of the small Estate they have without diminution of the Principal which whether great or small always to be delivered to the Orphan at the years appointed by Law That all Cattle Horses and Sheep be returned in kind by the Guardian according to the age and number when as he received them Cattle Horses and Sheep shall be returned in kind and because several had before the first making of this Act Estates of Orphans in their hands which they kept for the male increase and giving the yearly Accompt of the augmentation or diminution of the Orphans Stock which by the carelessness or wickedness of the Guardians was usually consumed before they came to age and disputes thereupon arise in the several Courts how such persons should be proceeded with and Accounts of Orphans Estates how to be given them it is hereby declared That all persons possessed of Orphans-Stocks before the first making this act shall be bound to deliver to the Orphan when he comes to age such and so many of any kind as he was possest of when he gave his account to the next Orphans Court succeeding the Publication thereof That all Plate and Money be preserved and delivered in kind according to the weight and quantity Plate and Money shall be also returned in kind other Houshold-Stuff shall be appraised and sold that other Houshould Stuff and Lumber be apprized in Money and the value thereof paid by the Guardian to the Orphan when he comes to age in the Country Commodities at the price currant as it shall be worth at the time in the place where the Orphan Estate is managed That the Court take able and sufficient security for Orphans Estates and enquire yearly of the Security and if the Court see Cause to have it changed and called in and placed as the Court shall think fit the said Court to inquire also whether Orphans be kept maintained and educated according to their Estates and if they find any notorious defect to remove the Orphans to other Gaurdians and also for those that are bound Apprentices to change their Masters if they use them rigorously or neglect to teach them their Trades That no more be allowed to Guardians for Collecting of Debts due to any Estate than Ten in the Hundred Ten per Cent allow'd to Guardians for collecting Debts due to Orphans the usual allowance of Merchants to their Factors and Attorneys That Thirty Pounds of Tobacco per day be allowed to each Apprizer for Apprizement of any Estate if they will take it and no more Allowance for Appraisement and for Funeral Charges regulated That no allowance be made by the Court of excessive Funeral expences but that a Regulation thereof be made according to the proportion of the Estate and the quality of the person LXVII Orphans Land not to be Aliened BE it also Enacted for the future benefit of all Orphans That the several County Courts do take into their serious Consideration and Care that the Lands in their County belonging to any Orphan be not aliened sold or taken up as deserted Land by any persons during the minority of the Orphan and that the Guardians or Overseers of any Orphan do not Let Set or Farm out any Land belonging to any Orphan for longer Term than until the Orphan be of age and that an especial care be had that the Tenant shall improve the Plantation by planting an Orchard and building a good House and that the Tenant be bound to maintain good Fence about the Orchard and keep the House in sufficient repair Timber upon Orphans Land not to be wasted and the Houses to be kept in repair and leave it Tenantable at his surrender and that Provision be made in the Lease for preventing all waste of Timber or imploying it to any other use then the use of the Plantation LXVIII Grants of Land BE it hereby Enacted That any person or persons claiming Land as due by Importation of Servants shall first prove their Title or just Right before the Governour and Council How persons claiming Land by importation of Servants must prove their Title or produce Certificates from the County Courts to the Secretarys Office before any Survey be made or Grant admitted it being unreasonable that others furnished with Rights should be debarred by Pretence of a survey which in it self is no Title LXIX Deserted Lands BE it also Enacted No Deserted Land shall be taken up by Patent till after the term of Three Years without Order obtained of the Governour and Council That no Patent of Land shall hereafter pass upon pretence that the Land is deserted for want of planting within the time of Three years unless proof thereof be made before the Governour and Council and an Order obtained from them for the Patenting thereof neither shall the first Petitioner for any Deserted Land be denied of having the first Grant he making his Rights appear when he Petitions for the Land And whereas the former Act concerning Deserted Lands reserved to the first taker up his Rights to take up Land in an other Place It is here Enacted That in regard he hath had the benefits of his Rights held the Land in Possession might make use of the Timber without contradiction and yet neither pays the King any Rents nor suffers him to admit any new Tenant that the Rights as well as the Land shall be forfeiâ—ed and the Grantee made incapable of using any of them afterwards Provided That any Person having taken up Land deserted before the making of this Act in November 1652 shall not by Virtue of this Act be outed of Possession LXX Seating upon others Dividends WHereas divers Suits have risen about seating ignorantly upon other Mens Lands Any Person who has built upon Lands supposed his own but upon Survey prove to belong to another shall have the charge thereof allow'd by the right Owner for deciding the same Be it Enacted That if any Person whatsoever hath built or seated upon any Lands supposed his own but proving by a just Survey to belong to another the charge of such building seating or clearing shall by Twelve Men upon their Oaths be indifferently valued and the consideration by the said Twelve Men so adjudged shall be paid by the Owner of the Land to the first Seater that was at the charge but if that shall amount to more than the said Owner is willing to disburse then the said Twelve Men shall make a valuation of what the Land was worth before the Seating thereof Or else shall Purchase the Land Twelve Men upon Oath are to decide any Controversy arising thereupon which the Seator shall accordingly pay to the true Owner Provided always That no consideratien shall be allowed for building or clearing to any Person that shall obstinately persist after lawful warning given him to desist LXXI Not to shoot or range upon other Mens Lands WHereas the Rights and Interests of the Inhabitants are very
signed by the Secretary which shall remain upon File in the Office for the full justification of the Clerk who is to enter them in the Book of Records XXII The Plaintiff to File his Declaration Three days before the day of Hearing Declarations to be filed three days at least before Pleading ANd whereas the Clerk is enjoyned to enter Twenty Actions for each day and the Court to sit at certain hours so also it is hereby Enacted That the Plantiff File his Declaration in the Office at least three days before the day of Hearing in which time the Defendant may take a Copy thereof the Original still remaining in the Office and provide his Answer in writing ready to present to the Governour and Council at the day of Hearing And further That if the Plantiff fail either in not appearing to prosecute or in neglecting to File his Declaration as is hereby enjoyned he shall pay to the Defendant if he lived within Fifty miles of James City The Penalty of a Default One hundred and Fifty pounds of Tobacco for a Non-suit and if he dwell further off then Three hundred and Fifty pounds of Tobacco besides his Amercement to the Publick And if the Defendant make default the Judgment to pass against the Bail for the thing sued for or if no Bail be returned then against the Sheriff besides his Amercement of One thousand pounds of Tobacco laid upon him by Act for not making Returns Provided that the Bail and Sheriff have respite of Execution until the next Court when if they bring in the person of the Party the Judgment of the first Court granted to be reversed but the Amercement awarded against the Sheriff to continue and not be remitted XXIII Adjournment to the two last days for Determination of References by Avisare Volumus or Actions entred in Court time ANd whereas this Act enjoyns the proportioning so many Actions to a day but gives liberty to Arrest in Court time to the last days of the Court and whereas some Cases of Difficulty may be presented Adjournment to the two last days for determination oâ— References by Avisare Volumus upon which the Court may desire to advise Be it therefore Enacted That as soon as the Court hath sat so many days as are filled with Actions it shall be Adjourned to the two last days of that Court and whatever the Court hath referred by their Avisare Volumus and all Actions entred in Court time as aforesaid shall be then tried and determined XXIV Criminal Causes to be tried at the General Court Crimminal causes to be Tried only at General Courts and on the Fourth day WHereas men of the greatest Abilities both of Judgement and Integrity do usually meet at the General Courts whither their Ocasions do frequently call them and because any thing that concerneth Life or Limb requires the ablest Juries to enquire of it Be it Enacted That all Criminal Causes that concern either Life or Member shall be tried at the General Courts only the Fourth day of the said Courts Juries to be Chosen out of the Neighbour-hood And because the Laws of England do enjoyn Juries to be chosen out of the Neighbour-hood where the Fact was committed according to which the remoteness of our Habitations doth not admit us so fully to practice as we desire yet that we may come to them as near as possible we may and because it is very requisite that part of the Jury at least should come from thence who by reason of their nearer acquaintance with the business may give information of divers Circumstances to the rest of the Jury Be it therefore Enacted That immediately after the commitment of any person found Criminal by the Grand Inquest The manner of proceeding by Juries in Cases Criminal the Sheriff of the County to whose Custody he is committed shall give notice thereof to the Secretaries Office at James City and the Clerk of that Office shall presently send a Venire Facias to the said Sheriff to impannel Six men of the ablest and nearest of the Inhabitants of his County Sheriffs to Impanel Juries to that place where the Fact was committed to be of the Jury for Trial of that Cause returnable the said Fourth day of the next General Court where the said Jury-men are bound to appear What Allowance Jury-men shall have for their Charges and for their Charges the Countrey shall allow to each Man Twenty pounds of Tobacco per day for each day they may be reasonably coming to and returning from James City and Fifty pounds of Tobacco per day during their Attendance there about it Viz. from the day they are by the Writ to appear until they be discharged and that the rest of the Jury be made up of the By-standers XXV The Governour and Two of the Council to go the Circuit VVHereas the Honourable Governour out of his singular care of his due Administration of Justice in all Courts and that he might be the better enabled to render his Majesty an exact account of the Government hath been pleased to take upon him and the Council the pains of Visiting all the County Courts of the Countrey Be it therefore Enacted That the Honourable Governour and one of the Council or upon the urgent Affairs of the Countrey hindering the Governour The Governour or Two of the Council wh m he shall Commissionate to go the Circuit yearly that the Governour commissionate too of the Council for every River yearly in August to set Judges in all the County Courts and there hear and determine all Causes then depending in them by Action or Reference from any other preceeding Court in that County Provided no Councellor be appointed to go the Circuit in the River wherein he doth inhabit XXVI Appeals how to be made VVHereas many appeals are made from County Courts to General Courts and from General Courts to Assemblies whereby the speedy Execution of Justice is often retarded and many persons disabled by the Charge of going to James City to prosecute are forced many times to desist from the Claim of their just Rights Be it therefore Enacted Appeals from County Courts how to be made and to whom That for the avoiding Delays and for the ease of the Inhabitants all Appeals made in any Court after the General Court in March be referred to the Hearing of the Governour or Itenerary Councils in their Circuit from whose Sentence there if any person will appeal if the Governour be present shall be made to the next Assembly if two of the Council then to the next General Court from which the said Councellors during the Trial of such Cause or Causes in which they had at the County Courts given their Opinions shall be suspended but because in the Winter time the General Courts are more frequent and all Causes there receive a speedier determination and because Tobacco being only then payable may be paid in kind
aforesaid the person concerned shall pay for his Composition as aforesaid But all Lands which shall hereafter lapse or which have lapsed within the two years last past the Composition to be made for with those by his Majesties Treasurer appointed and authorized thereunto And that the Widdow be admitted in the first place she making her Claim within Eight Months according to the Proposition abovesaid XIX COVRTS Courts formerly called Quarter Courts to be henceforth stiled General Courts VVHereas the name of Quarter Courts is altogether unsuitable to the nature of those Courts held by the Governour and Council both in respect there are but three of these Courts in the year as also because they are not equally distributed in the Quarters of the year September and November being too near and March too long from them to admit of that Title Be it therefore Enacted That the said Courts be no longer Stiled Quarter Courts but that they be henceforth called General Courts a Name more suitable to the Nature of them as being places where all Persons and Causes have generally Audience and receive Determination Whereas the Acts of Assembly already made are very defective in prescribing the Rules to be observed in the Proceedings both in those General and the Particular County Courts for want whereof many Errors are committed the respects due to the Courts so nearly representing his Majesties Sacred Person by the clamorous unmannerliness of the people lost and the order gravity and decorum which should manifest the Authority of a Court in the Court it self neglected And in regard the long omission of those hugely material though in themselves little things of form hath caused all things still to continue in the first Disorders It hath appeared necessary to this present Grand Assembly to set down the Rules and Forms themselves for the beginning continuance and proceedings in the said Courts as followeth And it is therefore Enacted That the General Courts begin and continue as followeth General Courts to begin and continue Rules for the beginning continuance and proceedings in Courts That March Court begin the Twentieth of March if it be not Saturday or Sunday and then the Monday following and hold Eighteen days not accounting Sundays in the number That September Court begin the Twentieth of September if it be not Saturday or Sunday and then to begin the Monday following and hold Twelve days not accounting Sundays in the number That November Court begin the Twentieth of November if it be not Saturday or Sunday and then to begin the Monday after and hold Twelve days not accounting Sundays in the number That Adjournments of the said Courts be always avoided and that they begin precisely upon the day that all persons knowing the day of the return of the Writs may accordingly give their Attendance Stile how Entred How the Stile of the Court shall be entred That the Stile of the Court be entred thus AT a General Court held at James City the Twentieth of _____ by His Majesties Governour and Council in the _____ year of the Reign of our Soveraign Lord CHARLES the Second by the grace of God of Great Britain France and Ireland King Defendor of the Faith c. and in the year of our Lord God _____ present Insert the Names of the Governour and Council Manner of proceeding in Court Silence commanded then let the Cryer or Under-Sheriff make Proclamation and say O Yes O Yes O Yes Silence is commanded in the Court while His Majesties Governour and Council are sitting upon pain of Imprisonment Suitors to appear After Silence commanded let the Crier make Proclamation saying ALL manner of persons that have any thing to do at this Court draw near and give your attendance and if any one have any Plaint to enter or Suit to prosecute let them come forth and they shall be heard When Silence is thus commanded and Proclamation made upon calling the Docket the Cryer shall call for the Plaintiff Calling the Plaintiff A. B. come forth and prosecute thy Action against C. D. or else thou wilt be Non-suit And the Plaintiff putting in his Declaration the Cryer shall call for the Defendant Calling for the Defendant C. D. come forth and save thee and thy Bail or else thou wilt forfeit thy Recognizance Warrants for Proceedings to be issued by the Clerk For Proceedings in the said Courts Warrants to be issued by the Clerk XX. Actions to be proportioned BE it Enacted Actions shall be proportioned to the number of Twenty for each day That Warrants be issued by the Clerks of the General Courts and the said Clerk so proportion the number of his Actions that there be for each day Twenty And that until there be Twenty Actions entred for the first day no Warrant issue for the second and then Twenty for the second before any issue for the third and so proportionably Twenty per day for so many days as there are Actions to fill with that number It being unreasonable that the Governour and Council should wait a Week for a straggling Business entred at a particular mans pleasure And in case any special Warrant issue that for the extraordinariness of the business may require the Governours own signing It is Enacted That the person first go to the Clerk and there enter his Action and the day of the Return before his Warrant shall be signed And whereas some scruples have arisen about the time Warrants may be served viz. Whether ten days before the Return that is the day mentioned in the Writ to appear At what time Warrants may be served It is hereby declared that Warrants may be served at any time if there be ten days between the Serving and the Return as aforesaid And further That it may be done in Court time for the same Court if there be ten days between the Serving. XXI Courts to sit from Eight to Eleven of the Clock in the Forenoon and from One to Three Afternoon How long Courts shall Sit. BE it also further Enacted That the Court shall each day sit from Eight of the Clock to Eleven in the Forenoon and from One to Three in the Afternoon And for avoiding all Errors that may happen in the Draught for the Orders by the Clerk either through his misapprehending the sense of the Court or the partial Information of any person concerned which he being distracted with the multitude of Business may unwittingly assent to That all Orders of the day be by the Clerk drawn up against next Morning and then read in open Court in presence of the Plantiff and Defendant if they will be present when Rule will be given by the Court for Amendment of Errors Amendment of Errors if any be before they be Entred upon Record and the Plantiff or Defendant if they have any new matter of Plea shall then have liberty to plead it in Arrest of Judgment And the Orders thus publickly read and confirmed shall be
Appeals when they shall be made to the General Court It is Enacted That all Appeals made from October December and other intervening County Courts be made to the next succeeding General Court and from thence to the Assembly and because there may be as great Errors of Judgement or Will in matters of small value as in the greatest It is further Enacted That Appeals shall lie open as aforesaid for any thing of what value soever Always provided That the Appellant put in good Security for Prosecuting the Appeal and payment of Fifty per Cent. Damages to the Defendant if the Appellant be cast in the Suit for his unjust molestation Proviso's in ease of Appeals Provided also That no Appeals be made from Northampton County whose remoteness and dangerousness of passage is such as is not for inconsiderable Causes to be attempted under the value limited by former Acts of Assembly In whaâ— Cases only Appâ—als are to be mâ—â—â— from Nâ—â—â—hâ—mpton County being Three thousand pounds of Tobacco or Thirty pound Sterling any thing in this Act to the contrary notwithstanding And be it further Enacted That all Causes of what Value or Nature soever not touching Life or Member may be tried at the County Courts and that no Arrest be made to the General Court in any Action under the value of Sixteen hundred pound of Tobacco No Appeals from County Courts to the General Court save only in Cases Criminal or Sixteen pounds Sterling upon penalty of Five hundred pound of Tobacco to be paid by the Plantiff to the Defendant for his Charges XXVII Amerciaments in the General Courts Fifty Pound of Tobacco per Cause in County Courts Thirty per Cause WHereas many Suits are raised upon frivolous occasions by Litigous persons for prevention thereof for the future be it Enacted and Confirmed That all persons whatsoever that are cast in any Cause be they Plantiffs or Defendants Amerciaments in General and County Courts stated shall be amerced besides the Damages and Costs to the Recoverers Fifty pounds of Tobacco in General Courts to the use of the Publick and in the County Courts Thirty pounds of Tobacco for the maintainance of the Commissioners for the due Collecting whereof be it Enacted That the Clerks of the General Courts and the several County Courts An Account to be kept of Amerciaments keep an exact Account of the Amerciaments and deliver or send the same to the several Sheriffs of the particular Counties who are hereby required to collect the same with the Levies and are accordingly impowered for Default of payment to make Distress Sheriffs to collect them and commanded not to return any Arrears Executors and Administrators who cannot pay without Orders always excepted XXVIII Subpoena's to be issued by the Clerk BE it also Enacted When the Clerk shall issue Subpoena's and when a Dedimus Potestatem That the Clerk of the General Court shall issue Subpoena's from the Secretaries Office for all Evidences required in the Trial of any Cause there depending if the Witnesses required do not dwell beyond the Bay or the North side of James River and if they do that then a Dedimus Potestatem shall issue for taking the Deposition in the County or Counties where the Witnesses do dwell Evidence shall be given viva voce in Cases Criminal Provided always That in Criminal Causes all Witnesses be bound over to give in their Evidences viva voce at the Trial in the General Court XXIX Dedimus Potestatem how to issue WHereas many Causes between parties and parties are lost for want of Evidence who living so far remote cannot but at a Charge and Expence far exceeding the value of the Cause be brought to give it viva voce at the General Court or at the County Courts if the party dwell out of the County or else a greater mischief is introduced by the partial and illegal Examination of Witnesses in presence of but one party before some one Commissioner perhaps too favourably inclined to the party in whose behalf the Depositions are taken besides the trouble expence and hindrance of the Witnesses themselves who many times are forced One hundred Miles from the Place of their Residence for a small allowance to give Evidence in Trials of petty and inconsiderable values for remedy whereof and that all Parties may with more convenience less trouble and cost have their Evidences impartially and legally taken Be it Enacted and Confirmed That if the Cause to be tried at the General Court the Governour if in any County Court any one of the Council or the Judge of the Court A Dedimus Potestatem in what Cases to be granted by whom and to whom it shall be directed shall Grant and Sign a Writ of Dedimus Potestatem for Examination of Witnesses in the Counties where they dwell directed to Three such Persons as the Plaintiff and Defendant if they both desire the Writ shall by consent make choice of and nominate but if it be the single request of either Plaintiff or Defendant then the Governour Councellor or Judge of the County Court out of Court time shall nominate and appoint three or more such indifferent Persons to Examine all such Witnesses as by the Party desiring the Writ they shall be moved to Summon before them and to this end the Commissioners thus made choice of or appointed to execute the Writ or any two of them shall by the said Writ be impowered and required to appoint a time and place when and where they will receive the Evidences and to issue out Subpoena's for their Appearances accordingly and if upon such Summons any of the Witnesses refuse and neglect to come and give in their Evidences then the Commissioners or any two of them The Non-appearance of Witnesses in case of a Dedimus Potestatem finable be further impowered by this Act to lay such a Fine upon them as the Act of Assembly gives in such Cases for Non-appearance of Witnesses at the General or County Courts Provided always That the Parties procuring the Writ shall give the Party concerned against him notice of the time and place when and where the Commissioners intend to sit at least ten days before the day appointed by the said Commissioners for putting it into Execution And be it further Enacted That the said Commissioners or any two of them which take the said Examinations shall immediately subscribe them seal them and the Writ up and return them with the Writ so sealed up to the Clerk of the General Court if the writ issue from the Governour or else to the Clerk of the County Court whence the Warrant issued by either of the said Clerks to be read at the time of the Tryals of the Cause in either of the said Courts XXX Penalties for Non-appearance of Evidences BE it also Enacted That the Penalties to be inserted in Sub-poena's to the General Courts for Non-appearance of the Evidences summoned Penalty of
evidently appear to the Court that it is justly due to him XLVIII Apprisement of Goods BE it Enacted for the equal Aprisement of Goods seized by Execution That the Plaintiff and Defendant shall choose each of them two indifferent Men for that purpose and in case of disagreement the said four or three of them shall chuse an Umpire which Umpire so chosen shall be sworn by the next Commissioner to apprize such Goods indifferently and his Umpirage to be final Goods seized by whom they shall be appraized And be it further Enacted That if Plaintiff or Defendant shall neglect to appoint Apprizes within three days after Execution is served notice being given them by the Sheriff to whom the Execution was directed that then the Sheriff in such case of neglect shall chuse and appoint Apprizers either for the Plaintiff or Defendant for apprizing the Goods by him seized upon Execution as aforesaid And be it further Enacted Goods shall remain in the Plaintiffs possession till after Appraisement That before such Aprizement the Sheriff shall not remove the Goods out of the Possession of the Plaintiff and the surplusage if any be returned to him but after Apprizement made as aforesaid the property to vest in the Sheriff for the use of the Creditor to whom the Sheriff shall give notice that he may take them into his own possession And because there can be no Averment against a Record it is further Eenacted That the Sheriff make return of the Execution to that Clerk of the County that granted it by him to be entered upon Record under the Order it was issued upon that so the Satisfaction as well as the Judgment may be authentickly proved if occasion require Whereas the Act for the relief of poor Prisoners hath What persons shall have the benefit of the Act made for relief of poor prisoners contrary to the intent thereof been extended to Men of all Capacities and by that means an inconsiderable part of their Estates or at least unprofitable to him whose dependance is Tobacco according to his agreement forced for satisfaction Be it therefore Enacted That henceforth every Debtor under Execution for Debt shall be detained in Prison until he hath paid the Debt in kind but that real poor Men laid under Execution for a Debt under One thousand Pounds of Tobacco shall still have liberty by part of their Estate by some Justice of the County indifferently assigned and by Apprizers summoned by the Sheriff and sworn equally to apprize the said Estate shall make Payment thereof to their Creditor and redeem their Persons XLIX No Commissioner Clerk or Sheriff to be Attorneys in the Court where they officiate No Commissioner Clerk or Sheriff shall be Attorney in that Court wherein he officiates BE it Enacted That neither Sheriff Commissioner Under-Sheriff or Clerk of any Court within this Collony shall be permitted to plead as an Attorney in any persons behalf in the Court wherein he officiates and the said Commissioner Sheriff Under-Sheriff or Clerk offending herein shall for every Default be fined One thousand Pounds of Tobacco The Court may notwithstanding permit a Commissioner to plead a poor mans cause to the use of the County Provided always That if any poor person not able to plead his own Cause shall request the Court to assign him one of the Commissioners to plead for him it shall be lawful for the Court to grant it and for the Commissioner to plead accordingly but the Councellor Commissioner c. so pleading the poor mans Cause not to give Judgement therein Provided also That any Commissioner Sheriff Vnder-Sheriff or Clerk acting as General Attorney for any persons absent out of the Countrey or County and negotiating their Affairs and so liable to be sued for their Imployers such persons notwithstanding this Act shall have liberty also to Plead and Prosecute in any Cause that shall any way concern their said Imployers L. Publication of Writs for Election of Burgesses WHereas frequent Complaints are made by the People that they have no notice of the time appointed for the Election of Burgesses and by that means are deprived of giving their Voices in the Election of their own representatives Writs for Election of Burgesses shall be read publickly in Churches Be it Enacted henceforward That the Sheriffs of the respective Counties shall upon the Receipt of the Writs cause Copies thereof with the day appointed for the Election endorsed to be sent to the Minister or Reader of every Parish in their County who is to read the same to the People two Sundays successively both in the Church and Chappel of Ease to it belonging to the end that no person may pretend Ignorance and return the same to the Sheriff with his attestation subscribed that he hath published the same according to the tenor of this Act which Attestation shall be sufficient to discharge the Sheriff from blame but if the Sheriff neglect to send Copies as aforesaid then to be fined Two thousand Pounds of Tobacco to the use of the County Freemen neglecting to givc their Votes at Elections of Burgesses shall be fined 200 l. of Tobacco and every Freeman after such Publication made neglecting to come and give his Vote at the day appointed for Election shall be amerced Two hundred pounds of Tobacco to the use of the County And be it further Enacted That if the Sheriff shall not before the day of the Return make his due return of the Writ with the names of the Burgesses endorsed into the Secretaries Office at James City the said Sheriff so neglecting shall be Fined Two thousand pounds of Tobacco to the Publick LI. Publick Levies to be first paid BE it also Enacted That no Sheriff shall where he receives Tobacco of any Person indebted for his Levies and also for Fees and other debts due to himself or any other Officers and not paying the whole in kind by which means for part thereof distress must be made shall presume to convert the Tobacco in kind to his own or any other use and force the Countrey Creditor to accept of the Distress or stay for his Debt Debts due to the publick shall be first paid but that all Debts due to the Publick be first paid and the Tobacco in kind paid to the Creditor of the publick whose reputation is by these Evasions often vilified and that the Sheriff making Default herein shall be fined Ten thousand pounds of Tobacco to the use of the publick upon proof thereof made in any Court of Record in this Countrey LII The Sheriff upon the instance of the Treasurer or his Deputy to collect the Quit Rents Quit Rents shall be collected by the Sheriff and shall be paid in Tobacco or Money ANd be it further Enacted That the Sheriff being his Majesties immediate Officer shall upon the instance of his Majesties Treasurer or his Deputy here be compelled to receive all such Quit Rents as the said
that he be fined for such neglect at the discretion of the Assembly Always provided he have the Writs signed Forty days before the day of the Return LXXXIV Burgesses ascertained WHereas the charge of the Assemblies is much augmented by the great number of Burgesses unnecessarily chosen by several Parishes Be it Enacted Two Burgesses from each County That hereafter no County shall send above two Burgesses who shall be Elected at those places in each County where the County Courts are usually kept Provided always That James City being the Metropolis of the Country One for James City in particular shall have the Priviledge to Elect a Burgess for themselves and every County that will lay out One hundred Acres of Land and people it with One hundred Tythable persons that place shall enjoy the like Priviledge LXXXV Burgesses Charges ascertained WHereas the immoderate Expences of the Burgesses causing divers heart-burnings between them and the People occasioned an Injunction to make agreement for the allowance before the Election which may hereafter probably induce interested persons to purchase Votes by offering to serve at low Rates by which means that Candour and Freedom which should be in the Choice of persons credited with so honourable and great a trust might be very much prejudiced and the place it self become mercenary and contemptible Be it therefore Enacted That the maintainance of every Burgess shall be One hundred and Fifty pounds of Tobacco and Cask per day besides the necessary charge of going to the Assembly and returning LXXXVI Burgesses to appear upon the Day VVHereas many Inconveniences happen by the not appearing of Burgesses upon the precise day of the Return of the Writ as leaving the business of the greatest Importance the prudent choice of a Speaker to a small party that first appears upon which divers Animosities may arise in some that dislike the Election to the great detriment of the Publick Affairs which by this means are retarded and the charges of those Counties whose Burgesses first appeared increased Be it therefore Enacted That what Burgess soever shall fail in making his Appearance and attending the Assembly precisely upon the day of the return of the Writ shall be fined for every days Absence Fine laid upon Burgesses for not appearing on the precise day of the Writ Three hundred pounds of Tobacco to be disposed of by the Assembly unless he be obstructed by some such Impediment as the House shall judge might be a lawful and reasonable Cause to hinder his Coming LXXXVII Burgesses not to be Arrested FOR the dispatch and reputation of the Publick Business Be it Enacted That none of the Burgesses of any Assembly nor any of their Attendants shall be Arrested from the time of their Election until Ten Days after the Dissolution of the Assembly wherein he serves as a Burgess Provided That if the Assembly be Adjourned for above a Month Burgesses not to be Arrested unless the Assembly be adjourned for above a Month. the several Burgesses shall Ten days after that Session be liable to Arrests and other Processes and if in the interval of Sessions they be Arrested and Prosecuted to Execution and that served the Execution shall be suspended Ten days before the next Session of that Assembly and continue so until Ten days after it at which time the priviledge of Burgess shall cease and determine LXXXVIII No Order to contradict an Act. BE it Enacted and Confirmed That no Act of Court or Proclamation No act of Court or Proclamation shall contradict an Act of Assembly shall upon any pretence whatsoever enjoyn Obedience thereunto contrary to any Act of an Assembly until the reversal of that Act by a succeeding Assembly LXXXIX Assemblies to enquire after the Breach of Laws WHereas several Laws have been by divers Assemblies made for the good of this Country which for want of due Observation have not produced the desired Effect And whereas it is by this Assembly Enacted That the Grand Jury of Inquests should twice annually make Presentment of the breach of all Penal Laws and that the Assembly should dispose of the Fines levied upon the several Offenders for the use of the Counties wherein they accrued due Be it Enacted That for the future the first day of every succeeding Assembly shall be imployed in receiving the said Presentments of the Grand Jury and to enquire into the remissness of Juries and Courts and how the Laws have been put in Execution and disposing the Fines that by that means the Laws may be restored to their due Vigor and Offenders be deterred from Neglect or Contempt when they shall find a severe Account of their Observation is so diligently enquired into XC Publick Letters how to be Conveyed WHereas the remoteness of divers places in the Country from James City and the necessity of communicating divers Businesses to the utmost limits of it would if messengers were pressed purposely put the Country to an annual great expence for prevention thereof Be it Enacted That all Letters superscribed for the use of his Majesty or the Publick shall be immediately conveyed from Plantation to Plantation to the place and person they are directed to under the penalty of Three hundred and Fifty pounds of Tobacco to each default and if any Person be put thereby to any extraordinary Charge Extraordinary Charges in conveying publick Letters to be allowed by the County Courts the Court of each County is hereby authorized to judge thereof and to levy payment for the same the Superscriptions being signed by the Governour some one of the Quorum or the Collonel Lieutenant Collonel or Major of a Regiment and where any person in the Family the said Letters come to can Write such person is required to endorse the day and hour he received them that the neglect or contempt of any person stopping them may be the better known and be punished accordingly XCI Divulgers of false News WHereas many idle and busie-headed People do forge and divulge false Rumors and Reports to the great disturbance of the Peace of his Royal Majesties leige People in this Collony Be it Enacted That what person or persons soever shall forge or divulge any such false Reports tending to the trouble of the Country Divulgers of false News fined Two thousand pounds of Tobacco and to give Security for their good Behaviour he shall be by the next Justice of the Peace sent for and bound over to the next County Court where if he produce not his Author he shall be fined Two thousand pound of Tobacco or less if the Court think fit to lessen it and besides give Bond for his Behaviour if it appear to the Court that he did maliciously publish or invent it XCII Chirurgeons Accounts regulated VVHereas the excessive and immoderate Prices exacted by divers a varitious and griping practicioners in Physick and Chirurgery hath caused several hard-hearted Masters swayed by profitable more than charitable respects rather to expose
That all persons brought as Servants into this Country of what Christian Nation soever they be should serve no longer than our own Nation which is Five Years All Servants coming in without Indenture shall serve Five years if above Sixteen years of Age and all under till they are Four and twenty if above Sixteen Years of Age if under until One and twenty as by the Thirtieth Act of the said Assembly appears and in regard the said Thirtieth Act doth contrary to Law look backward and set free several Servants Aliens purchased upon a former Act of Assembly made the Fourth of _____ 1654. Be it therefore Enacted That all Aliens and others coming in while that Act and the others are in force shall serve according to those Acts and that for the future all the aforesaid Acts shall be repealed and all Servants hereafter coming in without Indenture shall serve Five Years if above Sixteen Years of Age and all under that Age shall serve until they be Four and twenty Years Old that being the time limited by the Laws of England and that the several Courts at the Request of the Master make Inspection and judge of their Age. XCIX Against secret Marriage VVHereas much loss and detriment doth arise to divers Masters of Families by the Secret Marriages of Servants the said Servants through that occasion neglecting their Works and often purloining their Masters Goods and Provisions Be it therefore Enacted That no Minister either Publish the Banes or Celebrate the Contract of Marriage between any Servants unless he have from both their Masters a Certificate that it is done with their consent Servants may not be Married without producing Certificates from their Masters and the Minister doing otherwise shall be Fined Ten thousand Pounds of Tobacco and the said Servants both Man and Woman that shall by any indirect means procure themselves to be Married without consent of his and her Master shall for such their Offence each of them serve their respective Masters One whole Year after the time of Service by Indenture is expired And if any person being free shall clandestinely marry with a Servant as aforesaid he or she so marrying shall pay to the Master of the Servant Fifteen hundred Pounds of Tobacco or a Years Service and the Servant so being married shall abide with his or her Master the time by Indenture or Custom and a year after as aforesaid C. Against Fornication FOR restraint of the filthy Sin of Fornication Be it Enacted That what Man or Woman soever shall commit Fornication he and she so offending Persons convicted of fornication Fined Five hundred pounds of Tobacco upon proof thereof by Confession or Evidence shall pay each of them Five hundred Pounds of Tobacco Five to the use of the Parish or Parishes they dwell in and be bound to their good Behaviour and be Imprisoned till they find security to be bound with them and if they or either of them committing Fornication as aforesaid be Servants then the Masters of such Servants so offending shall pay the said Five hundred pounds of Tobacco as aforesaid for which the said Servant shall serve half a year after the time by Indenture or Custom is Expired Servants guilty thereof how to be punished and if the Master shall refuse to pay the Fine then the Servant to be Whipped and if it happen that a Bastard Child be gotten in such Fornication then the Woman if a Servant in regard of the loss and trouble her Master sustains by her having a Bastard shall serve two years after her time by Indenture is Expired or pay Two thousand pounds of Tobacco to her Master besides the Fine or Punishment for committing the offence and the reputed Father to put in security to keep the Child and save the Parish harmless CI. Hired Servants VVHereas divers persons that by Indenture Custom or After-Contracts for Wages being Servants to several Men do many times run away to Plantations far remote and there being unknown procure Entertainment with others for Wages or Shares to the great damage and sometimes utter undoing of their true Masters and also of those that ignorantly entertain them by paying the Fine for prevention whereof for the future and for the better discovery of such Run-aways Be it Enacted That all Servants at the Expiration of their time shall with their Master or a sufficient Testimonial from him Servants when their time is expired shall take Certificates of their Freedom go to the Court in that County where he served and there enter his Freedom and take Certificate thereof from the Clerk of the said Court which Certificate shall be sufficient Warrant for any person to entertain him into his Service and whoever after his first time by Indenture is expired and Certificate thereof taken out as aforesaid shall again upon any Terms become servant to another the Master then hiring the said Servant shall take his Certificate of Freedom and keep it until the time contracted for be expired and whoever shall entertain or harbour any Servant or hired Free-man running away from his Masters Service and not having a Certificate as aforesaid shall pay to the Master of the said servant Thirty pounds of Tobacco per day and night for all the time they shall harbour or entertain them And produce them when entertained by other Masters Provided that if such Run-away Servants shall forge a Certificate or steal the true one from the Master he is hired to and by that means procure himself Entertainment the person entertaining him shall be free from the Fine but the Servant stealing or forging a Certificate shall be punished for his forgery by standing in the Pillory two hours upon a Court day and if any person coming free into the Country shall by any Contract agree with one person and before the time agreed for be accomplished shall depart to annother he shall first perform the tenor of his Contract first made and pay the apparent Damages that shall arise by his breach of Covenant and shall after that satssfied be liable to the payment of what Damages any other Contractor with him shall recover of him by Law and in regard the Certificates of Freedoms may be worn out and lost and by those means New ones be required It is further Enacted That every Clerk upon such pretence granting a new Certificate shall mention in that the loss of the first and that for that cause this second was issued CII Run-aways WHereas there are divers loitering Run-aways in this Country who very often absent themselves from their Masters service and sometimes in a long time cannot be found the loss of their time and the charge of the seeking them often exceeding the value of their labour Be it therefore Enacted That all Run-aways that shall absent themselves from their said Masters Service shall be liable to make satisfaction by service after the times by Custom or Indenture are expired Viz. double their time
obtain Credit here and contract several Engagements notwithstanding which Engagements past for valuable Considerations it often happens that the whole Estate is by pretended Accounts out of England Debts contracted in Virginia shall be first satisfied and Forreign parts taken away and the Countrey Creditors deprived by that means of their just Dues which this present Grand Assembly taking into their serious consideration Have therefore Enacted That in such Cases all Courts shall give a priority in Judgments for Debts contracted in the Countrey if the Claim be made within Twelve Months before which time no Forreign Debt shall be Pleadable unless there be Effects remaining after the Countrey Debts are paid But this Assembly intending hereby but only the prevention of frauds not the prejudice of any just Creditor that hath bonâ fide adventured his Goods into this Countrey hath therefore further Enacted That if any Factor coming out of England or any other of his Majesties Plantations shall within two Months after his Arrival make Entry in any Court of Record of the name of the Person adventuring by him and the value of the Goods adventured every such Adventurer shall if the Factor die have equal Pleading with the Inhabitants of this Countrey But in case no such Entry be made all Goods imported shall be taken to be the proper Estate of the Possessor And to the end all Merchants and other Persons concerned may have notice hereof It is further Enacted That this Act shall not be in force until the first of March 1665. II. An Act for Frontiers to be seated with Four able Hands WHereas Experience hath evidenced that the weakness of the Frontier Plantations hath animated the Indians to commit several horrid Murders This Grand Assembly endeavouring as much as may be the prevention thereof for the future have Enacted Plantations on the Frontiers to be strengthened with Four able Men well armed and by these presents do Enact That no person shall hereafter seat above the Plantations already seated but with Four able Hands well Armed at his first seating down Provided That such Persons that have already patented Land in any remote Parts may have Seven years granted them to seat and strengthen each particular Plantation with the aforesaid number of Four Men or else desert their Land III. An Act for Liberty to Plant. VVHereas many Endeavours have been used to induce the Province of Mary-Land to comply with this Government in the Endeavours of lessening the Quantity and advancing the Value of Tobacco which could it have been effected had undoubtedly much augmented the Happiness and Prosperity of both Countries but since the Government of Mary-Land have after so many Treaties and frustrated Expectations still continued their aversness Acts restraining Planting Repealed This Grand Assembly not thinking fit to lay a restriction upon this Government while they have so great a liberty have therefore repealed and anulled and do by these Presents repeal and anull all Acts or Proclamations whatsoever any way restraining the Inhabitants of this Countrey from making their utmost benefit of their Labour the ensuing year IV. An Act for the proportioning all Actions to the Forenoon and Afternoon WHereas the dispatch of business to the General Courts is very much retarded by the liberty granted to all persons Arrested to the said Courts to appear at any time within the day assigned in the Writ by the Plantiff by which means most Causes are referred to the Afternoon and that time being insufficient to hear and determine the said Causes the Court is thereby necessitated to put Business out of Course by referring them to the next Morning For prevention of which Inconveniences this Grand Assembly have thought fit to Enact and it is by the Authority thereof Enacted The time for Issuing out of Writs regulated That all Writs that shall for the future issue out of the Secretaries Office returnable to the General Court shall be divided according to the respective days into Ten for the Forenoon and Ten for the Afternoon and if the Plantiff shall at that time fail in appearing to prosesecute a Non-suit shall be granted against him and Judgment against the Defendant or Bail or Sheriff in case the Defendant fail of his Attendance to Answer V. An Act concerning the regulating the Secretaries-Office WHereas it is evident that in all Countreys the well and ill keeping of the Records is of the highest Consequence as being the only means to preserve the Rights and Properties of all the Inhabitants of the same and since it appears that there hath been a great Neglect in keeping the Records in this Countrey For remedy whereof for the future the Grand Assembly at the instance of the present Secretary Thomas Ludwel Esq have thought fit to Enact and be it by the Authority thereof Enacted That Captain Robert Ellison The Records to be carefully Stated Mr. Walter Chiles and the Clerk of the Assembly be appointed by the House to examine and state the Records as they now are and that for the future as soon as there is a place convenient to receive them No person may be permitted to view them without publick Order except only the Clerks of the Office or whom else the Secretary shall appoint no Person may have a view of them unless upon publick Order but the Clerks of the Office or whom else the Secretary shall appoint it being impossible to keep the Records certain when they are prostituted to the view of every one that will look into them who may as their interest leads rend out what may make against them Provided That any Person having occasion may be with the Clerk when he makes the Search for which Search there shall be paid to the Clerk for his Fee One Shilling or Ten pounds of Tobacco besides paying for the Copy of the thing searched for The Clerks Fee for searching the Records And it is further Enacted That but half that Fee shall be paid to the Clerk for searching the County Court Records VI. An Act for conveneing of the People upon the Summons of the Burgesses to adjourn Assemblies VVHereas the principal end of the Convention of Assemblies is the making Provisions for the peoples Safety and redress of the Grievances which being usually made known to the Burgesses of the respective Counties at the place and time of their Elections which upon Adjournment of Alsemblies is not done Notice to be given to the people by Proclamation when the Assemblies are to be adjourned by reason the Sheriff does not make publication of their Summons It is Enacted That for Convention of the Burgesses at this or future Assemblies adjourned timely notice may be given to the people by publication in the Parish Churches of the day appointed by the Sheriff of their meeting at the usual places of Election to present their Grievances to the Burgesses VII An Act concerning VVidows Thirds WHereas some doubts have arisen about the proportioning and
be borne and allowed by the Publick and for the lessening the charge heretofore brought for transporting provisions and the better and more sure providing the same Be it Enacted by the Authority aforesaid that each Souldier be allowed such Proportions of Corn and Meat as is set down in the before recited Law and that Collonel William Bird as undertaker in this Present Assembly do forthwith begin and all along continue from four months to four months Persons intrusted to make Provision for the Souldiers belonging to the Garisons to provide and furnish the provision and Corn for the Garrisons and Souldiers at the head of James River and deliver the same so convenient to the Garrisons as that the same may be conveniently secured and fetcht in by the Souldiers thereof without further charge to the Country Their Allowanâ—â— For which Provisions he the said Colonel William Bird shall be paid and allowed by the publick after the rate of two Thousand pounds of Tobacco and Cask per Annum for each Souldier at the said Fort and that Captain John Langhorn as Undertaker in this present Grand Assembly make like Provisions and delivery thereof for York River Fort and have like pay from the publick and that Robert Beverly as Undertaker in this present Grand Assembly make like Provisions and Delivery thereof for Rapahannack River Fort and have like pay from the publick and that the Rules in the former Law be observed for providing Provisions for Potomack Fort and because by Reason of the Poverty of this Countrey the number of Souldiers appointed for each Garrison at the Countreys charge is so few and that in all likelyhood there may be found emergent Occasion to Reinforce each Garrison with one or more Souldiers his Excellency is humbly Requested as he shall see cause from time to time to place in each Garrison such Number of his Majesties Foot-souldiers now in the Countrey as from time to time shall be thought fit and needful and for such Souldiers so placed their Allowance of Provisions shall be from time to time made and provided at the Countrys charges as is proportioned and allowed for the other all such Souldiers being furnished and supplyed with his Majesties Arms and Ammunition and provided with their own Bedding to be carryed to such Garrison at the charge of the countrey and to the end such Provisions as aforesaid may be always ready and at hand it is hereby Enacted by the Authority aforesaid that every Undertaker hereby and herein in this Act nominated do for the first four Months and for every other succeeding four Months provide and lay in for each Garrison five Months proportionable Allowance and also from time to time furnish such other quantities proportionable and for each such Supernumerary Souldier as shall be sent according to the time such Souldiers shall be continued there Five Months Provisions in each Garrison and as the said Undertakers shall from time to time receive Notice thereof and Direction for the same from each Respective Commander in chief for such Garrison as he hath Undertaken for and for such Provisions he shall be paid by the publick according to the Rates before mentioned Provided always and his Excellency is desired if he see cause to draw off ten of the Souldiers from each Garrison for the ease of the Country supplying the same with ten of his Majesties Souldiers at each Garrison and such ten to have the Horses Arms and Furniture of those that shall be withdrawn V. An Act for Cohabitation and Encouragement of Trade and Manufacture THis present General Assembly having taken into their serious consideration the great necessity usefulness and advantages of Cohabitation in this his Majesties Colony of Virginia and observing and foreseeing the great extremities his Majesties Subjects here must necessarily fall under by the present and continued Lowness of the price of Tobacco the only Commodity and Manufacture of this Countrey if the same be not by all prudential wayes and means prevented and considering that the building of Store-houses for the reception of all Merchandizes imported and receiving Securing and laying ready all Tobaccoes for exportation and for Sales and disposal of all Goods Merchandizes and Tobaccos imported or exported into or from this his Majesties Colony of Virginia will be one great means of advancement thereof do pray your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majestie by and with the Consent of the General Assembly and it is hereby Enacted by the Authority aforesaid Fifty Acres of Land in each County shall be set apart to Erect Store-houses upon for the use of the said County that thereby within two Months next and imediatly after publication hereof in every respective County within this his Majesties Colony fifty Acres of Land purchased by the Feoffees of the several Counties at the rates herafter set down and measured about laid out and appointed for a Town for Store-houses c. for such County as is hereafter set down and Expressed that is to say Places in each County where the said Store-houses shall be built In Henrico County at Verina where the Court-house is In Charles-City County at Flower-de-hundred over against Swynyards In Surry County at Smiths Fort. In James-City County at James-City In Isle of Wight County at Pates-field at the parting of Pagan Creek In Nanzemund County at Collonel Dues Point alias Huffs-point In Warwick County at the mouth of Deep Creek on Mr. Mathew's Land In Elizabeth-City County on the West-side Hampton River on Mr. Thomas Jarvis his Plantation where he now lives In Lower Norfolk County on Nicholas Wise his Land on the Eastern Branch of Elizabeth River on the Entrance of the Branch In York County on Mrs. Redds Land where the Shipp Honours Store was including the Low Beach for Landing Wharfes c. and the Old field where Webber dwelt for Cohabitation In new Kent County at the Brick-house along the high Land in the old field from Marsh to Marsh In Glocester County at Tindalls Point on Tindalls Creek side on John Williams his Land In Middlesex County on the West-side of Ralph Wormleys Esquire his Creek against the Plantation where he now lives In Rappahannack County at Hobbs his hole In Stafford County at Peace point at the mouth of Aquia on the North-side In Westmorland County at Noming on the Land of Mr. William Hardridge In Accomack County at Colverts Neck on the North-west-side at the head of Anancock Creek In Northampton County at the North-side of Kings Creek beginning at the mouth and so along the Creek on the Land belonging to Mr. Secretarys Office In Lancaster County on the North-side Corotomen River against the place where the Ships ride on a point of Land belonging to Mr. Edward Carter about a quarter of a mile up the Creek which divides Mr. Thomas Chewnings and the Court-house In Northumberland County at Chickacony And Be it forther Enacted by the
or Attorneys so Licenced as aforesaid take demand or receive from any persons for any cause in the general court Five hundred pound of Tobacco the Attorney Fee for pleading a Cause in the General Court and 150 for every cause in County-courts and bringing the same to Judgment more then five hundred pounds of Tobacco and Cask and for any cause in the County-court and bringing the same there to Jugdement more then one hundred and fifty pounds of Tobacco and Cask and it is hereby declared and enacted that every Attorney or Attorneys shall have for every cause he undertakes in the general court five hundred pounds of Tobacco and Cask and for every cause he undertakes in the County-court one hundred and fifty pounds of Tobacco and Cask which he may Lawfully claim without any Pre-agreement made with the parties for the same and be it further Enacted by the Authority aforesaid and it is hereby Enacted that all such Attorney or Attorneys that shall refuse to plead any cause in the general court for the aforesaid ascertained Fee of five hundred pounds of Tobacco and Cask shall forfeit and pay to the person grieved five hundred pounds of Tobacco and Cask after Legal conviction on due proof thereof made to be Recovered by due Process of Law Fine laid on Attorneys Refusing to plead for the Fee aforesaid and upon Refusal of any cause in the County-Court shall pay to the party grieved one hundred and fifty pounds of Tobacco and Cask after legal conviction as aforesaid to be Recovered by due process of Law Any Person may notwithstanding plead his own cause Provided always that this Act or any clause therein shall not extend to debar any man that is capable of pleading and managing his own cause in any the said general or County-courts but that he may be permitted and allowed to plead and manage his own business any thing in this Act to the contrary notwithstanding VII An Act Ascertaining the time when Negro-Children shall be Tythable WHereas it is deemed too hard and severe that children as well Christian as Slaves imported into this Colony should be lyable to Taxes before they are capable of working Be it Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid that all Negro Children imported or to be imported into this Colony shall within three months after the publication of this Law or after their arrival be brought to the County-Court where their Age shall be adjudged of by the Judges holding Court and put upon Record which said Negro or other Slave so brought to Court Adjudged and Recorded shall not be accounted Tythable until he attains the age of twelve years Negro Children imported shall not be accounted Tythable till 12 years of Age. any former Law Usuage or Custom to the contrary notwithstanding And be it further enacted by the Authority aforesaid and it is hereby enacted that no Christian Servants imported into this Country And Christian Servants Imported not till they are 14. shall be Tythable before they attain to the age of fourteen years any former Law Usage or Custom to the contrary notwithstanding VIII An Act Licensing a Free Trade with Indians BE it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly that all former Acts of Assembly Restraining Limiting and Forbidding Trading with Indians be and stand hereby Repealed and they are hereby Repealed and that henceforth there be a free and open Trade The time this Act shall continue in force for all persons at all times and places with our friendly Indians and that this Act continue in force until the end of the next Sessions of Assembly IX An Act ascertaining Allowance for Cask BE it enacted by the Kings most excellent Majesty and with the consent of the General Assembly and it is hereby Enacted that from and after the Publication of this Law the allowance of Cask for Publick County and Parrish-Levys and for Clerks and Sheriffs Fees be eight per Cent. and no more Allowance of Cask for Publick and County Levys c. shall be eight per Cent. and no more and that all Sheriffs or other Collectors of the same shall allow the Planter or others eight per Cent. for his Cask as aforesaid upon Penalty of paying for refusing so to do one hundred pounds of Tobacco to the Party grieved and to whom he shall deny such allowance on due proof thereof made to be recovered by action of Debt in any Court of Record or before one single Justice of the Peace if the same exceed not Two Hundred Pounds of Tobacco X An Act for preventing Negroes Insurrection WHereas the frequent meeting of considerable numbers of Negro-Slaves under pretence of Feasts and Burials is judged and deemed of dangerous consequence for prevention whereof for the future Be it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid that from and after the Publication of this Law it shall not be lawful for any Negro or other Slave to carry or arm himself with any Club Staff Gun Sword or any other Weapon of Defence Negroes shall not go armed nor depart from off their masters ground without Certificate or offence nor to go or depart from off his Masters Ground without a Certificate from his Master Mistress or Overseer And such permission not to be granted but upon particular and necessary occasions and every Negro or Slave so offending not having Certificate as aforesaid shall be sent to the next Constable who is hereby enjoyned and required to give the said Negro twenty lashes on the bare back well laid on and so sent home to his said Master Mistress or Overseer Resistance of Negroes or any other slaves punished and it is further enacted by the Authority aforesaid That if any Negro or other Slave shall presume to lift up his hand in opposition against any Christian shall for every such Offence upon due proof made thereof by the Oath of the Party before a Magistrate have and receive thirty lashes on the bare back well layed on And it is hereby further enacted by the Authority aforesaid that if any Negroe or other Slave shall absent himself from his masters service and lye hid and lurking in obscure places committing injuries to the Inhabitants shall resist any person or persons that shall by any lawful authority be imploied to apprehend take the said Negroe that then in case of such resistance Fugitive-Negroes resisting such as are imployed to apprehend them may be killed it shall be lawful for such person or persons to kill the said Negroe or Slave so lying out and resisting and that this Law be once every six months published at the Respective County-Courts and Parish Churches within this Colony XI An
first purchase of such servants by some Christian although afterwards and before such their importation and bringing into this Country they shall be converted to the Christian Faith and all Indians which shall hereafter be sold by our Neighbouring Indians or any other Trafficquing with us and for as slaves are hereby adjudged deemed and taken and shall be adjudged deemed and taken to be slaves to all intents and purposes any Law Usage or Custome to the contrary notwithstanding II. An Act declaring Indian-Women-Servants Tythables WHereas it hath been doubted whether Indian-Women-Servants sold to the English above the age of sixteen years be Tythables Be it enacted and declared and it is hereby enacted and declared by the Governour Council and Burgesses of this General Assembly and the authority thereof That all Indian-Women are and shall be Tythables and ought to pay Levies in like manner as Negro Women brought into this Country do and ought to pay III. An Additional Act for the better preventing Insurrections by Negroes WHereas a certain Act of Assembly held at James City the eighth day of June in the year of our Lord 1680. Entituled An Act preventing Negroes Insurrections hath not had its intended effect for want of due notice thereof being taken It is enacted by the Governour Council and Burgesses of this Present General Assembly and by the authority thereof that for the better putting the said Act in due execution the Church-Wardens of each Parish in this Country at the charge of the Parish by the first day of January next provide True Copies of this and the aforesaid Act and make or cause entry thereof to be made in the Register Book of the said Parish The Act of the eighth of June 1680. for preventing Insurrections of the Indians shall be read publickly in all Churches and Chappels of Ease twice every year and that the Minister or Reader of each Parish shall twice every year viz. Some one Sunday or Lords-day in each of the Months of September and March in each Parish-Church or Chappel of Ease in each Parish in the time of Divine Service after the Reading of the Second Lesson Read and Publish both this present and the aforesaid recited Act under Pain such Church-Warden Minister or Reader making default to forfeit each of them six hundred pounds of Tobacco one half to the Informer and the other half to the use of the Poor of the said Parish And for the further better preventing of such Insurrections by Negroes or Slaves Be it likewise Enacted No person shall permit any Indian or Slave not belonging to him to continue on this Plantation above four hours without leave of the said Indians or slaves Master and it is hereby Enacted by the authority aforesaid that no Master or Overseer shall at any time after the twentieth day of January next knowingly permit or suffer without the leave or licence of his or their Master or Overseer any Negro or Slave not properly belonging to him or them to remain or be upon his or their Plantation above the space of four hours at any one time contrary to the intent of the before recited Act upon pain to forfeit being thereof lawfully convicted before some one Justice of the Peace within the County where the Fact shall be committed by the Oath of Two Witnesses at the least the Sum of two hundred pounds of Tobacco in Cask for each time so offending to him or them that will sue for the same for which the said Justice is hereby impowered to award Judgment and Execution IV. An Act Prohibiting the Exportation of any Iron Wool Wolfels Skins Hides or Leather VVHereas it is found by experience that Iron Wool Wolfels Skins and Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf are very necessary and profitable for the use and support of the Country and would be found profitable for the setting to work many men women and children in this Country which lye idle for want of Employment some naked for want of such Necessaries as might be wrought out of the same which they are kept from by Reason of the great quantities of them Yearly exported out of the Country to the great Impoverishment of the Inhabitants thereof for the better preventing and avoiding such Losses and Inconveniencies that have happened and do and may happen to this Dominion by and through the carrying and conveying away the Exportation and Transportation of Iron Wool Woolfs-Skins or Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf out of and from this Country and for the better setting on work the poorer and weaker sort of People of this Country and to the intent that the full and best use and benefit of such principal Native Commodities may come and redound and be unto and amongst the Inhabitants of the same the House of Burgesses now assembled do pray that it may be enacted and be it enacted by the Governour Council and Burgesses of this General Assembly and by the Authority of the same That no person or persons whatsoever from and after the first day of January next shall directly or indirectly export transport carry or convey or cause to be exported transported carryed or conveyed out of or from the Dominion or country of Virginia into any parts or places out of the same any Iron Wool Wolfels Skins or Hides or any manner of Leather Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf nor shall directly nor indirectly load or lay on board or cause to be loaden or laid on board in any Ship Sloop Boat or other Vessel in any place or port within this Dominion any such Iron Wool Woolfels Skins or Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf except only such Hides and Iron as shall appear by the Oath of the Owner to be directly transporting to some Tan-house or Smiths in this Country to be there wrought up And be it further enacted by the Authority aforesaid that all and every the Offender and Offenders Offence and Offences aforesaid shall be Subject and Lyable to the Respective Pains Penalties Forfeiture of Iron Wool Hides c. Tanned or Vntanned put on Board for Exportation and Forfeiture hereafter following that is to say the said Iron Wool Woolfels Skins or Hides or any manner of Leather Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf so put on board to be Exported Transported carryed conveyed or loaden contrary to this Act shall be forfeited and that every Offender and Offenders therein shall forfeit forty pounds of Tobacco for every pound of Wool and Woolfels and one hundred and fifty pounds of Tobacco for every Skin or Hide or any manner of Leather Tanned or Untanned of any Deer Ox Bull Cow or Calf and Ten Pounds of Tobacco for every pound of Iron and also the Owner or Owners of such Ship or Vessel knowing such Offence shall forfeit all their Interest in the said
every time he shall neglect such Ranging and Scouting one Thousand pounds of Tobacco and Cask and that every Souldier that shall neglect or omit to appear at such Muster shall forfeit one hundred pounds of Tobacco in Cask and for not Scouting and Ranging as aforesaid two hundred pounds of Tobacco and Cask for every such default all which Forfeitures to be Recovered by Action of Debt by him or them that will inform the one half to the Informer and the other half to the use of the County And be it further enacted by the auhtority aforesaid that upon Notice Advice or Discovery of the Approach or Attempt of any Enemy the said Captain or Corporal of the Troop is hereby Required to give speedy Advice thereof to some one or more of the chief Officers of the Militia The Captain of the said troop upon approach of any Enemy shall give Notice thereof to the Officers of the Militia and he or they to his Excellency the Governour the Right Honourable the Deputy Governour or some one of the Honourable Council and in the mean time to observe and attend the Motion of the Enemy only unless he shall obstinately persist to commit Acts of Hostility and in such cases of Necessity to engage or destroy them if he see cause and in all things to attend and execute such Orders and Commands as he shall receive from the Governour and Council And it is further enacted That for their better Management and Orâ—ering their Horses and making them fit for service no Souldier presume to use or bring to service any other Horse then that only which shall be first Mustered and approved of of which each Captain is to take such Particular Notice as that he may know the Horse again unless in case such Horse shall be by some accident made unfit for service in which case such Souldier may provide himself of another able Horse in his stead which he is likewise not to part with unless for his first Horse again and this Act to continue in force for three years from the first day of January now next ensuing Provided always and be it enacted by the Authority aforesaid That the aforesaid Recited Act of the 8th of June 1680. Intituled An Act for the Continuation of the several Garrisons and Fortifications at the Heads of the four great Rivers be Repealed and it is hereby Repealed for three years under his Majesties good Liking and after until his Majesties Pleasure shall be signifyed to the contrary any thing herein to the contrary notwithstanding VIII An Act imposing further Penalties upon any person or persons that shall Publish or Declare that the Acts of Assembly of Virginia are not of force THis Assembly taking into their serious consideration that divers ill disposed persons wickedly intending to invalid the Laws of this Country and bring them into contempt and disrepute have moved and stirred certain doubts whether there be any Laws in force and efficacy so as to be binding to his Majesties Subjects being in this his Majesties Dominion of Virginia for preventing of such mischiefs Be it enacted by the Governour Council and Burgesses of this General Assembly and it is hereby Enacted and declared That if any person or persons shall at any times after the Publishing this Present Act maliciously and advisedly publish and declare by words or writing the Acts of Assembly of Virginia not repealed expired vacated or annulled by the Kings Most Excellent Majesty are not of force or binding within this his said Majesties Dominion to all his Majesties Subjects inhabiting or being therein such person or persons so offending shall be adjudged deemed and taken to be factious and seditious and contemners of the Laws and being thereof lawfully Convicted shall for the first offence be fined one Thousand Pounds of Tobacco and suffer one months Imprisonment without Bail or Mainprize and for the second offence Two Thousand Pounds of Tobacco and two months Imprisonment and for every such offence after double the Penalties and Forfeitures aforesaid one half of which Forfeitures to the Kings Majesty his Heirs and Successors and the other half to the Informer to be recovered by action of Debt in any of his Majesties Courts in this his Majesties Country which said Penalties are to be added and imposed over and besides all other Punishments that may be legally inflicted on such Offenders IX An Act Repealing an Exception in the 9th Act of Assembly made Anno 1664. WHereas the 9th Act of Assembly made at James City the twentieth day of September 1664. Intituled An Act concerning Arrests in Court-time exempt the Inhabitants of James-City-County from the benefit thereof leaving them lyable to Arrests in time of General Courts and Assemblies which is found injurious to many of the Inhabitants of the said County Be it therefore enacted by the Governour Council and Burgesses of this General Assembly and it it enacted by the authority aforesaid that the latter clause of the said Recited Act whereby the Inhabitants of the said County are excepted out of the said Act The Inhabitants of James-City-County freed from Arrests during the General Assembly be repealed and made void and that the Inhabitants of the said County have equal benefit of the said Recited Act with the other Inhabitants of this Country Provided alwayes nevertheless that this Act shall not extend to the Inhabitants of James-City but that they and every of them shall be lyable to Arrests in Court-time as though the Exception in the said Act of Assembly But not the Inhabitants of James-City Anno 1664. did still remain in full force any thing in this Act before mentioned to the contrary notwithstanding X. An Act that Witnesses be free from Arrests FOr asmuch as many Persons Summoned or Subpena'd as Evidences in Causes depending in the Courts of this Countrey many times fail in appearing for fear of being Arrested when they appear at Courts as Witnesses whereby many times many Inhabitants of this Countrey lose their Suits and just due Be it enacted by the Governour Council and Burgesses of this General Assembly and it is enacted by the Authority aforesaid that from henceforth all Persons Subpena'd as Evidences or Witnesses in any Cause or matter depending in any Court in Virginia shall be free from Arrests for any Debts or Trespass except at the Kings Suit during their Attendance at Courts and their direct coming to Court and Returning Home XI An Act for the Encouragement of the Manufactories of Linnen and Woollen Cloth BE it Enacted by the Governour Council and Burgesses of this General Assemby and it is hereby Enacted by the Authority aforesaid That what person or persons soever shall produce to the County-court where he or they shall Reside a Certificate under the hands of two Justices of the Peace of the same County whereof one to be of the Quorum that such Person or Persons have produced to them upon Oath of his or their own Growth or