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of Weight should provide and allow surveyors to lay out the county according to the former grants and bounds, not infringing the liberties of any other countie, and alsoe that the said comissioners should make a division of the said countie into two parishes and produce the severall bounds thereof the next Grand Assembly to be confirmed by an act, Provided that the profitts of the whole countie shall remaine vnto Mr. Falkner, Clerke, duringe his residence there, Notwithstanding any other minister that should be imployed in any of the said parishes in the intrim, In conformity to which said act, the comissioners of the said county have returned to this assembly the division of the said county into two parishes (vizt.) The vpper and lower parish. The vpper parish to extend from Lawens Creeke to the eastern side of the Bay, the creeke devideing the plantation of Sam. Davis and Joseph Cobbs to be the extent and division of the said vpper parish: The lower parish to extend from the Pagan-poynt vpon the river side to the plantation of Rich. Hayes, from the Pagan-poynt vppon the bay including all the southerly side to the plantation of the said Cobbs, and that all the inhabitants alreadie resideinge or that hereafter shall reside on that side to belong to the said lower parish: Provided allwaies that they shall not pay above double tithes in the whole, which is accordingly enacted by this present Grand Assembly.

ACT LXX.

IT is enacted by the authoritie aforesaid that there Revenue law be leavied, this present crop, nine pounds of tobacco of 1643-4. per poll, for every tithable person throughout the collony, by the sheriffs as formerly, to be disposed of in such manner and to such vses according to the order of this present Grand Assembly.

ACT LXXI.

IT is enacted by this present Grand Assembly that those of his ma'ts. counsell for the collony shall according to his said maj'ts. instructions be freely exempted from all publick charges and taxes, church duties onely excepted.

Members
of council ex-

empted froin
taxation ex-

cept church

duties.

Quit rents. when to commence.

ACT LXXII.

WHEREAS it was enacted at an Assembly in Jan. 1640, in explanation of the time when quit rents vpon grants of land are due, That all those grants that were of seaven years continuance or above were to beginn their payments (vizt.) Their first year's payment at the fleast of St. Michael the archangel 1639: and soe forwards and that all other grants should have the benefit to be free from quit rents vntil seaven years after their first grant, which is enacted and confirmed by this present Grand Assembly.

Recital of the troubles in England,

as the cause of the gov's.

the King being suspend

ed.

ACT LXXIII.

WHEREAS through the vnkind differences now in England,* It may be with great reason be assured to the most scrupolous that the severall pension and allowance from his ma'tie to the Governour of this pension from place, is for this present withdrawn and suspended, & that therefore for the sustentation and support of the honour of this place of gov'r. in accomodation from the plantation in cleare and absolute termes of necessitie is required and inforced. Yet nevertheles this present Grand Assembly together and eye to the honour of the place, haveing alsoe entred into a deep sense and consideration of the duty and trust which the publique votes and suffrages have cast vpon them, vnder which is comprehended as the most speciall and binding obligation, the preservation of the rights and properties of the people, to which this course now intended may seem to threaten violence however rather innovated in the maner and circumstance then in value and substance, Yet as well for the silenceing of pretences as for answearing of arguments of weight, It is thought fitt hereby to declare that as from the infancy of the collony there was never the like concurrence and pressure of affairs, which they likewise hope and pray to Almighty God to from his ma'tie. and his ma'tie's King

The assembly deter

mine to grant bim accommodation; but declare

that the act is not to be drawn into precedent.

*This has an allusion to the civil war in England, between Charles the first and his parliament; which commenced in 1642, and about this time was raging at its full height. It terminated in 1649, with the death of Charles and the abolition of monarchy: whereupon Cromwell was declared Protector.

dom, soe they have recorded to the posteritie with this ensueing president of accomodation for the Governour, That the aforesaid instance and motives removed they will never yeild or consent to receive the same, This present Grand Assembly hath heretofore enacted that the present accomodation shall be as followeth (vizt.) Levy for the That there be leavied for the said Governour's accomo- governor's dation for this present year 1643, 2 shillings a head for accommodaevery tithable person in the collony to be paid in provision as hereafter mentioned at these rates (vizt.)

Indian corne at 10s. per barrell--2 barr. of ears to one of corne.

Wheat at 4s. per bushell.

Malt at 4s. per bushell.
Beife at 3d. 1-2d, per pound.

Porke at 4d. per pound.

Good henns at 12d.

Capons at 1s. 6d.

Calves at 6 weeks old 25s.

Butter at 8d. per pound.

Good weather goats at 20s.

Piggs to roast at 3 weekes old at 3s. per piggCheese at 6d. per lb.-Geese, Turkeys and Kidds at 5s. per peece.

The provision of corne to be leavied out of these counties:

Henrico, North'ton, Eliza. Cittie, Lower Norff. Vpper Norff. Yorke including Peanketank.

These counties to pay the other provision: Charles Cittie, Ja: Cittie, Isle of Wight, and Warwicke.

tion.

Of what to consist and by what counties payable.

Ffor collecting hereof it is hereby enacted by this How collectGrand Assembly that vpon the Governour's notice of ed. the severall countie courts: allowing the reasonable time that the leavie the said severall proportions, alike proportionably as aforesaid in 2 places in evrie parishi within the severall counties respectively: And the sherriffe of the severall counties with the assistance of the constables of the limitts are to give notice to the inhabitants, after the said provision is to be leavied, to bring in their severall proportions to the said severall places by them appointed as aforesaid, And in case of refusall

to distrain vppon the estates of such who shall be delinquent in payment, and bringing it to the aforesaid places for satisfaction thereof, And the said sherriffs after such collection are hereby enabled to hire boats, and men, to bring the same to James Cittie to the Governour's. And their several disbursments and charges therein expended to be putt to account and presented to the next Grand Assembly to be satisfied out of the leavie.

WILLIAM BERKELEY.

ATT A

GRAND ASSEMBLY

HOLDEN AT JAMES CITTIE THE FIRST OF October, 1644.

The MS.

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

[From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death, it was purchased, with his library, by Thomas Jefferson, Esq. from whom it was borrowed by Edmund Randolph, Esq.]

PRESENT RICHARD KEMPP, Esquire, Govern

or, &c.

Capt. Wm. Claiborne,
Capt. Wm. Peirce,
Capt. Hen. Browne,
Capt. Wm. Brocas,
Mr. Geo: Minifie,
Mr. Rich. Bennett,
Capt. Hum. Higgison,
Capt. Wm. Bernard,
Mr. Geo. Ludlow,
Capt. Rich. Townesend,

ESQUIRES.

The names of the Burgesses for the severall plantations:

Capt. Rob't.Hutchinson,
Mr. Stephen Webb,
Mr. Edward Travis,

James Citty countie

Mr. Thos. Loveing,

Yorke* countie

Isle of Wight countie

Lower Norff.

Elizabeth City

Warwick county†,

Northampton county‡

Mr. George Jordan,
Mr. John Shepherd,
Mr. Thomas Warren.

Mr. John Chew,

Mr. Rowland Burnham,
Capt. X'pher Caultropp.

Mr. Peter Hull,
Mr. Geo. Hardy,
Mr. Rich. Death.

Mr. Cornelius Lloyd,
Mr. John Sidny.

(Leift. Wm. Worbrigh,
Mr. John Hodin.

Capt. Tho. Bernard,
Mr. John Walker,
Mr. Hen. Heyrick.
Mr. Obedience Robins,
Mr. Edward Douglas.

Mr. Randall Crew,
Mr. Moore Fontleroy.
Capt. Edw.Hill, Speaker
Mr. Fra. Poythers,
Mr. John Bishopp,

Vpper Norff.

Charles Citty

Mr. John Westropp.

Mr. Dan. Llewellin,

Mr. Richard Cocke,

Henrico county

Mr. Abra. Wood,

Mr. William Hatcher.

Formerly Charles River. See act 13 of 1642-3, ante pa. 249.

↑ Formerly Warwich River. See act 13 of 1642-3, ante pa. 249.

+ Formerly Accawmacke. See act 13 of 1642-3, ante pa. 249

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