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23. That every dwelling house shall be pallizaded in for Dwelling defence against the Indians.*
24. That no man go or send abroad without a sufficient Precaution partie will armed.
That the inhabitants go not aboard ships or upon
25. That men go not to worke in the ground without The same. their arms (and a centinell upon them.)
as to arming men.
This and the subsequent acts grew out of the situation of the country, arising from the late massacre.
ants not to absent themselves
Precautions as to
27. That the commander of every plantation take care that there be sufficient of powder and amunition with- powder in the plantation under his command and their pie- and arms. ces fixt and their arms compleate.
28 That there be dew watch kept by night.
29. That no commander of any plantation do either Powder himselfe or suffer others to spend powder unneccessarily in drinking or entertainments, &c.
not to be unnecessa
Persons of quality, delinquents, instead of
30. That such persons of quality as shall be founde delinquent in their duties being not fitt to undegoe corporal punishment may notwithstanding be ymprisoned at the discretione of the commander & for punishgreater offences to be subject to a ffine inflicted by ment to be the monthlie court, so that it exceed not the value imprisonaforesaid.
31. That every man that hath not contributed to the Castle du finding a man at the castell shall pay for himself and
fall on the
When to S2. That at the beginning of July next the inhabitants of every corporation shall fall upon their adjoyning salvages as we did the last yeare, those that shall be hurte upon service to be cured at the publique charge; in case any be lamed to be maintained, by the country according to his person and quality.
savages, and provi.
servants five pounds of tobacco a head, towards the discharge of such as had their servants there.
33. That for defraying of such publique debts our troubles have brought upon us. There shall be levied 10 pounds of tobacco upon every male head above sixteen years of adge now living (not including such as arrived since the beginning of July last.)
Obedience 34. That no person within this colony upon the rumur of supposed change and alteration, presume to be disobedient to the present government, nor servants to their private officers, masters or overseers at their uttermost perills.
Commis- 35. That Mr. John Pountis, counsellor of state, goin to England, (being willing by our intreatie to accept of that imployment,) to solicite the general cause of the country to his majesty and the counsell, towards the charges of which voyage, the country consente to pay for every male head above sixteen years of adge then living, which have been here a yeare ffour pounds of the best merchantable tobacco, in leafe, at or before the last of October
SIR FRANCIS WYATT, Knt. Governor, &c.
Capt Fran's West,
Capt. Roger Smith,
R. HICKMAN, Cl. Sec. off.
FROM the year 1623 to 1629 there is no notice taken, in the proceedings of the London Company, of any assembly having been held in Virginia, except what can be gathered from the answer of the General Assembly to the letter of King Charles the 1st, of the 16th of June, 1628, recommending the introduction of various staple commodities. This answer bears date the 26th of March, 1628-9, is faithfully abridged in the Ancient Records (vol. 3, pa. 211) and an entire copy is preserved in the MS. containing the acts of six sessions from October, 1629, to August, 1633, with which the editor has been favoured by Mr. Jefferson. (See note prefixed to Acts of 1629.)
During the above period, the governor and council, by proclamation, seem not only to have exercised legislative powers, but to have enforced in this manner laws of the General Assembly previously enacted. In some instances, reference is made in the proclamations to pre-existing laws (which were probably directed by the legislature to be promulgated in that way;) in others they appear to proceed entirely from the governor and council. Thus, in 1626, we find a proclamation, by the governor and council, prohibiting the trading with Indians for corn, there being a great scarcity of that article. In the same year there is a proclamation "concerninge divers orders about merchandisinge," which
contains regulations to be observed on the arrival of the ships from England, prohibitions against ingrossing, &c. and buying goods to sell again by retail; also, against any person's going on board a vessel, except a member of the council, without a warrant from the governor. There is also a proclamation of the same year, reciting a former act of assembly, and requiring, under severe penalties, that those who had neglected to palisado their houses, should do it by a given time.
1627. April 12th, a proclamation "To be careful "of the Indians." August 1st, "Concerning the in"tent of paling in the forest." December 4th, "For 66 paying of debts."
1628. April 4th, a proclamation, "concerning the "Indians." April 30th, "forbidding to marry with"out lycence" or asking in church:-Same day "Con"cerning the plantinge of tobacco and corn." This proclamation, which is said to have been made " by "the governor together with the advice of the councell of state, and general assembly, upon full debate and "consideration of the premises," directs that such a reasonable proportion of tobacco shall be planted, only, as may be cultivated without injury to a plentiful crop of corn;-that the plants should be set at least four feet and a half apart, and that not more than twelve leaves should be gathered from a plant;-and finally, that great care should be taken not to burn it in the sweating. August 12th, another proclamation "Concerning the Indians," which had for its object the conclusion of a treaty of peace with them.
1628-9. March 20th. On this day eighteen commissions, all of the same tenor, issued (or perhaps were only renewed, as appears from an indorsement on the manuscript) constituting the person to whom each was addressed, either COMMANDER OF PRINCIPAL COMMANDER OF PLANTATIONS. On the same day two commissions issued appointing COMMISSIONERS for holding MONTHLY COURTS, in different parts of the colony.
As the power and jurisdiction of these officers both in their military and civil capacities, are fully expressed in their commissions, a form of each is inserted.
COMMANDER OF PLANTATIONS.
"BY THE GOVERNOR AND CAPTAINE GENERALL OF VIRGINIA.
"TO all to whome these presents shall come, I John Recital "Pott, Esq. Governor and Captaine General of Vir"ginia, send greeting, in our Lord God everlasting; "whereas the affaires of this colony doe necessarily "require that men of sufficiency and experience bee "appoynted to command and governe the several plan"tations and inhabitants within the same, both for the "better order of government in the conservation of "the peace and in the execution of such orders and "directions as from tyme to tyme shall be directed "unto them, as alsoe for the preventing and avoyding "of such mischiefes as may happen unto us by the in"trusions and practizes of the Indians our irreconcile"able enemies; Now KNOW YE, that I the said John Appointment. "Pott out of the good opinion I conceive of the dis"cretion, care and circumspection of lieutenant Edward "Waters doe by these presents, with the consent of the "councell of state, constitute and appoynt him the said "Edward Waters to bee the present COMMANDER Of " and for the plantations within the precincts of Eliza- Precinct. "beth Citty lying and being on Southampton river "and extending towards Fox-Hill and the places "thereabouts. Gyving and by these presents grant- Power. "ing unto him full power and authority to doe, exe"cute and performe all such matters and things as are "incident and appertayning to the place and office of
Commander there. RESERVING allwaies unto Capt. Exception. "Thomas Perfury all such privileges and authori"ties as are appertayning to the place of principale "commander there. (a) WILLING and requiring him Duty. "the said Edward Waters to see that all such orders
(a) The commissions to the principal commanders, are the same, mutatis mutandis; only styling them principal commanders, and omit ting whatever relates to the reservation of power in this commission.