calf, kid and pig. How set out. Also the 20th ensueinge, the twentyeth calfe, the twentyeth kidd of goates, and the twentyeth pigge throughout all the plantations in this colony; and where the nomber of the calves, kidds, or piggs arise to twenty, then the owner is to choose five out of the sayd nomber of twenty, and the mynister to make choyse in the sixt place, but yf it søe fall out that the nomber bee lesse than twenty, then the mynister shall sett the price, and the owner either to take the sayd calves, kidds or piggs, then fallen and pay the mynister the twentieth part or else the mynister o take the same and allow unto the owner soe much How long the as shall be due unto him. And it is thought fitt, That owners to keep the owner keep the sayd calves, kidds or piggs, untill the tyme that they be weanable, that is to say, for them. calves the owner to keepe them seaven weekes, and kidds likewise seaven weekes and piggs one mounth. To give notice And the parishioners are to give notice unto theire mynisters when they are to fetch theire calves, kidds and piggs that be due unto them. to the minis ters. Fees of ministers. ACT XV. IT is likewise ordered, That the mynisters shall have these petty duties followinge, vizt: How the Ministers dues of ffor marriage ffor churchinge ffor burryinge ACT XVI. IT is ordered, That uppon the 25th of October, yf it bee not Sonday, & then the day followinge the church wardens shall give notice to the parishioners, that they of con collec- bringe inthe dutie of 10 lbs. of tobacco for the mynis 10 lb. of lobe. and a bushel ted. Penalty. ter's unto a place to be appoynted, within that plantation by the church wardens, and that the mynisters be warned to be there, or appoynt some other to receive the same. And it is likewise ordered, That the dutie of a bushel of corne, be brought in uppon the 19th day of December to the place appoynted within that plantation, by he mynister. And no planter or parishioner may neglec the bringinge of the tobacco, or corne as aforesayd, ppon the penaltie that yf any make default, they shall forfeite double the quantitie of tobacco and corne, to be levyed by distresse, by the authoritie of the comandes. And likewise all arrerages of tobac Penalty on church war co and corne which have been due to the mynisters as duties shall and may be recovered by distresse, by virtue of this act of this Assembly, and yf the church wardens shall fayle in the execution of theire office, hereby enioyned, then the comander shall take order, dens for negthat what shall remayne uupayd, and owinge to the lect. mynysters shall be levyed by distresse out of the church wardens goods and chattels. ACT XVII. paired. IT is ordeyned and enacted, That in all such places Churches to be where any churches are wantinge or decayed, the inha- built and rebitants shall be tyed to contribute towards the buildinge of a church, or repayring any decayed church. The comissioners, togeather with the mynisters, church wardens and cheife of the parish, shall appoynt both the most convenient place for all parts to assemble togeather and also to hire and procure any workemen and order such necessarie businesses as are requisite to be done in such workes. This they are to effect before the feast of the nativitie of our Saviour Christ, or else the sayd comissioners yf they be deficient in theire duties to forfeite £. 50 in money. And it is ordered in like manner, That there be a certain portion of ground appoynted out, impaled or fenced in to be for the buriall of the dead uppon the penaltie of 20 marks. ACT XVIII. ACCORDINGE to the former orders of the Assembly, the fift of March, 1623, It is now thought fitt and accordinglie ordered, That the mounthlie corts be held and kept in remote parts of this colony, vizt. for the upper parts, Warwicke river, Warrosquyoke, Elizabeth Citty and Accawmacke. The commission for the upper parts shall be as followeth, vizt. "To all to whome these presents shall come I Sir John Harvey, Kut, Governor and Captayne General of Virginia send greetiuge in our Lord God everlastinge, Whereas for the greater ease of the inhabitants in divers parts of this colony and for the better execution of the peace and due execution of such lawes and orders as are or shall be established for the government of the people and inhabi Burying inclosed, ground to be Monthly courts estab lished, as by a former law. Form of the commission to the commissioners of monthly courts. Commission ers names. Any four to act. Jurisdiction. and power, The Governor and counsell togeather with the Burgisses of the Grand Assembly have thought fitt and accordinglie appoynted that theire shall be mounthlie corts and oftener uppon extraordinarie causes requiringe, and agreed uppon by the maior part of the commissioners, held and kept in the remoate plantations, "Nowe Knowe YEE that accordinge to the same order, these persons whose names are here inserted, are for the tyme beinge assigned and appoynted to be the present comissioners of and for the upper parts within the precincts of Charles Citty and Henrico, William Ffarrer, Esq. Capt. Francis Epes, Capt. Thomas Paulett, Capt. Thomas Osborne, Thomas Palmer, gent. Walter Aston, gent. which sayd comissioners or any fowre of them shall have fall power and authoritie to heere and by the maior part of voyces to determine all such suites and controversies betweene partie and partie as exceed not the value of five pounds sterlinge. And further that they take into theire cares the conservation of the peace, the quiett government and safetie of the people theire residinge or beinge. And that all orders and acts of the Assembly be kept and observed, and accordinge to the same and as neere as may bee accordinge to the lawes of the realme of England, to inflict punishment uppon the offenders and delinquents, and to doe and execute, whatsoever 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; Provided alwayes that it shall and may be lawfull for the plaintiffe or defendant, in any suite before the sayd commissioners dependinge either before, or after judgment, yf it be before execution awarded, to obtayne a warrant from the Governor to stay the proceedings in How exercised any cort of the sayd comissioners, and to remove the cause and the records concerninge the same, into the cort holden before the Governor and Counsell at James Citty. And whosoever shall sue or obteyne any such warrant he shall put in good securitie to answer the costs and damages that shall be awarded agaynst him yf he shall be cast in the sayd suite. And they are Commission 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 comissi Right to ap peal. Security for costs and daimages. ers to keep records. on under the seale of the colony shall signifie the_contrary. Given at James Citty, the fourth day of Sep- Conclusion. tember, 1632, and in the eight yeare of the raigne of our soveraigne Lord Charles, by the grace of God of England, Scotland, France and Ireland, kinge, defender of the fayth, &c. and in the 26th yeare of this plantation.' It is thought fitt, That the comissioners shall take Oath of com this 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 customs 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; you shall hold your corts accordinge to the sayd comission; you shall not lett for guift or other cause, but well and truly shall doe your office of comissioner, so help you God, &c. wick river. There also shall be drawne Mutatis Mutandis for Warwicke river these comissioners, Capt. Sam. Ma- Commission thewes Esq. Capt. Richard Stephens, Esq. Mr. John ers for WarBrewer, Capt. Thomas Flynt, Zacharye Cripps, gent. Thomas Seelie, gent. ffor Worrosquyoake these comis- For Warrossioners Mr. Richard Bennet, Capt. Robert Ffelgate, quyoake. John Upton, gent. Thomas Jourden, gent. Wm. Hutchin son, gent. Ffor Elizabeth Citty, these comissioners, For Elizabeth gent. Ffor Accawmacke these comissioners, Capt. For Accomac. ACT XIX. IT is established and appoynted, That the 4 great quarter cortes shall be held at James Citty, yearlie as followeth, vizt. The first day of March, the first day of June, the first day of October, and the first day of December. Great quarter courts, when to be holden. Regulations for improving the quality of tobacco. Not to be bargoods, at less tered for than 6d a pound, on the Penalty for fence. ACT XX. WHEREAS nothinge can more conduce to the welfare of this colony then that some effectuall courses be established, in the trade of our tobacco, and that wee should take order both to moderate the excessive plantinge and to better the condition and qualitie thereof: Be it therefore first ordeyned and enacted by this present Assembly, That no person or persons, after the publication or notice hereof, doe buy or cause to be bought any marchandise, goods, or any other thinge whatsoever, or make any contract, bargaine or promise for the havinge or buyinge of the same or any part thereof in exchange for the comoditie of tobacco directlie or indirectlie allowinge under the rate of 6d per pound for every pound of tobacco, as the goods first cost in England bona fide uppon penaltie for his or theire first offence to forfeite the value of the sayd marchandize or goods soe by him or them bought or had as aforesayd. And yf any person lawfully convicted or attaynted of and for the sayd offence be thereof agayne lawfully convicted or attaynted, then every person or persons soe offendinge, shall for his second offence loose double the value of the goods and marchandize For the 2d of soe by him bought or had as aforesayd. And yf any person beinge lawfully twice convicted or attaynted of and for the sayd offences and the 3d tyme be thereof For the 3d of lawfully convicted and attaynted, that then every such person for the said third offence shall loose and forfeit thrice the value of all such goods bought or had as aforesaid, the one halfe of which forfeiture shall be to him or them, who shall sue for the same by action of Limitation of debt or information, in any cort within this colony, provided that the complaynt be made within 6 mounthes after the fact comited. And be it therefore further ordered, That the comissioners at the mounthlie corts in all places of this country now established have full power and authoritie by virtue of this act to enquire, heere and determine all and every the defaults and offences perpetrated, comitted, and done contrary to this act, and to make processe against the offenders as the Governor and counsell use to doe in such cases; Provided, That the said corts doe send the true coppies of the proceedings to the Governor and Counsell at theire fence. action. Monthly courts to hear and determine offences against this act. To transmit copies of |