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sue in the

mean time.

Act declar

cill and Burgesses, That at the said prefixed day of the first of September and from that day and not before it shall be free and lawfull for any of the inhabitants to remove themselves and their familys to the aPatents to is foresaid north side of Charles River and Rappahanock River; And that in the mean time it shall be free and lawfull for all persons haveing right to lands to make ing it felony survey and take out patents for land vpon the said places: And it is further thought fitt, That the act ordeining it to be ffelony to goe to the north side of Charles River be repealed and made void: Provided that it shall not be lawfull for any person or persons to kill any wild cattle or hoggs vpon the said north side without licence, first obteined from the Govrnour for theire soe doing,

to go to the

north side of
Charles ri-

ver repealed.
Proviso as to
killing wild
cattle or
hogs.

Each county liable for its proportion of public taxes.

Commiss'rsmay distrain, or take the body of de

linquent in

execution.

County to be

re-assessed
to make good
insolvencies,

but no insol

vencies to be allowed a

gainst the public.

A guard of 10 men alBowed the

ACT III.

WHEREAS through the default of some particular counties in payment of leavies, It hath of ten happened that the burden of taxes hath been augmented to the rest of this collonie who had formerly discharged whatever was due from them, ffor prevention of the like grievance hereafter, It is enacted, that every particular county shall be responsible to the publique for all arrers ffor which the sherriffs or collectors have taken bill or have otherwise made debts to the vse of the country; And that the said bill or other assurances of debts aforesaid be delivered vp to the comissioners of the county respectively, who are hereby authorized to distreine vpon the debtors, or as they shall find cause to imprison their persons in case of refusal or non-payment, As also what the debtor shal! be found insolvent, that then the said commiss'rs. doe rate the county per poll, according to custome for the satisfying of the said arrears, And that no arreres to the publique de preterito be allowed, but the persons or counties as aforesaid defaulting be liable thereto.

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ACT IV.

VPON consideration had of some treacherous at tempts threatened by the salvages towards the per son of the Gov'r. wherevnto he is dayly exposed by

the Indians,

reason of their frequent resort to him vpon pretence gov. in con-
of publique negotiations, as also being sensible of the sequence of
alledged at-
many disaffections to the government from a schisma- tempts upon
ticall party, of whose intentions our native country of his life, by
England hath had and yet hath too sad experience, and who visit
also for many other reasons appearing of weighty re- him on pre-
gard to this Assembly, It is thought fitt and enacted, tence of ne-
gociation, &
That the Govern'r. will please to presse ten able men also frm the
with arms and amunition competent to attend vpon him disaffection
as a guard to his person and to employ them in such
services, either in publique or private affaires as he manifested
shall think fitt, and that for their salary or wages of by a schisma-
each person there be leavied two thousand pounds of here and in
tobacco, in toto 20000 lb. of tob'o. from the publique England.
the next year (vizt.) 1649.

to the go-
vernment

tic party,

Their pay

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ACT V.

ing of soldi

ers by the

act of assem

berties.

power is de

- THIS Assembly haveing knowledge that divers Recital of the complaints of persons vpon occasion of a presse of souldiers by the people, warrant from the Govern'r. or by order from the Gov'r. that the pressand council out of a mistake in opinion do, conceive their liberties and the lawes of the collonie thereby in- gov. & counfringed and themselves, particularly injured, the au- cil without thority of an Assembly not concurring therein. It is bly, is an intherefore thought fitt not by law to establish, but to de- fringement clare the judgment of this Assembly vppon pervsall of on their li his Ma'ts. comission and instructions that by vertue The assemof the said com'on and instructions full and ample pow- bly declare er is derived from his Majesty to the Governour and that such Council to make peace or warr, and as a necessary con- rived from sequent to levy or presse men or other provisions for the king by the warr vpon any emergent occasion to which power commission in the comission litterally expressed, we may not pre- & instructisume to conceive that any act of Assembly can add ons to the gostrength or vigor, but that all his Ma'ts. subjects are in loyaltie and in due obedience to his sacred Ma'tie. obliged therevnto: And we ought humbly to acknowledge his Majesties royal care of his subjects in establishing such a power wherein are naturally placed so many concernments to the peace and safety of all good subjects, many accidents not admitting delay of time nor those slow motions of great counsells.

virtue of the

vernors and

that they
ought to ac-
knowledge
bis majesty's
royal care for
establishing

such a pow

er.

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ACT VI.

Tax on property abolished and

able persons

IT is enacted, That the act of Assembly which ordeined all leavyes hereafter to be made should be taxes on tith raised from lands, horses, mares, sheepe, &c. from tithable persons, be hereby repealed and made void, it being onely intended for the better support of the warr and no longer to continue or bee in force, And in stead thereof it is enacted, according to custome heretofore vsed all leavyes be hereafter raised vpon tithable persons by the poll.

only retained

ACT VII.

BE it also enacted, That whereas through the great defaults and neglects of sherriffs in the publick collection, the credit and reputation of the collonie hath been much blemished, the last Assembly did think fitt to order that collectors in severall limits by them appointed should for that year be authorized for the gathering in and collecting the leavy, which this Assem gain to be ap- bly have found, vpon audit of their severall acco❜ts. they have performed with great integrity, and to a very small matter duly discharged (some few excepted.) That there be collectors again appointed by the comissioners of the severall counties within such precincts and lymitts as they shall think fitt for the gathering in and receiving of the leavye by this present Grand Assembly assessed, who are authorized with the same & the like power to distreine in case of non-payment as any sherriff or sherriffs by vertue of any act of Assembly might doe or vsually have done in the like cases, Provided that notwithstanding any thing in this act to the contrary, That Mr. Nathaniel Littleton, Esquire, and Mr. Edmond Scarbrough have the power of collecting the leavye of Northampton county; and Mr. Anthony Elliot for Elizabeth county, from whom the Gov'r. is pleased to accept of pay and to discharge the country as well of what is due to himselfe, as also of what is due to Mr. Morrison.

Collectors appointed at the last assembly having perform ed their duties with in

tegrity, collectors a

Power of distress.

Collectors of Nor'ampton and E. City.

WILLIAM BERKELEY.
THO: HARWOOD.

ACT VIII.

Clerks of

co'ty courts their acco'ts.

to produce

IT is enacted and vnanimously agreed upon by this present Grand Assembly, That each clerke of courts shall produce his gene'll. acco'ts. to the said court, and to their reafter their approbation, their dues shall be seized on by courts, and the collectors by way of distresse in case they deny being appropayment, They paying the collectors for receiving ved by the their tobacco at the rate of tenn pounds per cent.

court, may
be distrained
for.

WILLIAM BERKELEY.
THO: HARWOOD.

ACT IX.

of the assem

IT is enacted further by this present Grand Assem- Adjournment bly, That the Assembly be adjourned vnto the tenth bly to the day of ffebruary next, and the council are all enjoyned 10th of Feb. to be then present to attend there his Majesties service 1649-50. and the affairs of the country.

WILLIAM BERKELEY.

'The MS.

from which the acts of this session were printed, is now in

the library of Congress, at Washing

ton.

ATT A

GRAND ASSEMBLY

HELD AT JAMES CITY THE 10TH DAY of OCTOBER, 1649.*

[From a 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 bors rowed by Edmund Randolph, Esq.]

James County

The Burgesses names:

(Mr. Walter Chiles,
Mr. Thomas Swan,
Mr. Wm. Barret,
Mr. Geo: Read,
Mr. Wm. Whittaker,
Mr. John Dunston.

* CHARLES the 1st was beheaded on the 30th of January, 1649. From that period, the commonwealth, in England, commenced; and it continued, under different modifications, till the restoration of Charles the 2d in 1660.-Oliver Cromwell was declared Protector, on the 9th of January, 1654, and died, on the 13th of September, 1658.-His son Richard was nominated, by him, as his successor, and assumed the reins of government accordingly; but resigned them in 1659.-On the dissolution of the monarchy, in England, doubts existed, in this country, whether the powers of the governor and council, and of all the other officers of government deriving their appointments from them, were not extinct.-This, unquestionably, gave rise to one of the provisions of the first act of this session; which made it highly penal to maintain such doctrine. The principle was, however, solemnly recognized, by the first article of the convention entered into between the commissioners of the parliament of England, and the governor, council and burgesses of Virginia, on the 12th of March, 1651, "That the former government, "by the commission and instructions was void and null."—It is ob servable, that the names of the governor and members of the council, are not prefixed to the acts of this session, as had been usual, in all the preceding ones; and the same rule obtained till the March session 1659-60. During the suspension of the regal government, in England, the governor and council of Virginia were chosen by the house of burgesses, for short periods, only. Some

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