middle plantation, they shall have fifty acres of land Inheritance, and be free from all taxes and publique chardges accordinge to a former act of Assembly made the forth day of September last past.

Extract from the Minutes of the Judicial Proceedings of the Governor and Council in Virginia.

"24th June, 1633.-A woman, Margaret Hatch, "indicted for murdering her child. Petit jury find "her guilty of manslaughter. Sentenced to be hang"ed; pleads pregnancy; and jury of Matrons find "her not pregnant."-Ancient Records, vol. 3, pa. 224.

ACTS

MADE BY THE

GRAND ASSEMBLY,

HOLDEN AT JAMES CITTY, THE 21st AUGUST, 1633.

The MS.

from which the acts of this session were printed is now in the library of Congress at Washington,

ACT I.*

An act concerninge the Orders about Tobacco.

WHEREAS for the better orderinge of tobacco, as Preamble. well concerninge the trade as the plantinge thereof divers acts from tyme to tyme have been made and established, yet partlie for the imperfections and inconvenyencyes, that are found and doe appeare in sundry of the said acts, and for the varietie and nomber of them, and cheifelie for that the price of tobacco in the same sett and lymited is so small and not answerable to this tyme, respectinge the present advancement of this commoditie in the kingdome of England and other parts the said act cannot convenientlie be understood, nor without great prejudice continew and be put in execution. And as the said severall acts were at the makinge of them thought to be very good and benefi

*The acts of this session are generally numbered in the MS. in the margin.

Former acts concerning tobacco repealed.

Goods to be bartered for tobacco at

James City only.

Limitation of the price of tobacco and goods.

Penalty for evading the law.

Not to ex

tend to do

ciall for the common welfare of this colony, as divers of them yet are so, yf the substance of as many of the said orders as are, meete to be continewed shall be reduced and digested into one sole law and act in some uniforme order prescribed and lymnited for the prices of tobacco, and also for the true dischardginge and landinge of all goods and marchandise at the port of James Citty, there is good hope that it will come to passe that the same lawe beinge dulie executed, should advance the price of this comoditie, and yeild unto the planters a good helpe towards theire supportation and further enablinge them to take in hand workes of better consequence;

Be it therefore enacted by the authoritie of this present Grand Assembly, That the orders made in the Grand Assembly holden the first day of ffebruary 1632, in one act intituled "The orders concerninge tobacco," with the severall parts in eight distinct branches specified, and the penaltie and forfeitures concerninge the same, shall be from and after the publication hereof repealed and utterlie voyd. And likewise that the 20 and 21st acts made the 4th day of September, 1632, be also repealed and of none effect.

And be it further enacted, That all goods and marchandise imported into this colony which shall be sould for tobacco shall be only sould and bartered at James Citty, with the knowledge and privitie of such store keepers as shall be there appoynted, who shall be able to testifie whether 9d per lb. be really given for the said tobacco and marchandize uppon penaltie of the forfeiture of the said goods which shall be otherwise bought and bartered. And yf any person or persons within this colony doe directlie or indirectlie sell or barter away any of the tobacco of the groath of this colony for such goods as he or they shall buy at James Citty, under the rate of 9d per lb. bona fide as the goods first cost in England he or they shall forfeite for soe doinge the said tobacco, the one halfe of which forfeitures shall be to the informer and the other halfe to publique uses; and shall also suffer such further punishment as shall be thought fitt by the governor and Counsell.

Neverthelesse it shall and may be lawfull and free to buy and barter for tobacco at such rates as the parties

cles.

can agree, any lands, leases, houses, servants, corne, mestic articattle, hoggs, poultry or any household stuffe, hides, skynnes or any other such comodities as are or shall be raised, built or made in this colony. Any thing in this act to the contrary conteyued notwithstandinge.

established.

At what pla

ces.

Be it further enacted and appoynted, That there be 7 stores or seaven stores erected and built in the places hereafter warehouses specified, vizt. the first and second of the said stores, to be sett upp in the upper parts in such convenient places, as the counsellors and comissioners for those parts shall thinke most fittinge, for the ease of the inhabitants, comprehendinge all the plantations on both sides the river from the falls to Weyanoake includinge the plantations of Weyanoake. And it is further ap poynted, that the third store be erected and built at James Citty, for the inhabitants from Weyanoake to Stanley Hund. and Lawnes creeke on both sides the river. And the forth store to be for the inhabitants of

keepers appointed.

All tobacco to be brought

day of Dec.

One of the

Warrosquyoake in such convenient places where the comissioners shall appoynt. And the fift store at Den- Commissionbigh comprehendinge all the inhabitants there, in Stan-ers to cause ley Hund. and from thence downe to Maries Mount. stores to be And the sixt store to be in Southampton river, for the built, & store inhabitants of Maries Mount, Elizabeth Citty, Accawmacke and the Ile of Kent. And the seaventh store to be in Charles river, for the inhabitants of Kiskyake, Yorke, and the places adioyninge. And the comissioners for the severall parts shall take care to see sufficient stores built and able store keepers appoynted as they will answer the contrary. And all the planters shall be obliged to bringe in all their tobaccoes into the said severall stores before the last day of December next, and soe forth from yeare to yeare. And all the said tobacco beinge brought into the said stores, shall be there repacked, viewed and tryed by sworne men nominated for that purpose, whereof one at least to be of the counsell, whose dwellinge is neerest to that place, to whome the rest of the comissioners of the severall plantations shall be ioyned assistants, who togeather with such as they shall appoynt shall once a weeke or oftener yf neede require, take veiwe of such tobacco as is brought in, and cause the badd and ill conditioned tobacco instantly to be burnt. And such tobacco as the said sworne shall finde to be good and marchant

to the warehouses before the last To be inspect ed by sworn inspectors. council, whose dwellis nearways an inspector, to be assisted by commissioners of monthly courts. once a week at least.

ing

est to be al

To attend

Bad tobacco to be burnt.

Good, to be received, on

account of the planters.

Tobacco to be brought

to warehouses before last day of December.

Oath to be taken.

Reservation for planter's

own use.

When and

what tobac

able, shall be receaved into the said stores and uppon the severall accounts of these that were the planters thereof. Furthermore it is ordered, that no person or persons doe or shall pay or receave or cause to be payd or receaved any

[Obliterated.]

tobacco

And any person or persons for whome one or more cropp or cropps of tobacco shall be planted shall not withhold or reteyne, any tobacco from bringinge the same to the said stores uppon penaltie of confiscation of soe much as shall be kept backe at the last day of December, to which purpose also every such person or persons shall be sworne at or before the last day of December yearlie to take his oath at the said stores, or there to present certificate of such oath under the hands of the said comissioners that he or they had kept back from the store no tobacco of theire cropp or cropps except such as is reserved for his or theire owne drinkinge, [a] to use in his or theire owne families, &c.

And no tobacco upon payne of confiscation after the publication hereof, shall be made upp in rolle exco to be made cept betweene the first day of August and the last day up in rolls. of December. And no ould tobacco shall be made upp upon the like payne, but such as is cured that present yeare.

Limitation of number of plants per head.

Right to

plant not to be transferred. What sorts

to be planted.

Crops to be viewed and numbered.

Be it further enacted, That no planter or master of a familie, shall plant or cause to be planted above 1500 plants per pol, and they which shall not plant tobacco, or they which shall be otherwise imployed shall not transfer to make over their proportion of plantinge, the said 1500 thereof unto any other person or persons whatsoever, and as neere as may be shall endeavour themselves to plant and sowe these kinds of tobacco which are of and all other sorts the next yeare shall be quite left and given over. And to prevent quantities, every planter or master of a familie, plantinge a cropp of shall be tyed to procure one of his neighbors or some other sufficient man, to his or theire plants of tobacco, who will upon

[a] Spendinge in former act

his

oath declare and testifie unto

of Return on

pro

neglect.

For exceeding the quantity.

Invoices of

goods to be

that place before the last day of July yearelie that he oath. hath counted and nombered the said plants, and shall say in his conscience the iust and true nomber of them, which thinge yf the said planter or master of a familie shall neglect, he shall forfeite for the said neglect the value of £10 sterlinge to the mainteynance of the cas- Penalty for tle. And the commander is hereby tyed under severe punishment to present such offenders unto the next mounthlie cort which shall either take good securitie for the payment of the said £10 or commit him or them until they shall put in sufficient securitie or pay the said £10 in money. Aud yf any person or persons shall be found to exceede the nomber and portion of 1500 plants per pol, it is ordered that he or they shall forfeite 6d. for every plant soe exceeded, the one halfe of which forfeiture shall be to the informer and the other halfe to publique uses. And further to avoyd any indirect courses to frustrate the good inten- delivered. tion of this act, all captaynes, masters of shipps or pursers, or other officers whatsoever, as also all passengers, saylors and owners of any goods imported into this colony, or which shall as factors have the disposall of any such goods as are imported for sale and marchandise, shall deliver places appoynted at James Citty, the true contents of all such goods, and every part thereof in particular to the uttermost of theire knowledge, and that they have not disposed nor sold any of the said Oath to be goods, and yfin case they shall finde after such given in upon oath more than are mentioned in the same they shall give knowledge of the same; which oath yf any shall refuse to take then he shall be comitted to prison, untill he shall take the same oath. And further it is ordered, that able searchers be appoynted be appointed from tyme to tyme to search the holds and secrett places of all shipps or vessels which shall import any goods as aforesaid, and yf the said searchers shall finde any concealed goods, they shall give notice thereof to the Governor and Counsell and seize them into theire hands.

taken.

Penalty.

Searchers to