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assume to himselfe any of the aforesaid places or any other publique office whatsoever and refuse to take the aforesaid oaths, he or they so convicted before an Assembly should be dismissed of his said office, And for his offence therein forfeit one thousand pounds of tobacco to be disposed of att the next Assembly after conviction, And it is further enacted by the authoritie aforesaid that the statute in force against the popish recusants be duely executed in this goverment, And that it should not be lawfull vnder the penaltie aforesaid for Popish any popish preist that shall hereafter arrive to remaine priests arriv above five days after warning given for his departure ont of the by the Governour or comander of the place where he collony in 5 or they shall bee, if wind and weather hinder not his days. departure, And that the said act should be in force ten days after the publication thereof, at James City, this present Grand Assembly to all intents and purposes doth hereby confirm the same.


WHEREAS for the more ease of travellers, It was enacted by the Assembly in Jan. 1641, that all ths countrey respectively provide and maintain fferrys and bridges and the leavy for payment to the ferrymen to be made by the comissioners where the ferry is kept, And where one creeke parts two counties, there each of them to contribute towards the maintenance of the said ferries, and bridges should be built and provided by the first of September following, And that all passengers whether strangers or others should be freed from payment otherwise then by the leavie, And that the ferrymen should give their due attendance from sunne rising to sunne setting, This present Grand Assembly to all intents and purposes doth hereby confirme

the same.


WHEREAS at an Assembly in June 1642, vpon consideration had of the bad effects that tradeing and trucking with orphants may in time produce, It was thought fitt in due time so to provide that for the future no such bartering or tradeing be at all had with any orphans, And therefore did enact that what per

Ferries and bridges to be


and kept at

public expense.

Dealing with minors proibited under penalty of double the amount.

Punishment for resisting the execution of laws.

Quarter courts, terms of

March term.


son or persons soever shall barter, bargain, buy or sell with any orphants vnder age shall loose all that he so bartereth or changeth and shall alsoe forfeit double the quantitie thereof, the one moyetie to the informer, the other to his ma'tie, This present Grand Assembly to all intents and purposes doth hereby ratifye and confirme

the same.


WHEREAS it was enacted att an Assembly in June 1642 that if any officer or other member of this collony whatsoever had been or should be molested or troubled in their persons or estates for the due performance and execution of any act or law made, here in the collony, he or they by whom any person should be troubled should be liable to satisfie all such charges and damages as should be justly proved to be occasioned by any such molestation, in the severall courts of this collony respectively, This present Grand Assembly doth hereby ratifie and confirme the same.


WHEREAS it was enacted at an Assembly in June 1642 for want of due formes not before sett downe, for issueing of writs and returnes thereof for the proceeding of the quarter courts of this collony, in case of defalts of sherriffs and nonappearances of plts. and defts. which occasioned much trouble to the Government and great charge of inhabitants of the collony, That the quarter court shall begin as foll:

March court to begin the first day of the month of March, if it be not Sunday if it be then on the next day, to continue eighteen days, Sunday not to be accounted as any of the cort days.

The said court to have three returnes, the first returne to be made three days before the first day of the sitting of the court.

The second returne on the sixth of the court.

The third on the 12th of the court: for every returne 150 writs that is for everie day of the court 25


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June court to beginn vpon the first day of June in June term case it be not Sonday, then on the next day: to continue 10 dayes to have two returnes :

The first returne to be made three days before the Returns. first day of the court, The second on the 6th of the court to have ascertained 200 writts, one hundred for every returne that is 20 for every day.


The like days for beginning and ending, the like Oct. term. returnes and numbers of writs for October court as Returns. for June court

The 4th court to begin on the 20th of November if Nov. term. not Sunday, if it be then on the next day following to continue and have the like returnes and number of Returns. writs and days as March court hath.

The writs to comand appearance vpon the first, se- Writs. cond or third of the first, second or third returne according to the date thereof.

The causes of suits to be exprest in the writs which may be inlarged by petition, between every arrest and return of the writt.

Causes of

action to be expressed


Not to be

The deft. to have 10 days time to provide himselfe, No arrest to be made in court time. The writs to go in the same tenor as formerly, The deft. vpon the returne of the writ, either by himselfe or his attorney, to enter his appearance in a booke to be kept by the clerke made in for that purpose, And also putt in his answer vnder court time. his hand the third day of the returnes of the writ, the petitions and answers to be filed and remain in the Appearance secretary's office.

and defence.

[a] This clause repealed by a subsequent one in this act; and the defendant fined 20 per cent.

Arrests, when and where.


The plt. to put in his petition vpon the day of appear. When to deance and in case of such neglect to be non suited, And the defendt's. cost to be awarded against him, If the deft. appears not after arrest, then the sheriff to be amerced in tobacco at the discretion of the court to the vse of the county, And the sherriffs to have their remedies against the parties bound for appearance. [a]

Sheriff amerced if deft.

fails to ap


and for default of returns.

Teste of process & execution.

Appeal from

monthly to quarter


Double da-


Appeal from


courts to as


Treble da


Former act amercing sheriff for

non-appearance of deft. repealed.

Nil dicit.

Jurisdiction of monthly


Court days.

The sherriffs for defaults of non returnes to be amerced for everie returne an hundred pound of tobacco, Process and executions issueing from the quarter courts to be signed by the Governour and attested by the Secretary, to go in the same forme, and no execution to be directed to more then one sheriffe.

Appeals to be from the monethly courts to the quarter courts, The appealant to putt in present security for his appearance vpon the day of the quarter court for his abideing judgment of the court, and for the payment of double damages in case he be cast in the suit.

Appeales to lie from the quarter courts to the Assemblies with the former cautions and trebble damages, in case he be cast in the suit; which said act and everie clause therein is confirmed by this Grand Assembly, excepting the branch therein mentioned which imposeth a fine vpon sherriffs for non appearance of the defend'ts, And in stead and place thereof be it enacted that in case the defts. appeareth not after arrests either by himselfe or attorney, for the first default such person shall be adjudged by the court wherein the suit is depending to pay vnto the plt. 20lb. of tobacco for every hundred debt, for which he is then impleaded, And for the second default of such defts, The court as aforesaid to give judgment as in case of nihil dicet.


WHEREAS it was enacted at an Assembly in June 1642 that the comissioners of the severall counties respectively should have power and authoritie to hear and determine all debts and differences vnder the summe of sixteen hundred pounds of tobacco or the valew thereof, Where also, It was enacted at the said Assembly that everie monthly court respectively should keep their courts monthly vpon the severall days therein mentioned (vizt.)

Henrico on the first of everie month.
Charles Citty the

* "Passes an" in the MS.

Ja: County the
Isle of Wight the
Vpper Norff. the
Lower Norff, the
Eliz'a. Countie the
Warwick Countie the
York County the
Northa'ton the








28th of everie month.

Be it enacted this present Grand Assembly that the said monthly courts be reduced to the number of six yearly, the daies to be ascertained as formerly, And in stead of monthly courts to call countie courts, and the comissioners to be stiled comissioners of the countie courts, And for the prevention of many chargeable suits tending to the molestation and ruine of divers poor men for pettie and triviall debts, It is thought fitt and enacted by this Grand Assembly, that no court of justice within the collony shall proceed to determine or adjudge or at all take cognisance of any suite hereafter to be comenced for or concerning any debt vnder the Sums under value of 20s. sterling or two hundred pounds of tobac- 20s. sterling coe, but in such case, the next adjoyning comiss. to the before a sincreditor to sumon the debtor or deft. by warrant before gle magisbim vpon complaint to him made and to determine the trate, who same by order in writing vuder his hand which order to prison for shall be binding, And in case of non-performance, The non-perform said comiss's. is authorised to comitt to prison the person who shall be refractory to such order as aforesaid.


may commit



WHEREAS it was enacted at, an Assembly in June 1642, That if either plt. or deft. shall desire the verdict of a jury for the determining of any suite depending within any of the courts of this collony, he or they shall signifie therein their desire by petition vnder his or their hands vnto the said courts, before the said cause had any hearing, vpon the day of tryall, if it be the desire of the plt. Aud their petitions to be ffyled in the Secretary's office, and with the clarke of the monthly court, And if the defend't. shall desire it, he or they shall signifie the same vpon the entry of appearance in the Secretary's office, which shall be


Number of

courts reduc

ed to 6, year

ly, and in

stead of monthly to be called county


Trial by jury secured to desire it.

parties who

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