|Pages 185-199||Pages 216-228|
|HIS MAJESTYES ROYALL COLLEDGE OF WILLIAM AND
MARY, ADJOYNING TO THE CITY OF WILLIAMS-
BURGH, THE 5th DAY OF DECEMBER, 1700, IN
THE 12th YEAR OF HIS MAJESTYES REIGN.*
|Francis Nicholson, Esq. Gov.|
|An act continuing the act prohibiting the exportation of Indian Corne.||Edi. 1733 and 1752.|
|WHEREAS the continuance of the law prohibiting the exportation of Indian corne is found very necessary and convenient.|
|Be it enacted by the Governour, Councill and Burgesses of this present generall assembly, and the authority thereof, and it is hereby enacted, That the 9th act of assembly made at a generall assembly begun at James City the 27th day of Aprill 1699, entituled an act prohibiting the exportation of Indian corne till the 25th day of December 1700, shall be and is hereby continued in full force to all intents and purposes from the 25th day of December next, till the 25th day of December that shall be in the year 1705.||Act prohibiting the exportation of Indian corn further continued.|
|* The commencement of the acts of this session in the edition of 1733, is "At a General Assembly begun at his majesty's roial college of William and Mary, adjoining to the city of Williamsburg, the fifth day of December Anno Domini 1700.|
|Edi. 1733 and 1752.|
|WHEREAS a considerable number of French protestant refugees have been lately imported into this his majestys colony and dominion severall of which refugees have seated themselves above the falls of James River at or near to a place comonly caled and known by the name of the Manakin towne, for the encouragement of the said refugees to settle and remaine together as near as may be to the said Manakin towne,||Preamble.|
|Bee it enacted by the governour, councell and burgesses of this present generall assembly, and it is hereby enacted, That the said refugees inhabiting at the said Manakin towne and the parts adjacent, shall be accounted and taken for inhabitants of a distinct parish by themselves and the land which they now do or shall hereafter poses at or adjacent to the said Manakin towne, shall be and is hereby declared to be a parish of itselfe, distinct from any other parish to be caled and knowne by the name of King Williams parish in the county of Henrico, and not lyable to the payment of parish levies in any other parish whatsoever.||Lands, held by French refugees, at Manakin town & adjacent, to be a distinct parish by the name of King William parish in the county of Henrico.|
|And be it further enacted by the authority aforesaid, That such and so many of the said refugees as are already settled or shall hereafter settle themselves as inhabitants of the said parish at the Manakin towne and the parts adjacent shall themselves and their familyes and every of them be free and exempted from the payment of publick and county levies for the space of seven years next ensuing from the publication of this act, any law, statute, custome, or usage, to the contrary in any wise notwithstanding.|
Refugees exempted from payment of taxes and levies.
|An act for the more effectuall and speedy carrying on the revisall of the laws.||Edi. 1733 and 1752.|
|WHEREAS by one act of assembly made att a generall assembly begun at James City the 27th||Preamble.|
|day of Aprill 1699, entituled an act appointing a comitee for the revisal of the whole body of the laws of this his majestyes colony and dominion, it is enacted, that Edward Hill, Mathew Page and Benjamin Harrison, Esqrs. members of the honorable councill, and that Miles Cary, John Taylor, Robert Beverly, Anthoney Armsted, Henry Duke and William Buckner, gentlemen, then members of the house of burgesses, or any six of them, whereof two to be of the council and four of the house of burgesses, should be and were thereby appointed and declared to be a comitee for the revisall of the whole body of the laws of this his majestyes colony and dominion. And forasmuch as it is found necessary and convenient that the said clause of the aforesaid law should be altered ,|
|Be it therefore enacted by the Governour, Councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That any one of the members of the honorable councill with any two of the burgeses appointed and to be appointed and impowered by virtue of the said act of assembly to revise the laws shall be and are hereby appointed and declared to be a comitee to revise the laws of this his majestyes colony and dominion at such times and with such powers and under such rules and limitations as by the aforesaid act of assembly is directed and laid downe and the proceedings of such comitee shall to all intents and purposes be accounted as good and valid as if they were done by any greater number or by the number appointed by the said act, any thing in the said act to the contrary notwithstanding.||Any one member of the council, with two of the burgesses, sufficient to carry on the revisal of the laws.|
|An act for raising a Publick Levy.||Edi. 1733 and 1752.|
|BEE it enacted by the governour, councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the sume of nine 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 publick charge of the country being the publick levy from the 27th day of Aprill 1699 to this present time, and that||Taxes or public levy from 27th of April 1699, to the present time.|
|it be paid by the collectors of the severall countyes to the several persons to whome it is proportioned by this generall assembly, and if it shall happen that there shall be more tythables in any county than the present levy is laid on, then such county to have creditt for so much to the use of the county, and if there shall happen to be less in any county, then such county shall bear the loss.|
|(Note to editions 1733 and 1752.)|
|HIS MAJESTYES ROYALL COLLEDGE OF WILLIAM & MARY
ADJOYNING TO THE CITY OF WILLIAMSBURGH,
THE 5th DAY OF DECEMBER IN THE TWELFTH
YEAR OF THE REIGNE OF OUR SOVEREIGN
LORD, WILLIAM THE THIRD, OF ENG-
LAND, SCOTLAND, FRANCE AND
IRELAND, KING DEFENDER OF
THE FAITH, &c. ANNOQ.
|Francis Nicholson, Esqr. Gov.|
|Edi. 1733 and 1752.|
|WHEREAS the most proper wayes and means for the strengthening the frontiers of this his majesties most ancient colony and dominion against the invasions and incursions of an enemy by land, and for the better prevention of murthers, robberyes and other spoiles from being comited thereon is thought to be by setling in cohabitations upon the said land frontiers within this government,|
|* The commencement of the acts of this session, in the editions of 1733 and 1752, is "At a generall assembly, begun at his majesty's roial college of William and Mary, adjoining to the City of Williamsburg, the fifth day of December; in the twelfth year of the reign of our sovereign lord William III. of England, Scotland, France, and Ireland, king, defender of the faith, &c. annoq; Dom. 1700. And thence continued by several prorogations to the 6th day of August 1701; and in the thirteenth year of his majestyes reign; being the second session of this present General Assembly."|
|and that the best method to effect the same will be by encouragements to induce societyes of men to undertake the same, and whereas a less number than twenty able fighting men is not thought a sufficient defence in such cohabitations,|
|Be it therefore enacted by the Governour, Councell and Burgesses of this present Generall Assembly and the authority thereof, and it is hereby enacted, That these following encouragements shall be given for such cohabitations under the conditions, rules and directions hereafter following, that is to say, that there shall be granted to every certaine number of men who shall enter into societyes and agree to undertake such cohabitations any quantity of land not under the quantity of tenn thousand acres, nor exceeding the quantity of thirty thousand acres upon any of the frontiers within this government wherever it shall be found not legally taken up or possessed by any of his majestyes leige people, which land shall be held by such societyes or companies of men in common as tenants in comon and undivided to them and each of them, their and each of their heirs for ever as to their severall respective interests and propertyes in the said land and every part thereof, so that at the death of any of them the right of such person may descend to his heirs and so from heir to heir and not go to the survivor. Provided alwayes, that the power of ordering and manageing the said land and the planting and setling thereof, still be and remaine in the said societyes of men or undertakers and such of the heirs and purchasers thereof as shall be of age or the major part of them. And whereas the easing the charge usually accrewing in the first surveying and takeing up of land in this his majestyes colony and dominion and in the payment of quitrents would be a very great inducement and encouragment for the makeing the said cohabitations and defensive settlements, this present generall assembly haveing taken the same into their serious considerations and the inability of the country at this time by any other wayes or means to make any forts and such like defences.|
Encouragment to settlers on the frontiers.
A certain quantity of land, granted to societies, as tenants in common;
with power to make rules for the ordering thereof.
|Be it therefore enacted by the authority aforesaid, and it is hereby enacted, That when any grant and settlement shall be made in pursuance of this act, the charges of the surveying thereof and laying out the two hundred|
|acres for the cohabitations and the land for the forts shall be defrayed by the country together with the quitrents due to his majesty for the first twenty years as they shall become due. And for a further encouragement,||Surveys to be made, & quit-rents paid, at public expense for the first 20 years.|
|Be it also enacted by the authority aforesaid, and it is hereby enacted, That all persons that shall go or be sent to settle and remaine in any of the settlements or cohabitations to be made by virtue of this act shall for the first twenty years after sch settlement made wherein they reside be free and exempted from paying any public, county or parish levyes within this government. −− And also for their further encouragement,|
Settlers exempted from taxes or levies for 20 years:
|Be it enacted by the authority aforesaid, and it is hereby enacted, That all such persons as shall be seated in cohabitations by virtue of this act shall be also exempted from all military comands but what shall be setled by public authority among themselves and shall tend to their owne defence and security, and for the encouragment of all such persons able and well fited to serve in warr as shall join such undertakeing for cohabitations and be under the rules and directions herein and this act appointed and to be appointed where and so long as the quantity of land undertaken for shall be less than thirty thousand acres.||and from military service, except for their own defence.|
|Be it also further enacted by the authority aforesaid, and it is hereby enacted, That there shall be granted to every such person untill the said quantity of thirty thousand acres shall be compleatly taken up a right to two hundred acres of land next adjacent at his choise together with halfe an acre to seat upon and live in not before seated upon within the said two hundred acres to be laid out for the cohabitation as shall be directed to be held and enjoyed by him, his heirs and assignes under the libertyes, freedoms, exemptions and franchises herein by this act given to such societyes and undertakers so long as the said person so joining himselfe his heirs or assignes shall continue and keep the conditions of the said settlements and cohabitation and no longer. Provided alwayes, and it is the true intent and meaning of this act that for every five hundred acres of land to be granted in pursuance of this act there shall be and shall continually be kept upon the said land one christian man between sixteen and sixty years of age||Settlement rights. |
|perfect of limb, able and fitt for service who shall alsoe be continually provided with a well fixt musquett or fuzee, a good pistoll, sharp simeter, tomahauk and five pounds of good clean pistoll powder and twenty pounds of sizable leaden bulletts or swan or goose shott to be kept within the fort directed by this act besides the powder and shott for his necessary or usefull shooting at game. Provided also, that the said warlike christian man shall have his dwelling and continuall abode within the space of two hundred acres of land to be laid out in a geomitricall square or neare that figure as conveniency will admitt for the same to be laid out within the said quantityes of land first mentioned by this act to be granted. Provided also, that because the constitution of this country does not enable us to make such a settlement at once, and that it is not likely to be done among ourselves or from any other place without some reasonable time be given, it is the true intent and meaning of this act that if within two years from the obtaining any grant upon this act the grantees or undertakers shall seat or cause to be seated upon the said land and within the two hundred acres before mentioned to be laid out for cohabitation tenn able warlike christian men, armed and provided as aforesaid, and so for every two years, after tenn more such able, warlike christian men so armed and provided, untill the whole number shall be compleated of one such man so fixed for every five hundred acres such grant shall contain, and from time to time keep up such settlement it shall be taken for a full complyance and settlement within this act and to take and hold by virtue of such grant any thing in this act contained to the contrary notwithstanding. Provided also, that by the expiration of the two first years after the grant as aforesaid the said society or undertakers, and such as shall joine with them shall palesado in or cause to be pallisadoed in for a fort one half acre of land to be laid out in the middle of the said two hundred acres appointed for the cohabitation with good sound pallisadoes at least thirteen foot long and six inches diameter in the middle of the length thereof, and set double and at least three foot within the ground. And for further encouragement.||For every 500 acres of land, one able man; completely armed and
equpt, to be constantly kept.|
Further encouragement to settlers.
Forts to be built.
|Be it also enacted by the authority aforesaid, and it is hereby enacted, That when such fort shall be made|
|there shall be paid by the country tenn pounds sterling towards a publick store house and other necessary houses within the said fort: Provided also, that when any person or persons shall joine themselves to the said cohabitation after the first undertakeing as afore is said and shall desert the same or not keep up his or their part or parts of the conditions in this act mentioned, the said two hundred acres of land by this act appointed to be granted him or them shall revert to the king without any inquest or further inquiry, and be lyable to be taken up under the conditions he or they took up the same by the next that will and the halfe acre to the society of undertakers, any thing in this act to the contrary in any wise notwithstanding. Provided alwayes, that the governor or commander in chiefe of this majestyes most ancient collony and dominion of Virginia may and he is hereby desired to nominate, choose and appoint one or more as to him shall seem meet that shall be resident in each of the cohabitations or townes to be made by virtue of this act to reside and lodge in the fort and to command and rule the rest in all military affaires according to such orders and directions as he or they shall from time to time receive from the governor or commander in chief for the time being, and also to give directions in what shall be needfull or convenient in raising, maintaining and keeping their fort in repaire and strengthening the same. And for the further security of the frontiers as well towards the sea as land dureing these times of danger and for discovering the approaches of an enemy by sea,||Part of the expence, to be paid by the public.|
On failure of conditions, the land to revert to the king, without inquest.
Governor may appoint commander of fort.
|Be it enacted by the authority aforesaid, and it is hereby enacted, That the colonels or commanders in cheife of the militia in the severall countyes of Elizabeth City, Accomack and Northampton, order and appoint two men in each of the said countyes at such times and places as the governor for the time being shall appoint, which said men shall keep a constant looke out to seaward by night and by day, and if they or any of them shall hapen to see any ship or vessell upon the sea they shall dilligently observe the courses and motions of the said shipp or vessell, and if upon the same the look outs who shall spye them have any suspition of their being enemyes they shall imediately give notice thereof to the next commision officer of the militia who is hereby required||Two men to be appointed as look-outs, in the counties of Accomack
and Northumberland. |
|forthwith to signify the same to the cheife commander for the time being of the militia of that county.|
|And be it further enacted by the authority aforesaid, and it is hereby enacted, That when any notice shall be given to the chief officer of the militia for the time being in any frontier county either by land or sea of the approach of an enemy, such cheife officer is hereby authorised, impowered and required imediately to issue his warrants for the impressing horse and man and boat and hands as the occasion shall require to carry the said notice to the governor or commander in cheife of this his majestyes colony and dominion for the time being and to the cheife officers of the militia in the next adjacent frontier county with what orders and directions he designes therein and is also hereby further authorized and impowered to call together such number of the militia as he shall think fitt and together with the advice of the commission officers who shall meet him to march the said militia against the enemyes and to imbattle, repell, subdue, take, kill or destroy them untill further order to be given by the governor or commander in chief for the time being.|
Power and duty of commanding officers of militia.
|And it is further enacted by the authority aforesaid, That the look outs by this act appointed shall for what time they serve be paid by the public after the rate of two hundred pounds of tobacco per month.|
|And be it further enacted by the authority aforesaid, That the militia raised or to be raised by force and virtue of this act if they be out above four dayes they and every of them shall receive pay and be satisfyed by the publick for every day they shall be in service after these rates, vizt: each captaine finding himselfe horse, armes, ammunition, provisions and all other necessaryes tenn thousand pounds of tobacco and caske for one year, and so proportionably for a shorter or longer time, each lieutenant finding and providing himselfe with horse, armes, ammunition, provisions and all other necessaryes five thousand pounds of tobacco and caske for one year and so proportionable for a shorter or longer time, and every private souldier finding himselfe horse, armes and amunition and all other necessaryes three thousand pounds of tobacco and caske for one year and so proportionable for a shorter or longer time.||Pay of militia: called into service.|
|Edi. 1733 and 1752.|
|WHEREAS one negro man named Billy, slave to John Tillit, but lately the slave of Thomas Middleton, and formerly of James Bray, gentlemen, of James City county, has severall years unlawfully absented himselfe from his masters services, lying out and lurking in obscure places suposed within the countys of James City, York and New-Kent, devouring and destroying the stocks and crops, robing the houses of and committing and threatening other injuryes to severall of his majestyes good an leige people within this his colony and dominion of Virginia in contempt of the good laws thereof,||Preamble.|
|Be it therefore enacted by the governour, councell and burgesses of this present generall assembly, and the authority thereof, and it is hereby enacted, That the said negro slave Billy stand and be adjudged by the authority of this present act convicted of unlawfully lying out, lurking and destroying the stocks and crops and comiting robberyes as aforesaid, and that he suffer the paines of death. And for a further encouragment in a more speedy and effectual apprehending or destroying the said negro and discovering and punishing his accomplices,|
Act of attainder, against Billy, a slave.
|Be it enacted by the authority aforesaid, and it is hereby enacted, That whosoever shall kill or destroy the said negro slave Billy and apprehend and deliver him to justice in this colony and dominion, he, she or they shall be paid and allowed for the same by the publick one thousand pounds of tobacco: and that all persons whatsoever within this his majestyes colony and dominion that from and after the publication of this act shall witingly and wilingly entertaine, assist, harbour, conceale, truck or trade with the said negroe Billy, and every of them, shall be and by authority of this present act be adjudged guilty of felony and incur the paines, penaltyes and forfeitures lyable by law to be inflicted for felony, any thing in this act or any other act contained to the contrary in any wise notwithstanding. Provided alwayes, that if the said negro Billy shall be||Reward, for killing him.|
Penalty for harboring, concealing or dealing with him.
|kiled in pursuance of this act, his master or owner shall be paid by the publick four thousand pounds of tobacco, as is provided by a former act in the like cases.||Allowance to his master, if killed.|
|Edi. 1733 and 1752.|
|WHEREAS it is found necessary that the sheriff and his officers which shall attend the generall courts have power beyond the bounds of his county to summon grand jurors and evidences to attend the said courts,|
|Be it therefore enacted by the Governour, Councell and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the sherriff and his deputyes and baylifs which shall attend the generall court and every of them over and above the power they have in their county be impowered and they and every of them are hereby impowered to summon grand jurors, jurors and evidences in all and every part of the City of Williamsburgh and halfe a mile compass from the same and to make returne thereof to the generall court, which returne so made shall be and be adjudged sufficient for the generall court to ground their judgment upon to fine as the law directs the delinquents in not appearing according to the said summonses|
Sheriffs attending general court empowered to summon jurors and witnesses, in Williamsburg, and half a mile around.
|An act for divideing King and Queen county.||Edi. 1733 and 1752.|
|WHEREAS sundry and divers inconveniencies attend the inhabitants of that part of King and Queen county which lies within Pamunkey neck when they have occasion to prosecute law suits at the or to go to any other public meeting by reason of the difficulty in passing Matapiny river,|
|Be it therefore enacted by the Governour, Councell and Burgesses of this present Generall Assembly and the authority thereof, and it is hereby enacted, That from and|
|after the 11th day of April which shall be in the year of our Lord God 1702 the said county of King & Queen be divided into two distinct countyes so that Matapiny river divide the same and that that part of the said county which is and lyes on the north side of the said Matapiny river and York river remaine and shall for ever thereafter be called and knowne by the name of King and Queen county, and that that part of the said county which is and lies on the south side of the said river within Pamunkey neck shall be called and knowne by the name of King William county. And for the due administration of justice,||King & Queen county divided.|
King William county formed.
|Be it further enacted by the authority aforesaid, and it is hereby enacted, That after the time aforesaid a court for the said King William county be constantly held by the justices thereof upon the 20th day of every month in such manner as by the laws of this country is provided and shall be by their commission directed and whereas the town land lying at West Point in Pamunkey neck was purchased by the intire county of King and Queen as then it was all the charges about the same being equally levied upon the whole number of tythables of the said county.|
|Be it enacted by the authority aforesaid, and it is hereby enacted, That two thirds of the tobacco ariseing from the sailes of the said towne lands to the severall takers up thereof be repaid to the inhabitants that shall be for the time being on the north side of the said Matapany and York rivers in King and Queen county upon the taking up of the said towne land.||Proceeds of sale of town land, at West Point, to be equally divided between inhabitants of each county.|
|Edi. 1733 and 1752.|
|BE it enacted by the governour, councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the 11th act of assembly made at James City the 27th day of Aprill 1699, intituled an act for lesening the levy by the pole and laying an imposition upon liquors for and towards the building the Capitoll and other publick uses as also||Certain former laws continued.|
|the 12th act of assembly made at James City the said 27th day of Aprill 1699 intituled an act for laying an imposition upon servants and slaves imported into this country towards building the Capitoll be and are hereby continued in full force untill the 25th day of December which shall be in the year of our lord 1703. And whereas for the encouragement of trade it is though suitable that in case any liquors, servants or slaves chargeable by the said recited acts shall after the publication of this act be imported into this his majestyes colony and dominion, and that the importer of the said liquors slaves, shall within six weeks after such importation desire to transport the same out of this dominion in such case the said importer shall give a particular account of the contents, caske, markes and numbers of the said lyquors as also a particular account of the servants and slaves and subscribe the same to the officer with whom at their importation they were entered, and shall declare upon oath, which oath the said officer is hereby impowered to administer that the duty for the said lyquors, servants and slaves according to the said entry were duly answered and paid according to the said entry were duly answered and paid according to the said recited acts, and that the said lyquors, servants and slaves shall be directly carryed out of this dominion and not sold, delivered or put on shoar within the same, that then it shall be lawfull for the said officer and he is hereby required and enjoined to allow to the said importer three-fourths of the duty of the said lyquors, servants and slaves by him imported as aforesaid, any law, custome or useage to the contrary in any wise notwithstanding.|
Draw back, allowed on exportation, within six weeks.
|Edi. 1733 and 1752.|
|WHEREAS it is concluded to be more suitable and comodius for the uniforme carrying on and furnishing the Capitoll now erecting in the City of Williamsburgh that some alterations be made in the modell of the said Capitoll laid downe and expresed in an act of assembly made at James City the 27th day of Aprill anno Domini 1699,||See act XLII. of revision of 1705, where the former law, (act XIV. of 1699,) is literally recited.|
|Be it therefore enacted by the governour, councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the following directions be observed, vizt.|
|That the porches of the said Capitoll be built circular fifteen foot in breadth from outside to outside, and that they stand upon cedar columns (if to be had) if not the same to be sett upon other good, lasting and substanciall wood; that the cross building betwixt the two main buildings be of the same breadth with the maine buildings that all the great doors be arched, and that it be left to the comitee which now is or hereafter shall be appointed to oversee the building of the capitoll to direct what other doors shall be made therein, that the placeing the four galleryes be left to the commitee that the placeing the four galleryes be left to the commitee that now is or hereafter shall be appointed to oversee the building of the Capitoll, and that they have liberty to take so much room out of the adjacent rooms as in their discretion they shall think fit for the carrying up a suitable pair of staires.|
Further directions, as to building the capitol.
|That the windows in the lower story be arched, and that the lower floors be raised two foot from the ground and that the committee appointed to oversee the building of the said Capitoll have power and they are hereby impowered to send to England for all such materialls as are yet wanting to finish the said worke.|
|And whereas it is absolutely necessary that a publick prison be built near and convenient to the siting of the generall court for the reception of criminals of both sexes.|
|Be it enacted by the authority aforesaid, and it is hereby enacted, That there be forthwith build convenient to the Capitoll and substantiall Brick Prison, thirty foot long in the clear and twenty foot wide in the clear three rooms on the lower floor, vizt. one with the Chambers above for the goalers or prison keepers, and the other two smaler on the lower floor for goals for the criminals of both sexes, to be underlaid with timbers under ground to the foundations to prevent undermining and that at one end thereof there be walled in with a substantiall wall tenn foot high, twenty foot square of ground for the prisoners to be let into to aire them as occasion shall require for preservation||Public prison to be built;|
its materials & dimensions.
|of their life and health till tryall whereby it will be a convenient reception for all criminals upon their commitments and save the charge which necessarily accrews in each county by keeping continuall guards upon them, and that the comitee for overseeing the building the capitoll have power, and they are hereby impowered to send to England for iron barrs, bolts and all such materialls as shall be though necessary for the same and direct the building thereof both in these and in all other things necessary thereunto.|
|And whereas the former law for building the capitoll gave power to the comitee to make use only of two thousand pounds sterling, which sume is well nigh expended.|
|Be it therefore enacted by the authority aforesaid, and it is hereby enacted, That the said comitee as often as they shall have occasion for money for the uses of the capitoll or prison, shall from time to time apply themselves to the governor or commander in chief for the time being, to issue out his warrant to the treasurer of this his majestyes colony and dominion, requireing him to pay so much money as they shall have occasion for; any former law to the contrary in any wise notwithstanding.|
|(Note to editions 1733 and 1752.)|
|Pages 185-199||Pages 216-228|