expenses.|
|IT is ordered that for the future all county court clerkes are obleiged (at any tyme when demanded) to give a copy of the lyst of tythables in that county to any housekeeper that shall enquire the same, he paying for the ffees twenty pounds of tobacco; and also a||Cl'ks of county courts bound to furnish a list of tithables & county levy to any person desiring it, for a|
|copy of the county levy to every house keeper in that county who shall demand the same for the like ffee of twenty pounds of tobaccoe.||fee of 20 lb. of tobacco.|
|IT is ordered that all such souldiers who either already have taken or hereafter shall take prisoners any of our Indian enemies, or any other Indian plunder, and at the tyme of takeing such Indians or Indian goods then were or shall hereafter be under a lawfull comand from due and full authority, that they reteyne and keepe all such Indian slaves* or other Indian goods as they either have taken or hereafter shall take to their owne proper use for their better encouragement to such service.||Ind'n enemies heretofore or hereafter taken in war, to be
slaves; and their property free plunder.|
(See an. p. 345 and post act 1 of 1679.)
|IT is ordered for the present safety of the of the generall court and secretaryes office records, and for the convenience of the inhabitants of this county to have recourse to them they be removed to, and kept at Mr. Secretaryes house, at Rich Neck untill some further orders can be taken for them.||Records of secretary's office to be removed to his own house, at Rich Neck.|
|IT is ordered that for as much as the armes and ammunition sent by the kings majestie cannot be disposed of untill Mr. Secretary arrives, that therefore it remaine in the publique magazene at the Middle plantation untill the next assembly, and then to be proportioned to every respective county according to their number of tythables, And that such countyes as are in present necessity and want have liberty to addresse themselves to coll. Herbert Jeffryes, who hath proferred||Arms, &d. sent by the king, to remain in the magazine till Mr.
Those in immediate want to be furnish'd by col. Herbert Jeffryes.
|* It appears from the above resolution of the assembly, that the practice of making slaves of Indian prisoners was sanctioned by the government at an earlier period than that which has generally been assigned for it. The first law on the subject passed in June, 1676, during the time of Bacon, (see ante page 346;) then followed the above resolution, in February, 1676-7; and lastly the act of April, 1679, which is almost a literal transcript of Bacon's law. The first appearance of this law, in print, being in Purvis, pa. 235, act 1, of April, 1679, that period had been fixed on as the commencement of the law, though in truth the practice had existed much earlier.|
|to furnish our present occasions, and take and receive of him such armes and ammunition as they shall have occasion for upon the countyes accompt, for which armes and ammunition every county soe receiving are to be accomptable to the publique their proportionable part of the same being first deducted and allowed him.|
|IT is ordered that whatsoever just claymes or debts are yett to be made against the country, and are not already allowed of or determined by this present assembly doe stand and remaine in a generall reference to the next assembly that the same may be examined and allowed of according as they shall appeare due.||Public claims postponed.|
|IT is ordered that for the future noe claims of debt be admitted in the house or brought to publique accompt but such as are first examined in the county court where they are expended, and made and proved upon oath, and certificate made from that court.||Public claims hereafter to be first allow'd by county courts.|
|IT is hereby ordered, whereas the state house being now burnt downe by that arch rebell and tratour Nathaniell Bacon, junr. and alsoe all the houses in James Citty, and for as much as Tindalls point is supposed and accounted to be the most convenient place for the accomodation of the country in generall to meete att, that therefore the state house for the tyme to come be built at Tyndalls point.||State-house & all the houses in James City being burnt,|
State-house to be rebuilt at Tindall's Point.
|IT is ordered that every person within this colony being a house keeper who shall entertaine or have resideing in their house any person not well knowne, and hath not beene resideing in the county wherein he then lives, at least nine months imediately before the twentyeth of this instant ffebruary be, and stand obleiged upon his perill of being found guilty of entertayning runaway servants, to carry all and every such person soe resideing with him, whether as hired servant, sharer in the crop or otherwise, within one month after publication of this order before some one of the justices of the peace in the county where he lives, and there||Persons hav'g others resid'g in their houses less than nine months, who are not well known, to give a description of them to a justice.|
|leave a certificate with such magistrate of the discription of such person, his age, statour and complexion, the place from whence he came, and the tyme of his aboade in that county, to the end servants runaway and other ffled from debt in those late rebellious tymes be the better found out and discovered, and by that meanes reduced to their service and payment of their just debts, &c.||Neglecting, to be punished as for entertain'g runaway
|WHEREAS it is propounded and desired by the representatives of the northerne counties on the northside Rappahanock river, that the said neck may be devided into counties by lines runing a crosse from Rappahanock river to Potomack river; It is ordered that the people in each county in the whole neck be convened to meet and nominate two such persons at shalbe thought capable for each county to treate and consult about it; provided the people shall judge it convenient to have such divsion made, and the person soe nominated, and chosen to meete the twentyeth of June next at capt. Tho. Beales and that the choice of such persons be made in each respective county the 3d Tuesday in May next, &c.||Proposit'n for dividing the counties on the north side
Rappahannock, by lines running from Rappahannock to Potomack;|
referred to the people & their represen'tives to be chosen for that purpose.
| IT is ordered that the charge of the late riseing in the
northerne counties for the surpressing of the late rebellion be proportionably borne by the
severall counties in the neck betwixt Rappahanock and Potomack rivers with the additions of the
remaining people of Rappahanock county on the south side Rappahanock river according to their
severall numbers of tythables, and that the present burgesses for each respective county meete at
the house of captain Thomas Beales upon the second Tuesday of August next to bring their charge
and proportion the same by the pole as is usuall in such cases now made, noe accompt be allowed
in that meeting, but such as are plainly and fully proved upon oath, and that in place of major
Thos. Hawkins, deceased, coll. Samuell Griffin be added, &c.
|Charges of the late war, in the north'n count's to be borne by the count's between Rappahannock & Potomack, including that part of Rappahannock co'ty lying on the south side of the river.|
|ROBERT BEVERLY, Cl. Assembly.|
|Pages 366-386||Pages 407-432|