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23.

24.

28

29.

30.

31.

That every dwelling house shall be pallizaded in for
defence against the Indians.”

That no man go or send abroad without a sufficient
partie will armed.

That men go not to worke in the ground without
their arms (and a centinell upon them.)

That the inhabitants go not aboard ships or upon
any other occasions in such numbers, as thereby to
weaken and endanger the plantations.

That the commander of every plantation take care
that there be sufficient of powder and amunition with-
in the plantation under his command and their pie-
ces fixt and their arms compleate.

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That there be dew watch kept by night.

That no commander of any plantation do either
himselfe or suffer others to spend powder unneccessa-
rily in drinking or entertainments, &c.

That such persons of quality as shall be founde de

linquent in their duties being not fitt to undegoe cor-
poral punishment may notwithstanding be ympri-
soned at the discretione of the commander & for
greater offences to be subject to a fine inflicted by
the monthlie court, so that it exceed not the value
aforesaid. -

That every man that hath not contributed to the
finding a man at the castell shall pay for himself and

Dwelling

houses to

be palisadoed:

Precautiou as to arming men.

The same.

Inhabitants not to absent theniselves too much from their plantations.

Precautions as to powder and arms

Watch

Powder not to be unnecessarily spent.

Persons of quality, delinquents, instead of corporal punishment to be imprisoned

* This and the subsequent acts grew out of the situation of the "ountry, arising from the late massacre

Castle du ties.

When to $2. fall on the savages, and provision for the wounded.

Taxes. 33.

Obedience 34 to superi- ors.

Commis- 35. zioner sent to England.

servants five pounds of tobacco a head, towards the discharge of such as had their servants there.

That at the beginning of July next the inhabitants of every corporation shall fall upon their adjoyning salvages as we did the last yeare, those that shall be hurte upon service to be cured at the publique charge; in case any be lamed to be maintained, by the country according to his person and quality.

That for defraying of such publique debts our trou

bles have brought upon us. There shall be levied 10 pounds of tobacco upon every male head above sixteen years of adge now living (not including such as arrived since the beginning of July last.)

That no person within this colony upon the rumur of supposed change and alteration, presume to be disobedient to the present government, nor servants to their private officers, masters or overseers at their uttermost perills.

That Mr. John Pountis, counsellor of state, goin to England, (being willing by our intreatie to accept of that imployment,) to solicite the general cause of the country to his majesty and the counsell, towards the charges of which voyage, the country consente to pay for every male head above sixteen years of adge then living, which have been here a yeare four pounds of the best merchantable tobacco, in lease, at or before the last of October next.

Subscript.

SIR FRANcis Wyatt, Knt. Governor, &c.

Capt Fran's West, John Pott,
Sir George Yeardley, Capt. Roger Smith,
George Sandys Trear, Capt. Raphe Hamer.

John Pountis,

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{{GP FROM the year 1623 to 1629 there is no notice taken, in the proceedings of the London Company, of any assembly having been held in Virginia, except what can be gathered from the answer of the General Assembly to the letter of King Charles the 1st, . of the 16th of June, 1628, recommending the introduction of various staple commodities. This answer bears date the 26th of March, 1628.9, is faithfully abridged in the Ancient Records (vol. 3, pa. 211) and an entire copy is preserved in the MS. containing the acts of six sessions from October, 1629, to August, 1633, with which the editor has been favoured by Mr. Jefferson.—(See note prefixed to Acts of 1629.)

During the above period, the governor and council, by proclamation, seem not only to have exercised legislative powers, but to have enforced in this manner laws of the General Assembly previously enacted. In some instances, reference is made in the proclamations to pre-existing laws (which were probably directed by the legislature to be promulgated in that way;) in others they appear to proceed entirely from the governor and council. Thus, in 1626, we find a proclamation, by the governor and council, prohibiting the trading with Indians for corn, there being a great scarcity of that article. In the same year there is a proclamation “concerninge divers orders about merchandisinge,” which

contains regulations to be observed on the arrival of the ships from England, prohibitions against ingrossing: &c. and buying goods to sell again by retail; also, against any person's going on board a vessel, except a member of the council, without a warrant from the governor.—There is also a proclamation of the same year, reciting a former act of assembly, and requiring, under severe penalties, that those who had neglected to palisado their houses, should do it by a given time.

1627. April 12th, a proclamation “To be careful “of the Indians.” August 1st, “Concerning the in“tent of paling in the forest.” December 4th, “For “paying of debts.”

1628. April 4th, a proclamation, “concerning the “Indians.” April 30th, “forbidding to marry with“out lycence” or asking in church:-Same day—“Con“cerning the plantinge of tobacco and corn.” . This proclamation, which is said to have been made “by “the governor together with the advice of the councell “of state, and general assembly, upon full debate and “consideration of the premises,” directs that such a reasonable proportion of tobacco shall be planted, only, as may be cultivated without injury to a plentiful crop of corn;–that the plants o be set at least four feet and a half apart, and that not more than twelve leaves should be gathered from a plant;-and finally, that great care should be taken not to burn it in the sweating. August 12th, another proclamation “Concerning the Indians,” which had for its object the con

clusion of a treaty of peace with them.

1628–9. March 20th. On this day eighteen commissions, all of the same tenor, issued (or perhaps were only renewed, as appears from an indorsement on the manuscript) constituting the person to whom each was addressed, either CoMMANDER or PRINcipal CoMMANDeR of PLANTATIONs. On the same day two commissions issued appointing CommissionERs for holding Monthly Courts, in different parts of the colony.

. As the power and jurisdiction of these officers both in their military and civil capacities, are fully express*d in their commissions, a form of cach is inserted.

COMMISSION

TO A

COMMANDER OF PLANTATIONS.

“By The Governor AND CAPTAINE GENERALI, of
VIRGINIA.

“TO all to whome these presents shall come, I John “Pott, Esq. Governor and Captaine General of Vir“ginia, send greeting, in our Lord God everlasting; “whereas the affaires of this colony doe necessarily

Recital.

“require that men of sufficiency and experience bee

“appoynted to command and governe the several plan“tations and inhabitants within the same, both for the “better order of government in the conservation of “the peace and in the execution of such orders and “directions as from tyme to tyme shall be directed “unto them, as alsoe for the preventing and avoyding “of such mischiefes as may happen unto us by the in“trusions and practizes of the lindians our irreconcile“able enemies; Now KNow YE, that I the said John “Pott out of the good opinion I conceive of the dis“cretion, care and circumspection of lieutenant Edward “Waters doe by these presents, with the consent of the “councell of state, constitute and appoynt him the said “Edward Waters to bee the present Commander of “ and for the plantations within the precincts of Eliza“beth Citty lying and being on Southampton river “and extending towards Fox-Hill and the places “thereabouts. Gyving and by these presents grant“ing unto him full power and authority to doe, exe“cute and performe all such matters and things as are “incident and appertayning to the place and office of “Commander there. ResERving allwales unto Capt. “Thomas Perfury all such privileges and authori“ ties as are appertayning to the place of principale “commander there.(a) Willing and requiring him “the said Edward Waters to see that all such orders

(a) The commissions to the principal commanders, are the same,

mutatis mutandis; only styling them principal commanders, and omitting whatever relates to the reservation of power in this cemmission.

Appointment.

Precinct.

Power.

Exce; otion. r

Duty.

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