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deemed the most eligible situation.

concerning the place where the fforte should be erected. Point Comfort Especially Point Comfort was spoken of and was thought the most convenient place, but the great and many difficultyes therein, and the want of means and materials for effecting thereof doe almost make it impossible for our weake abilityes to bring to perfection: therefore [the lines of the original not legible.] both the assistance of their persons and estates to accomplish so good a worke as to raise fortifications which will be both a safetie and reputation unto this colony.


Penalties for

to church, to be enforced.

IT is ordered that there bee an especiall care taken not repairing by all commanders and others that the people doe repaire to their churches on the Saboth day, and to see that the penalty of one pound of tobacco for every time of absence and 50 pound for every months absence sett downe in the act of the Generall Assembly 1623, be levyed and the delinquents to pay the same, as alsoe to see that the Saboth day be not ordinarily profaned not to be pro- by workeing in any imployments or by iournyeing from place to place.

Sabbath day


Who to pay tithes to the ministers.


IT is thought fitt that all those that worke in the ground of what qualitie or condition soever, shall pay tithes to the ministers.



[From the Ancient Records relating to Virginia, Vol. 3, p. 215.]



"JULY the 9th, 1630.-Dr John Pott, late Governor, indicted, arraigned and found guilty of steal'ing cattle, 13 jurors 3 whereof councellors. This day "wholly spent in pleading; next day, in unnecessa"ry disputation: Pott endeavouring to prove Mr. Kingsmell (one of the witnesses against him) an


* That the Governor and Council were vested with judicial powers, under the colonial government, is a historical faci, well known, without resorting to the ancient charters to support it. The following entry taken from some loose manuscript sheets, found among the acts, &c. of the General Assembly, of the period to which they relate, will shew how their courts were constituted, and the mode of doing business.


A court at James Citty the 16th Nov. 1627." "Capt. ffrancis West, Esq. Governor, &c." "Doct. Pott,"

"Capt. Smith,"
"Capt. Mathewes,"

"Mr. Persey."
"Mr. Secretary,"
"Capt. Tucker,"
"Mr. ffarrar."

"At this court the lady Temperance Yeardley, came and did fully and absolutely confirme as much as in her lay, the conveyance made by her late husband, Sir George Yeardley, Knt. late Governor, deceased, unto Abraham Persey, Esq for the lands of Flowerdieu Hundred, being one thousand acres, and of Weanoake on the opposite side of the water, being 2200 acres. And the said lady Temperance Yeardley, did then alltogether absolutely disclaime and release unto the said Abraham Persey, all her right, interest and claime, in all and every part of the said lands, to herself any ways being and appertaining, either by way of dower or thirds."

"The presentments of the minister and church-wardens of Stanley Hundred, were delivered into the cort, under their hands. And also a register of marriages, burials and christenings."

"Upon the presentment of the church-wardens of Stanley Hundred for suspicion of incontinency betweene Henry Kinge and the wife of John Jackson, they lyinge together in her husband's absence; it is thought fitt that the said Kynge shall remove his habitation from her, and not to use or frequent her company until her husband's retorne."

"The coppies of the proceedings in the monthlie costs at Warrosquyoake delivered into the cort by Mr John Upton and Mr. Thomas Jordon commissioners there."


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"hypocrite, by a story of Gusman of Alfrach the rogue. "In regard of his quality and practice, judgment respited till the king's pleasure known; and all the "councel became his security."


"July 13th, 1630. William Matthewes servant to "Henry Booth, indicted and found guilty of petit trea"son, by fourteen jurors. Judgment to be drawn and "hanged."

"For scandalous speeches against Governor and "Councell, Daniel Cugley sentenced to be pilloryd, "but was forgiven."

"September 17th, 1630. Hugh Davis to be soundly "whipped, before an assembly of Negroes and others "for abusing himself to the dishonor of God and "shame of Christians, by defiling his body in lying "with a negro;* which fault he is to acknowledge "next Sabbath day."

"The inventorie of the goods of Roger Prichard delivered into cort and pruved to be a true inventorie by the testimonie of John Hausey." In deciding controversies between individuals, the evidence was always recorded, before the judgment of the court was pronounced.

* Negroes were first introduced in Virginia from a Dutch ship, in the year 1620. See Beverley pa. 51. Burk's Hist. Vol. 1, pa. 211.




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

ffor Shirley Hun-
dred Maine

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SIR JOHN HARVEY, Knight, Governor, &c.

Doctor Pott,

Capt. Mathewes,

Mr. ffarrar.

The names of the Burgesses were as followeth, vize

Impr. ffor the plantations of (Capt. Thos. Osbourne,
the Colledge and
neck of land

Thos. ffarmer.

(Thomas Palmer,
John Harris.

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ffor Shirley Hundred ( Cheyney Boys,
Walter Aston.

In the Acts of this session there are some peculiarities in the hand-writing which do not occur in those of October, 1629. The small "e" is reversed, the circular part appearing to the right hand, instead of the left, and most frequently it resembles the smali Italic "o" with a horizontal cross near the top:-The letter "c" at the beginning of a word, is written like the capital "O" with a perpendicular stroke through the centre; in the middle of a word it resembles the letter "r" but at the end, it is written like the small Greek sigma as explained in the note at the beginning of the Acts of 1623.— The letter "" is made nearly like the modern "u." But what would create the greatest difficulty with those not accustomed to the reading of the ancient manuscripts, is, the formation of the letter “h,” which is invariably written like the modern capital "E," the whole letter extending below the line. The other peculiarities noticed in the MS. of the Acts of the last session, (except in the letter " are common to this.


The MS. from which the session were

acts of this

printed, is now in the Library of Congress at Washington.

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ffor Warwick River

Capt. Robert ffelgate.

ffor Hog Iland-Capt. John Uty.

ffor the neck of land in

the corporation of Richard Brewster. James Citty

ffor Archer's Hope and S Theodore Moyses. Glebe land {Henry Ceny

ffor Harrop and the plan

tations betweene Ar- John Browning,
cher's Hope and Mar- (Thomas ffareley.
tin's Hundred

ffor Martin's Hundred {Robert Scotchmore,

Thomas ffossett.

ffor Mulbury Iland

(Thomas Harwood, Anthony Barham.

Thomas fflint,
John Brewer.

Thomas Ceely,
Christopher Stokes,
Thomas Key.

ffor Denby

ffor Nutmegg Quarter-Joseph Stratton.

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