|Pages 387-406||Pages 433-457|
|BEGUNNE AT MIDDLE PLANTATION ATT THE HOUSE
CAPT. OTHO THORPE THE 10TH DAY OF OCTOBER,
ANNO DOMINI, 1677, ANNOQ REGNI
RS. CAROLI SCDI XXIX.
|Herbert Jeffreys, lieutenant governor.|
|An act imposeing fines upon delinquency in Grand Juries.||Edit. 1733 and 1752.|
|FORASMUCH as the thirty eighth act of assembly in the printed booke directing and comanding that juryes of inquest be impannelled and sworne in every county to the ends and purposes therein mentioned, is by reason there is noe fine sett upon the justices neglecting to appoint and sweare the same, nor upon the jurors not makeing due inquiry and presentment according to the true intent and meaning thereof become generally neglected and unexecuted. Bee it 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 peace of each county of Virginia neglecting and omitting once every yeare before or upon the last day of Aprill to make choice of and sweare a jury of inquest according to the true intent and meaning of the before recited law, shalbe fined for every such omission two thousand pounds of tobacco and caske, one halfe to the informer||Purvis 214.|
Fine on justices for neglect'g to swear a grand jury once a year.
|* The commencement, as well as the acts of this session, taken from Northb. MS. In the edi. 1733 & 1752, the commencement is, 'At a GRAND ASSEMBLY, begun and held at Middle Plantation, at the house of Capt. Otho Thorpe, the tenth day of October, 1677; in the twenty-ninth year of the reign of our sovereign lord Charles II, of England, Scotland, France and Ireland, king, defender of the faith, &c.'|
|and the other halfe to the counties use, and each jury of inquest not making appearance at the tyme appointed in the said law, or not making inquest and presentment according to the true intent and meaning thereof, shalbe fined each jurye man makeing such default, two hundred pounds of tobacco, the one halfe of which fines to be paid to the informer, and the other halfe to the use of the county, for every such default whereof they shalbe lawfully convicted.||For defaults of grand jurors.|
|An act prohibiting private compositions.||Edit. 1733 and 1752.|
|FORASMUCH as very many complaints have beene made of the unreasonable compositions made by diverse persons for tresspasses done in tyme of the late rebellion, for redresse whereof for the future, Bee 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 noe composition shalbe made with any person whatsoever, for any horses, boates, armes, cattle, hoggs, sheepe, goods or any other matter or thing whatsoever, plundered or taken from them in the late rebellion, but such only as shalbe made and acknowledged in open court, and that each court be, and are hereby required to take cognizance of such compositions, and see that they are not oppressive, and whatsoever agreement or composition shalbe otherwise made, or any bill or obligation taken for such compositions to be null and voyd.||Purvis 215.|
No compositions to be made for injuries don in Bacon's war, but in open court.
|And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that all such persons who for the tyme to come shall bring their suites to any court of record for any trespasse or trespasses comitted in tyme of the late rebellion shall before their suit shall be admitted assertaine and prove the whole losse or claime for the trespasse done at the tyme or tymes for which they shall bring such actions, and alsoe give true accounts upon their oathes if the same shalbe required, of what goods have beene returned, what recovered by law,||How suits for to be brought.|
|and what compositions they have made for the same or any part thereof, to the end it may be knowne when such claimes or suites shall have end. And for as much as diverse persons doe frequently notwithstanding the late act of assembly requireing the contrary, renew the breaches, quarrells and heart burning amongst us in use by names and termes of distinction, vizt. tratorous rebell, rogue, rebell or such like by which meanes it will be unpossible ever to unite this colony to its former estate of love and ffriendship, though wished for, and desired by all good people. Be it enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that whosoever shall presume to use any such aggravations or termes of distinction aforesaid, and shalbe thereof lawfully convict, shall for every such offence forfeite and pay fower hundred pounds of tobacco to the use of the parish where such offence shalbe comitted. And whereas on the otherside diverse insolent persons who have beene deeply concerned in the late rebellion, will and doe notwithstanding their guilt, presumeing upon the gratious pardon granted by his majestie with unseemly offencive language, urge and provoke those who have beene loyall and greate sufferers in those late unhappy tymes to utter in their passion such words as otherwaies they would not doe both which being highly injurious and prejudiciall not only to his majesties peace, but alsoe to the desired unity of this colony. Bee it therefore enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that whosoever shall at any time offer such provokeing language to any loyall person whatsoever as shall by the court where the same shalbe complained of, be adjudged a suffitient provocation for retorting bad language, such person useing such provocations be also fined, and pay fower hundred pounds of tobacco and caske to be disposed of by the vestry to the use of the parish where such offence shalbe committed.||Penalty for using opprobrious epithets, as traitor, rebel,
For using such provoking language to a loyalist, as may induce him to retort.
|* The running title of the acts of this session in edi. 1733 & 1752 is, 'Anno vicessimo nono Caroli secundi regis.'|
|An act lycensing trading with Indians.||Edit. 1733 and 1752.|
|FORASMUCH as the totall prohibition of tradeing with Indians is experimented and found hurtfull and prejudiciall to his majesties colony and the in habitants thereof; Bee it therefore enacted by the governour, councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that all Indians whatsoever being in amity and ffriendship with us from henceforth shall have free and full liberty to come in amongst us and bring in any comodityes whatsoever to the severall places and at the severall tymes hereafter sett downe, and mentioned, and to trade with, sell or truck, for the same with the English, resorting thither, but noe where else for any comodityes whatsoever, and that such marts or ffaires continue fforty dayes and noe longer, (that is to say) that the publique marts or ffaires for James river be the one where the justices of the peace of Henrico county being mett and satt in court, shall appoint and nominate, and the other for the south side of James river to be at the Isle of Wight county court house the begining of which marts or ffaires at the head of James river to be the ffirst day of Aprill and ffirst day of September every yeare, and the begining of the marts or ffaires for the south side James river, to be the tenth day of May and the tenth day of November yearely, the place for the mart or ffaire in Yorke river to be appointed and sett downe by the justices of the peace in New Kent county, being mett and satt in court, the begining of which marte or ffaire to be yearely the tenth day of Aprill, and the tenth day of September, the place for the mart or ffaire in Rappahanock river to be appointed and sett downe by the justices of the peace in Lancaster county, being mett and satt in court, the begining of which marte or ffaire to be yearely the twentyeth day of Aprill and the twentyeth of September, the place for the marte or ffaire in Potomacke to be appointed and sett downe by the justices of the peace in Stafford county, being mett and satt in court, the begining of which mart or ffaire be the thirtieth of Aprill and the thirtieth day of September,||Purvis 217.|
Free trade permitted with friendly Indians.
Marts or fairs established;
to continue 40 days.
At what times and places.
|the place for the marte or ffaire in Accomack county to be appointed and sett downe by the justices of the peace in that county, being mett and satt in court, the begining of which marte or ffaire to be yearely the tenth day of March and the tenth of September, the place for the marte or ffaire in Northampton county to be at that court appointed alsoe, the beginning of which marte or ffaire to be yearely, the tenth day of May and the tenth day of November, and if any of those marts or ffaires shall happen to fall upon a Sunday, then such marte or ffaire, which shall soe happen to fall, shall beginn the next day following, and whosoever shall truck, trade or deale with any Indian or Indians whatsoever, at any other tyme or place whatsoever, then such as is herein mentioned sett downe and intended, shall forfeite and pay for every such offence ffive thousand pounds of tobaccoe, the one halfe to the informer, and the other halfe to the use of the publique. Alwaies provided that the dues belonging to the governour be reserved as formerly, and to the intent that there may be bookes kept of what is bought and sould, trucked, traded and dealt for in such, and every the respective marts and ffaires, that the clerke of the county courts where such marts or ffaires is held, or such other whome the right honourable the governour (for the tyme being) shall appoint be clerke thereof, and take account, and place the same in ffaire writing in a booke of all whatsoever is bought, sould trucked, exchanged or traded for, and for his ffee, it shall be lawfull to have, receive and take to himselfe the one twentieth part of all Indian comodities there sould, trucked, exchanged or traded for, and for his ffee, it shall be lawfull to have, receive and take to himselfe the one twentieth part of all Indian comodities there sould, trucked, traded or dealt for; Provided alwayes that it shall and may be lawfull for any Indians wanting corne untill such respective marts or ffaires at the severall and respective places shall ffirst beginn, but not after that tyme to buy such Indian corne as they shall have need of from any person at any place where they can buy the same, any thing in this act to the contrary notwithstanding; provided alsoe that it shall and may be lawfull for the Wiccomico Indians living in Northumberland count, and for the Cheescake (a) Indians living in Glocester county to have||Penalty for deal'g with Indians at any other
Dues to gov'r to be reserved.
Acc'ts to be kept by clerks of co'ty courts or others appointed by govern. of what is bo't & sold at such marts or fairs.
Proviso, as to Indian corn.
Proviso, as to cert'n Indians.
|(a) 'Chies Lake' in Purvis. 'Chiescake' in Ch. City & P. Rand. MSS.|
|such liberty and rules for their trading with the English as shalbe sett apart, appointed and allowed them by order and appointment of the respective county courts in each county, any thing in this act to the contrary notwithstanding; provided alsoe that it shall not be lawfull or permitted any Indian or Indians resorting to or meeting at any those aforesaid marts or ffaires to travell with or carry armes, or appeare there armed, except only the carrying home such armes or ammunition as they shall then and there purchase, and shalbe found registred in the clarkes booke, for which they shall have with them his certificate; provided alwayes and it is the true intent and meaning of this act that noe person or persons shall be hindred from entertaining Indians in their houses who shall have the right honourable the governours lycence soe to do according to a former law in that case provided, any thing in this act to the contrary notwithstanding.||Ind's to come to marts or fairs unarmed.|
Not to prevent entertaining of Ind's by those hav'g the gov'nor's license.
|An act imposeing fines on sherriffes concealing tythables.||Edit. 1733 and 1752.|
|BEE it enacted by the governour, councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that whatsoever sherriffe, collector or receiver of the publique or county levy, shalbe found to levy and receive tobaccoe due upon concealed tythables, and shall not give account thereof to the next county court after his such receite or collection of the same, but shall convert or endeavor (by such concealment) to convert the same to his owne use, and shalbe thereof lawfully convict, shalbe fined and pay the penalties enjoyned in the former acts of assembly for concealed tythables.||Purvis 219.|
Pen'ty on sheriff's & collectors for receiving tob'o due on concealed tithables, and not account'g for it.
|An act assertaining the price of double pattents.||Edit. 1733 and 1752.|
|FORASMUCH as diverse persons makeing advantage thereof to themselves, thereby to save the trouble and charge of seating new taken up dividends||Purvis 220.|
[See ant. p. 355 Bacon's laws.]
|of lands, doe customarily add new parts of land to former pattented dividends, Bee it therefore enacted by the governour, councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that it shall and may be lawfull in such cases for Mr. Secretary to charge and take as his due ffee soe many times eighty pounds of tobacco as there are severall tracts of lands in sch pattents, but where severall old tracts of land formerly pattented shall be drawne into one new pattent, and noe new lands, not pattented before added thereto, in such cases the ffee for such pattent shall not exceed eighty pounds of tobacco.|
Fee for each several tract of land in a patent 80 lb. tobacco; but not to extend to inclusive patents of old surveys.
|An act for imposition of two shillings on every 500lbs. of bulke Tobaccoe.||Purvis 220 and Edi. 1733 and 1752.|
|FORASMUCH as there hath beene considerable quantities of tobacco annually shipped off in bulke, for which noe imposition hath been made, and there being by law an imposition of two shillings upon every hogshead of tobacco shipped out of this colony, Bee it therefore enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, and it is hereby enacted, that from henceforward all tobaccoes shipped in bulke shall pay imposition after the rate of two shillings for each five hundred pounds of tobaccoe, and soe for a lesser quantity, the account whereof shalbe required by every respective collector upon oath from the master, purser, boatswaine or other officer belonging to every ship or vessell as he shall cause.||(See act III of
Duty of 2s. per hundred on every 500 lbs. of tobacco shipt in bulk.
|An act for delivery of stray Horses, &c.||Purvis 221 and Edit. 1733 and 1752.|
|WHEREAS at the last assembly it was enacted that all persons that had in their custody any stray horses, armes, boates or plundered goods, should||(Repealed by proclamation, July 8th 1680.)|
|give account thereof to the clerke of the county court, who should publish the same three severall court dayes, and if not claymed to returne a lyst thereof to the clerke of the generall court, who alsoe was to publish the same by putting up a lyst thereof at the court doore the better to discover the owners thereof, but this law not haveing taken the desired effect; Bee it therefore enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, and it is hereby enacted, that every person or persons haveing in their custody any stray horses or horse, armes, boate or plundered good of what nature or kind soever they are, and who had not commission or commissions from the right honourable Sir William Berkeley, knight, late governour and captain generall of Virginia during the time of the late rebellion, and in order to, and pursuance of the suppressing thereof, to take, seize and distribute the same, hereby required forthwith upon publication hereof, to bring all and every such horse and horses, boates, armes and plundered goods, meant and intended to be meant in the before recited law, made the last assembly, to the judge of the court where he or they live, and the judge of such court is hereby required to take espetiall care thereof, and in perticuler of all such horses as shalbe brought to him, to provide a good well ffenced pasture for them, and if any shall remaine in his custody or care in the winter, that suffitient corne be provided and allowed them, and that such horse or horses be not wrought or ridden by any person whatsoever, And whereas many horses stray and run to the woods, and consequently not in possession of any man, That it be enacted that each justice of the peace make enquiry throughout his precincts, by all wayes and meanes possible after such horse or horses, boates, armes or plundered goods, and that such persons as the justice of the peace shall imploye to take such things aforesaid, doe carry the same to the judge of the court of that county who shall pay him for each horse soe delivered to him ffive shillings sterling or ffifty pounds of tobacco, and the owner of such horse or horses shall repay the same to him and shall alsoe pay to such judge of the court twenty shillings or two hundred pounds of tobaccoe in consideration of his trouble and charge for each horse, And that the|
Further provision for the recovery of property plundered during Bacon's war.
(See an. p. 381.)
Horses to be fed & not used.
Horses, running in woods, by whom to be taken up.
Compensation for each horse.
|said judge be required to returne a lyst of all horses, armes boates or plundered goods that he hath in his possession to Mr. Secretaries office, where care will be taken to give notice to such county court of all such horses, boates, armes, or plundered goods, and in case noe claymes be made of any the said things within one yeare and a day after such publication, then such horse and horses, armes, boates, for plundered goods be sould to an outcry for the use of the publique and an account thereof returned to the next assembly after such sale. And whereas diverse ill disposed persons make it their busines to ride about the country and take any stray horse without order from any person owner of the same, to the end to agree and compound with the owners for thirty or fforty shillings to find the said horse or horses, which perhaps himselfe only has carryed astray; Bee it therefore further enacted by this present grand assembly and the authority thereof, and it is hereby enacted that noe person or persons whatsoever presume to take any stray horse or horses whatsoever, without perticuler order from the owner thereof, except such person or persons as are or shalbe imployed by a justice of the peace in the respective precincts under the penalty of one thousand pounds of tobacco and caske, one halfe to the informer, and the other halfe to the owner of such horse as shalbe soe illegally taken up.||List of property to be sent by judge to secretary's office.|
Property not claimed within a year, how disposed of.
None to take up stray horses but those employed by the owner or licensed by a justice.
|An act restrayning the impresse of tymber, &c.||Edit. 1733 and 1752.|
|FORASMUCH as divers complaints have bin made that it hath been heretofore practicall to impresse and take from any mans land such timber trees as those who pretended such power were pleased to take to the greate hurt and damage of such persons owners of the said lands and timber, from whence the same hath beene taken, and contrary to their right and inheritance in and to the said land and tymber, to the end that noe such abuses and infringements of property for the future be offered and done; Bee it enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, and it is hereby enacted,||Purvis 221.|
|that noe person under any pretence of any power or warrant whatsoever that shalbe imployed for the tyme to come to procure or impresse tymber for the publique use or other purpose, use, or intent whatsoever shall or may take impresse any tymber from any mans land whatsoever, before he or they soe impowred, or pretending to be impowred, shall have first made composition and agreement with the owner thereof, for the price of the same, and shall have made ready payment or give suffitient caution for payment according to such composition or agreement upon the penalty of paying for each timber tree soe taken without composition or agreement as aforesaid ffive pounds sterling according to a former law in such case made and provided. Provided alwaies that if the owner of such timber as shalbe wanted for publique uses, shalbe unreasonable in his setting a price thereon, finding the advantage of the necessity thereof to be had and taken for publique uses, that in such cases it shall be lawfull to procure a valuation thereof, to be made by two good and honest man of the neighbourhood upon their corporall oathes, which price being paid, or secured to be paid, shalbe finall and determinative. And forasmuch as greate complaints alsoe have been made to this assembly of diverse injuryes and abuses which have been lately perpetrated by persons imployed to impresse necessaryes for publique occasions, and alsoe that diverse complaints have been brought that of late diverse persons have presumed to impresse sloopes, boates, carts, horses, &c. without lawfull power soe to doe, to rectifie and prevent the like abuses for tyme to come, Bee it further enacted by the governour, councell and burgesses of this grand assembly and the authority thereof, and it is hereby enacted, that from henceforth noe person whatsoever shall presume to impresse any sloope, shallop, boate or other merchandizes whatsoever without suffitient warrant, and that such warrant be shewed to such person from whome they are about to impresse such sloope, boate, &c. and that whosoever shalby vertue of a legall warrant impresse any sloope, shallop or boate or other vessell, shall hereby have power to cause two men of the ablest of the neighbourhood to view and appraise||No impressments of timber to be made till an agreement with the
owner for the price, and that paid or secured.|
Provided, that if the owner be unreasonable in his price, it may be taken, being first appraised by two men.
No person to impress sloops boats, arms, provisions, &c. without a warrant.
To be valued by 2 men;
|the such vessell in the best of their judgments to the full value, and alsoe to assertaine the value of the hire threof, [thereof] either by the day or by the month, and that instruments or writings be drawne intimateing the value and also of the price of the hire by the day or by the month of which a duplicate to be drawne, the one of which is to remaine with the apprizers, and the other parte with the owner or owners of such sloope or boate, &c. and such owner to bring such duplicate or writing to the next county court, where if such sloope, boate, &c. were impressed for the use of that county, then to be paid out of the county levye according to the tenure of the writing or instrument, but if the same were pressed for the use of the publique, then the county court is to returne certificate of such instrument or writing to the next assembly where satisfaction shalbe made according to the tenure of the said instrument or writing, but if it shall soe happen that such sloope, boate, &c. shalbe cast away or lost in the service, that then the owner of such sloope, boate, &c. shalbe at his choice whether he will have the value according to appraisment or otherwaies assertaine in the writing which the publique or county must see punctually payd. And if it shall happen that the publique or county shall have occasion to impresse provisions of what kind or nature soever, the impressor is likewise impowred to cause two men of the ablest of the neighbourhood to apprayse the same, and returne a note certifying the quantity and price to the next county court, where if impressed for the countyes use, to be payd out of the count levy, and if for the publique use, the county court to returne an account thereof to the next assembly, where full satisfaction shalbe made according to the appraisement. And if the county or publique shall impresse any man, that he be payd if betwixt the tenth of September and the tenth of September ffifteene pounds of tobacco per day for the ffirst tenn dayes, and if he shalbe continued in such imployments more then tenn dayes at a tyme, then for all such tyme as he shall serve above tenn dayes betweene September and March after the rate of two hundred pounds of tobacco per month, And betweene March and September,||and certificate given.|
How paid for,
Provisions how impressed.
How paid for.
Men, how impressed.
How paid, at different seasons of the year.
|three hundred pounds of tobacco per month. And if any horse or horses be impressed by the publique or county, the owner or owners of such horses shall receive ffifteene pounds of tobacco per day for the ffirst twenty dayes, and if he shalbe continued longer, then for all the tyme he shall be continued longer then twenty dayes after the rate of tenn pounds of tobacco per day, and before the impressior shall take such horse or horses impressed away, he shall first bring two able men of the neighbourhood to appraise the said horse or horses, and a writing shalbe drawne and signed, intimateing the value; and if such horse or horses be killed in the service or otherwaies lost, it shalbe at the choice of the owner of such horse or horses to receive the value as appraised or the wages for hire if for the use of the county, to be paid by the county, if for the use of the publique, to be punctually payd upon returning certificate from the county courts as in case of sloops, &c. And in case any person or persons shall notwithstanding this law presume to impresse or carry away any sloope, boate or other vessell, or any cart, horse, armes, provisions or any other matter or thing whatsoever contrary to the true intent and meaning hereof, shalbe amerced double the value of any such sloope, boate, &c. horses, armes, provisions or any other matter or thing soe by him or them imprest and taken away to the use of the owner of such goods to be recovered by action of trespasse in any court of judicature within this colony.|| Horses, impressed,|
How paid for.
If kill'd or die.
Pen'ty for impressing contrary to this act.
|An act settling the forme of pattents.||Edit. 1733 and 1752.|
|THE honourable Mr. Secretary Ludwell haveing presented a new forme of a pattent exactly agreeing with the new and late charter under the broad seale of England in those ffollowing words: "To all to whom, &c. I &c. send &c. whereas his most sacred majestie hath been gratiously pleased by his royall letters pattents under the greate seale of England, bearing date at Westminster the tenth day of October, in the twenty eighth yeare of his raigne amongst other||Purvis 225.|
New form of patents.
|things in his said letters pattents, to continue and confirme the antient priviledges and power of granting ffifty acres of land for every person imported into this his majesties colony of Virginia, now knowe yee, that I the said &c. doe with the consent of the councell of state accordingly give and grant unto A. B. &c. Bee it therefore enacted by the governour, councell and burgesses of this present grand assembly and the authority thereof, and it is hereby enacted, that all pattents shalbe drawne henceforward in the above said fforme & words, to the end they may be firme, sure and valid in law.|
|An act assertaining coroners ffees.||Edit. 1733 and 1752.|
|FORASMUCH as some doubts have arisen concerning coroners ffees in this colony, and it being necessary to declare by a law what the same shall be, Bee it therefore enacted by the governour, councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that a ffee for a coroners inquest be thirteene shillings and ffowre pence according to the allowance in England in such cases, or one hundred thirty three pounds of tobacco and casque at the choice of the coroner to be paid out of the estate of the person deceased, if such there be, and for want of such estate by the county where the party causeing the inquest shall dye, and where there is noe coroner in the county, that the justice of the peace doeing the office shall have the ffee.||Purvis 226.|
(See an. p. 325, 355.)
Fees of coroner.
Where no coroner, justice to act & have the fee.
|An act declaring the yeare 1676 out of the statute of lymitations.||Edit. 1733 and 1752.|
|FORASMUCH as by reason of the late unhappy rebellion, all judiciary proceedings were impeded and hindred for the greatest parte of the last yeare, being the yeare of our Lord 1676; Bee it enacted by the||Purvis 227.|
|governour, councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that the yeare 1676 shall not be accompted as one yeare included and meant in the statute of lymitation, for payment and demand of debts due by bill, bond or judgements, or in the clause and proviso of pattents for seating of lands, but that in those and such like cases the said yeare of our lord be passed by and not accompted of, for one of those yeares therein or thereby meant or mentioned.||The year 1676 not to be computed in the limitation of time.|
|An act for signing executions on judgments in the assembly.||Edit. 1733 and 1752.|
|IT haveing beene proposed in this assembly how and by whome executions issueing upon judgments granted by the grand assembly shall issue and be assigned; Bee it enacted by the governour, councell and burgesses of this present grand assembly and the authority thereof, and it is hereby enacted, that all executions issueing upon judgements granted by the grand assembly shall be written and drawne by the clerke of the assembly and signed onely by the right honorable the governour, his honour being the head of the grand assembly.||Purvis 227.|
Executions on judgm'ts rendered by the assembly to be issued by the clerk & signed by the gov'nor.
| November the 10th, 1677.|
The assembly is desolved.
|THESE FOLLOWING ORDERS WERE MADE:|
| ORDERED that an order made the last assembly for the division of the
countyes on the northside Rappahannock river be revived, renewed and altered, vizt.
The burgesses of the northerne countyes on the northside Rappahannock river, as well the last assembly as this proposeing and desireing in behalfe of the inhabitants of their said counties, that the said neck may be devided into countyes by lines runing a crosse from Rappahannock river to Potomack river; It is therefore ordered that the people in each county in the whole neck be convened to meete and nominate two such persons as shall be thought capable for each county to treate, consult, and report thereof to the next assembly, provided the people shall judge it convenient to have such division made, and the persons soe nominated and chosen to meete the twentyeth of June next, at the house of captaine Thomas Beale, and that the choice of such persons be made in respective county for themselves the third Tuesday in May next.
|(See an. p. 406.)|
Former resolution respecting the division of the counties between Rappahannock & Potomack revived, & amerced.
Report to be made to assembly.
|ORDERED that such accounts as are brought against the publique for proofe to the county courts, for the tyme to come, that the true costs or full value of all such things as are therein contained, be alsoe made out at the same courts, either by evidence or the oath of the claimer, and the like for all provisions expended for publique use, and such valuation and accounts as shall come soe returned to the assembly shalbe allowed by the publique without abatement, and alsoe just accounts and claimes which comes two late this assembly to be examined by the committee, and alsoe all such as are yett to be made, stand referred to the examination, and allowance of the next assembly.||(See an. p. 405.)|
How accounts for pub. claims to be proved.
|THE claime of Rappahanock county for horses, armes, &c. concerning the Indian warr is referred to the next assembly, the like reference is granted to all the counties on the morthside Rappahanock river.||Certain public claims, for horses, arms, &c. postponed.|
|UPON the motion of Mr. John Langhorn one of the members of this house, It is ordered that any jurors which have beene summoned to the Greene Spring concerning the late criminalls, may if they desire it, be allowed the next assembly for their charges according to law.||Jurors allowed for their attendance, on the late trials.|
|UPON a motion from Acomack county, sent by their burgesses, It is answered and declared, that the law has provided that a person summoned as a witnes against another, ought to answer upon oath, but noe law can compell a man to sweare against himselfe in any matter wherein he is lyable to corporall punishment.||Witnesses to answer upon oath; but no man to swear ag'nst himself so as to subject him to corporal punishm't.|
|ORDERED that all persons whose tobaccoes is now levyed without caske, both for the last assemblyes, and this assemblyes accounts and ought to have casque allowed to the same, shall have the allowance thereof the next assembly if they take care to send their claimes.||Allowance of cask, in cert'n levies.|
|THE accounts and negotiations of Mr. Secretary Ludwell as treasurer and agent for Virginia, (a) haveing been duely and throughly weighed, considered and debated, and found to be legall, just, faithfull and greatly serviceable to this his majesties country, and it being taken notice of that some ill disposed persons have||Sec'tary Ludwell's acc'ts, as agent for Virgin. in England approved; & he publicly justified against cert'n aspersions.|
|(a) It will be recollected that Mr. Secretary Ludwell and Colo. Daniel Parke were agents for Virginia, in England, in negotiating with the government there, concerning some late grants made to certain lords, patentees, which greatly alarmed the colony; (see ante page 313;) the substance of which grants may be seen post page 427.|
|endeavoured to aspearse his honour in the said trust and negotiation; It is therefore ordered that Mr. Secretary Ludwell be publiquely justified as haveing well performed, and duely rendred account of his said trust and negotiation, and that he have all due redresse against those persons soe aspersing and villifyeing of him.|
|CHARLES the second by the grace of God, of England, Scotland, ffrance and Ireland, defender of the ffaith, &c. to our trusty and well beloved Sir WILLIAM BERKELEY, Knt. our governour of our plantation of Virginia, greeting: WHEREAS Nathaniell Bacon the younger, and diverse ill disposed persons, his complices and adherents have raised a rebellion and levyed warre against us in our said plantation, wee being gratiously inclined and willing to extend our royall compassions to such our subjects as have acted in, and been guilty of, or shall act in, or be guilty of the said warre and rebellion, who being sensible and repenting of their disloyalty and disobedience to us and our government, shall humbly implore our grace and mercy, and shall returne to their due obedience and duty, have thought fitt to give and grant full power and authority to you our said governour for us and in our name to pardon release and forgive unto all such our subjects (other than the said Nathaniell Bacon) as you shall thinke fitt and convenient for our services, All treasons, ffellonyes and other crimes and misdemeanors by them or any of them, acted, done or comitted, or which shalbe acted, done or comitted by them or any of them, during and relateing to this present warre and rebellion, with full restitution to the persons soe by you to be pardoned, their heires, executors and administrators of their estates, as well reall as personall, And our will and pleasure is, that all and every such pardon and pardons by you to be granted pursuant to the power and authority hereby to you given, shalbe to all intents and purposes as good and effectuall in law, and shalbe pleadable and allowed, in all our courts||Proclamation of the king, of 10th of Octo. 1676, authorising
gov'nor to grant pardons except to Bacon.|
(See an. p. 366, act I, which is said to be founded on this proclamation.
But see note, below.
|and before and by all our justices, magistrates and all officers whatsoever, in as full and ample manner as if the same had beene granted by us, and had passed under our greate seale of England. In witnesse whereof wee have caused these our letters to be made pattents, Witnesse ourselfe at Westminster, the tenth day of October, in the eight and twentieth yeare of our reigne, &c.*|
|YOU shall besides the former instructions given you, when you were last in our kingdome observe these additionall ones, and where ever there shall appeare any thing of contrarity in them these latter are to have the preference, and be observed by you.|
|1. You shalbe noe more obliged to call an assembly once every yeare, but only once in two yeares, unless some emergent occasion shall make it necessary, the judging whereof wee leave to your discretion. Alsoe whensoever the assembly is called ffourteene dayes shalbe the time prefixed for their sitting and no longer,||Not to call an assemb. once a year, but once in 2 years; & only to sit 14 days, unless for good cause, &c.|
|* Besides this proclamation of the 10th of Octo. 1676, on which act I. of February, 1676-7, (ante pa. 366) is declared to be founded, there appears to have been another proclamation of the 27th of October, 1676, addressed to Sir William Berkeley, authorising him to offer a free pardon to all the inhabitants of the colony of Virginia, Bacon alone excepted, who would within twenty days after its promulgation, submit themselves, and take a certain oath of obedience, and give security for their future good behavior. −− The proclamation of the 27th of October, 1676, is recited as being to the above effect, in a subsequent one of 1677, addressed to Herbert Jeffereys, Esq. the succeeding governour; and because Sir William Berkeley had so far departed from the king's instructions as to except several other persons from the benefit of a free pardon, besides Bacon, the proclamation of Sir William Berkeley is abrogated and revoked, and that of the king, dated 27th of October, 1676, declared to be in full force. See post pa. 428, 429.|
|unless you finde good cause to continue it beyond that tyme.|
|2. You shall take care that the members of the assembly be elected only by ffreeholders, as being more agreeable to the custome of England, to which you are as nigh as conveniently you can to conforme yourselfe.||Members of assembly to be elected by freeholders only.|
|3. You shall endeavour to make a good peace with the neighbour Indians, and in manageing and concluding a treaty with them, you shall make use of the assistance of the comissioners, wee now send from hence for that our colony, whome you shall receive and treate with all due respect, as persons chosen by us for their loyalty and abillity to undertake and performe the high trust wee have reposed in them; and perticulerly you shall take care to provide them with a convenient house and lodging; you shall imediately upon their arrivall make the councell acquainted with it, as likewise with the contents of their commission.||To make a good peace with the Indians, with the aid of the commiss'ners sent.|
|4. During these troubles you shall exactly put in execution the instructions not to suffer any one to goe on board any merchant shipps or other vessells comeing into any port or anchoring in rhode of that our colony without your certificate and commission, and you shall have a spetiall care that neither Nathaniell Bacon in perticuler, nor any of his accomplices be suffered soe to doe.||Not to suffer any one to go on board a vessel, with't permission, during the troubles.|
|5. Imediately upon the arrivall of our fforesaid commissioners you shall call a new assembly, the late assembly to be by your authority desolved, if it be not soe at the tyme of your receipt of theise, and the new one to be elected according to the second of theise instructions; but in the calling of assembly, you shall avoyd (as much as our affaires will permitt) the convening of them in court tyme.||A new assembly to be called, and the old one dissolved, on the arrival of the commissioners.|
|6. You shall declare voyd and null all the proceedings of the late assembly, wherein the said Nathaniell Bacon and his accomplices were pardoned, and violence offered to the assembly.||To declare void all laws passed under Bacon's influence.|
|7. And upon receipt of theise instructions, you shall imediately summon the said Nathaniell Bacon, to present himselfe in such place and manner as you shall judge fitt, which when have done, you shall seize him and either make his processe theire, or send him on||To sum'n Bacon to surrender; to seize him, & either try him here, or send him.|
|shipp board, with the proofe relateing to his crimes, in order to his transportation hither for his tryall, as you shall judge most convenient, according to his greater or lesser interest amongst the generality of the people there at this present.||w'h the proofs to Engl'd, according to his interest with the people.|
|8. But if the said Nathaniell Bacon shall refuse to render himselfe, then the proclamation which you shall receive with theise instructions shalbe imediately proclaymed, and all waies of force and designe used to surprise him, and to the end he may not easily make his escape, wee have caused our letters to be directed to our most deare brother James, Duke of Yorke, or the comander in cheife under him of New Yorke, as alsoe to the Lord Baltimore, or the comander in cheife under him of Maryland, to seize the said Bacon and returne him prisoner to you in case he should retire to either of theise places.|| If Bacon will not surrender, he must be
taken by force or design.|
Letters addressed to governors of Maryland & New York, to apprehend him, if he escapes there.
|9. You shall reduce the salary of the assembly of members to such a moderate proportion as may be noe greivance to the countrey, and in the regulation hereof, you shall advise with the aforesaid comissioners.||To reduce the wages of the members of assembly.|
|10. You shall according to your foresaid instructions give once a yeare an account both to our councell of trade and plantations, and likewise to our commissioners and ffarmers of our customes here, of those severall things you are directed by the ffifth, seaventh and eighth articles.||To render an acc't to council of trade & plantations in England.|
|Given att our court at Whitehall the 13th day of November 1676, in the eight and twentyeth yeare of our raigne.|
|(See an. p. 311, 312, a reference to this grant.)|
|FIRST, that the intire territory, tract and dominion, comonly called Virginia, with the territory of Accomack, with all rights, appurtenances and jurisdictions, together with all rivers, waters and royaltyes whatsoever are granted as above, and bounded on the north with the dominion of Maryland, on the east with the sea, on the south with Carolina, with all islands withing the said bounds and within tenn leagues of the shore.||Ext't of grant to lords Arlington & Culpeper, −− the whole of Virginia.|
|2. The escheates of all lands which shall become forfeite to his majestie, his heires or successors are granted as abovesaid, under certaine compositions.||Escheats.|
|3. The quittrents and other rents, payments, duties and reservations upon any grants of the premisses whatsoever due to his majestie are granted to the said lords grantees for the terme abovesaid, to be paid in specie and not in comodity, together with all arreares of rents to their owne use without account since the last day of May 1669||Quitrents.|
|4. Power granted to the said lords, their executors or assignes during the terme aforesaid, to grant all lands not granted by the governour before the date of the said demise.||Power to grant lands.|
|5. Nomination of all sherriffes, escheators, surveyors, &c.||Nomination of sheriffs, escheators, surveyors, &c.|
|6. Presentations to all churches and to endow them with land, &c.||Presentation to churches.|
|7. Dividing all the said territorie into counties, parishes, &c.||Formation of counties, parishes.|
|* This very extraordinary grant, in violation of all the former charters to the colony of Virginia and the rights of the inhabitants, gave rise to the 1st act of 1674, ante pa. 311, in which the assembly pointed out the injurious effects which would be produced by it to the colony, and raised a very considerable revenue, for the support of an agency in England, in order to negotiate with the government there, for its repeal.|
|8. The makeing a new seale for the sealing of all grants, confirmations and of all lands to be granted by their honours or their deputies, together with power of keeping registers or records of all such grants, confirmations, &c. and markeing all other records of the same for the future void.||New seal for grants, &c.|
|9. The governour and councell of Virginia now, or for the time to come are by the said demise forbidden to grant any more lands within the said tract or territory of Virginia, with a non obstance to all former powers, laws, instructions, &c. whatsoever formerly granted to them or any of them.||Gov. & council not to grant any more lands.|
|The demise being for the terme of 31 yeares hath yett power of granting lands in ffee simple, which being contrary to law may deceive those who shall sue out such grants since the ffoundation of their title, being illegally, they may be ousted of their possessions after they have layd out their estates and industeries upon them, and consequently ruined.||Remarks upon the grant.|
|The above is the true copie of what was given me by coll. ffrancis Morrison at the house of coll. Thomas Swann in the presence of Mr. Speaker, major generall Custis, coll William Traverse and major Robert Bristow, upon the eighteenth day of March 1676, to be entered in the assembly records, and a copy given to the respective burgesses for every county for the better satisfaction of the inhabitants of Virginia.||Authentication of the above.|
|TRUSTY and well beloved, wee greet you well, WHEREAS by our royall proclamation bearing date at our court of Whitehall, the twenty seventh of October last past, in the eight and twentyeth yeare of our raigne, for the suppressing a rebellion then lately raised within our plantation of Virginia, wee were pleased amongst other things to declare that if any of our subjects, who have or shall have engaged with or adhered to Nathaniell Bacon the younger in the said rebellion, should within the space of twenty dayes after the publishing of that our proclamation submitt||Recital of proclamation of 27th Oct. 1676 giving power to Sir William Berkeley to grant a gen'l pardon, Bacon alone excepted.|
|himselfe to our government, and before the governour deputy governour or other commander in cheife of our fforces within our said plantation take the oath of obedience mentioned in an act of parliament made in England in the third yeare of the raigne of our royall grandfather, and give such security for his future good behaviour as the said governour, deputy governour or other comander in cheife should approve of, then such person soe submitting and takeing such oath and giving such security was by our said proclamation pardoned and forgiven his rebellion and treason by him comitted, and should be ffree from all punishments and forfeitures for or by reason of the same, wee are now given to understand that Sir William Berkeley, knight governour of that our plantation hath (as he pretends) according to our said gratious proclamation and power by us given unto him publisht another proclamation bearing date at Greene Spring in that our plantation the 10th of ffebruary last past, in the nine and twentyeth yeare of our raigne, whereby he declares full, free and absolute pardon and indemnity of life and estate to all persons inhabiting within that colony, for all treasons comitted there since the ffirst begining of the said rebellion under Nathaniell Bacon aforesaid, provided every such person should within twenty dayes after the date of his said proclamation repaire to one of our justices of the peace there, and take the oath of obedience above mentioned, but yett with an exception and exclusion from pardon of diverse and sundry persons in his said proclamation named, for which he hath no ground or authority from our foresaid proclamation, the same being free and without exception of any person besides the said Nathaniell Bacon who should submitt themselves according to the tenour of our said proclamation. In regard thereof the governours proclamation is soe different from ours, and soe derogatory to our princely clemency towards all our subjects who have any true sence of their loyalty can by any meanes be reduced to it, and for other reasons alsoe us thereunto moveing, wee have thought fitt to abrogate and revoake, and doe hereby abrogate and revoake the said proclamation of the tenth day of ffebruary last issue by Sir William Berkeley governour of that our plantation as aforesaid, and wee doe hereby require||Sir W. Berkeley's proclamation of 10th of Feb. 1676-7, not
conformable to his instructions, in excepting several others from pardon, besides
The gov'nor's proclamation of the 10th of Feb. 1676-7, abrogated and revoked;
|and authorize you to acquaint our subjects there with this our royall will and pleasure hereby declared, that the governours said proclamation is, and shall be deemed to be null and of noe validity, and that our owne proclamation of the twenty seventh of October last past shalbe punctually obeyed and observed in all points, the governours proclamation or any thing therein conteyned to the contrary notwithstanding, for the doeing whereof this shalbe your warrant, and soe wee bid you ffarewell, Given at our court at Whitehall the ffifteenth day* 1677, in the nine and twentyeth yeare of our raigne.||and the king's proclamation of the 27th of October, 1676,
declared in force.|
(* So in MS.)
| The direction is thus: |
To our trusty and well beloved Herbert Jeffereys, Esq. lt. governour, and the councell of our colony and plantation of Virginia, in the West Indies.
|By his majesties command. |
ATT THE COURT AT WHITEHALL THE
11th OF JULY, 1677.
By the Kings most excellent Majestie and the Lords of
his most honourable Privy Councell.
|THE right honourable the lords of the committee of this board for trade, &c. haveing this day reported to his majestie in councell that they have received information from Virginia, that a very considerable summe of money raised there in the yeare 1674 and 1675, (a) and deposited in England for a publique stock, to be made use of for rewards and other expences to such as were sent as agents from the said colony for a procureing a charter from his majestie and other publique necessities hath bin for the greatest part thereof by the late assembly, called while the country||Recital, that money raised, in Virginia, in 1674 and 1675, and deposited in Engl'd, for the use of the agents of Virginia had been drawn for by the late assembly, & probably misapplied.|
|(a) This was the money raised by the 1st act of 1674, ante page 311.|
|was yett remaining under great distractions, and uncapable of makeing their elections after the usuall manner, distributed and disposed of by bills of exchange to uses which may prove less agreeable to the intentions of the now assembly called by the present governour, It was upon consideration thereof, and in regard the present condition of the said colony is soe miserable and necessitous that the misapplication of soe considerable a summe of money would be of very evill consequence to his majesties affaires and resettlement of the country; Ordered by his majestie in councell that Thomas Ludwell Esqr. and coll. Daniel Parke treasurers of Virginia be, and they are hereby required to attend the board concerning matter on ffryday next, the 13th instant, at ten of the clock in the morning, and that in the meane time the treasurers and all other persons who have in their hands any publique moneys of the said colony, doe forbeare to dispose thereof notwithstanding any directions they have received from the assembly of Virginia for that purpose.|
Thomas Ludwell & Daniel Parke, cited to appear before the king in council.
ATT THE COURT AT WHITEHALL THE
13th OF JULY, 1677.
By the kings most excellent majestie and the lords of
his majesties most honourable privy councell.
|WHEREAS it hath beene represented to his majestie in councell that a very considerable sume of money raised in Virginia in the yeare 1674 and 1675, and deposited in England for a publique stock, to be made use of for the service of the said colony, hath bin for the greatest part thereof by the late assembly called while the country was yett remaining under greate destractions, and uncapable of makeing their elections after the usuall manner distributed and disposed of by bills of exchange to uses which may prove lesse agreeable to the intentions of the intentions of the new assembly called by the present governour, his majestie takeing the same in consideration, and designing that the monys soe collected and remaining in the treasurers hands, shall not be imployed to any other ends then||Recital, as in the foregoing order of council.|
|such as shall most conduce to the advantage and settlement of that plantation, did order that Thomas Ludwell Esqr. and coll. Daniell Parke, treasurers for Virginia be, and they are hereby required to forbeare to issue out or dispose of any of the said publique monies to any person or persons whatsoever without receiving his majesties order in councell for the same.||Thomas Ludwell & colonel Daniel Parke, treasurers of Virginia, ordered not to dispose of any more of said money with't the king's order in council.|
|Pages 387-406||Pages 433-457|