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Capt. Henry Fleet in satisfaction of his charge and disbursement shall receive the summe of 15000 lb. of tob'o. to be likewise raysed at the next Leavie, Provided allwayes that in case he do not effect the aforesaid intended peace with Oppechankeno or his Indians our enemies, that then he shall beare all such charges and disbursements without any consideration or satisfaction from the publique, And if it shall soe happen that a peace may not or cannot be concluded, that then they. the said Fleet and Poythers shall erect and biuld a forte in any convenient place in Rappahannock River, or before if they shall soe think fitt, And follow such further instructions as shall be given them, by this Grand Assembly or the Governour and council.

ACT XIX.

BE it enacted by the Governour, Council and Burgesses of this present Grand Assembly that no merchant whatsoever shall retayle wine or strong waters within the corporation of James Cittye or the Island, And that no ordnary keeper that shall be licensed for the retayling of wines or other strong liquors do exceed the rates and prices allreadie sett therevpon, or sophisticate the same vpon penalty of such fyne to be imposed vpon them by the commissioners of the County courts respectively as they shall thinke fitt.

ACT XX.

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BE it enacted by the authoritie aforesaid, That the Former act 8th act of the Grand Assembly held the first of March, repealed. 1643, requireing all lead to be melted and imployed for the making of shott be from henceforth repealed and made void.

ACT XXI.

Sheriffs may

BE it enacted by this present Grand Aseembly and When levies The authority of the same, That all levies that shall payable. accrew due from the publique shall be satisfied by distrain. the last of November following, And in case of non

No levies to be raised but by a grand assembly.

payment that the sherriffs be enabled to make seizure of the tob'o. of the delinquents which in all probability will not be disposed of before that time whereby the publique credit may be better preserved and the creditors fully satisfied in kind: And further it is enacted and confirmed that no leavies be raised within the collony but by a Generall Grand Assembly.

Captains of

forts pressing tools &c.

to return them to the owners or be liable.

ACT XXII.

BE it enacted by this Grand Assembly, That if any of the Capts. of the severall forts respectively, shall at any time presse any necessary tooles from the inhabitants for the publique service and not returne the same againe, that then they the said Capts. or any of them shall for such default be liable to make the own. ers satisfaction for the tooles soe pressed, vpon complaint made to any county court, and that they shall seek their releife from the publique.

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ACT XXIII.

WHEREAS his ma'tie by vertue of his hignesse writ vnder his signet and signe manuall dated the 4th of October, 1644, hath comanded that some course be taken, for the allowance and confirmation of a salary to Capt. Robert Morrison Leift. of the fort att Poynt Comfort, to be paid out of his ma'ties treasurie, It is therefore thought fit and accordingly enacted by the Governour, Council and Burgesses of this present Grand Assembly, That the quitt rents and rents by leases now vnreceived for Northampton county from time to time be paid vnto the said Capt. Morrison or his assignes during his continuance in the said office, The rents of which said county the said Capt. Morrison hath accepted as a sufficient recompence for his entertainment and salary, And all acco'ts. and orders both for collection and distresse to extend as well to the said Morrison or his agents as well as to the trea surer, any thing in the 17th act of this first sessions of Assembly to the contrary notwithstanding.

ACT XXIV.

Commis's to

go to Mary.

land to de

mand certain persons who

had removed thither.

WHEREAS Leift Nicho: Stillwell and others of this collony have secretly conveyed themselves to Maryland or Kent; And divers other ingaged persons likely to follow, if timely prevention be not had therein, Be it therefore enacted, That Capt. Tho: Willoughby, Esq. and Capt. Edward Hill be hereby authorised to go to Maryland or Kent to demand the returne of such persons who are allreadie departed from the collony, And to follow such further instructions as shall be given them by the Governour and Council, and that a proclamation do forthwith issue from the Governour and Council to prohibitt the further departure of Penalty for any the inhabitants of the collony, Vpon penaltie of se- from the veere censure to be inflicted by the Governour and colony withCouncil.

departing

out leave.

ACT XXV.

BE it enacted by this present Grand Assembly that the county of of Vpper Norff: be from henceforth nominated and called the County of Nansimum.

WILLIAM BERKELEY.

Name of Up.

per Norf. changed to

Nansimum county.

ATT

ATT A

GRAND ASSEMBLY

BEGUNNE AT JAMES CITTIE THE 5TH OF ОСТОВЕН,

1646.

from which the

The MS. [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.]

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

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Elizabeth Citty

Yorke

Warwicke

Lower Norff.

Northampton

Nansimund*

Mr. John Robbins,

Mr. Hen: Ball,

S Mr. Hugh Gwin,
Mr. Wm. Luddington.

Mr. Tho. Taylor,
Mr. Randall Crew,
Mr. John Walker.

Mr. Edw. Lloyd,
Mr. Tho. Meares,
Mr. Robert Eyres.

S Mr. Edward Douglas,
Mr. Thomas Johnson.
S Mr. Edward Major,
Mr. Sam. Stoughton,

ACT I.

Treaty of peace with Necotow

Art. 1. BE it enacted by this Grand Assembly, That the articles of peace foll: between the inhabitants of this collony, and Necotowance King of the Indians bee duely & inviolably observed vpon the penaltie the Indians. within mentioned as followeth :

ance, king of

He acknow

ledges to kingdom of the king of

hold his

England.

His succes

sors appointed

Imp. That Necotowance do acknowledge to hold his kingdome from the King's Ma'tie of England, and that his successors be appointed or confirmed by the King's Governours from time to time, And on the other side, This Assembly on the behalfe of the collony, doth, vndertake to protect him or them against any rebells or other enemies whatsoever, and as an acknowledgment and tribute for such protection, the said Necotowance and his successors are to pay vnto the King's Govern'r. Tribute. the number of twenty beaver skins att the goeing away of Geese yearely.

Art. 2. That it shall be free for the said Necotowance and his people, to inhabit and hunt on the north

* Formerly "Upper Norfolk," and changed to "Nausimum," by the last act of the preceding session.

t The articles of this treaty are numbered in the margin in the MS.

or confirmed by the Go

vernor.

Indians to dwell on north side of York river.

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