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the trial,
conviction &

and of the

WHEREAS divers out of ignorance, others out of malice, schisme and faction, in pursuance of some designe of innovation, may be presumed to pre- death of the pare mens' minds and inclinations to entertaine a good late king likeing of their contrivement, by casting blemishes of Charles 1st, dishonour vpon the late most excellent and now vn- treasonable doubtedly sainted king, and to those close ends vindi- principles & cating & attesting the late proceedings against the said practices of republiblessed King (though by so much as they may seeme cans, in asto have colour of law, and forme of justice, they may persing his be truly and really said to have the more and greater height of impudence.) Aud vpon this foundation of as


times the appointment was made by a resolution of the burgesses ;,
at others, the governor was appointed by an act of assembly; and
not unfrequently a collision took place between the governor and
house of burgesses, as to the limitation of his power, which always
terminated in favor of the rights and privileges of the house.-
See resolution of the burgesses of April 30th, 1652—March, 1655—
March 1657-March, 1658-March, 1659. It appears, from the
proceedings of the assembly of the 1st of April, 1658, that the go-
vernor and council undertook to dissolve the house of burgesses;
but they peremptorily refused to be dissolved, and passed a number
of resolutions declaratory of their own power, and denying the
right of the governor and council to dissolve them,

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and denying

the divine right of kings; in asserting that

the commission and all magistracy depending thereon is

null and void

To defend the late proceedings against the king, by reasoning, dis

course or ar

Be it therefore declared and enacted and it is hereby enacted by Governour, Council and Burgesses of this Grand Assembly, and the authority of the same, That what person soever, whether stranger or inhabitant of this collony, after the date of this act, by reasoning, discourse or argument shall go about to defend or maintain the late traiterous proceedings against the aforesaid King. of most happy memory, vnder any notion of law and justice, such person vsing reasoning, discourse or argument, or vttering any words or speeches to such purpose or effect, and being proved by competent witnes shall be adjudged an accessory post factum, to the death of the aforesaid King, and shall be proceeded against for the same, according to the knowne lawes of England: or whoever shall go about by irreverent or scandalous words or language to blast the memory and honour of on of the go that late most pious King, (deserving ever altars and monuments in the hearts of all good men,) shall, vpon conviction, suffer such censure and punishment as shall be thought fitt by the Governour and Council. And be it further enacted, That what person soever shall by words or speeches indeavour to insinuate any doubt, scruple or question of or concerning the vndoubted & inherent right of his Majesty that now is to the collony of Virginia, and all other his majesties dominions and countryes as King and Supream Governour, such

To asperse his memory, punishable at the discreti

and council.

gument, makes the

person guilty after the act,

an accessory

to the death of the king.

serting the cleerness and legality of the said vnparalel'd treasons, perpetrated on the said King, doe build hopes and inferrences to the high dishonour of the regall estate, and in truth to the vtter disinherison of his sacred Majesty that now is, and the devesting him of those rights, which the law of nature and nations and the knowne lawes of the kingdom of England have adjudg ed inherent to his royall line, and the law of God himselfe (if sacred writ may be soe stiled which this age doth loudly call in question) hath consecrated vnto him. And as arguments easily and naturally deduced from the aforesaid cursed and destructive principles, with much indeavour, they press and perswade the power of the comission to be void & null, and all magistracy and office thereon depending to have lost their vigor and efficacy, but such means assuredly expecting advantages for the accomplishment of their lawless and tyrranous intentions,

To doubt the right of suc

cession of Charles 2d, high treason.

governor and

words and speeches shall be adjudged high treason: And it is also enacted, That what person soever, by To propose a false reports and malicious rumors shall spread abroad, vernment, or change of goamong the people, any thing tending to change of go- to doubt the vernment, or to the lessening of the power and autho- power of the rity of the Governor or government either in civill or government, ecclesiasticall causes (which this Assembly hath and equally high doth declare to be full and plenarie to all intents and treason. purposes) such persous not onely the authors of such reports and rumours, but the reporters and divulgers thereof, (valess it be done by way of legall information before a magistrate) shall be adjudged equally guilty, and shall suffer such punishment even to severity as shall be thought fitt, according to the nature and quality of the offence.


listed as tith

WHEREAS it appeareth to severall Grand Assemblies that the lists of tithable persons are very imper- Who to be fect, and that notwithstandinge the yearly. importation ables. of people into the collonie, the number of tithables in the said lists is rather diminished then augmented, which is in great part conceived, by this Assembly, to happen, in that all vnder the age of sixteen yeeres are exempted from the lists, and that once passing vnder that age they are seldom or never acknowledged to exceed the same, in respect of the impossibility of, or at least vnlikelyhood of produceinge convinceing proofes against them: Bee it therefore enacted, for the preventing of the like abuse hereafter through false & Ail male serimperfect lists, That all male servants imported here- vants of whatafter into the collony of what age soever they be, shall ever age; but be brought into the lists and shall be liable to pay coun- natives under try leavyes, excepting in this act such as are natives of 16 years of this collony and such as are imported free, either by theire parents or otherwise, who are exempted from leavies, being vnder the said age of sixteen years.

not freemen or


Treble taxes

And it is further enacted, That the lists be yearly ta- When the lists ken by the 25th of June at the farthest, and presented to be taken. to the county courts, and that the perticular lists be to conceal given in vnder the hand of the masters of the severall ffamilies, who are to pay trebble assessments for every


What inhabitants included in the county of Northumberland.

Weekly markets established in Jas. City.



IT is also enacted and it is hereby granted vnto James Citty the priviledge of a weekly markett, to be hol den vpon every Wednesday and Saturday, and that the market place be bounded (vizt.) from the Sandy Gutt, comonly called and knowne by the name of Peter Knight's storehouse westward, and soe to the gutt next beyond the house of Lancelott Elay eastward, and bounded on the north side with the back river: And that all bonds, bills or other writings vpon any bargaine made within the aforesaid bounds of the markett place for any thing sold in the market and vpon the markett days, between the hours of eight in the forenoon and six in the afternoon, being attested vnder the hand of the clerke of the market, shall have the force and be in quality of judgment, and vpon non-payment of the summe in such bill, bond or writeing, according to the tenor of them being attested by the aforesaid Any com'r. of clerke, It shall be lawfull for any comissioner of the quorum, within the county vpon the demand of the creditor forthwith to grant execution as in case of a judgement preceding. The said clerke of the markett to be appointed by the governour, and his free or salary to be four pound of tob'o. for every bond, bill or writeing by him attested in case the same be above 300 Ib. of tob'o: but in case the summe be vnder 300 lb. of tobacco then to have 1 lb. of tob'o. for every bill, bond or other writinge by him attested, And the said clerke of the markett to record such writeing in a book for that purpose to be kept.

quorum may issue execution thereon.

Clerk of the appointed. His



* "Potomack," originally called.

Bonds, bills, &c. executed within those bounds, on market days,

to have the

force of a judg.


person they give in short of theire due number, and the ministers are to have tithes of all such as are now adjudged tithable.

and duties.


IT is enacted, That the inhabitants which are or shall be seated on the south side of the Petomecke* River shall be included and are hereafter to be accompted within the county of Northumberland.

[The following important State Papers, being next in order of time to the Acts of 1649, are inserted in this place. In the MS. they are arranged among the Revised Acts of 1657; the two first not numbered, but the last marked as Act 86. See also Jefferson's Notes on Virginia, Query XIII, pa. 119 of 1st edit. pa. 214 of last edit. where the first and third of these papers may be found.]



Articles agreed on and concluded at James Cittie in Vir- Treaty beginia for the surrendering and settling of that plan- tween the tation vnder the obedience and goverment of the Com- Commonwealth of Eng mon Wealth of England, by the commissioners of land, and the the Councill of State, by authoritie of the Parliament colony of Vir of England and by the Grand Assembly of the Gover- ginia. nour, Councill and Burgesses of that country.

FIRST, It is agreed and cons'ted that the plantation of Virginia, and all the inhabitants thereof, shall be and remaine in due obedience and subjection to the common wealth of England, according to the lawes there established, And that this submission and subscription bee acknowledged a voluntary act not forced nor constrained by a conquest vpon the countrey, And that they shall have and enioy such freedomes and priviledges as belong to the free borne people of England, and that the former government by the comissions and instructions be void and null.

2dly. Secondly, that the Grand Assembly as formerly shall convene and transact the affairs of Virginia, wherein nothing is to be acted or done contrarie to the government of the common wealth of England and the lawes there established.

3dly. That there shall be a full and totall remission and indempnitie of all acts, words or writeings done or spoken against the parliament of England in relation to the same.

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