inge to the lawes of the realme of England, to inflict punishment, uppon the offenders and delinquents, and to doe and execute, whatever a justice of peace, or two or more justices of peace may doe, such offences onlie excepted, as concerne the taking away of life or members; Provded alwayes that it shall and may be lawfull for the plaintiff or defendant, in any suite before the sayd commissioners dependinge either before, or after judgment, yf it be before execution awarded, to appeale to the cort of James Citty there holden by the governor and counsell. And they are hereby required from tyme to tyme, to keepe records, of all judgments, orders, and other matters of moment, as by them shall be concluded and agreed on. And this comission to continue in force untill I by my comission under the seale of the colony shall signifie the contrarie. Given at James Citty, the first day of March, 1631, and in the seaventh yeare of the raigue of our soveraigne Lord Charles, by the grace of God of England, Scotland, France and Ireland, kinge, defender of the fayth, and in the 25th yeare of this plantation."

It is thought fitt, that the comissioners shall take Oath of comthis oath as followeth, vizt. "You shall sweare as a missioners. comissioner for the upper parts, within the precincts of Charles Citty and Henrico, accordinge to the articles of the comission directed unto you, by the governor, you shall doe equall right, to the poore and to the rich after your cunninge, witt, and power, and after the lawes and customes of this colony, and as neere as may be after the lawes of the realme of England and statutes thereof made, you shall not be of counsell in any case or quarrell hanginge before you, and that you hold your corts accordinge to the sayd comission, yon shall not lett for guift, or other cause, but well and trulie you shall doe your office of comissioner, soe belpe you God, &c." The like comission to be drawen mutatis mutandis Commissioners for Warfor Warwicke river. These comissioners Capt. Samuel Mathewes, Esq. quor. Capt. Richard Stephens, Esq. quor. Capt. Thomas Fflynt, John Brewer, gent. Zacharie Cripps, gent. Thomas Seely gent.

WARROSQUYOAKE.

wick river.

Capt. Nath. Basse, Esq. quor. Thomas Jorden, gent. For Warros Richard Bennett, gent. Wm. Hutchinson, gent. John quyoake. Upton, gent.

Por Elizabeth

City.

For Accomack.

ELIZABETH CITTY.

Capt. Wm. Tucker, Esq. quor. Wm. English, gent. Capt. Thomas Purifie, Esq. quor. George Downes, gent. Capt. Thomas Willowby, John Arundell, gent. Adam Thoroughgood, gent.

ACCAWMACKE.

Capt. William Claybourne, Esq. quor. Obedience Robins, gent. Capt. Thomas Grayes, quor John Howe, gent. Capt. Edmond Scarborough, quor. Roger Saunders, gent. Charles Harmar, gent.

Decedent's es

ACT XXXIV.

IT is thought fitt and accordinglie orderd, That there tates to be ap- be a publication made that all estates of any deceased persons, be appraysed after the rates of money and not in tobacco as hath beene accustomed heretofore.

praised in

money.

Monthly courts to prescribe punishment for taking away boats, canoes, & weirs.

Contents of a

ACT XXXV.

IT is thought fitt, That the mounthlie corts, doe as in their discretions they see fitt, strictlie doe right agaynst such persons as shall take away or loose any other mens boates or cannoes, or shall take away any wares, because of the great damage, that may ensue, uppon such trespasse, and wronge.

ACT XXXVI.

IT is ordered, That a barrell of corne shall be acbarrel of corn. counted five bushells of Winchester measure, that is to say, 40 gallons to the barrell, and that the comissioners, for the mounthlie corts throughout the colony, doe take Sealed barrels order and see that sealed barrells are made and sealed to be kept. with this seale as in the margent, [VG] which seale they are to keepe, and uppon request to seale such barrells, and bushells, as shall be brought unto them.And be it ordeyned and established, That whosoever shall use or cause to be used any unsealed barrells or bushells after the feast of St. John Baptist, next ensueinge, shall forfeit 13s. 4d. and sett on the pillorye and

Penalty for using unsealed barrels,

the measure and barrell deficient shall be broken or burnt. And for defective weights, it is ordayned that And defective the offender shall be punished according to the statute in that case provided.

ACT XXXVII.

The 2d of March, 1631. "

we'ghts.

Marshartt.

THE Assembly doth order and graunt, That there Compensation be payd out of the generall levey unto Capt. Mar- to capt. shart's attorney in full for the carraiges for the ordinance, 1375 lb. of tobacco. And likewise in conside- Also a donaration of the good service done, by the sayd Captain tion to his wife Marshartt to this colony, and to relieve the necessities of his wife and children, the Assembly doth give as a gratuitie, to be sent unto her, 4500 lb. of tobacco, to be payd the next cropp.

ACT XXXVIII.

IT is ordered, That the Governor and Counsell, shall not lay any taxes or impositions, uppon the colony, theire land, or comodities, otherwise than by the authoritie of the Grand Assembly, to be levyed, and ymployed, as by the Assembly shall be appoynted.

ACT XXXIX.

& children.

No taxes to be laid by the council; but by authority

governor &

of the Assembly.

THE Assembly allowed of these publique chardges Appropriation followinge, vizt.

Imprimis, to Capt. Michaell Marshartt

law.

lb. Tobacco.

5875

Capt. Mathewes for the ffort 103000
Capt. Peirce he beinge to shew

account

007351

Capt. Sayre and to shew the ac

count

1680

Governor not to withdraw the inhabitants from their private labours, to his own service.

Exception.

ACT XL.

THE Governor shall not withdrawe the inhabitants from theire private labours, to service of his own, uppon any coullor whatsoever. And in case the publique service require imployments of many hands, before the houldinge of a Grand Assembly, to give order for the same, in that case the levyinge of men shall be done by order of the Governor, and whole bodie of the Counsell, and that in such [manner] as to be the least burthensome to the people, and most free from partialitie, (sudden incursions of the Indians, and such like cases excepted.)

And whereas many occasions doe happen wherein the Governor is to imploy boates and hands, It is thought fitt five or six sufficient men, shall be provided on purpose, and they to be allowed maynteynance from the Governor.

Privileges of the old plan

tets.

ACT XLI.

ALL the old planters that were here before, or came in at the last cominge of Sir Thomas Gates, shall be exempted from theire personable service in the warrs, and any publique charge (church duties excepted) that belonge particularly to theire persons, not exemptinge theire families except such as shall be comander in cheife.

Burgesses privileged

from arrests.

ACT XLII.

NO Burgisses of the Generall Assembly shall be arrested duringe the tyme of the Assembly, a weeke before or a weeke after, uppon payne of the creditor's forfeiture of his debt, and such punishment uppon the officer as the cort shall award.

Forstalling & engrossing.

ACT XLIII.

THE statutes and lawes of England agaynst forestallers, and engrossers, to be made known and executed in this colony.

ACT XLIV.

EVERY private planter's devident, shall be survey- Lands to be ed and layd out in severall, and the bounds recorded surveyed. by the surveyor, and yf there be any petty differences betwixt neighbours about theire devidents, to be desi- Appeals. ded by the surveyor, yf of mayne importance to be refered to the Governor and Counsell,

ACT XLV.

limited.

FFOR encouragement of men to plant store of Price of corn corne, the prize shall not be stinted, but it shall be free not to be for every man to sell it as deere aş he can. And the reason hereof is contrary to the president of other countryes, and kingdoms, for none are so poore heere, as that they may not have as much corne, as they will plant, havinge land enough.

ACT XLVI.

ALL trade with the Savages prohibited, as well Trade with the publique as private.

Indians prohibited.

ACT XLVII.

NOE man shall goe or send abroade without a suf- Precaution as ficient party well armed.

ACT XLVIII.

to being armed

NOE man shall goe to worke in the grounds with- Arms. out theire armes, and a centinell uppon them.

ACT XLIX.

THERE shall be due watch kept by night where Watch. neede requires.

ACT L.

NOE commander of any plantation, shall either Powder & shot. himselfe or suffer others to spend powder unnecessarilie, that is to say, in dringinge or enterteyn

ments.