|Volume Map||Pages 28-41|
|"The Laws of a country are necessarily connected with every
longing to the people of it; so that a thorough knowledge of them, and
of their progress, would inform us of everything that was most useful
to be known about them; and one of the greatest imperfections of his-
torians in general, is owing to their ignorance of law,"
Priestley's Lect. on His. Vol. 1. pa. 149.
|WE, Peter V. Daniel, William H. Roane, Robert G. Scott, and William Robertson, members of the executive council of Virginia, do hereby certify that the laws contained in the third volume of HENING's Statutes at large have been by us, examined and compared with a copy as corrected by the certificate of the examiners heretofore appointed, from which they were taken, by Robert G. Scott and William H. Roane, from page 1, to page 226 inclusive, by Robert G. Scott and William Robertson, from page 227 to page 481 inclusive, and by Robert G. Scott and Peter V. Daniel, from page 482 inclusive, to the end, and we have found the pages respectively examined by us, truly and accurately printed except as to the following list of errata, to the number of thirty-two.|
|P. V. DANIEL.|
ROBERT G. SCOTT
W. H. ROANE.
THIRD VOLUME OF THE STATUTES AT LARGE.
| THE second volume terminated with the acts of 1682: this comprises
the laws from that period, both printed and MS, to the year 1710. −− In presenting
this volume to the public, the Editor feels it incumbent on him to offer some apology, for the
various errata which have appeared in this, and the preceding volume.* To
those who have been in the habit of reading old MSS, no apology would be necessary:
−− it would be found in the labour of decyphering characters, so differently formed
from those in use, at the present time; in the obliteration of many of the letters, and the
difficulty of determining whether a character represented one letter or another. −−
Most of the errata noted are merely literals; but even these will not hereafter
appear, the Editor having gone almost entirely thro' the manuscripts.|
In this volume, some very important laws will be found, which had hitherto existed only in MS. The act of 1705, prescribing the various modes of acquiring lands, under the colonial government, and which was in force to the period of the revolution, had been omitten in all our printed revisals. It will be found in this volume.(a) So, the first law authorising the assignment of bonds and obligations, and giving an action against the assignor, which had been omitted, is here inserted.(b) Many other laws, which are important in deducing the history of our Statutes, are comprised in this volume, which will be found in no other printed collection.
|* This remark was applicable to the first edition; in the present edition the errors have been corrected.|
|(a) See pa. 304. (b) See pa. 377.|
|LIST OF GOVERNORS|
OF VIRGINIA, DURING THE PERIOD COMPRISED IN THIS VOLUME.
[From a MS belonging to the United States, and purchased by him from the executor of Richard Bland, decd.]
(CONTINUED FROM VOL.2, PAGE VIII.)
|NICHOLAS SPENCER continued President [from September, 1683,] 'till the 15th of April, 1684, on which day a commission to Francis, lord Howard, dated 28th September, 35, Car. II, (1683) was read.||Nicholas Spencer, President.|
|Lord Howard was not present in the General Court after 22d April, 1687, and then Nathaniel Bacon was president: but lord Howard did not leave the country then, for he signed patents till 20th October, 1688.||Lord Howard, of Effingham.|
|Nathaniel Bacon continued president all April court 1690: and the 16th of October, 1690, Francis Nicholson, esq. Lieut. Governor was present.||Nathaniel Bacon, President|
|Nicholson continued Lieut. Governor till 15th October, 1692, and then he and sir Edmund Andros chief Governor, were both present, all the court. His commission dated 1st March, 4th William & Mary (169²/3.)||Francis Nicholson, Lieut. Governor.|
|Sir Edmund Andros continued till 9th December, 1698, and then Francis Nicholson was chief Governor.||Sir Edmund Andros.|
|Nicholson continued till 15th August, 1705, when Edward Nott, esq. came governor.||Francis Nicholson, Gov.|
|Nott continued till August, 1706, and died; and Edmund Jennings, esq. was President.||Edward Nott.|
|Jennings continued president, till 23d June, 1710, and then Alexander Spotswood, esq. came in Lieut. Governor.||Edmund Jennings, President.|
|BEGUN AT JAMES CITTY
THE SIXTEENTH DAY OF APRILL, IN THE SIX AND
THIRTIETH YEARE OF THE RAIGN OF OUR SOVE-
RAIGN LORD CHARLES THE SECOND, BY THE
GRACE OF GOD OF ENGLAND, SCOTLAND,
FRANCE AND IRELAND, KING, DEFEN-
DER OF THE FAITH, &c. AND IN
THE YEARE OF OUR LORD
GOD, ONE THOUSAND
|Lord Howard of Effingham, governor.|
|An act for altering the time of houlding Generall courts.||Edit. 1733 and 1752.|
|FOR as much as by experience, it is found very grievous and burthensome to the inhabitants of this country, that the two generall courts held for this country, in the months of September and November, are||Preamble.|
|The preceding volume terminated with Purvis's printed collection of the laws of Virginia. −− This volume commences with the laws which have been preserved in MS. and which were passed after the period embraced by Purvis. −− Except Purvis, & Beverley's abridgment, the laws of Virginia existed entirely in MS. till the revisal of 1733. −− Three MSS will be used in this volume, the Northumberland MS. designated 'Northb MS.' the Charles City MS. designated 'Ch. Cit. MS.' and the Peyton Randolph MS. designated P. Rnd. MS. The first was presented to the editor by the court of Northumberland county; for the two latter, he is indebted to the kindness of Thomas Jefferson, esqr. late President of the U. States. −− In referring to the revivals of 1733, 1752 and 1769, where the title only is given: these editions will be noted opposite the title in this volume, where the act at large is inserted in either of these revisals, a similar reference will be made opposite the comment of the act.|
|* 'GRAND' in Northb. MS.|
|the one too early before tobacco comes in demand and ships arrivall into this country. And November court held in the depth of winter, and soe immediately following the other, as the suiters can scarce returne home before they are exposed, to the danger and charge of returning againe, to their great hazard and detriment, which might be prevented if the generall courts were appointed to be held but twice in one yeare, viz: The first generall court, according to a former act, made the fifth day of June, one thousand six hundred sixty six, to begin the fifteenth day of April, and to hold eighteen dayes; and the second generall court to begin the fifteenth day of October, and to continue eighteen dayes and noe longer.||Terms of the general court altered.|
|Bee it therefore enacted by the Governour, Councill and Burgesses of this generall assembly, and by the authority thereof, and it is hereby enacted and declared, That the first generall court in each yeare begin upon the fifteenth day of Aprill, if the same happen not upon a Sunday, and be held and continued eighteen dayes, not accounting Sundayes in the number; and the other generall court to begin upon the fifteenth day of October, if the same happen not to be on Sunday, and then on the day following, and to be held and continued eighteen dayes, not including Sundayes in the said number and noe longer, and that all and every act and acts constituteing the generall courts at any other time or times, be, and are from henceforth utterly (a) repealed and made voyd to all intents and purposes. Any law, custome or usage to the contrary thereof in any wise notwithstanding.|
Two terms in a year.
Commencement and duration.
|An act for the better preservation of the Peace of Virginia, and preventing unlawfull and treasonable associations.||Edit 1752.|
|WHEREAS many evill and ill-disposed persons inhabitants of this his majesties collony and dominion of Virginia, contrary to their duty and allegiance,||Edit. 1733.|
Preamble, reciting an unlawful combination
|* The running title to the acts of this session, in the editions of 1733 and 1752 is, 'Anno tricessimo sexto Caroli secundi regis.'|
|(a) The word 'utterly,' omitted in Ch. Cit. and P. Rand. MSS.|
|on or about the first of May, in the thirty-fourth yeare of his majesties raigne, and divers other dayes, and times tumultuously and mutinously assembled and gathered together to cut up and destroy all tobacco plants, and to perpetuate the same in a trayterous and rebellious manner, with force and armes entered the plantations of many his majesties good subjects of this his collony, resolving by open force, a generall and totall destruction of all tobacco plants within this his majesties dominion, to the hazarding the subvertion of the whole government, and ruine and destruction of his majesties good subjects, if by Gods assistance, and the prudent care and conduct of the then lieutenant governour and councill, the mutineires had not been timely prevented, for which treasons and rebellions against his majesty and this his (b) government, some notorious actors have been indicted, convicted, and some of them executed, and suffered such paines and punishments as for their treasons and rebellions they justly deserved. Now to the end and purpose, that none of his majesties subjects may be at any time hereafter seduced by the specious pretenses of any persons, that such tumultuous and mutinous assemblyes, to cut up or destroy tobacco plants or any other the crop or labours of the inhabitants of the said collony, are but riotts and trespasses; and to the end, his majesties subjects of this his dominion, may be the better secured in their estates and possessions. The burgesses of this present generall assembly pray that it may be enacted, And bee it enacted by the governour, councill and burgesses of this assembly, That if any person or persons whatsoever, to the number of eight or above, being assembled together, shall at any time after the first day of June now ensuing, intend, goe about practice or put in use with force, unlawfully to cut, pull up or destroy any tobacco plants, either in bedds or hills, growing within the said collony, or to destroy the same, either cureing or cured, either before the same is in hogsheads or afterwards, or to pull downe, burne or destroy the houses or other places||to cut up and destroy all tobacco plants.|
This has reference to the plant cutting mention'd among the historical documents at the end of the preceding volume, p. 562.
If any persons to the number of 8, or more, after the first of June, 1684, assemble together forcibly to destroy tobac. or plants, or houses.
|(b) 'The,' in Northb. MS. 'this his' in Ch. Cit. and P. Rand. MSS. and edit 1733.|
|where any such tobacco shall be, or to pull downe the fences or enclosures of any tobacco plants, with intent to cut up or destroy the same, (and such person or persons being commanded or required in his majesties name by the governour or other commander in chief, or any one of the councell, or one or more of the justices of the peace of the said collony, commanding and requireing such persons to disperse themselves, and peaceably to depart to their habitations) shall continue together by the space of four houres after such proclamation made, at or nigh the place where such persons shall be soe assembled; that then every such persons soe willingly assembled, in forceable manner, to doe any of the acts before mentioned (a) and soe continuing together as aforesaid, and being thereof lawfully convicted, shall be deemed, declared and adjudged to be traytors, and shall suffer paines of death, and alsoe loose and forfeite as in cases of high treason. Provided always, that noe person or persons whatsoever shall incurr the pains and penalties hereby inflicted, unlesse he or they be prosecuted and indicted thereupon, within twelve months after the offence committed, Any thing herein contained to the contrary notwithstanding.|
and not disperse within 4 hours after proclamation,
Proviso, that the prosecution be within 12 months.
|An act repealing the act, concerning the pursuit of runawayes.||Edit. 1733 and 1752.|
|WHEREAS the eighth act of assembly, made at James City the tenth day of September, one thousand six hundred sixty-three, intituled, an act concerning the pursuit of runawayes, is by experience found, very inconvenient; Bee it therefore enacted by the governour, councill and burgesses of this general assembly, and it is hereby enacted, That the said act and every clause, and article therein contained be, and is here repealed, to all intents and purposes, whatever.||Act 8, of September, 1663, repealed.|
|(a) 'Aforementioned' in Ch. Cit. and P. Rand. MSS. and edit. 1733.|
|An act for the better supply of the country with armes and ammunition.||Edi. 1733 and 1752.|
|FOR the encouragement of the inhabitants of this his majesties collony and dominion of Virginia, to provide themselves with armes and ammunition, for the defence of this his majesties country, and that they may appear well and compleately furnished when commanded to masters and other the king's service, which many persons have hitherto delayed to do, for that their arms have been imprest and taken from them. −− Be it (a) enacted by the governour, councill and burgesses of this present general assembly, and the authority thereof, and it is hereby enacted, That all such swords, musketts, (b) pistolls, carbines, guns, and other armes and furniture, as the inhabitants of this country are already provided, or shall provide and furnish themselves with, for their necessary use and service, shall from henceforth be free and exempted from being imprest or taken from him or them, that already are provided or shall so provide or furnish himselfe, neither shall the same be lyable to be taken by any distresse, seizure, attachment or execution, Any law, usage or custom to the contrary thereof notwithstanding.|| Encouragement to provide arms and
Arms and ammunition exempted from impressment, distress or execution.
|And be it further enacted, That between this and the five and twentieth day of March, which shall be in the yeare of our Lord one thousand six hundred eighty six, every trooper of the respective counties of this country, shall furnish and supply himself with a good able horse, saddle, and all arms and (c) furniture, fitt and compleat for a trooper, and that every foot soldier, shall furnish and supply himselfe, with a sword, musquet and other furniture fitt for a soldier, and that each trooper and foot souldier, be provided with two pounds of powder, and eight pounds of shott, and shall continually||What arms, &c. the militia to supply themselves with.|
|(a) The word 'therefore' after 'it' in Ch. Cit. and P. Rand. MSS.|
|(b) The word 'musketts' omitted in Northb. MS. but inserted in Ch. Cit. and P. Rand. MSS.|
|(c) The words 'all arms and' omitted in Northb. MS. but inserted in Ch. Cit. and P. Rand. MS.|
|keep their armes well fixt, cleane and fitt for the king's service.|
|And be it further enacted, That every trooper, failing to supply himselfe within the time aforesaid, with such arms and furniture and not afterwards keeping the same well fixt, shall forfeite four hundred pounds of tobacco, to his majesty, for the use of the county in which the (a) delinquent shall live, towards the provideing of colours, drums and trumpetts therein, and every foot souldier soe failing to provide himselfe, within the time aforesaid, and not keeping the same well fixt, shall forfeit two hundred pounds of tobacco to his majesty. for the use aforesaid, and that all the militia offices of this country, take care to see the execution and due observation of this act, in their several and respective regiments, troops and companies.||Penalty for failure.|
|And be it further enacted by the authority aforesaid, That every collonell of a regiment within this country, shall once every yeare, upon the first Thursday in October, yearly, cause a generall muster, and exercise of the regiment under his command, or oftner if occasion shall require.||Musters, when to be.|
|And that every captain or commander of any troop of horse or foot company, within this country, shall once at the least in every three months, muster, traine and exercise, the troop or company under his command, to the end, they may be the better fitted and enabled, for his majesties and the countryes service, when they shall be commanded thereunto.|
|An act repealing the forty-second and forty-third act of the printed laws* and for building prisons in each county, and for ascertaining rules to each prison.||Edi. 1733 and 1752.|
|BEE it enacted by the governour, councell and burgesses of this present generall assembly, and by the authority of the same, That the forty-second act of the||Acts 42 & 43, of the printed laws, (vol. 2, p. 76 77,) repealed.|
|(a) 'Such' in Ch. Cit. and P. Rand. MS.|
| * It is not probable that Purvis's
collection was printed at this time. Had it been the case, there would have been some reference
more distinct, than merely to the printed laws. This furnishes|
[This note concludes on the next page.]
|printed laws, intituled, prisons to be built in each county, And the forty-third act of the said printed laws, intituled, dwellers within the rules of any prison, not to have the benefit thereof, bee and shall be repealed, and the same and every clause and article therein, and in each of them contained, is and are hereby repealed and made null and voyd to all intents and purposes whatsoever And be it further enacted, That a good strong and substantiall prison, after the forme of Virginia houseing be built, and continued in each county sometime before the first of January next, by the justices of the peace in their sessions, and at the charge of each county, under penalty of being fined five thousand pounds of tobacco, and of being answereable for any escape which shall be made for want of such sufficient prison. And bee it further enacted, that the justices of the peace in each county be, and are hereby empowered, sometime before the said first of January to appoint, sett and lay out a certaine space distance or parcell of land adjoyning or circumjacent to each prison, not exceeding eighty poles square to be a place of liberty and priviledge for each prisoner (a) (not committed for treason or fellony) giving bond with good security to the sherriff of the county for his true imprisonment, to walke and abide in for their health and refreshment, within which compasse, soe long as such prisoner (not committed for treason or fellony) shall remaine and continue; he shall not be adjudged to have made an escape, Any law, usage or custome to the contrary thereof notwithstanding. And for the better notifieing and makeing known the bounds of the rules, or places of liberty or priviledges to each prison belonging, Bee it further enacted, That the justices of each county doe sometime before the first of January next aforesaid, goe round the bounds of such rules and places of liberty and priviledges, and by some means mark out, notifie and describe the said bounds, and the same bounds soe notified and described, to enter into|
Prisons to be built in each county, after the form of Virginia houses.
Justices failing to be fin'd and liable for escapes.
Prison rules or bounds to be laid out.
Privilege of prisoners, not committed for treason or felony.
Bond to be given.
Bounds to be marked out & recorded.
|[This note began on the previous page and concludes
additional evidence that the revisal of 1661-2 was printed long before Purvis, and is the collection so often referred to, by the 'printed laws,' See note to vol 2. pa. 164, 165.
|(a) 'Prison' in Ch. Cit. and P. Rand, MSS.|
|and amongst the records of the county court. Provided alwayes neverthelesse, that all counties where such prisons are already built and standing shall be excused from building others. Any thing herein contained to the contrary notwithstanding.||Where prisons already built, counties excused from build'g others.|
|An act to repeale the act giving encouragement for Linnen and Woolen manufacturies.||Edi. 1733 and 1752.|
|FOR as much as by an act, entituled, an act for encouragement of the manufacture of linnen and woolen cloth, there are certaine encouragements allowed and payable to such person and persons, as shall by due proof made according to the prescriptions and method in the said law, justly intituled to the reward therein mentioned, which said encouragements, in such manner payable, are found to be rather a charge and inconvenience, then any benefitt to the publique; the charge thereby accumulated likely to be great, and the effect a transposition of tobacco. through officers hands, and much thereof thereby exhausted; and the persons themselves to whome the encouragements are thereby due, desiring to relinquish all their claimes; and the same being soe represented to this assembly, finding sufficient encouragement by the benefitt received of their labours to promote and propagate soe beneficiall manufactures; Bee it enacted by the governour, councell and burgesses of this present generall assembly and it is enacted by the authority aforesaid, That the act aforesaid, with all incouragements therein allowed with all fines and penalties therein mentioned, and every clause, article and thing therein contained, giving any allowance for such lynnen and woollen manufactures and other encouragements whatsoever therein allowed, and every penalty thereby imposed, are, and shall be hereby utterly repealed and made null and voyd to all intents and purposes, The said act, or any other act or acts to the contrary thereof in any case notwithstanding.||Act giv'g premiums for linen and woolen cloths repealed. (See vol. 2, p. 503.)|
|An Act for the better defence of the Country.||Edi. 1733 and 1752.|
|FOR the better safeguard and defence of the country then by any former act or law hath been hitherto provided, Bee it enacted by the governour, councell and burgesses of this present generall assembly, and by the authority thereof, and it is hereby enacted, That one act of assembly made at James Citty the 25th of Aprill, 1679, intituled, an act for the defence of the country against the incurtions of the Indians, and one other act made at James Citty aforesaid, the 8th day of June, 1680, intituled, an act for the continuation of the severall fortifications and garrisons at the heads of the four great rivers, and one other act made at James Citty aforesaid, the 10th day of November, 1682, intituled, an act disbanding the present souldiers in garrison in the forts of the severall rivers, as alsoe, for the raiseing of other forces in their stead, and every of them, and every clause, article and provisoe in them, each and either of them, bee, and are hereby repealed and made null and voyd to all intents and purposes whatsoever, as if the said acts had never been made. And for the forming of a standing force for the more sure and safe guarding the frontiers, and preventing the murthers, depredations, incurtions and spoiles by the Indians, Bee it enacted by the authority aforesaid, and it is hereby enacted, That four troops of horsemen (each troop to contain thirty able men) be raised for the purposes aforesaid, every way well horsed and armed: viz. Every man to have a good able horse for service, a case of pistolls, a carbine, sword and all other urniture fusuall [furniture usual] and necessary for horse souldiers or troopers, one of the four troops to be raised on the upper parts of the James river, one troop thereof on the upper parts of the York river, one troop thereof on the upper parts of the Rappahannock river, and the other troop on the upper parts of the Potomack river out of such as shall voluntarily offer themselves in each river for that service; but in case the full number of thirty men compleatly mounted, armed and provided as aforesaid, cannot be raised by such as shall voluntarily offer themselves for that service, that then his excellency||Certain enumerated acts for defence of the country repealed;
and a regular army provided.
4 troups of volunteer cavalry to be raised.
Where to be raised.
If a sufficient number of volunteers, do not offer, the deficiency to be drafted.
|the governour, and in his absence, the commander in chief for the time being, is desired (upon applycation to him made by the captain or chiefe commander of each troop) to issue forth his warrant for the raiseing soe many men (armed and appointed as aforesaid) as shall be wanting to compleat the number of thirty men by this act appointed.|
|And be it enacted, That the chief officers of the militia for the upper counties, on the aforesaid rivers, out of the thirty men raised or to be raised as aforesaid, may present to his excellency the fittest and most able person to command under the captain (occasioned by sicknesse or otherwise) is to command, lead, train and exercise the troope.||Officers to nominate those under degree of captain.|
|And be it enacted, That the pay of each captain finding himselfe provision, ammunition, horse, armes and all other necessaries for one whole yeare, shall be ten thousand pounds of tobacco and cask, and so after that rate for a longer or shorter time, and the pay for the leiutenant for one whole yeare, finding himselfe horse, armes, ammunition, provision and all other necessaries, shall be five thousand pounds of tobacco and caske, and soe after that rate for a longer or shorter time, and the pay for every private souldier mounted, armed and provided as aforesaid, shall be three thousand pounds of tobacco and cask for one whole yeare, and soe after that rate for a longer or shorter time, all which summes shall be paid by the country.||Pay of officers and privates.|
|And bee it further enacted, That each captain of the troops (to be appointed or commissionated by the governour) or in his absence the leiutenant shall once every month, at the least, muster, traine, exercise, instruct and discipline the troope under his command, on paine or forfeiture of being abated out of his pay for every time he shall omit the same, the summe of one thousand pounds of tobacco, unlesse occationed by sicknesse. And further, that every captain, or in his absence the leiutenant, shall once every weeke (and oftener if occasion shall require) range and scout about the heads of the rivers, for which they serve (that is to say) the forces appointed for the head of Potomack doe scout and range from the head of Potomack aforesaid, above the frontier plantations, to the head of Rappahannock||Troops to be muster'd every month.|
Penalty for neglect.
To range and scout every week.
At what places.
|river; and the forces appointed for the head of Rappahannock to range from the head of Rappahannock (a) above the frontiere plantations to the north side of Mattapany river; the forces appointed for the heads of York river, to range from the south side of Mattapany river (b) above the frontiere plantations, to Chiccahominie swamp; and the forces for the heads of James river doe range from Chiccahominie swamp, above the frontiere plantations, to the heads of Apomatack river, and in such other places as shall be most likely for the discovery of the enemy, and further observe such rules, commands and directions as from time to time, he or they shall receive from the governour, or in his absence from the chiefe commander, or other theire superior officers, under paine of looseing or being abated out of his pay for every time he shall omitt such scouting and ranging, one thousand pounds of tobacco for their disobedience, contempt or neglect, and that every souldier that shall neglect to appeare at any muster well mounted and prepared as aforesaid, shall forfeite for each time he shall soe neglect the same, the suume of (c) one hundred pounds of tobacco to be abated out of his pay, and for every time he shall fayle to arrange or scout, two hundred pounds of tobacco to be abated out of his pay, the one halfe of all and every which forfeitures shall be paid by the country to him or them that will informe and make due proofe thereof, before the collonel or chiefe officer of the militia next adjoyning, such informer produceing a certifficate from the collonell or chiefe officer of haveing made such proofe, which certifficate the said collonell or chiefe officer is hereby required and authorized to give. And be it further enacted, that upon discovery, notice or advice of the approach or attempt of an enemy, the said captain or leiutenant of the troope is hereby required to give speedy advice thereof to the governour, and in his absence to the commander in|| Penalty for neglect. |
Duty of offi'rs on approach of the enemy.
|(a) The words 'to range from the head of Rappannock' omitted in Northb. MS. but inserted in Ch. City MS.|
|(b) The word 'river' omitted in Ch. City MS. but inserted in Northumberland MS.|
|(c) The words 'the sume of,' omitted in Ch. City MS. but inserted in Northumberland MS.|
|chiefe for the time being, and in the mean time to attend the motion of the enemie, only unless the enemie dureing that time shall first committ some act of hostility, either in burning or in forcible entering into our houses, or by killing, maiming or carrying away any of the inhabitants, and then in such case to engage and destroy them, if he see cause, and in all things to observe and execute such orders and commands, as he shall from time to time receive from the governour, or in his absence from the commander in chiefe for the time being. And that for the better manageing and ordering their horses and makeing them fitt for service, noe souldier presume to use or bring to service any other horse than that which shall be first mustered and approved of, of which the captain is to take such perticuler notice, that he may know the same horse againe. Except where such horse as first past muster, be, by some accident or disease, made unfitt for service, in which case such souldier, shall provide himselfe of another able horse, in his stead, which he is likewise not to part with, unless for his first horse again. And to the end that the said troopes may att all times be the more speedily got together the captain of each troop is to take especiall care that his troop be quartered, neare the frontieres and heads of each river, and as near together as possible they may. And for encouragement of officers and souldiers in each troop. Bee it enacted, that in case any souldier shall loose his horse or armes, or any part thereof, in any actual engagement against the enemie, he shall be allowed the vallue thereof by the country, he makeing proofe of the reall vallue before the county court next adjoining. And farther, that each such souldier dureing the time of his service, be exempted and excused from the payment of publique levies.|
Horses not to be exchanged, except in cases of accident.
Troops to be quartered near the frontiers.
Horses lost in actual service to be paid for.
|And bee it further enacted, That upon the approach or first discovery of an enemie the officers of the militia next adjoyning, shall imediately put the militia under their comand, in a posture of defence and readinesse, for such service as shall be commanded them by the governour as the emergencys shall require, which said auxillaries (if at any time of imminent danger they are drawne out for the aiding or reinforcing of the troopes of thirty men by this act provided) and||Militia, when to be called out.|
|shall continue in such service above (a) the space of six dayes, (which six dayes they shall serve at their owne charge) That then and in such cases, each person if a horseman, well mounted, armed and furnished, and finding himselfe ammunition and provision as aforesaid, shall have the like allowance, for such further time he shall serve as a trooper or horseman, hereby this act appointed have for the like time, and every foot souldier well armed, and finding himselfe armes, ammunition and provision after the rate of two thousand pounds of tobacco and cask per annum.||Pay of militia continued in service over 6 days.|
|And for the more easy and expeditious performing of any services hereby injoyned, or to be injoyned to the officers and souldiers aforesaid, Bee it enacted, that there be deposited into the hands of collonell George Mason, collonell John West, collonel John ffarrar and captain George Taylor, the summe of twelve hundred pounds of tobacco each. To the end the said collonell Mason, collonel West, collonell ffarrar and captain George Taylor, shall each of them buy (b) build or provide an able boate for the transporting the souldiers and horses over the severall rivers and places hereafter mentioned, vizt: One boat for James river to be placed and kept at such places as the chief officers of the militia for the county of Henrico shall appoint, one other boate to be placed and kept at such place on Pamonkey river as the chiefe officers for the militia, for the county of New-Kent shall appoint, and one other boate to be kept at such place on Ocquan (c) river as the chiefe officers of the militia for the county of Stafford shall appoint, and one other boate to be kept at such place on Rappahannock river, as the chiefe officers of the militia for the county of Rappahannock shall appoint.|| Boats to be provided by certain persons.
|Provided alwayes, and it is the true intent and meaning of this act, that the twenty troopers by the former act appointed, and at present in service at the heads of each river, shall continue and be in pay, and be paid as formerly, untill such time as the troopers||Troops raised by a former act to be continued in service.|
|(a) The word 'above' omitted in North. MS. but inserted in Ch. City MS.|
|(b) The word 'buy' omitted in Northb. MS. but inserted in Ch. City MS.|
|(c) This world is spelt 'Ocquan' in all the MSS.|
|by this act appointed to be raised, be fully formed and compleated; and Provided alsoe, that such and soe many of the said twenty troopers, now in service, as shall be willing (and against whome there is noe just exceptions) to be lysted in the new troopes, by this act to be raised, shall be lysted, preferred and accepted of before any other as part of such troop and troops, and to be paid rateably, according to the allowance in and by this act specified||and to be preferred in new enlistment.|
|And be it further enacted, That upon the incursion, invasion or inroad of any Indian enemie, into either of the counties of Accomack or Northampton, or into any other county or counties in this country, it shall and may be lawfull to and for the militia officers or both; or either, or any of the said counties (as the emergency or occasion shall require) to put the souldiers under their command, into a posture of war and defence for the safeguard of the counties, and if they shall happen to continue in such service, above the space if six dayes (which six dayes they shall serve at their owne charge) that then, and in such case, each person (if a horseman, well mounted, armed and furnished, and finding himselfe ammunition and provision as aforesaid, shall have the like allowances for such further time as he shall serve as a trooper or horseman by this act appointed, shall have for the like time, and every foot souldier, shall have for the like time, and every foot souldier, well armed, and finding himselfe armes, ammunition and provision as aforesaid, after the rate of two thousand pounds of tobacco and caske pre annum as aforesaid. This act to continue in force three eares and noe longer.|| Militia officers in Accomack and Northb. to
provide for security of those counties. |
Pay of militia over 6 days.
|And bee it further enacted by the authoritie aforesaid, That if it shall happen that any of the souldiers by this act appointed shall be wounded, maimed or disabled in his majesties and the countryes service, that then the person or persons soe wounded, shall be carefully provided for, and his cure endeavoured at the charge of the country, and the person or persons continueing maimed or disabled, shall have an annuall pension from the country for and towards his or their maintenance.||Pensions allowed wounded soldiers.|
An act for lessening the levies by poll. and laying an imposition upon Liquors.
|Edi. 1733 and 1752.|
|FOR the abateing and takeing of the greateness of the leavies and taxes laid by the poll on the inhabitant [inhabitants] of this his majesties dominion of Virginia as formerly for building a Courthouse and place of judicature for the sitting of the generall assembly, and to and for such other uses, intents and purposes as shall hereafter be appointed by the governour, councell, and burgesses of the generall assembly, and to noe other use, intent or purpose whatsoever, Bee it enacted by the governour, councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, that for every gallon of wine of all sorts whatsoever, brandy, rum or any other spirits imported into this collony (except what shall come directly from England) from and after the twenty-ninth day of September now next ensueing, there shall be paid, or well and sufficiently secured to his majesty, his heires and successors for the defraying of the publique charge and expences of this his majesties dominion, by the owner or importer thereof, before the same and any part thereof be exposed to sale, the summe of three pence upon every gallon, of all or any the said liquors. And for the better and more true collecting the said duty or imposition. Bee it enacted, that all masters of any ship, barque or vessell, shall at his or their first arrivall, or before he breake bulk, or sell or dispose of any of the wine, brandy, rum, or other spirits by him imported, make entry with the collector or collectors, by this act, for that purpose to be appointed, of all such wine, brandy, rum and spirits as shall be on board his shipp or vessell, or by him imported, and pay the duty, or secure the same, as aforesaid, on paine of forfeiting his ship or vessell, with all her gunns, tackle, ammunition, furniture and apparell; the one third part thereof to his majestie for the publique use of the country, one third part thereof to the governour, and the other third part thereof to him or them that will informe, to be recovered by action of||Duty of three pence a gallon imposed on wine, brandy, rum &
spirits imported. |
Masters of vessels to report to collectors.
Penalty, forfeiture of vessel and furniture.
|debt, bill, plaint, or information in any court of judicature of this country, in which noe essoigne or wager of law shall be allowed.|
|And bee it further enacted, That the governour for the time being, with the advice of the councill, shall be, and hereby is empowered, from time to time, and at all times to order, direct and appoint such, and soe many collectors and other officers, as allsoe such wayes, methods, courses and orders for the collecting of the said duty as to them shall seem best. Provided that this act shall not extend to charge any the inhabitants of this dominion, tradeing and importing any the liquors aforesaid, that doe bona fide properly and solely belong to them, into this country in their owne shipps and vessells, built in, or properly belonging to Virginia, with the imposition aforesaid, but that they are, and shall be exempted and free of the said imposition, or any claim or demand for the same. And for prevention of frauds that may be used in colouring and concealing of wine, rum, brandy and other liquors in this act mentioned, imported in vessells belonging to Virginia, upon pretence the same doth belong to the inhabitants, proprietors and owners of this country, Bee it enacted by the authority aforesaid, That every person and persons to whome any of the wine, rum, brandy, or any of the liquors in this act mentioned shall be consigned, or who shall receive the same, shall upon his or their oath (if thereunto required) before the collector, truely declare the quantity of any the said liquors imported, or any part thereof that doth bona fide, really and solely belong to him or them. Provided alsoe, that all and every summe and summes of mony raised, or to be raised, by vertue of the imposition aforesaid be constantly accompted for by the collector thereof to the auditor of Virginia for the time being, and by him to the governour, councell and burgesses of the generall assembly, and converted to the meaning of this act, and to or for noe other use, intent and purpose whatsoever. This act to continue in force for three yeares from the twenty ninth day of September aforesaid, and noe longer.||Gov'r & council to appoint the collectors. |
Not to extend to inhabitants import'g their own liquors, in their own vessels.
Report to be made on oath.
Collectors to account to auditors of Virginia.
|An act for the Publique Leavie.||Edi. 1733 and 1752.|
|BEE it enacted by the Governour, Councell and Burgesses of this present generall assembly, and the authority thereof, That the summe of forty and seaven pounds of tobacco be paid by every tythable person within this his majesties collony and dominion of Virginia for the defraying and payment of the publique charge of the country, being the publique leavy for this present yeare, and that it be paid by the collectors of the severall counties, to the severall persons to whome it is proportioned by this present generall assembly; and if it shall happen that there shall be more tithables in any county than the present leavy is layd on, then such county to have creditt for soe much to the ease of the county, and if there shall happen to be lesse, then such county shall beare the losse.||Taxes for the year 1684|
| The signature of governor and speaker|
from note to edit. of 1733 and 1752.
|THO. MILNER, Cl. Assembly.|
|May the 16th, 1684.|
|* This account raised against the county of Northumberland, for its proportion of the levies or taxes, and the apportionment of them among the several creditors, is to be found only in the Northumb. MS. and is conclusive proof that the laws were furnished in MS. to that county, at the date of their passage.|
|BY THE HOUSES OF BURGESSES|
Upon reading a Report from the Committee of a Propositions and Greivances, viz:
| RESOLVED, That it is the undoubted right of every
person who holds lands, tenements or hereditaments for his owne life, for the life of his wife,
or for the life of any other person or persons to vote in Election of Burgesses for the county
where such lands, tenements, &c. doe lye.
|Persons holding lands for life of themselves, wives, or others, entitled to vote for burgesses in the county where the lands lie.|
|THO MILNER, Cl. Assembly.|
APRILL THE 26th, 1684.
His Excellency, amongst other things was thus addrest by the House of Burgesses:
|AND whereas the inhabitants of Northumberland county, and other the inhabitants of Potomack neck, within this his majesties dominion, have taken up divers tracts of land, and have been at great charge to seate, save and defend the same, and have possessed the same, made their applycation at divers times, according to the usuall custome in such cases used by the rest of the inhabitants of this dominion for the obteigning pattents for the said land, and yett have not obteined any, whereby the said lands might be secured to them the said inhabitants, their heires and assignes. The house of burgesses therefore in behalfe of the said inhabitants of Northumberland county, and the other aforementioned, doe humbly pray your excellency that they may have their severall parcells of land by them taken up, seated, held and possessed as aforesaid, and what lands shall be by them, or any of them hereafter taken up, grant and confirmed to them and their posteritie by pattent under the same conditions as his most sacred majesties subjects of the other parts of this his dominion doe enjoy their lands from his majestie.||Memorial of the inhabit'ts of the Northern Neck to the governor,
praying that they may have their lands secured to them by patent, as the rest of the inhabitants
The evils here comp'nd of arose from the grant to lord Culpeper; concerning which, see 'Historical Documents' at the end of this & the preceding volume.
|To which his excellency was pleased to returne this answer Aprill the 29th.|
|Whereas it is presented as a grievance to the Northerne neck that they are under uncertaine conditions as to their lands, pattents not issueing to them as to other inhabitants of this dominion. His majestie out of his great goodnesse, grace and favour, has bin pleased to take the same under his royall consideration, in which I doe dayly expect to receive from England, and by the arrivall of the next ship, doe hope, shall receive such directions as may assure the inhabitants of the Northerne neck, that their lands will be confirmed unto them under the same tenures as the rest of his majesties subjects of this collony hold their lands, therefore, cannot take this to be a suitable time to make any representation of it to his majestie, least we should seem to anticipate the intentions of his majesties goodnesse to us, but in case matters should soe intervene, that this concerne between this and the meeting of the next generall assembly bee not commoded, myselfe and the councill will then readily joyne with the house of burgesses in a fitt representation of the same to his majestie.||The governors answer.|
|THO. MILNER, Cl. Assembly.|
|Volume Map||Pages 28-41|