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officers appointed. Counties on the south &

reward for their service 6000 pounds of tobaccoe, Their Lefts 4000 pounds of tobaccoe, And either Serjeants 2000 pounds of tobaccoe yearly or so long as they serve How inferior proportionablely, And the choice of the inferior officers shall belong to the said comanders with allowance of the Governor and Council; And be it explained and confirmed by the authoritie aforesaid that the associanorth side of ting counties on the south side of the river are wholly to contribute towards the maintenance of the warr on that side without any expectation of any contribution from the north side, and so likewise on the north side by themselves including Northampton and Northum berland.*

the river to bear the expenses of the war on each side respectively.

Penalty annexed to a former act for shooting.


BE it alsoe enacted and confirmed that this clause be annexed to the first act of Assembly held the first of March, 1643, concerning shooting of Gunns-That the penaltie for every offender and offence in that kind shall be 100 pound of tobaccoe halfe to him that informed the Left. and the other halfe to the vse of the countye.

Poor prison. ers taken in

execution for

tobacco, corn, &c. may be discharged by exhibiting an inventory of their estate on oath and payment of other commodities.


BE it alsoe enacted by the authoritie of this Grand Assembly, for releife of severall poor men that are layd in the sherriffs hands vnder execution, for tobaccoe, corne and other comodities, which truly in kind they have not, that therefore in such cases the inventorie of his or their estate being produced vpon oath in pre sence of the creditor, The comiss. shall determine what shall be valued for satisfaction of the debt.

* This is the first time that the county of Northumberland has been mentioned in any of the acts. It would seem from this circumstance that the power of forming new counties was at that time vested in the governor and council. See ante pa. 115. Instructions to Sir Francis Wyatt for dividing the colony into cities, boroughs, &c.


BE it further enacted by the authoritie aforesaid, That from henceforth and after the publication of this act in the severall counties, especially the order and act forbidding wine debts to be pleadable, to be absolutely repealed and made void, And for all wine debts made since the date of the said order, that they bee satisfied by paying one third of the said debt at the next cropp, And the other two thirds, at the next ensueing cropps proportionably.

Former act declaring wine debts able repealed,

not recover



BE it alsoe enacted by the authoritie aforesaid, for Clerks and the regulation of clerkes and sherriffs' fees and their Sheriffs' fees large exactions hereafter that in countie courts it shall regulated. be sufficient authoritie for sherriffs to arrest any person in an action of debt or trespass if the said action be entred in the court booke by the clerke and the charge of the entrance to be four pound of tobaccoe: And also that it shall be lawfull for subpenas to be served Subpoenas by the party procuring the same, or by their appoint- may be servment, and not by the sherriffs vales it be desired: The ed by the parties them charge of a subpena to be as formerly: Likewise, Be it enacted that no person whatsoever be forced to pay for writeing a petition vnless he employ the clerke to do it, And then as the act appoints, Nor for recording of any patent or comission of administration or takeing of examinations or depositions in criminall causes or whatsoever else is to be done ex officio, and for which a certaine fee is established by the act of Assembly, And that no clerke do demand three pounds tob'o. per cent de futuro for takeing of inventories vnles they be therevnto required, And then no more then the party imploying him and he can best agree: of all which the county courts are required diligently to looke after, And complaint made for extortion in any officer by their flees or otherwise that such ffacts be punished by the severall county courts or presented to the quar

ter court

County and quarter punish clerks and sheriffs for extortion,

courts may

Free trade

allowed to inhabitants, and all acts against ingrossing repealed.


BE it further enacted and confirmed, That free trade be allowed to all the inhabitants of the collony to buy and sell at their best advantage; And that all acts concerning ingrossing be from, henceforth repealed & made void,

Free trade to

be encouraged

with the king's subjects residing in England.

Assurances given by the assembly.


WHEREAS the great wants and extremities of the collony do necessarielie require that care & meanes be vsed for the encouragement of trade, Be it therefore enacted by the Governour and Council and Burgesses of this present Grand Assembly that there be a free trade and commerce allowed to all his maj'ts. subjects within the kingdom of England, And it is further thought fitt to be explained particularly, because of some questions and doubts that have been made by the Londoners this yeare tending to a prohibition of trade with them, that it was never intended but the contrary thereof allways assured vnto them, as divers publique acts and proclamations in the collony do at large declare: And this Assembly on the behalfe of the inhabitants do pledge the faith of the collony for a continuance of a free and peaceable trade to them with all justice in any case requiring it, so as demeane themselves in a peaceable manner, and be obedient and conformable to the government.


Set-off, how to be allow

ed in court.


BE it enacted by the authoritie of this present Grand Assembly for avoiding causes and suits of law, that where any suit shall be comenced either in quarter court or county court, that if the defendant have either bill, bond or accompt of the plt. wherein he proves him debtor, that in such cases the courts do balance acc's. consideration being had and allowance given to the plt. for his charges who first began his suit, as alsoe to the time when such bills, bonds, accompts or demands were due to be compared with the acco, in ballance, And this act to continue till the next Assembly.


Summary re

sheriffs sus

pected of

to their own


BE it enacted by this Grand Assembly in respect most of the sheriffs, as is conceived, have converted dress against a great part of the eighteen pound of tobacco per pole to their private benefit; And likewise some comiss's. converting into whose hands part of the said levie hath been de- public levy posited, That the county courts respectively do call the said sherriffs and such of the comiss'rs. to accompt, And where such default shall be found, That execution presently issue forth against the estates of the delinquents for payment of such summe or summs soe converted with a large consideration for forbearance to the publique, In respect it was no forced conjecture that they have raised to themselves great profitt by such conversion. And the estate so seized to remain in the hands of the comiss. are ingaged by act of Assembly to be responsible for publique leavies.



BE it enacted by the authoritie aforesaid, That Certain comGeorge Minifie and Richard Bennet, Esquires, be im- missioners to ployed by themselves joyntly or severally or by any powder and whom they shall think fitt in the behalfe of the collony shot. for purchasing of powder and shott at the cheapest rates they can, And that they have power to receive of severall sherriff's all the present readie tobacco and dispose of the same for that purpose, but more especially that they or their assignes do provide the greater quantity of shott and lead in respect of the generall want thereof, And that the Governour and Council with them have power to dispose thereof, for the furnishing of the forts and setting out of marches as they shall think fitt: And that they the said Mr. Minifie and Mr. Bennet be responsible for the same at the next Assembly.


BE it enacted by the present Grand Assembly, That the act the last Assembly excepting servants, armes, amunition, and corn for present subsistance from the rigor of exec'n. be still in full force and power and so to continue till the twentieth of October next.

Servants, arms, &c. exempted tion.

from execu

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BE it enacted by the authoritie of this present Grand Assembly, with consent of Mr. Thomas Hampton, rector of James Ciutie parish, in respect of the dange rous times and inconveniencies for the inhabitants of the east side of Archer's Hope Creeke to the head thereof and downe to Warham's ponds, to repaire to the parish church att James Citty, That they be a distinct parish of themselves or shall have power to adjoyne themselves to the parish of Martin's Hundred as they the said inhabitants shall find most convenient.

The MS. from which the acts of this session were printed, is now in the library of Congress, at Washington.



VEMBER, 1645.

[From à MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was borrowed by Edmund Randolph, Esq.]

PRESENT Sir WILLIAM BERKELEY, Kn't. Governour, &c.

The names of the Burgesses for the severall planta


James Citty county

York County

(Mr. John flood,

Mr. Walter Chiles,
Mr. Thos. Swan,

Mr. Robert Wetherall,
Mr. Ambrose Harmer,
Mr. Thomas Warne,
Mr. Peter Ridley,
Mr. Geo Stevens,

Capt. X'pher Coltrop,
Mr. Rowland Burnham.
Mr. Arthur Price.

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