|Pages 407-432||Pages 458-471|
|BEGUNN AT JAMES CITTY THE 25TH OF APRIL,
ANNO DOMINI 1679, ANNOQ REGNI RS. CAROLI
|Sir Hen. Chicheley, lieutenant governor.|
|An act for the defence of the country against the incursions of the Indian enemy.||Edit. 1733 and 1752.|
|WHEREAS this grand assembly have taken into sad and serious consideration the sundry murthers, rapines, and many depredations lately committed and done by Indians on the inhabitants of the country, and the greate danger the ffrontier counties are exposed to by the frequent incursions of Indians, for prevention whereof, and for the future security of the country, Bee it enacted by the governour, councell and burgesses of this grand assembly, and the authority thereof, and it is hereby enacted, that fower houses for stores or garrisons be erected and built at the heads of the ffower greate rivers, vizt. Att the head of Potomack river, at Nieapico, (a) near Occoquan, one store house to be strongly built, and well covered to be sixty foot long, and twenty two foote square to be strongly built for ammunition, both which to be built and paid for at the publique charge. And that major Isaac Allerton, coll. St. Leger Codd, and coll. George Mason take upon them to provide the severall necessaryes||Preamble|
Four houses, for stores or garrisons, to be built on the 4 great rivers, viz.
|* The commencement and acts of this session taken from Northb. MS. In the edi. 1733 & 1752 the commencement is, 'At a GRAND ASSEMBLY, begun at James City, the twenty fifth day of April, 1679, and in the thirty first year of the reign of our sovereign lord Charles II.'|
|(a) 'Nieapsco' in Purvis, and Ch. City & P. Rand. MS.|
|hereafter mentioned for the said worke and houses, for which they shall be reimbursed by the publique in the respective counties where they live (that is to say) eight thousand eight penny nails, ffive thousand tenn penny nails, ffowre thousand twenty penny nails, ffower iron potts of about eight gallons each with pott hooks, ffower iron pestles, two haire sifters course, twelve milke treyes, six spades, two cross cut saws, six wedges, two broad axes, six falling axes, six hilling hoes, two drawing knives, two hand sawes, one grindstone, one ffrow, two hammers, six gimletts, two augers, one of an inch and one of an inch and halfe, two ffiles, one adze, two frying panns, two stocklocks, tenn bushells of salt and ffower washing tubbs. Att the head of Rappahanack river one storehouse or garrison with a small house, both of the dimensions aforesaid, and that major Lawrence Smith doe procure the severall necessaryes above mentioned, for which he shalbe allowed by the publique in tobaccoes in Glocester county, at the rate of tenn shillings per hundred with caske. Att the head of Mattopony, at or above the Indian townes, one store house or garrison with a small house for ammunition of the dimensions aforesaid, and that capt. Richard Johnson doe procure and provide the severall necessaryes above mentioned, for which he shalbe allowed by the publique in tobaccoes, to be paid in New Kent county at the rate of tenn shillings per hundred with caske. Att the head of James River on the southside above capt. William Birds, one storehouse or garrison with a small house for ammunition of like dimensions aforesaid, and that capt. William Bird (a) do procure and provide the severall necessaryes afore mentioned, for which he shall be paid for by the publique in Henrico county. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that every forty tythables within this colony be assessed and obleiged, and they are hereby assessed and obleiged to fitt||Materials, specification of; to be provided by the superintend'ts
& reimbursed by the public.|
On Jas. river.
Every 40 tithables to provide one man, completely armed;
|* The running title of the acts of this session in edi. 1733 & 1752 is, 'Anno tricessimo primo Caroli secundi regis.'|
|(a) The words 'one store house or garrison, with a small house for ammunition, of like dimensions aforesaid, and that captain William Bird,' omitted in Northb. MS.|
|and sett forth one able and suffitient man and horse, with furniture well and compleately armed with a case of good pistolls, carbine or short gunn and a sword, together with two pounds of powder and tenn pounds of leaden bullett or high swan shott, and alsoe that each respective forty tythables doe provide and send up to the severall store houses five bushells of shelled Indian corne and two bushells of meale, eighty pounds of good well salted porke, or one hundred pounds of good beefe for fower months provision for such man and his horse, and so from fower months to fowre months punctually. And be it further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that imediately after publication of this law the severall justices and militia officers of each county doe assemble themselves at some convenient place and consider of the proportion and divide the respective tythables of their counties into fforties, which fforty tythables soe by them devided and appointed to find a man and horse, armes, provision and ammunition as is before expressed, shall either refuse, neglect or be uncapable to fitt out such man and horse, armes, provisions and ammunition, in manner as aforesaid, that then the justices and militia officers of the said county be, and they are hereby impowred to impresse a man and horse with armes, ammunition and provisions as is aforesaid, and send them to the said storehouse or garrison, and assesse the said delinquent tythables, the whole charge thereof, and cause the same to be levied and paid where the same shalbe due. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that the pay of each private souldier or trooper for his personall service shalbe after the rate of two hundred pounds of tobacco and caske per month, and soe proportionably for greater and lesser tyme, and for a horse eighty pounds of tobacco and caske per month, and soe proportionably for greater or lesser tyme; and if after the proportioning the tythables of each or any county into fforties and lesse number shall remaine, such tythables shalbe assessed by the justices proportionably to the rest to help to defray the whole charge. And be it further enacted by the authority of aforesaid, and it is hereby enacted, that whensoever it shall happen that any one or more such souldier or souldiers||also provis'ns. |
Justices & militia officers to make the apportionment.
If the man, &c. be not provided, to be impressed.
Pay of privates & for horse.
Men horses, &c. dying, or disabled, to be replaced by the same tithables.
|soe fitted out as aforesaid, shall happen to dye, be killed, lost or disabled for service, or if any armes soe fitted and sent out shalbe lost, broken, spoyled or become unserviceable, and that their forty tythables to whome they are or any of the appertained, shall be delinquent in fitting and sending out others in their stead, and then in such case the respective justice and militia officers shall impresse, and are hereby impowred to impresse others in theire roome, but if such horse shall dye or be killed in the countries service, and good certificate be made thereof by the commander in cheife of the garrison to which he belonged to the assembly, or that such armes as are lost and broken, were lost and broken in the service, and not by neglect or fault of the souldier to whome they belonged, that then such horse or armes shalbe paid for by the publique according to the certificate of the cheife comander, but in case any souldier shall wilfully or carelesly spoile his horse, or kill or loose him, or spoyle, loose, or imbezell his armes, such soldier shall be lyable, and he is hereby made lyable to make full satisfaction for the same to the said fforty tythable who fitted the same out. And be it further enacted by the authority aforesaid, and it is hereby enacted, that in case any souldier, horse, or armes fitted out and sent by any respective number of tythables, shalbe by the justices and militia officers judged unfitt for such service, that then in such case the said justice and militia officers doe returne such man, horse and armes, and imediately impresse others in their roome, and assesse the pay and costs on those to whome the other belonged, or by whome they were sent out. And be it further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that for as much as the present necessity of the tymes requires able and prudent commanders who have both courage and good conduct, that a captains pay be twelve hundred pounds of tobacco and caske per month, he finding himselfe horse, armes, and provisions, &c. and that one of the lysted souldiers which he shall make choice of doe waite and attend him, that a lieutenants pay be eight hundred and ffifty pounds of tobacco and caske per month, the cornetts pay six hundred pounds of tobacco and caske per month, chirurgions pay eight hundred||Horses, arms, &c. lost in service, to be paid for by
But if lost by negligence of soldier, he liable to the 40 tithables.
Man, horse or arms, sent by tithables, unfit for duty others to be impressed, and the charge assessed on them.
|and ffifty pounds of tobacco and caske per month, each of those respective officers finding themselves horse, armes, ammunition and provisions. And if any of the said officers shall loose or have any of their horses killed in the service, that in such case, such horse soe lost or killed to be paid for by the publique. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted that a box of medicines be bought or imprest by the commander in cheife of each garrison to the value of ffive pounds sterling or thereabouts not exceeding the said summe for the use of the garrison, and for payment thereof such captain drawing a note upon the next collector of the two shillings per hogshead, and to be by him paid, and allowed to him in the publique accompt. And be it further enacted by the authority aforesaid, and it is hereby enacted, that a corporalls pay and a trumpeters pay be ffifty pounds of tobacco per month over and above a private souldiers pay, which overplus pay of ffifty per month together with the other officers pay before mentioned shalbe payd and defrayed by the publique. And whereas diverse counties who are to send provisions &c. to the respective garrisons, lye farr remote from the said garrisons; It is hereby enacted, that the justices and militia officers of such county take care to send up their provisions and ammunitions with the best convenience and greatest security, which charge shall be paid for and defrayed by the publique. And be it further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that the souldiers to be raised in each respective county by vertue of this act, are forthwith with all possible convenience to be raised, and are to repaire to their severall garrisons, and to be upon the place by the twentyeth day of June next at furthest, and if possible sooner; and that each respective county send their proportion of men as is hereafter sett downe and expressed, vizt.|
Allowance for horses killed or lost, in service.
Medicines, how provided.
Corporal's & trumpeter's.
Remote counties to send their provisions, &c. at public expense.
By what time soldiers to be raised.
|Henrico county, north side of Charles Citty county, Warwick county, Elizabeth Citty county, James Citty county, together with ffowre souldiers from Lower Norfolke county, fower from Nanzemond, fowre from the Isle of Wight, three from Surry, and two from the south side of Charles Citty county, be sent to the garrison||Proportion to the several counties.|
|at the head of James river; New Kent county, Yorke county, and one third part of Glocester county souldiers to be sent to the garrison at the head of Mattapony; Middlesex county, Rappahanack county, and two third parts of Glocester county, souldiers to be sent to the garrison at the head of Rappahanack river; Stafford, Westmoreland, Northumberland and Lancaster county, souldiers to be sent to Potomack garrison; Lower Norfolke, Nanzemund, Isle of Wight, Surry and the southside of Charles Citty county, souldiers to be rangers for the security of their respective counties according to such order and direction as shall be agreed upon and made by their militia officers. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that for the ease of publique charge, each respective souldier be, and he is hereby strictly enjoyned to be assistant by all convenient and possibly wayes for the secureing themselves, and building the guard house and store house or houses, that is to say, in falling, maulling, sawing, or doe any other matter or thing requisite or necessary, and alsoe in fencing to make pasture to secure their horses, &c. And be it alsoe further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that each garrison be supplyed with a good boate and oares, such as may be sufficient to passe over at least three of fower horses at a tyme, and that the commander in cheife of each respective garrison be, and he is hereby enabled to procure and bargaine for such boate and oares to be accordingly paid for by the publique upon his certificate of the price thereof, a boate and oares for Mattapony garrison being already provided by coll. John West. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that fower of the neighbouring Indians to each garrison be commanded by the comander in cheife thereof to be alwayes attending at each garrison. And because there is noe neighbouring Indians on the Virginia side resideing near the garrison on Potomack river, the commander in cheife of that garrison is hereby impowred and to hyre fowre of the Matteoman Indians in Maryland for the service of that garrison; And to avoyd all mistakes and harme that may ensue for being|
Soldiers to assist in building garrisons, &c.
Each garrison to be provided with a boat & oars.
Four Indians to be provided for each garrison.
|unacquainted with our neighbour and freindly Indians, and to the end wee may the better know them from our enemies in the ranging and marches, Bee it enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that all and every Indian towne have speedy notice, that if at any tyme any of them, or any of their freinds that may repaire to their townes, shall happen to meet with any of our souldiers ranging in the woods, or shall come neare any our plantations or people in any place or places whatsoever, that they must not flye, hide themselves or make any opposition, and that if they doe, they may be proceeded against with all manner of hostility as enemies; but if they shall stand peaceably and discourse the English, and give true accompt who and what they are, and upon their approach lay downe their armes, that then they shalbe civilly treated and noe harme shalbe offered or be done unto them. And forasmuch as the said garrisons may not any tyme be left destitute of suffitient defence against any enemy that shall or may attempt the same, Bee it enacted that tenn long guns or muskets be provided with one barrell of gunpowder and leaden shott or bullett proportionable thereto for each garrison to be kept in the store house belonging to it, for a reserve and defence for the same. And that the charge of such gunns, powder or bullett (if the same cannot be procured from his majesties stores, be payd for and defrayed by the publique. And to the end that the Easterne shore may not altogether be left without defence against the Indian enemy, if any shall attempt thereon, or any suspitions of such attempts shall arise among the inhabitants there; Bee it enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that the inhabitants on the Easterne shore may have, and it is hereby declared that they have the same liberty to make garrisons and raise souldiers in manner and forme as is allowed to the severall counties on the Westerne shore, or to raise and imploy their soulders in ranging as they find occasion. And be it further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that the severall assotiations on the south side of the James River shall and may (as they have occasion) erect like houses and||How to know friendly Indians.|
What arms & ammunition to be kept in store at each garrison.
Inhabitants of Eastern Shore may build garrisons & raise men, &c. the same as Westerne Shore.
Associations on south side Jas. river may erect garrison, &c.
|garrisons as is at the head of the other greate rivers, towards which they shall be equally allowed by the publique with the other garrisons before nominated, And such officers as are imployed in ranging either on the easterne shore or the south of James river, be paid for the time of their service by the publique equally with other officers at the garrisons. And for the better encouragement and more orderly government of the souldiers, that what Indian prisoners or other plunder shalbe taken in warre, shalbe free purchase to the souldier takeing the same,* And where any difference shall happen among the souldiers in such or like matters, the same to be adjudged, decided or determined by their respective cheife comanders. And all such souldiers as shalbe maimed and disabled in the service to have an annuall pention allowed them by the publique at the discretion of the assembly, and that the articles of warre be published and practiced as is directed in the act of assembly made in the yeare 1675.||Rangers, how paid.|
Indian prisoners or plunder taken in war, to be free purchase to the soldier.
(See ant. page 346, 404.)
Chief commander to decide any differences among the soldiers.
Pensions, to wounded or disabled soldiers.
Arti's of war. (see an. p. 333.
|An additional act for the better preventing stealing of Hoggs.||Edit. 1733 and 1752.|
|WHEREAS notwithstanding the former law against hog stealing, the same is dayly practiced to the great damage of the inhabitants of this country; for the prevention whereof, Bee it enacted by the governour, councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that this following addition be made to the former law, vizt. That for the first offence of hogg stealing, whereof||Purvis 236.|
For the 1st offence of hogstealing, to be punished by the former law.
|* This is not the first legislative sanction given to the making of slaves of Indians, as has hitherto erroneously been supposed. −− The first idea of the kind occurred in one of Bacon's laws, in June, 1676, (ante pa. 346) from which this law is almost literally taken; afterwards in February, 1676-7, the legislature expressly declared that all prisoners theretofore or thereafter taken from Indian enemies, in lawful war, should be slaves to the captors; and that the other plunder taken by any soldiers, should be retained by them, for their better encouragement. See ante page 404.|
|of any person shall be convict, the party shall be adjudged according to the said law. And if any person haveing beene once convict of hogstealing, shall a second tyme be convict thereof, then for such his default he shall stand in the pillory two howres, and have both his eares nailed thereto, and at the expiration of the said two howres have his eares cut loose from the nailes, which penalty and punishment shalbe adjudged and inflicted against and upon the offender by any county court in Virginia, any law to the contrary notwithstanding. And whosoever shalbe taken a third tyme stealing hoggs, that then he be tryed by the lawes of England as in case of ffelony.|
For the 2d. to stand in pillory two hours with his ears nailed, & then cut off.
For the 3d, to be prosecuted as a felon.
|An additional and declaratory law impowring county courts to make by lawes.||Edit. 1733 and 1752.|
|WHEREAS there is greate necessity oftentimes for perticuler counties to make by lawes proper only to themselves, and the former act of assembly to that purpose being too generall and consequently not soe easy to be put in practice. 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 for the future two men be made choice of in each parish by the major votes of the freeholders and housekeepers in the said parish at such tyme and place as by the county courts shalbe appointed, which two soe chosen as aforesaid shall be retorned by the churchwardens, and shall sit in the severall county courts and have their equall votes with the severall justices for the makeing by laws. And where the county shall consist of one parish only, there fower men shalbe chosen and returned in manner as is aforesaid, and shall have equall votes with the severall justices for the makeing by laws. And all such by lawes soe made, shall be firme and binding to the inhabitants of such county, any law, custome, or usage to the contrary notwithstanding. And forasmuch as diverse greate parishes have in them severall chappells or ease, Bee it therefore enacted by the governour,||Purvis 237. |
Two men to be chosen in each parish to vote with justices in mak'g by-laws;
but if only one parish in a county, 4 to be chosen.
|councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that the inhabitants within the precincts of every such chappell of ease, may elect one representative for every such chappell, to sitt and vote with the justices in the makeing such by-lawes as aforesaid, the tyme and place for such election to be also appointed by the county courts.||One representative to each chapel of ease.|
|An act declaring how farre accounts are pleadable against dead mens estates.||Edit. 1733 and 1752.|
|WHEREAS the 95th act of assembly in the printed booke makeing noe accompts pleadable against dead mens estates is found too severe, and that many executors and administrators of dead mens wills and estates have had and taken too great advantage thereby to the defrauding and greate prejudice of many creditors to such estates, for prevention whereof for the tyme to come, and to the end all just debts may be recovered against the debtors estates, Bee it enacted by the governour, councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that from hence forth all accompts brought against the debtors estate for any debt made an contracted within one yeare before the partyes death (but noe longer) shall be pleadable and recoverable against the debtors estate, and for (a) longer tyme without prescription, if the party in debt shall after contracting such debt remove or abscond himselfe from the county where he lived after contracting the same. Provided always that all such accompts and claimes as shall be brought against a dead mans estate be fairely proved to the court by the oath of the creditor and one witnes more, and that the party clayming and sueing for such debt doe himselfe appeare and in open court, make oath upon the holy evangelist, that the same is wholy due without any discompt to be made or creditt to be given that he knowes off.||Purvis 238.|
(See an. p. 111.)
Debts recoverable against dead men's estates, if contracted only 1 year before the death.
and with't limitation if the deb'r removes or absconds.
Provided that such debts be proved by the oath of the party and one witness.
|(a) The word 'no' in Purvis, before 'longer;' but it is not to be found in any of the MSS. and entirely varies the sense.|
|An act repealing the 129th act of assembly in the printed booke.||Edit. 1733 and 1752.|
|WHEREAS the 129th act of assembly in the printed booke of lawes, enjoyning the inhabitants on Potomack river and on the Easterne shore not to make delivery of their tobaccoes, by them sold or paid away without certificate from the collector that the impost thereof is paid to him under the penalty of twenty shillings for every hogshead by them suffered to be taken out of their possession, is found greivous to the said inhabitants, all other the inhabitants of Virginia being at their owne liberty to sell and deliver their own tobaccoes to the best advantage; Bee it therefore enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that the said 129th act of assembly be, and from henceforth stand repealed, and that the inhabitants on Potomack river and on the Easterne shore have like and equall priviledge and liberty with the rest of his majesties subjects in this colony to sell, dispose, pay and make delivery of their tobaccoes to the best advantage and conveniency.||Purvis 239.|
(See an. p. 139.)
Act 129, of 1661-2, repealed; and inhabitants of Potomack and Eastern Shore may dispose of their tobacco, as others.
|An act assertaining collectors ffees for entry and clearing ships, &c.||Edit. 1733 and 1752.|
|WHEREAS severall complaints have beene made to this present grand assembly that severall collectors in this colony have extracted and taken greate and unreasonable fees for entring and clearing ships and small vessells tradeing into this colony, which if permitted and continued might prove prejudiciall to trade; Bee it enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that from henceforward noe collector or collectors shall or may demand or take other fee for entring or clearing any shipp or vessell comeing into this country then by this||Purvis 240.|
Coll'tors' fees for enter'g and clearing vessels, taking bonds, &c.
|law is assertained and allowed to be taken (that is to say) for every ship or smaller vessell burthen twenty tunn, or under, ffifteene shillings and noe more, and for every ship or other vessell burthen above twenty tunns, thirty shillings and noe more, which said summes shall be in full payment for his fees of entring clearing, licence to trade, and for takeing such bonds as are by law enjoyned to be given and taken at the entring and clearing of ships or other vessells tradeing hither.|
|An act for secureing orphants estates.||Edit. 1733 and 1752.|
|WHEREAS the 66th act of assembly in the printed booke relateing to orphants estates is found too short and difitient, and by the neglect of the courts in takeing security upon granting orders for administrations, greate prejudices have ensued and may ensue, for the prevention thereof for the future, Bee it enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that before any order for administrations upon estates of deceased persons (a) shalbe granted to issue forth from the office, soe as letters of administration shall or may thereupon passe and be signed by the justices as by law is directed and enjoyned, good security shalbe taken for the parties due administration according to law. And be it further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that all justices sitting in court whensoever administrations are sued for and granted, and shall upon granting order or orders of administration neglect to make order for security as is before enjoyned to be taken, shall thereby and for such their neglect become lyable to make good estate in case the same shalbe imbezelled by such administrator. And it is also further enacted, that all justices of the peace stand enjoyned, and hereby are required before they signe letters of administration to demand certificate from the clerke||Purvis 241.|
Good security to be taken before any order for admin'n is grant'd, or letters of adm'n signed.
Justices liable for insufficiency of security.
Cert'cate from clerk, that security is given to be required.
|(a) The words 'upon estates of deceased persons' omitted in Purvis.|
|that security is given according to law and duly entred upon record to the end all orphants, &c. may be secured in their estates, and the justices safe in the due execution of their offices and places.||by justices before they sign letters of administration.|
|An act prohibiting the importation of tobaccoes into this colony.||Edit. 1733 and 1752.|
|FORASMUCH as the importation of tobaccoes into this colony from Carolina and other parts without the capes, hath been found very prejudiciall to this country and the inhabitants thereof, and for prevention of like mischeife and inconveniency for the future, Bee it enacted by the governour, councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that from and after the tenth day of October next, after this present session, noe tobaccoes packt in casque or otherwayes shalbe brought from without the capes of Virginia into this colony, either in boate, sloope, shipp or other vessell whatsoever, to be landed on shoare, sold or shipt of in any ship or other vessell rideing in this colony, except only by such persons as shall make it appeare that they are inhabitants of Lower Norfolke county, and that the tobaccoes by them brought round the capes, is of the growth of the said county, upon penalty of forfeiting all such tobaccoes soe brought into this contrary to the true intent and meaning of this act, the one halfe of such tobaccoes soe forfeited to be to the use of the kings majestie, and the other halfe to be equally divided betweene the informer and the country. Provided alwayes that it shall be lawfull for any merchant or other person inhabitting in this country to fetch from Carolina, comonly called the South, and bring hither all such tobaccoes as are already due to him before the makeing of this law. Provided alsoe that such merchant or other inhabitant of this country as shall pretend to have tobaccoes due their and expects liberty of importing the same into this colony, doe within three months next after the publication of this act repaire to the court in the county where he lives, and their make oath upon the holy evangelist what summes of tobaccoes||Purvis 242.|
No tob'o. to be bro't into Virginia, from Carolina a elsewhere with't the capes;
except by inhabitants of Lower Norfolk.
Proviso, as to debts previously due from inhabitants of Carolina.
|is due to him there, and that the same was due to him before the publication of this act, and cause the same to be entered upon record. And further that such merchant or other person resideing in this colony and haveing tobaccoes due to him in Carolina, and claiming the benefitt of his law to import the same into this colony, shall and doe imediately and before he shall unload the same, either out of boate, sloope or other vessell, bringing the same into this country, repaire to the next or nearest collector of the impost of two shillings per hogshead, and make entry with him of all such tobaccoes as he shall bring in, and doe alsoe make oath upon the holy evangelist before such collector or other magistrate whome he shall appoint, that such tobaccoes soe brought in, is such parte of what tobaccoes was due to him in forreigne parts before the makeing of this act, the totall whereof he hath already signified to the county court where he resides according to the injunctions of this law.|
How to proceed to collect them.
|An act forbidding Maryland vessells trading into this colony without makeing due entry.||Edit. 1733 and 1752.|
|WHEREAS by severall lawes which long have bin, and now are of force in Maryland, all ships, sloopes, boates and other vessells belonging to Virginia are inforced to make entry with the respective collectors before they can be permitted to make delivery of any goods, or take on board any tobaccoes to import hither, and consequently to pay considerable sumes of money to such officer for such entry, though the goods or concerne thither carryed be of very small value, which severity this assembly haveing taken into consideration, doe adjudge it very unneighbourly; Bee it enacted by the governour, councell and burgesses of this present grand assembly, and the authority thereof, and it is hereby enacted, that noe ship, sloop, boate or other vessell belonging to any the inhabitants of Maryland, or comeing from thence shall from henceforth be permitted to bring any manner of goods or comodities of what values soever into any the rivers||Purvis 244.|
Preamble, reciting the laws of Maryland, compell'g Virginia vessels to make entry which the assembly deem very unneighbourly.
No vessel belonging to inhabitants of Maryland, to land any goods in Virginia, with't due entry, under penalty of forfeiture of vessel and cargoe.
|or ports of this government and unload the same either on board any other vessell, or on shore without first makeing due entry thereof with the collectors of theise precincts under the penalty of forfeiting such ship, sloope, boate or other vessell, together with such goods and merchandizes as shalbe soe unloaded as aforesaid, the one halfe to the informer and the other halfe to the use of the county where the seizure is made. And the severall collectors are hereby earnestly desired and enjoyned to take perticuler care in this matter, And this law to stand in force untill the Marylanders shall repeale their seveere law before mentioned.||This act to continue till the Marylanders repeal their severe
|An act for the naturalization of Abraham Vincler, John Michaell, Jacob Johnson, John Pimmitt (a) and John Keeton (b)||Edit. 1733 and 1752.|
|WHEREAS at a grand assembly holden at James Cittie the twentieth day of September, in the twenty third yeare of the reigne of our soveraigne lord king that now is, and in the yeare of our Lord God 1671, It was enacted and ordained that any stranger desireing to make this country the place of their constant residence might upon their petition to the grand assembly, and takeing the oathes of allegiance and supremacy be admitted to a naturalization, whereupon Abraham Vincler, John Michaell, Jacob Johnson, John Pimmitt and John Keeton, aliens makeing humble suite as afforesaid; It is therefore enacted by the governour, councell and burgesses of this present grand assembly, and the authority thereof, that the said Abraham Vincler, John Michaell, Jacob Johnson, John Pimmitt and John Keaton, and every of them be and are by vertue hereof, and the afore recited law whereon this||[From Charles City MS.]|
(This act wholly omitted in Purvis.)
Ab'ham Vincler, and others naturalized.
and entitled to all privileges of natural born Englishmen.
|(a) 'Primmitt' in edi. 1733 & 1752; 'Pimmitt' in Ch. City & P. Rand. MSS.|
|(b) 'Hexton' in edi. 1733 & 1752; 'Keeton' in Ch. City and P. Rand. MS.|
|is grounded capeable of free traffique and tradeing of takeing up, purchaseing, conveying, deviseing and inheritting of lands and tenements, and from henceforth be, and are declared, deemed and holden, and in all constructions of law, stated, vested and indulged with all priviledges, liberties and immunities whatsoever relateing to this collony that any naturall borne Englishman is capeable of according to the true intent and meaning of the said act.|
|An act enabling major Laurence Smith and capt. William Bird to seate certaine lands at the head of Rappahannock and James river.||Edit. 1733 and 1752.|
|FORASMUCH as it is found by too sad and fatall experience that our loose and scattered manner of liveing and want of cohabitation doth not only encourage and embolden our barbarous enemies the Indians, or who else please to make a prey of us, to act so many murthers, depredations and devastations as will in the end (if no tymely prevented) bring in his majesties country to utter ruine and destruction, and hazard the totall depopulation thereof. All which this grand assembly haveing duly considered, and well weighed, and finding by our present vast expence in our necessary defence how greate and insupportable the charge of maintaining a continuall warre with our Indian enemies will necessarily be to the country in keeping and maintaining forts and places of defence, at the ffrontier places of this country, and maintaining an army for the defense of the whole against the present invasion, and secureing us his majesties subjects and his country, for the tyme to come; for the ease whereof, and disburthening the country of this vast charge and expence, it being proposed by some well minded inhabitants that for such encouragements, liberties and immunities as are hereafter mentioned, they will undertake the conditions hereto annexed; and upon further and serious consideration of the said proposals that there are noe meanes soe effectuall to ease the said greate charge and secure us his majesties subjects and||(This act wholly omitted in Purvis.)|
Preamble, reciting the advantages of strengthening the frontiers; and that cert'n persons were willing to adventure there on certain conditions.
|this country, as cohabitation and well fortifying the frontiers and other places most open and obnoxious to our enemies invasions, and finding also the meanes proposed, easie, safe and proper to allure and encourage people to adventure the danger by betakeing themselves to this new and unaccustomed way of liveing. And forasmuch as major Laurence Smith of Glocester county hath offered and proposed to this grand assembly, that for the defence and safety of this his majesties country of Virginia, and more perticuler the inhabitants of Rappahanock river, he the said Laurence Smith within the tyme of ffifteene months next, after the last day of December next ensueing the date hereof, will settle or seate at or neare the place in Rappahanock river, where the ffort was built in the yeare 1676, and have in readinesse upon all occasions on beate of drumm ffifty able men well armed, with suffitient ammunitions and provisions for the countreys service in defence of the inhabitants of Rappahanock river against the Indian enemy upon condition of severall freedomes, priviledges and imunities hereafter expressed to be granted him and them, that he shall seate there, and that the said Laurence Smith will within the tyme before mentioned, seate downe and place upon the said land within a mile in length upon the river and quarter of a mile backwards into the woods to be laid out as he shall thinke fitt, the said ffifty able men soe fitted with armes, &c. as is before expressed, and by such lotts and proportions other two hundred men amounting in the whole to two hundred and ffifty, hereby priviledged to be seated, and their houses to be built, and not any dwelling house or habitation to be without the lymitts before specifyed, and for the better ordering, guiding and governing the said priviledged inhabitants, that the said Laurence Smith shall be ever ready with the ffifty able men well armed as before mentioned upon the least knowledge or notice, either by order of the right honourable the governour, or by order of his majesties lieutenant generall, or major generall or the said inhabitants or other persons, on discovery of any danger or approach of any enemy, to kill, pursue, resist, destroy or take any and every such enemy and enemies, and therein to follow such orders and directions as the honourable governour or|
Major Laurence Smith's proposition.
Conditions to be performed on his part.
|other the said Laurence Smiths superior officer as aforesaid, or in case he shall receive noe such order from such officer as his owne discretion and judgment shall direct and appoint, upon penalty of forfeiting all and every the rights, priviledges and liberties herein mentioned whensoever he shall refuse or neglect to doe and performe the same to his and their utmost abilities, provided the said Laurence Smith with the said ffifty armed men be not compelled to march upon any such expedition beyond the compasse of twenty miles every way distant from the place of their habitations, unlesse there should appeare soe greate a body of enemy as in probability cannot be subdued by the said force, and then in such case he be ready to imbody with such other force as by the right honourable governour shalbe appointed in any place without the said lymitts; upon this condition that during such tyme as they shalbe compelled to march without the said lymitts, he, they, and every of them to be paid for such tyme as they shall soe march according to the rates, and payments allowed to other souldiers appointed by the honourable governour, and alsoe upon any other emergent occasion, any other of the said priviledged inhabitants shall or may by lawfull authority be impressed, or otherwayes raised to proceed in any expedition and proportionally to the number of men that shalbe necessarily raised in any other counties of this countrey, and to receive pay accordingly for their service, and that the honourable governour wilbe pleased to give authority to the said Laurence Smith by full and good comission to be captain and comander in cheife over the said ffifty armed men, and all such of the other two hundred priviledged persons as he shall putt in armes upon any emergent occasion against the Indian enemy; and also full power and authority to him the said Laurence Smith and his other inferior officers to doe and execute such martiall discipline amongst the said ffifty souldiers and others soe put in armes as is aforesaid, as are and shalbe thought fitt and ordered by act of assembly for the well governing and ordering of military men, both in tymes of warre and peace, and that the right honourable the governour wilbe pleased to grant comission to the said Laurence Smith and two others such as he shall nominate|| Proviso.|
Privileges and powers,
civil and military.
|inhabitants of the said priviledged place, quorum unus, &c. to heare and determine all causes of right and wrong in any action at common law, or ariseing usuall at any court of record whatsoever to be heard and determined, and thereupon to award, decree and determine such orders and decrees as according to the lawes and statutes of England and the lawes of this colony, and the common lawes of the land shall be right and just to be heard and determined, be they either civill or criminall soe far forth as the county court of this country are and can be capable by law to heare, determine, doe and execute; And in case any person shall desire to appeale from any judgment or order given against him or them, that then such person or persons may make appeale (and shall not be denyed the same) either to the county court, generall court, or assembly in order, as in other appeales, and be allowed freedome from arrests, upon appeale to the county court two dayes before and two dayes after the day of hearing or tryall, and in case they returne not within the said dayes, that then upon judgment against any such person or persons, he, she or they may be arrested or taken in execution in any place where they may be found according to the lawes and customes of this county, And also that they may have the same priviledge to make by lawes suiteable and necessary for their perticular benifitt and good government as by the lawes of this country, any and every the countyes of this country are impowred to make, which said by lawes to be made shall be agreed upon, concluded of and made by the said Laurence Smith and two other comissioners and six other inhabitants of the said priviledged place, as by the major part of them shall be elected, and such lawes soe made to be as binding to them and every of them the said priviledged persons as other lawes of like nature are to any county wherein they are made; ffor and in consideration of all which, and if the said major Laurence Smith and the aforesaid number of priviledged persons shall on his and their parts duely, constantly and truely performe, keep and doe all and every the articles and propositions and premisses before recited and sett downe, and on his and their part promised to doe and performe, that then be it enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that the said Laurence|| Right of appeal.|
May make by-laws.
|Smith, and the before recyted persons not exceeding the number of two hundred and ffifty in the whole shall have those following freedomes and priviledges and imunityes granted him and them and every of them whome he shall soe settle and seate within the bounds of one mile in length upon the river, and a quarter of a mile backward into the woods as is before recited, (that is to say) ffirst that the said grounds to be priviledged as aforesaid shall continue for length upon the river ffive miles and one halfe mile, that is two miles and one halfe below the fort built upon Rappahanock river in the yeare 1676, and three miles above the said ffort being reduced into a straight line, and backwards into the woods ffower miles, every way distant from such straight line, and that within the said ground, all which he presumes and accompts to be his owne land, noe person or persons to the number of two hundred and ffifty, (aforesaid) whom he shall seate or receive to dwell within the mile on the river, and a quarter of a mile backwards as is before mentioned, shalbe lyable to be arrested for any debt due by judgment, sealed bond, bill, note, booke debt or otherwaies, but shalbe free and acquitt from any arrest or suite of law for any matter or thing whatsoever, (except at the kings majesties suite) for the full space of twelve yeares, to commence and beginne next and imediately after the last day of December next comeing, and that he the said Laurence Smith and every of the priviledged persons as is before recited to the number of two hundred and ffifty in the whole, shall alsoe be, and doe hereby stand free and acquitted for the payment of any tax or levye which shall be laid, or raised either by the publique, county or parish for the full tyme and space of ffifteene yeares, to comence and beginne imediately, and next after the last day of December, next, except only such rates as shalbe made and laid amongst themselves, and that neither he the said Laurence Smith, nor any person by him imployed, settled or seated in the place, and within the bounds of the before recited lands, shall be lyable by law for the payment of any mans debts, that either he or they, or any one of them shall intice, persuade or transport thither. Alwayes provided the number of tythable persons soe settled||Grant to major Laurence Smith & others on Rappahannock river,
below the fort built in 1676.|
(This fort was below the falls. See an. 2p. 327.)
Exemp'd from arrests & taxes for a certain time.
Privileged persons not to exceed 250.
|and priviledged shall not exceed the number of two hundred and fifty; Provided alwayes that this act or any parte thereof shall not be of force to protect and keepe within the said priviledged grounds, any slaves or servants, either served by indenture, custome of the country, judgment of the court or covenant in writing from his or their respective master or masters if any such shall absent themselves from their servitude and gett thither for entertainment and protection, but that such servant or servants as aforesaid soe comeing their shalbe forthwith conveyed and delivered by the said priviledged persons to the next constable without the priviledged grounds in order to be sent to his master as the law in such cases directs and comands. And if any such runaway shalbe deteyned or concealed by any inhabitant within that priviledged place, such person as shall soe entertaine or conceale such runnaway shall incurr and be lyable to the same penalty as other persons are that are convict of entertaining runnawayes. Provided alsoe that if any person being in prison for debt, or being under arrest shall escape to the said priviledged place, that in such case upon notice given thereof such person shalbe secured and delivered in safe custody to the next constable out of the libertyes of the said priviledged ground, to the end he may be conveyed and delivered to the officer from whome he made such escape, any thing in this act to the contrary notwithstanding.|
Not to privilege slaves or servants.
Nor persons escaping from arrests, or execution.
|And forasmuch as captain William Bird, of Henrico county hath made like offer to seate at or neare the head of James river upon like conditions and with like exceptions, provisoes and reservations, that therefore it be enacted by the governour, councell and burgesses of this present grand assembly and the authority thereof, and it is hereby enacted, That like and equall freedome, priviledges and imunities as is before mentioned to be granted to major Laurence Smith in Rappahanock river be alsoe granted, and they are hereby granted to captain William Bird, upon the conditions and performances with the like exceptions and provisoes in James river within the bounds hereafter sett downe (that is to say) begining on the southside James river one mile and halfe below the falls, and soe continuing five miles up the river in a straight lyne, and backwards||Capt. William Bird's proposition.|
The same as maj. Laurence Smith's.
Grant to capt. Wm. Bird, on James river, near the falls.
| one mile into the woods, and on the northside of the said river, begining halfe a mile
before the falls, and thence continueing five miles up the river and two miles backwards into the
woods, all which he accompts and presumes to be his owne lands. And that he the said captain
William Bird stand bound and obleiged, and he doth hereby promise and become bound and obleiged
to seate all the whole number of fifty able men, soe armed and constantly furnished with
suffitient ammunition and provisions, together with such number of other tythable persons, not
exceeding two hundred and ffifty in the whole on both side the said river within the space of
halfe a mile along the river on each side in a straight line, and a quarter of a mile backwards
into the woods. And be it further enacted by this present grand assembly that if any
other person or persons shall be willing to seate themselves in like manner and on like
conditions with like obligations, exceptions and provisoes, at or neare the heads of any other
the greate rivers, or in any place or places remote or backwards from the inhabitants, and soe as
may be judged defencible for this his majesties country against the Indians, that the same be
granted them, whereof by this act they shall be assured for their encouragement to beginne and
proceed in soe good a worke and undertakeing. And be it further enacted by this present grand
assembly and the authority thereof, and it is hereby enacted, that the like priviledges and
imunities on like conditions and with like exceptions be granted to such one or more persons
whosoever shalbe willing to undertake the same on the Easterne shore, at the frontieres thereof
at such place or places as shall be appointed and allowed by the grand assembly, and that the
right honourable the governour be hereby impowred and requested to grant pattents to the said
major Laurence Smith and captain William Bird accordingly, and to give them comissions to be
comanders in cheife within the bounds and lymitts of the respective lands before mentioned and
over the said priviledged persons.
This assembly dissolved.
Privileged persons not to exceed 250.
Other lands on the frontiers may be seated on the same terms;
and on Eastern Shore.
Patents & commissions to issue to Smith & Bird.
|Signed by Sir HENRY CHICHELEY,
MATTHEW KEMP, Speaker.
|WHEREAS diverse complaints have been made to the grand assembly of many greate and greiveous exorbitant fees exacted and taken by severall clerks of county courts to the oppression and wrong of his majesties leige people of this colony, and this assembly haveing taken it into their serious consideration how the same may the best be prevented for the tyme to come, It is hereby ordered that the consideration and redresse of the said complaints stand referred to the next assembly, and to the end that all fees to be demanded or taken by any clerke for the tyme to come, may be assertained by law and knowne to all people resideing in this colony, that the severall clerkes of county courts or some certaine number of them more or lesse doe prepare and fitt a certaine lyst or schedule of fees not yet already assertained by law, and present the same to the honourable assembly for his allowance and approbation, and the same soe assertained by Mr. Secretary, to be presented to the grand assembly in the begining of the next assembly to the end they may be considered of, and as approved of assertained by law to be demanded and taken as just fees, which will prevent all such complaints and greivances for the tyme to come.||Preamb. complaining of the extortion of clks. of
Certain clerks to adjust a fee bill, & report to sec'tary, to be laid before the assembly.
|THERE being a proposition brought to this grand assembly about clearing the rivers neare the heads thereof from loggs and trees for the better and more secureing the passing of sloopes and boates loaden with merchants goods or tobaccoes, that this declaratory order be made thereon; And it is hereby ordered and declared by this present grand assembly that whatsoever county finds it needfull within the bounds and precincts of their respective counties to cleare the rivers from loggs and trees, which may annoy and endanger boates, and sloopes, such counties by vertue of||County courts may provide for clearing rivers from logs trees, &c. which obstruct navigation.|
|* These Orders or Resolutions are to be found in the Northb. MS. only.|
|a by law to be made by themselves may appoint and command the same to be done in such manner, and by wayes as they shall judge most fitt.|
|ORDERED that all claimes from the publique made this present grand assembly stand referred to the next assembly, and what proceedings have been made this present assembly in the committee of claimes be null and voyd, and that all petitions and claimes presented to this assembly be retorned to the burgesses and partyes to whome they belong if they make demand of the same.||Public claimes postponed.|
|ROBERT Liny haveing complained to this grand assembly, that whereas he had cleared a ffishing place in the river against his owne land to his greate cost and charge supposing the right thereof in himselfe by virtue of his pattents, yett neverthelesse severall persons have frequently obstructed him in his just priviledge of ffishing there, and in despight of him came upon his land and hale their sceanes on shore to his greate prejudice, aleadging that the water was the kings majesties, and not by him granted away in any pattent, and therefore equally free to all his majesties subjects to ffish in and hale their sceanes on shore, and praying for releife therein by a declaratory order of this grand assembly; it is ordered and declared by this grand assembly that every mans right by vertue of his pattent extends into the rivers or creekes soe farre as low water marke, and it is a priviledge granted to him in and by his pattent, and that therefore noe person ought to come and ffish there above low water marke or hale their sceanes on shore (without leave first obtained) under the hazard of committing a trespasse, for which he is sueable by law.||Case of Rob't Liny.|
All patents extend to low water mark.
|FORASMUCH as Henry Randolph, late clerke of the assembly was by an act of the grand assembly made at James Citty the 23d day of March, 1662, appointed and made sole notary publique for this colony, in which office and trust he continued untill the year 1673, when he dyed, and forasmuch as Thomas||Henry Randolph & Tho's Ludwell, former sole notaries public, being dead, Robert Beverley appointed.|
|Ludwell, Esq. succeeded the said place and office, who is also dead, and there being at present none other person appointed and impowred to execute the said office, and Robert Beverley clarke of the assembly haveing been offered to this grand assembly and adjudged a fitt person for the said trust, place and office; It is therefore ordered that the said Robert Beverley, clerke of the assembly be appointed, sworne and fully authorized and impowred, and is hereby authorized and impowred to use, exercise and performe the office and place of sole notary publique, for and of this his majesties colony of Virginia. And it is further ordered that for the ease and convenience of the inhabitants of this colony in generall, and all other tradeing hither, he be inabled and impowred, and he is hereby fully enabled and impowred to depute certaine discreet and suffitient persons throughout this colony to offitiate as deputy or deputyes under him, and as such to use and exercise said office and place of notary publique, for which places and withing such lymitts and precincts as he the said Robert Beverley appoint, to whose protestations, attestations and other instruments of publications as alsoe of those persons by him deputed and sworne as aforesaid at home and abroad, wee desire all credience may be given.|
Authorised to appoint deputies.
Credente due to their attestations.
|Pages 407-432||Pages 458-471|