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The oathes of alleidgeance and supremacy were administered to the Governor and Councell, and afterwards to all the Burgesses then assembled.


At this Assembly established, followe:


the canons

of the church

IT is ordered, That all ministers residing and beeing, or who hereafter shall reside and bee within this colony, shall conforme themselves in all thinges according to the cannons of the church of England. And if of England. there shall bee any that, after notice given, shall refuse for to conforme himselfe, hee shall undergoe such censure, as by the said cannons in such cases is provided for such delinquent. And that all acts formerly made concerning ministers shall stand in force, and bee duly observed and kept.

* The Acts of this session, like those of the preceding, are not divided into chapters, or acts. They contain, however, a short epitome of each act in the margin, which is not the case with those of my former session.

Ministers to conform to


A fort to be


MATTER of ffortifications was againe taken into built at Point consideration, and Capt. Samuel Mathewes was content to undertake the raysing of a ffort at Poynt Comfort, whereupon Capt. Robert ffelgate, Capt. Thomas Purfury, Capt. Thomas Graies, Capt. John Uty, Capt. Tho. Willoby, Mr. Tho. Heyrick,' and Leu't. Wm. Perry by full consent of the whole Assembly, were chosen to view the place, conclude what manner of fforte shall bee erected, and to compounde and agree with the said Capt. Mathewes for the building, raysing and finishing the same. And whatsoever bargaine or contracte the said committee shall make concerning the same, the whole Assembly are content to ratifie and confirme and performe.

See ante p. 143, act VII.

No new-comer to be sent

against the enemy the first



IT is concluded and ordered, That noe new-comer for the first yeare shall bee compelled to goe in person uppon any march or service uppon the enemy, but shall bee only contributary to the charge thereof according to his proportion, excepte it bee in cases of extreame necessity. And noe master of a family shall presume to send any new man uppon any march or service as aforesaid uppon paine of severe censure.


Ingrossing & forestalling, penalties for,


FORASMUCH as many inconveniences doe often happen to the inhabitants and planters of this coloand provisions by by the excessive and exorbitant ingrossing of commodities brought into this country, ffor repressing whereof, it is ordered and concluded by the whole body of this Assembly, That noe person or persons of what degree, quality, condition or profession soever they bee, doe at any tyme eyther aboard the shipps or on shore or elsewhere ingrosse or forestalle any*


ever, but that such as buy may buy only for their particular use, and if they can spare any of the same, then


* A word torn out in the original, supposed to be "commodities."

not to sell any of the same goods at any dearer rate to their neighbours for more than they paid at the first penny. And that all marchants whatsoever now residing or that hereafter shall aryve in Virginia may uppon such penalty and severe punishment as the quality of the offence shall deserve, deliver their bills of lading or a true copy thereof to the Governor and Councell or one of them. And that a true invoice of such goods consigned to marchants heere bee delivered in alsoe as before upon oath, that the country may not be defrauded, neyther the marchants ioyne with any to colour their ingrossings. And that this may bee uppon the forfeyture of treble the value of any such goods soe bought, ingrosssed or coloured, the moytie thereof to goe to the generall good of the colony, and the other moytie to any man that shall complayne and really prove the same by witnesses.



FOR the better furtherance and advancement of staple commodities, and more especially that of potashes and saltpeeter, it is thought ffitt that every master of ffamily within the severall plantations of this colony shall use their best endeavours to preserve and keepe in dry and tight houses or casks all those ashes that shall proceede and bee made by the wood that is burned in clearing their grounds, that they may be ready at all tymes to be delivered to those that shall require the same to make experiment thereof. And that every master of a ffamily shall have a speciall care, after a notice thereof given, to preserve and keepe all their urine which shall be made in their severall plantations, to be disposed and bestowed as by a note in writing they shall receave directions the benefitt whereof shall the first yeare shall redounde to those that shall make the experiment. And the next yeare it shall bee lawfull for every planter to make the best benefitt hee can thereof to his own use. And for other staple commodities, as iron, salt, vines, &c. the whole assembly are willing and readie to yielde their best assistance in setting and raysing them, or any of them when they shall see any incouragement thereunto by such as shall bee men of experience and skill to perfecte such workes.

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for insuring


TO prevent the want of corne which oftentymes doth a sufficiency of happen to this colony by reason of the neglect of plantmg sufficient quantities thereof for their necessarie provisions, It is ordered, that two acres of corne or neere thereabouts bee planted for every head that worketh in the grounde, and the same to bee sufficiently tended weeded and preserved from birdes, hoggs, cattell and other inconveniences. And if any planter shall bee found delinquent therein hee shall forfeite all his tobaccoe which bee made of his cropp that yeare, the one halfe, to the informer, the other to bee imployed to publique uses for the good of the country.

Regulations for improving the staple of tobacco.

Number of

plants to a hand limited.

Such tobacco to be burnt, & the offender not to plant any more till authorised by the General Assembly.

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thereof in the curing hath caused the same to bee of base price and small esteeme to the discreditt and disadvantage of the whole colony in generall, for the preventing and avoyding whereof, It is thought fitt and accordingly ordered, That noe person whatsoever shall plant or tende above two thousand plants of tobaccoe for every heade within his family including weomen and children. And to the intent that noe tobaccoe of bad Penalty for of condition may be transported out of this country, It is fering bad tobacco in pay. further ordered, That if any man hereafter shall make any bad, or il conditioned tobaccoe and offer to pay away the same to any person, or persons, eyther for debts, marchandize or any other commodities, it shall be lawfull for the commander of every plantation with two or three discreete men of the said plantation uppon view thereof to burne the same. And the partie that shall be found delinquent in any particle of this order shall bee hereby barred from planting any tobaccoe until hee bee re-admitted by a General Assembly.


The line in the original so obliterated as to be not legible.

[FOR the improving the planting of tobaccoe the neglect]*


IT is also ordered, That the warr begun uppon the Indians bee effectually followed, and that noe peace bee concluded with them. And likewise that all marches which shall hereafter bee ordered and appoynted against them, be prosequted and followed with all dilligence.




Female cattle, not to be killed unless past breeding, or

FFOR the better increase and multiplying of cattell in this colony, it is thought fitt that all the female increase of neate cattell bee with all care and diligence preserved and kepte. And that noe female kinde of likely to die. cattell bee killed unlesse they bee such as are eyther past breedinge, or are likely to dye by some infirmity. And if any person or persons shall doe contrary to this acte they shall undergo such censure as the Governor and Councell shall thinke fitt to impose upon them.

[From a MS.* belonging to Thomas Jefferson, President of the United States, purchased by him with the library of Peyton Randolph, from his executors.]

PRESENT Sir John Harvey, Knight, Governor,


Capt. ffrancis West,
Capt. John West,
Capt. Sam. Mathewes,
Capt. Wm. Clayborne,
Capt. Natha'l Basse,
Capt. John Utye,

Capt. Wm. Tucker,
Mr. Wm. ffarrar,
Capt. Rich'd Stevens,
Mr. Henry finch,
Capt. Thom. Purifye,
Capt. Wm. Peirce.

The peculiarities in the hand-writing of the acts of this session, are such as have been already noticed in the acts of the preceding session.

War to be

against the Indians and no peace made.

The MS. from which the

acts of this

session were

printed, is now

in the library of Congress at Washington.

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