|Pages 5-27||Pages 42-53|
BEGUN AT JAMES CITTY
|THE FIRST DAY OF OCTOBER, 1685, AND IN THE FIRST
YEARE OF THE RAIGNE OF OUR SOVERAIGN LORD
KING JAMES THE SECOND, OF ENGLAND, SCOT-
LAND, FRANCE & IRELAND, DEFENDER
OF THE FAITH, &c AND THENCE
PROROGUED BY SEVERALL PRO-
ROGATIONS TO THE 20TH
DAY OF OCTOBER,
These following acts and lawes were made, viz:
An additionall Act about runawayes.
|Lord Effingham gov'nor.|
|BEE it enacted by the governour, councell and burgesses of this generall assembly, and the authority thereof, and it is hereby enacted, That the 1st act of assembly made at James Citty the 3d of October, 1670, entituled an act concerning runawayes be continued and confirmed with these following alterations and||Edi. 1733 and 1752.|
Act 1, of Oct. 1670, contin'd with amendments.
|* The commencement of the acts of this session precisely agrees in all the MSS. of this period. −− In the editions of 1733 and 1752, it is, 'At a General Assembly, begun at James City, (a) the first day of October, in the first year of the reign of our sovereign lord James II. by the grace of God, of England, Scotland, France and Ireland, king, defender of the faith, &c. and prorogued to the second day of November following, and thence continued by several prorogations, to the twentieth day of October, 1686.'|
|(a) The assembly met at this time, and being the same day prorogued to the 2d day of November following, William Kendal was chosen speaker; and after sitting some time, several bills were prepared and offered to the governor, but none passed.|
|[Note to Edi. 1733 & 1752.]|
|amendments. That every certificate for takeing up any one or more servant or servants runaway from his or her master or mistress before the same be admitted into the assembly for allowance shall make mention of their (a) master or mistriss, their proper name and sir name, the county where they dwell, time of takeing up the said servant and distance of place where taken up from the dwelling plantation of such servants master or mistriss, together with the proper name and sir name of such servant, and at the same sessions of assembly when such certificate shall be allowed, the like sum be assest upon the master or mistriss of such runaway servant or servants for which he or she shall be reimbursed by the service of such delinquent servant, according as by the aforesaid act is provided for reimbursement of the publique; and that all such certificates come proved from the county courts, as all other claimes are enjoyned to be brought to the assembly for allowance.||Certificates for apprehending runaways, what to specify.
Expences reimbursed by servants.
|An Act declaring Maryland and North Carolina debts pleadable.||Edi. 1733 and 1752.|
| BEE it enacted by the governour, councell and burgesses of this
generall assembly, and the authoritie thereof, and it is hereby enacted, That all debts
contracted, or to be contracted in Maryland or North Carolina are, and shall be recoverable in
Virginia in equall manner and by the same lawfull wayes and meanes, as though the same were or
had been contracted in Virginia, Any law, statute or usage heretofore to the contrary
||Debts contracted in Maryl'd or N. Carolina recoverable in
See ante volume 1, pa. 189, foreign debts not recoverable, unless contracted for goods imported.
|* The running title to the acts of this session, in edition 1733 is, 'Anuo secundo Jacobi secundi regis.'|
|(a) 'The' Ch. City MS. 'their' in Northb. MS.|
|An act reviveing the act entituled, and [an] act for the advancement of manufacures of the growth of this country, &c.||Edi. 1733 and 1752.|
|BEE it enacted by the governour, councell and burgesses of this general assembly, and the authoritie thereof, and it is hereby enacted, That the 12th act of assembly made at James Citty the 10th day of November, 1682, entituled an act for the advancement of manufactures of the growth of this country, and for the better and more speedy payment of debts and levies be revived, and that the same doe continue in force three yeares from the end of this session, and after that to the end of the next session of assembly.||Act 12, of November, 1682, for encouragement of manufactures, revived.|
|An act repealing the 17th act of assembly, made the 8th day of June 1680.||Edi. 1733 and 1752.|
|BEE it enacted by the Governour, councill and Burgesses of this generall assembly, and the authoritie thereof, and it is hereby enacted, That the act entituled, an act restraining strikeing and killing fish at unusual times, made at James City the 8th day of June 1680, be from henceforth repealed, and the same is hereby repealed to all intents and purposes.||Act of 8th of June, 1680, restraining the striking of fish at certain periods, repealed.|
|An act ascertaining days for Courts in Accomack County.||Edi. 1733 and 1752.|
|BEE it enacted by the governour, councell and burgesses of this general assembly, and the authoritie thereof, and it is hereby enacted, That the court dayes for Accomack County for the time to come, be annually as hereafter followeth, viz: The 3d Tuesday in June, the 3d Tuesday in September, the 3d Tuesday in November, the 3d Tuesday in December, the 3d Tuesday in ffebruary, and the 3d Tuesday in march,||Court days of Accomack county.|
|and that the said dayes be constantly observed, held and kept as court dayes annually for the time to come, Any former law, usage or custome to the contrary hereof notwithstanding.|
|An act regulateing the tare of Tobacco Hogsheads.||Edi. 1733 and 1752.|
|WHEREAS great abuses, frauds and deceits are dayly practiced by coveteous persons for their own singular lucre and gaine in the unreasonable weights of tobacco hogsheads, commonly past away at a much lighter, and more moderate tare then they really weigh, Bee it enacted by the governour, councell, and burgesses of this generall assembly and the authority thereof, and it is hereby enacted, That for the prevention of the like unjust practices in time to come, noe planter or planters, or other persons whatsoever, being and abideing in this country, from and after the 10th day of September next, shall pack, pay away, or put to sale any tobacco or tobaccoes whatsoever, in any sort of caske whatsoever but what shall be marked or branded, according as hereafter shall be marked or branded, according as hereafter shall be exprest by such cooper or coopers, artificer or artificers as shall sett up and make the same.||Preamble. |
All tobacco hogsheads to be branded by the maker.
|And be it alsoe enacted by the authoritie aforesaid, and it is hereby enacted, That all and every cooper or coopers, or other persons whatsoever that will either by himselfe or his owne servants to his use, exercise and practice the makeing and setting up of all or any sort of tobacco casques from and after the said 10th day of September next, shall and doe procure and provide certaine marks or brands for his or their proper and (a) peculiar use, that is to say the two first letters of his or their proper name and sirname, and figures sufficient to mark or brand the weight of every respective tobacco caske made and sett up, to be provided by all and every such cooper or coopers, planter or planters||How to be branded.|
|(a) 'Or' in Ch. City MS. 'and' in Northb. MS.|
|that will either by themselves or their own servants make and sett up such caske as aforesaid upon the head and bulge of every tobacco caske put the two first letters of their proper name and sirname, together with the exact and just (a) weight or tare of every such tobacco caske, as either they or any of them shall afterwards undertake to sett up, to the intent the true weight of every tobacco caskue may be knowne. And that every such cooper, planter or other person or persons as is aforesaid, that after the said 10th day of September next, shall either voluntarily neglect to put his proper mark on every respective tobacco caske at the makeing thereof, or willfully place an unjust weight or tare thereupon, whereby any person afterwards buying or receiving the same, shall or may be defrauded and wronged contrary to the form and intent of this act shall for every such offence, and for every tobacco caske wanting such marks, or any of them as this act requires, forfeite and pay five hundred pounds of tobacco and cask, one moyety thereof to our Soveraign Lord the King, his heires and successors, for and towards the better support of this government and the contingent charges thereof, and the other moyety to him or them that shall informe and sue for the same in any court of record within this his majesties dominion of Virginia, by bill, information, plaint or other action, wherein noe essoign, protection or wage in law shall be allowed.|
Penalty for not branding or putting a false weight on.
|And be it alsoe further enacted by the authoritie aforesaid, and it is hereby enacted, That all and every planter or planters or other persons whatsoever which shall either pack with intent to pay away or put to sale, or shall directly pay away or put to sale any tobacco or tobaccoes whatsoever, from and after the said 10th day of September next, in any other caske whatsoever but what are really marked according to the forme and intent of this act, shall for every such offence, and for every tobacco caske wanting the same forfeit and pay five hundred pounds of tobacco and caske to and for the sues aforesaid and to be recovered in manner aforesaid.||Penalty for packing tobacco in casks not truly branded.|
|(a) The words 'and just' omitted in Northb. MS. but inserted in Ch. City MS.|
|And be it further enacted by the authoritie aforesaid, and it is hereby enacted, That all and every purchaser and (a) receiver of any tobacco or tobaccoes in caske soe marked as aforesaid, shall and doe receive and accept the same at the particular tares thereon placed and putt. And that for every hogshead soe purchased or received, the buyer or receiver shall pay and allow to the respective seller or payer away as a consideration in vallue thereof thirty pounds of tobacco and no more. Any law usage, statue heretofore to the contrary notwithstanding.||Purchasers to take tobac. at the tares marked on the casks.|
|Provided alwayes, and it is the true intent and meaning of this act, That all sherriffes or other collectors of the publique dues, shall pay and allow to the planter for caske, after the rate of eight percent, according as by law is already established.||Allowance,|
|Provided alsoe, and it is the true intent and meaning of this act, that all and every court of judicature within this his majesties dominion, before whom any information of the breach of this law shall be brought, shall and are hereby impowered to consider what any tobacco hogshead after it hath lain (b) sometime packt, may by the moisture of the weather, or the tobacco therein packt increase in waight and give judgment accordingly. Any thing in this act to the contrary hereof notwithstanding. This act to continue in force three yeares from and after the 10th day of September next, and noe longer.||Courts to allow for variation in weights.|
|An act declareing the 107th act of Assembly, made the 23d day of March 1661-2, to be in force.||Edi. 1733 and 1752.|
|WHEREAS severall doubts have arisen, and do dayly arise whether the 107th act made at James Citty the 23d day of March, 1661-2, entituled, noe seconds or slips, be not repealed by a later act of assembly made at James City the 29th of September,||Preamble.|
|(a) 'And' in Northb. MS. 'or' in Ch. City MS.|
|(b) 'Lain' in Northb. MS. 'bin' in Ch. City MS.|
|1664, entituled, an act for liberty to plant and divers persons, doe thereupon endeavour to excuse as well their tending such seconds and slips as their packing, selling and sending away ground leaves and other trash with the notion and colour of being suffered to make the benefitt of their labour, when indeed noe such trash was thereby ever intended to be permitted and allowed.|
|Bee it enacted by the governour, councell and burgesses of this general assembly, and the authority thereof, and it is hereby enacted, That the said 107th act of assembly made at James Citty the 23d day of March, 1661-2, entituled, noe seconds or slips, be now continued in full force, power and vertue, with this alteration and amendment, that from and after this session of assembly every person or persons that shall be found guilty of breach of the said law, or any branch thereof, shall for such offence forfeit, suffer and pay such forfeitures, penalties and fines, as is therein mentioned and ordained to be forfeited, payd and suffered; one moyety to our Soveraigne Lord the King, his heires and successors for and towards the better support of the government of this his majesties dominion of Virginia and the contingent charges thereof, the other moyety to him or them that shall informe or sue for the same in any court of record within this his majesties dominion of Virginia, by byll, information, plaint or other action, wherein noe essoigne, protection or wager in law shall be allowed.|| Act 107, of March 1661-2 revived and
Penalties for breach of that law.
|And for the better prevention of makeing such trash tobaccoes, whereby his majestie is much injured in his customes, and many frauds are put upon merchants and others in England, by reason that such seconds, slips and late planted tobaccoes, not having sufficient time to come to full growth and maturity, the same proves in generall to be damaged by the greenness, thinness and other ill qualities thereof, although noe other wett or moisture then what it hath in its owne naturall case come to the same, and by reason of such damage the importer thereof payes little or noe custome for it. And yett the said tobacco being cutt and mixed with stalks is commonly put to sale at underrates, and thereby the commoditie in general much undervalued and reduced to soe low a price in this country, that many||Provision against making trash tobacco.|
|planters are, and will be by reason thereof compelled to leave of planting tobacco, and to employ themselves about husbandry, and in makeing and improveing severall manufactures, with which this country hath been alwayes heretofore furnished from England.|
|Bee it therefore further enacted by the authority aforesaid, and it is hereby enacted, That noe tobaccoes be planted or re-planted after the last day of June annually, for the time to come, and that whoever shall, directly or indirectly plant or re-plant, or cause to be planted or re-planted any tobacco after the said last day of June, shall for such offence forfeit and pay ten thousand pounds of tobacco to the uses aforesaid, to be recovered in manner aforesaid.||No tobacco to be planted or replant'd after last of June.|
|And for as much as severall persons strip the stalkes out of the leafe of theire tobaccoes in this country, and then afterwards ship the said tobacco stalkes for England, with intention to defraud his majesty of his duty here and customs there, when it doth arrive, and the price of tobacco by that practice alsoe further leasened and diminished.|
|Be it therefore further enacted by the authority aforesaid, and it is hereby enacted, That whosoever shall ship any tobacco stalks, from which the leafe has been stript and taken away for exportation out of this country, shall for every pound of such tobacco stalkes, forfeit and pay fifty pounds of tobacco to the uses aforesaid, to be recovered in manner aforesaid||Penalty for shipp'g tobacco stalks from which the leaf has been stript.|
|An act for the better improveing the breed of Horses.||Edi. 1733 and 1752.|
|FOR as much as the breed of lgear [large] and strong horses in this country, will not only extend to the great help and defence of the same, but alsoe prove of great use and advantage to the inhabitants thereof, which now is much decayed and impair'd by reason that small ston'd horses, of low stature and value, be not only suffered to pasture and feed in our woods and other waste grounds, but alsoe to cover and leap mares feeding there, whereof cometh a numerous beed [breed] to the little profit but great damage of this country, and will|
|further encrease to the detriment thereof, unlesse some effectuall remedy be speedily provided to prevent the same. ffor prevention therefore of soe great an evill, and for the encrease and breed of better and stronger horses hereafter to be had in this collony.|
|Bee it enacted by the Governour, Councell and Burgesses of the General Assembly and by the authoritie thereof, and it is hereby enacted, That noe person or persons whatsoever after the last day of July, which shall be in the yeare of our Lord 1687, shall have or put to feed into or upon any woodland grounds, marshes or other waste grounds, not haveing a sufficient fence about the same, any ston'd horse or horses, being of the age of two yeares, and not being of the height of therteen hand full and a halfe, to be measured from the lowest part of the hoofe of the forefoot, unto the highest part of the wither, and every hand full to contain four inches of the standard, upon the penalty and forfeiture of such horse or horses, or four hundred pounds of tobacco and cask for every such horse which shall be soe found in or upon any such woodland, ground, marshes or other waste grounds at any time after the said last day of July, which shall be in the said year of our Lord, 1687, contrary to the true intent and meaning of this act; and it shall be lawfull to every person or persons that shall find any such horse or horses contrary to the form of this act to seize the same in manner and form following, that is to say: the said person or pesons [persons] soe finding any horse or horses contrary to this act, in any woodland, grounds, marshes or other waste grounds, not having a sufficient fence about the same, shall forthwith, after this [his] or their takeing up such horse or horses soe found, goe unto some one or other of his majesties justices for the peace for that county, haveing alsoe with him or them such horse or horses as he or they shall take up, and before him make proof by his or their own corporall oathes, and another single testimony at the least, that he or they did find and take up such ston'd horse or horses as is aforesaid, running in such woodland, grounds, marshes or other waste grounds as is aforesaid. And that after such sufficient proof made, the said justice of the peace is hereby desired and required, then and there before him to cause the said horse or horses to be measured, and if it be soe found||Pen'ty for suffering stoned horses, of two years of age,
and under 13 handfulls high to run at large. |
How such stoned horses may be seized and disposed of.
|that the said horse or horses be contrary to this act, and that said justice grant his certificate thereof, that then it shall be lawful to every such person or persons to challenge and seize the said horse or horses, and every of them to his own use, as his owne proper goods and chattles for ever, without interruption, vexation, suit or trouble of the owner or owners of them, or of any other persons.|
|Provided alwayes, and it is the true intent and meaning of this act, That every person or persons that shall soe find and take up such horse or horses as is aforesaid, and shall receive certificate thereof in manner and form as is aforesaid, shall and do forthwith give open notice and knowledge thereof, by setting up his or their note or notes, and therein expressing the mark, colour and brand of such horse or horses as he or they shall soe find and take up, at the court-house door of that county, and parrish churche of that place. Provided alsoe, that whatsoever owner or owners of such horse or horses soe found in any wood land, grounds, marshes or other wast grounds as aforesaid, shall or doth within tow months after such sufficient and open publication, as is above required and recited, come to the person or persons who have according to this act, soe found and took up his or their horse or horses, and for every particular horse of his or theires soe taken up, shall tender to such person or persons four hundred pounds of tobacco and caske to be immediately payd, or well secured to be payd at the next succeeding crop, such owner or owners shall thereby ipso facto recover and redeem all and every such horse or horses from the penalties and forfeitures, that every such like horse or horses, are otherwaies lyable to by vertue of this act. Any thing in this act heretofore contained to the contrary thereof notwithstanding. This act to continue in force 7 yeares from and after the last day of July 1687, and noe longer.||Notice of such seizure, how to be given.|
How such horse may be regained by the owner.
|An act repealing the 7th act of assembly made at James Cittie the 16th day of Aprill, 1684.||Edi. 1733 and 1752.|
|BEE it enacted by the Governour, Councell and Burgesses of this generall assembly, and the authority thereof, and it is hereby enacted, That the 7th act of assembly made at James Citty the 16th day of Aprill, 1684, entituled, and act for the better defence of the country, be and stand repealed from and after the last day of November next, to all intents and purposes. And that his excellency the governour be desired forthwith to disband the officers and souldiers settled by the said law at the heads of the four great rivers.||Act 7 of April 1684, repealed. |
Soldiers to be disbanded.
|An act continueing the Imposition upon Liquors.||Edi. 1733 and 1752.|
|BEE it enacted by the Governour, Councell and Burgesses of this General Assembly and the authoritie thereof, and it is hereby enacted, That the 8th act of assembly, made at James Citty the 16th day of Aprill 1684, entituled, an act for lessening the levies by the pole, laying an imposition on liquors be, and is hereby continued in force for three yeares from and after the 29th day of September, which shall be in the year 1687.||Act 8 of April 1684, imposing a duty on liquors, continued.|
|An act for raiseing a public leavy.||Edi. 1733 and 1752.|
|BE it enacted by the governour, councell and burgesses of this generall assembly, and the authority thereof, and it is hereby enacted, That the sume of one hundred and four pounds of tobacco he paid by ever tithable person within this his majesties colonie and dominion of Virginia, for the defraying and payment of the publique charge of the country, being the publique levie from Aprill 1684, to this present time,||Public taxes.|
|and that it be paid by the collectors of the severall counties to the severall persons to whom it is proportioned by this present generall assemble.*||To be paid to county creditors.|
|Northumberland county's proportion of the levies or taxes.|
Clerk's fee, for a copy of the laws.
|* This act is omitted in the Northumberland MS. but is inserted in the Ch. City MS. where it is thus subscribed.|
|In the Northumberland MS. the laws of this session are attested, as above, by 'Robert Beverley, Clk. Assembly.' Now it is evident that, in this instance, the Northb. MS. is most correct; because we not only find from the letter of the king,, subjoined to the acts of this session, that the removal of Robert Beverley, as clerk, was not required till August, 1686, a period too late to have had its effect at this session, but it appears from another MS. in the possession of the editor, that Francis Page was not appointed clerk of the house of burgesses by the governor and council, under the new arrangement of king, till the 25th of April, 1668, [See Bland MS. pa. 507] so that it was impossible for Francis Page to have attested the acts of the session of 1686, as of the time when they passed.|
|NOVEMBER THE 15th, 1686|
|THIS letter of mine to you, is to wait upon his majesties command to mee, relateing to the extraordinary proceedings of the house of burgesses, in the yeare sixteen hundred eighty and five, how his majestie resents those proceedings, his majesties letter of which you have here the copie will plainly demonstrate, which you are to cause to be openly and publiquely read at your county court, that the inhabitants, as well as yourselves and burgesses may be made sencible how displeasing such obstinate proceedings are to his majestie. And alsoe how his majestie hath approved the measures, I then tooke to moderate them.|| Governor's letter to the county of
In the margin of the MS it is, 'His excellency's letter to this co'ty court.'
Locus Sigili −− Right trusty and well-beloved, we greet you well.
|WHEREAS wee have been informed of the irregular and tumultuous proceedings of the house of burgesses in the late meeting of the assembly of Virginia, the members whereof have not only spent their time in frivolous aud unnecessary debates, but likewise have presumed soe far as to raise contests, touching the power of the negative voice, wherewith our governour of that our collony is intrusted by us, which we cannott attribute to any other cause then to the disaffected and unquiett dispositions of those members, and their sinister intentions to protract the time of their sitting to the great oppression of our good subjects, from whome they receive their wages for their attendance in the assembly, wherefore wee doe very much approve of what you have done in putting an end to that session by proroguing the assembly. Wee have thought fitt hereby, as a mark of our displeasure towards the said members, to charge and command you to dissolve your present assembly, to the end the inhabitants of that our||King James II's letter to the governor, complain'g of the conduct of assembly which met in 1685: in spending their time in frivolous debates: and in contesting the negative power of the governor in the passing of laws.|
|collony may at such time as you shall think fitt have opportunity of electing such other members as may have a more carefull regard go our service and the good of our collony.|
| And whereas Robert Beverley, clerk of the house of burgesses
appeares to have cheifly occasioned and promoted those disputes and contests, Our will and
pleasure is that he be declared uncapable of any office or public imployment within our collony
of Virginia, and that he be prosecuted according to the utmost severity of the law for altering
the records of the assembly if you shall see cause; and wee doe further hereby charge and require
you and your commander in cheife of our said collony for the time being, to appoint a fitt person
to execute the office of clerk of the house of burgesses, and not to permitt upon any pretence
whatsoever any other person to execute the said office then such as shall be soe chosen by you,
to whome wee expect the usuall allowance shall be made by the assembly for his service and
attendance, as hath been formerly given to others in his place, and soe wee bid you heartily
Given at our court at Windsor, the first of August 1686, in the second yeare of our raigne.
By his majesties command.
|Governor instructed to appoint a clerk of the house of burgesses for the future.|
|Vera copia of his majesties letter to his excellency.
NICHO. SPENCER, Sec'ry.
|(Note to editions of 1733 & 1752.)|
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