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sue in the
cill and Burgesses, That at the said prefixed day of the first of September and from that day and not before it shall be free and lawfull for any of the inhabi
tants to remove themselves and their familys to the aPatents to is. foresaid north side of Charles River and Rappahanock
River; And that in the mean time it shall be free and mean time.
Act declar. lawfull for all persons haveing right to lands to make ing it felony survey and take out patents for land vpon the said plato go to the
ces: And it is further thought fitt, That the act orCharles ri.
deining it to be ffelony to goe to the north side of ver repeuled. Charles River be repealed and made void : Provided Proviso as to that it shall not be lawfull for any person or persons to killing wild
kill any wild cattle or hoggs vpon the said north side hogs. without licence, first obteined from the Govrnour for
theire soe doing.
north side of
WHEREAS through the default of some parliable for its
ticular counties in payment of leavies, It bath ofproportion of public taxes. ten happened that the burden of taxes hath been aug
mented to the rest of this collonie who had formerly discharged whatever was due from them, ffor prevention of the like grievance hereafter, It is enacted, that every particular county shall be responsible to the publique for all arrers ffor which the sherriffs or collectors
have taken bill or have otherwise made debts to the Commiss'rs. may distrain,
vse of the country; And that the said bill or other asor take the surances of debts aforesaid be delivered vp to the cobody of de
missioners of the county respectively, who are hereby linquent in execution.
authorized to distreine vpon the debtors, or as they County to be shall find cause to imprison their persons in case of re. Te-assessed to make good
fusall or non-payment, As also what the debtor shall insolvencies, be found insolvent, that then the said commiss'rs. doe but po insol rate the county per poll, according to custome for the allowed a
satisfying of the said arrears, And that no arreres to gainst the the publique de preterito be allowed, but the persons public.
or counties as aforesaid defaulting be liable thereto.
A guard of 10 men alhowed the
VPON consideration had of some treacherous ai. tempts threatened by the salvages towards the person of the Gov'r, wherevnto he is dayly exposed by
Yeason of their frequent resort to him vpon pretence gov. in con of publique negotiations, as also being sensible of the sequence of many disaffections to the government from a schisma- tempts upon ticall party, of whose intentions our native country of his life, by England hath had and yet hath too sad experience, and who visit also for many other reasons appearing of weighty re- him on pregard to this Assembly, It is thought fit and enacted, tence of ne. Îhat the Govern'r. will please to presse ten able men also frm the with arms and amunition competent to attend vpon bim disaffection as a guard to his person and to employ them in such to the go. services, either in publique or private affaires as he manifested shall think fitt, and that for their salary or wages of by a schismaeach person there be leavied two thousand pounds of
here and in tobacco, in toto 20000 lb. of tob'o. from the publique England. the next year (vizt.) 1649.
THIS Assembly haveing knowledge that divers Recital of the persons vpon occasion of a presse of souldiers by the people, warrant from the Govern'r, or by order from the Gov'r. that the pressand council out of a mistake in opinion do conceive ing of solditheir liberties and the lawes of the collonie thereby in- gov. & counfringed and themselves, particularly injured, the au- cil without thority of an Assembly not concurring therein. It is bly, is an intherefore thought fitt not by law to establish, but to de- fringement clare the judgment of this Assembly vppon pervsall of on their lihis Ma'ts. comission and instructions that by vertue The assemiof the said com’on and instructions full and ample pow- bly declare er is derived from his Majesty to the Governour and that such
power is deCouncil to make peace or warr, and as a necessary con- rived from sequent to levy or presse men or other provisions for the king by the warr vpon any emergent occasion to which power commission in the comission litterally expressed, we may not pre- & instructisume to conceive that any act of Assembly can add ons to the go. strength or vigor, but that all his Ma’ts. subjects are in
that they loyaltie and in due obedience to his sacred Ma’tie. ob- ought to acliged therevnto : And we ought humbly to acknow- knowledge ledge bis Majesties royal care of his subjects in estab- royal care for lishing such a power wherein are naturally placed so establishing many conceruments to the peace and safety of all good subjects, many accidents not admitting delay of time nor those slow motions of
such a pow
Tax on pro IT is enacted, That the act of Assembly which orperty abo
deined all leavyes hereafter to be made should be lished and taxes on tith. raised from lands, horses, mares, sheepe, &c. from able persons tithable persons, be hereby repealed and made void, it only retain
being onely intended for the better support of the warr ed.
and no longer to continue or bee in force, And in stead thereof it is enacted, according to custome heretofore vsed all leavyes be hereafter raised vpon tithable persons by the poll.
BĚ it also enacted, That whereas through the great appointed at defaults and neglects of sherriffs in the publick collecthe last as
tion, the credit and reputation of the collonie hath sembly hav. ing perform been much blemished, the last Assembly did think fitt ed their du
to order that collectors in severall limits by them apties with integrity, col
pointed should for that year be authorized for the galectors a thering in and collecting the leavy, which this Assemgain to be ap- bly have found, vpon audit of their severall acco'ts. pointed
they have performed with great integrity, and to a very small matter duly discharged (some few excepted.) That there be collectors again appointed by the comissioners of the severall counties withiu such precincts and lymitts as they shall think fitt for the gathering in
and receiving of the leavye by this present Grand AsPower of sembly assessed, who are authorized with the same & distress.
the like power to distreine in case of non-payment as any sherriff or sherriffs by vertue of any act of Assembly might doe or vsually have done in the like cases, Provided that notwithstanding any thing in this act to
the contrary, That Mr. Nathaniel Littleton, Esquire, Collectors of and Mr. Edmond Scarbrough have the power of colmd E. City lecting the leavye of Northampton county; and Mr.
Anthony Elliot for Elizabeth county, from whom the
Clerks of IT is enacted and vnanimously agreed upon by this co ty courts present Grand Assembly, That each clerke of courts their acco'ts. shall produce his gene'll. acco'ts. to the said court, and to their reafter their approbation, their dues shall be seized on by
spective the collectors by way of distresse in case they deny being appro
courts, and paymentThey paying the collectors for receiving ved by the their tobacco at the rate of tenn pounds per cent.
court, may WILLIAM BERKELEY. THO: HARWOOD.
be distrained for.
ACT IX. de * IT is enacted further by this present Grand Assem- Adjourament
of the assem. te bly, That the Assembly be adjourned vnto the tenth bly to the da day of ffebruary next, and the council are all enjoyned 16th of Feb. er det to be then present to attend there his Majesties service 1649-50.
and the affairs of the country. Im
HELD AT JAMES CITY THE 10TH DAY of OCTOBER,
Phe MS. from which the acts of this session were printed, is now in the library of Congress, at Washing. ton.
[From a MS. received from Edmund Randolph, Esq.
which was once the property of Sir John Randolph, who transmitted it to his son Þeyton Randolph, Esq. after whose death, it was purchased, with his library
, by Thomas Jefferson, Esq. from whom it was bors rowed by Edmund Randolph, Esq.]
The Burgesses names:
Mr. Walter Chiles,
Mr. Wm. Barret,
Mr. Geo: Read,
* CHARLES the 1st was beheaded on the 30th of January, 1649. From that period, the communwealth, in England, commenced; and it continued, under different modifications, till the restoration of Charles the 2d in 1660.-Oliver Cromwell was declared Protec: tor, on the 9th of January, 1654, and died, on the 13th of September, 1658.--His son Richard was nominated, by him, as his successor, and assumed the reins of government accordingly; but resigned them in 1659.-On the dissolution of the monarchy, in England, doubts existed, in this country, whether the powers of the governor and council, and of all the other officers of government deriving their appointments from them, were not extinct.—This, unquestionably, gave rise to one of the provisions of the first act of this session ; which made it highly penal to maintain such doctrine. The princi. dle was, however, solemnly recognized, by the first article of the convention entered into between the commissioners of the parliament of England, and the governor, council and burgesses of Virginia, on the 12th of March, 1651, “ That the former government, “ by the commission ard instructions was void and null,"It is observable, that the names of the governor and members of the coun. cil, are not prefixed to the acts of this session, as had been usual, in all the preceding ones; and the same rule obtained till the March session 1659-60. During the suspension of the regal government, in England, the governor and council of Virginia were chosen by the house of burgesses, for short periods, only. Some