who shall be found delinquents therein, That vppon Devices. every peece of coyne there be two rings, The one for the motto, The other to receave a new impression which shall be stampted yearly with some new ffigure, by one appointed for that purpose in each county, And that the hon'ble. Sir William Berkeley, Knt. Gov'r. shall have the disposall and placing of such and soe manie officers as shall be necessarilye required for performing and finishing the aforesaid service, Onely Mint master Capt. John Upton is hereby confirmed Mint Master general. Generall: Wee reposing much confidence in his care, ability and trust for the performance of the said of fice. The Assembly is prorogued vntill the first of March Prorogation next, and then a full meeting to be had concerning of assembly. the same. [MARCH, 1645-6-SECOND SESSION.(a)] ACT I. offences not only from their own but from inknowledge, WHEREAS it was enacted at a Grand Assembly Church war bearing date the second of March 1642, concerninge dens to prethe church government, That the church-wardens of sent certain every parish respectively should deliver in a true presentment in writeing of such misdemeanors as to their knowledge have been comitted the yeare before, in that time whilst they were church-wardens, Namely formation of swearing, prophaning God's name and his holy Sab- others. baths, abuseing his holy word and comandments, contemning his holy sacraments or any thing belonging to his service or worship, It is now further enacted by this present Grand Assembly, That the said church wardens [a] The words included thus [ ] have been introduced by the Editor; because this is evidently a second session of the Grand Assembly, as appears not only from the prorogation above mentioned, but from the circumstance that several of the acts of this session speak of those of November, 1645, as of the "first sessions." See act VII, and VIII of this collection, shall not onely present their knowledge of the said misdemeanors, but all persons of evil ffame for the said offences. Adultery, whoredom, fornication & drunkenness ed by church wardens. For neglect to be fined by co'ty courts. ACT II. WHEREAS also by the 5th article of the said act it was likewise enacted, That if any person or persons of what degree or condition soever should abuse themto be present- selves with the high and fowle offences of adultery, whoredom or fornication or with the loathsome sinne of drunkeness in the abuse of God's creatures, that of those and every of those the said church-wardens should make a true presentment. It is now further enacted, That if any church-warden shall faile in the makeing of their due presentments to the county courts respectively that the comissioners do impose a mulkt or fine for all and every such neglect; And in case the comissioners shall be remiss in imposeing a mulkt or fine vpon the church-wardens soe neglecting or in fined by gov. punishing offenders after presentation according to the meritt of the cause, that then the comissioners, vpon complaint made shall be finable att the discretion of the Governour and Council, and that the 7th article of the first act of the 17th Feb. 1644* concerninge the punishment of the negligence of church-wardens be from henceforth repealed. Courts neg. lecting, to be and council. Former law repealed. Act third of Oct. 1644, confirined, with an amendment. ACT III. WHEREAS it was enacted at a Grand Assembly held the 2d of 8br. 1644, That the charges & ffees of the King's prisoners should be defrayed by the severall countys respectively where such prisoners shall be apprehended in case the said prisoners should be found guilty and if not guilty that then they should bear their owne charges; and the same should continue in force till the next Assembly, This present Grand Assembly to all intents and purposes do confirm the said act with this addition and proviso, that any of his ma'ties prisoners being found guilty of any accusation * Aet VI of Feb. 1614-5. not tending to his life shall beare his owne charges & discharge the ffees, any thing in that act to the contrary notwithstanding. ACT IV. ed. WHEREAS it was enacted by the 6th* act of the Act of Oct. Grand Assembly held the 2d of October, 1644, That 1644 explain all charges and disbursments for the cure of hurt men and horses, for boats lost or damnified, boats hire, provision, or ammunition imployed in the publique service, or any other charge therein accrewing, should be presented to the severall county courts where they who have expended any such charges did then reside, and that the comissioners should allow what they conceived reasonable and raise particular levies in the said severall counties for satisfaction thereof to be made to the disbursers, and that the said act should continue till the next Assembly, Be it now enacted for explana- Soldiers tion of the said act and in stead thereof, That what pressed for soldiers shall be pressed for the publique service, In public sercase they shall be hurt or maymed vpon the service, wounded, the county from whence the soldier was pressed shall how provid take care and defray the charge of his cure, and in case of mayme thereby disabling him from labor, That the countyes respectively shall take care for the mainteDance of such soldiers at the discretion of the comissioners who are hereby authorized to raise leavies in the counties for the aforesaid vses, And this to continue during the warr: And that the 11th act of the said Assembly concerning the provision for maymed soldiers be from henceforth repealed. ACT V. WHEREAS it was enacted the 12th of June, 1641, and continued by an act 17th of February 1644, That all ministers should preach in the forenoon and catechise in the afternoon of every Sonday, And in case they should faile soe to doe, that then they forfeit *Arranged as act IV. in this collection. vice and ed for. The 9th act of 1642 repealed & the 5th act of Nov. 1645, concerning fort duties, made perpetual. Act 6th of limiting ac- not to extend to certain officers of court. Secretary, clerk & sheriff to give credit and their fees recoverable. 500 lb. of tob'o. to be disposed off by the vestry for the vse of the parish: Be it now further enacted, That all masters of families vpon warning given by the ministers in the severall places where they shall officiate, do cause their children and servants to repaire to the places appointed to be instructed and catechised as aforesaid vpon the like penaltie that is imposed on the minister, in case of his deteult, to be disposed as aforesaid, vnles sufficient cause be shewn to the contrary. ACT VI. BE it enacted by this present Grand Assembly and the authoritie thereof that the 12th* act of the Grand Assembly held the 2d of March, 1642, concerninge the payment of powder and shott &c. by the masters of ships to the ffort be repealed, and that the 5th act of the first sessions of this Assembly be and remaine in full force power and vertue. ACT VII. WHEREAS by the 6th act of the first sessions of this present Grand Assembly, It was enacted for the avoiding of many vexatious suits which have happened in the collony by accepting of accompts and broken debts, which indeed were not justly due, that no booke debts or accounts should be pleadable in any court of justice within this collony, after 9 months after this instant, March, without specialty or writeing vnder the hand or hands of such person or persons that shall be impleaded for the same vnles a suit be commenced, and a declaration entred and fyled in the county court where the defend't liveth within the said nine months, Provided that the said act should only extend to such debts as should be made within the collony, It is now further enacted, That is respect of the necessitie of the collony, for want of a coine, That officers belonging to the courts of justice as the secretary, clerke and sheriff's should give credit for dispatches belong * Act IX. in this collection. Ante pa. 301 arranged as act V. of Nov. 1645. ing to and executing their offices and places, And that their accounts for execution of their places be pleadable and recoverable, any thing in this act to the contrary notwithstanding. ACT VIII. BE it enacted by the present Grand Assembly, That the 74th* act of the Grand Assembly held the 2d of March, 1643, lycenseing attorneys bee from henceforth repealed, and that the 7th act of the first sessions of this present Grand Assemblie be in full force and power. The 61st act of 1642 contornies repealed and the 7th act of cerning at. Nov. 1645, made perpe tual. ACT IX. WHEREAS it was enacted by the 8th act of the The 8th act first sessions of this present Grand Assembly, That of last session no sherriff should be compelled to receive any debts amended. or ffees of clerkes or fferrymens' wages or ffees of any other officers, which do not properly belong to their places, The secretaries and the clerke of the council's fees for the precedent years onely excepted, which act was grounded vpon the hopeful expectation of a currant coyne, to be made in the collony, which cannot be soe readily effected as was then expected, Wherefore this present Grand Assembly have thought fitt and accordingly enacted. That the sheriffs be com- What fees pelled to collect the secretaries and clerke of the coun- sheriffs to cil ffees, and the clerke or clerks belonging to the Go- collect. vernour and Council as formerly, But that they shall not otherwise receive the clerks of county courts their ffees or fferymens' wages without an allowance or sala ry for their paines, And this act to continue in force Continuance till there be an allowed coine made in the collony, any of this act. thing in the said act to the contrary notwithstanding. ACT X. WHEREAS by a certaine clause in the Xth act of Allowance to the first sessions of this present Grand Assem- jurors. bly concerning the county courts proceedings it was * Act LXI. of this collection. ↑ Act VIII. of this collection also. |