FOOTNOTES

[294] 3rd, Bancroft.

[295] third, Bancroft.

[296] conceipte, McDonald and Bancroft.

[297] comittiees, McDonald.

[298] Capt., Bancroft.

[299] lewd, McDonald.

[300] Governour, McDonald and Bancroft.

[301] get, McDonald.

[302] General, McDonald.

[303] ag^st, McDonald.

[304] losse, McDonald and Bancroft.

[305] wantonnes, McDonald; wantonness, Bancroft.

[306] Governour, McDonald and Bancroft.

[307] McDonald omits the &; Bancroft, nor and.

[308] McDonald omits the all.

[309] certifie, Bancroft.

[310] failed, McDonald, Bancroft.

[311] himself, McDonald.

[312] stande, McDonald, Bancroft.

[313] Saturday, Bancroft.

[314] againe, McDonald, Bancroft.

[315] generall, McDonald, Bancroft.

[316] Martin, McDonald.

[317] unseemingly, Bancroft.

[318] things, McDonald, Bancroft.

[319] just, McDonald.

[320] in, McDonald.

[321] unwonted, McDonald.

[322] know, McDonald.

Wedensday, Aug. 4^th.

This daye (by reason of extream heat, both paste and likely to ensue, and by that meanes of the alteration of the healthes of diverse of the general Assembly) the Governour, who [323] himselfe also [324] was not well, resolved should be the last of this first session; so in the morning the Speaker (as he was required by the Assembly) redd over all the lawes and orders that had formerly passed the house, to give the same yett one reviewe [325] more, and to see whether there were any thing to be amended or that might be excepted againste. This being done, the third sorte of lawes w^ch I am nowe coming [326] to sett downe, were read over throughly [327] discussed, w^ch, together w^th the former, did now passe the laste and finall consente of the General [328] Assembly.

A third sorte of lawes, suche as may [329] issue out of every man's private [330] conceipte.

It shalbe free for every man to trade w^th the Indians, servants onely excepted, upon paine of whipping, unless the M^r will [331] redeeme it off w^th the payment of an Angell, one-fourth parte whereofe to go [332] to the Provost Marshall, one fourth parte to the discoverer, and the other moyty to the publique uses of the Incorporation.[333]

That no man doe [334] sell or give any of the greatter howes to the Indians, or any Englishe [335] dog of quality, as a mastive,[336] greyhound, bloodhounde, lande or water spaniel, or any other dog or bitche whatsoever, of the Englishe race, upon paine of forfaiting 5^s [337] sterling to the publique uses of the Incorporation where he dwelleth.

That no man do sell or give any Indians any piece shott or poulder, or any other armes, offensive or defensive, upon paine of being held a Traytour to the Colony, and of being hanged as soon as the facte [338] is proved, w^thout all redemption.[339]

That no man may go above twenty miles from his dwelling-place, nor upon any voiage whatsoever shalbe absent from thence for the space of seven dayes together w^thout first having made the Governo^r [340] or comaunder of the same place acquainted therw^th,[341] upon paine [342] of paying twenty shillinges [343] to the publique uses of the same Incorporation where the party delinquent dwelleth.

That noe man shall purposely goe to any Indian townes, habitations or places of resort [344] w^thout leave from the Governo^r [345] or comaunder [346] of that place where he liveth, upon paine of paying 40^s to publique uses as aforesaid.

That no man living in this Colony, but shall between this and the first of January nexte ensuing come or sende to the Secretary of Estate [347] to enter his own and all his servants' names, and for what terme or upon what conditions they are to serve, upon penalty of paying 40^s to the said Secretary of Estate.[348] Also, whatsoever M^rs or people doe [349] come over to this plantation that within [350] one month of their arrivall (notice being first given them of this very lawe) they shall likewise resorte to the Secretary of Estate [351] and shall certifie him upon what termes or conditions they be come hither, to the ende that he may recorde their grauntes and comissions, and for how long time and upon what conditions [352] their servants (in case they have any) are to serve them, and that upon paine of the penalty nexte above mentioned.

All Ministers in the Colony shall once a year, namely, in the moneth of Marche, bring to the Secretary of Estate a true account of all Christenings, burials and marriages, upon paine, if they faill, to be censured for their negligence by the Governo^r [353] and Counsell [354] of Estate; likewise, where there be no ministers, that the comanders of the place doe supply the same duty.

No man, w^thout leave of the Governo^r, shall kill any Neatt cattle whatsoever, young or olde, especially kine, Heyfurs or cow-calves, and shalbe [355] carefull to preserve their steeres [356] and oxen, and to bring them to the plough and such profitable uses, and w^thout having obtained leave as aforesaid, shall not kill them, upon penalty of forfaiting the value of the beast so killed.

Whosoever shall take any of his neighbours' boates, oares, or canoas w^thout leave from the owner shalbe held [357] and esteemed as a felon and so proceeded againste;[358] tho [359] hee that shall take away by violence or stelth any canoas or other thinges from the Indians shall make valuable restitution to the said Indians, and shall forfaict, if he be a freeholder, five pound; if a servant, 40^s, or endure a whipping; and anything under the value of 13^d [360] shall be accounted Petty larceny.

All ministers shall duely read divine service, and exercise their ministerial function according to the Ecclesiastical lawes and orders of the churche [361] of Englande, and every Sunday in the afternoon [362] shall Catechize suche as are not yet ripe to come to the Com.[363] And whosoever of them shalbe [364] found negligent or faulty in this kinde shalbe subject to the censure of the Govern^r and Counsell of Estate.

The Ministers and Churchwardens shall seeke to presente [365] all ungodly disorders, the comitters wherofe [366] if, upon goode [367] admonitions and milde reprooff,[368] they will not forbeare the said skandalous offenses,[369] as suspicions of whordomes,[370] dishonest company keeping with weomen and suche [371] like, they are to be presented and punished accordingly.

If any person after two warnings, doe [372] not amende [373] his or her life in point [374] of evident suspicion of Incontincy [375] or of the comission [376] of any other enormous sinnes,[377] that then he or shee be presented by the Churchwardens and suspended for a time from the churche by the minister. In w^ch Interim if the same person do [378] not amende and humbly submit [379] him or herselfe to the churche, he is then fully to be excomunicate and soon after a writt or warrant to be sent [380] from the Govern^r [381] for the apprehending of his person ande seizing on [382] all his goods. Provided alwayes, that all the ministers doe meet [383] once a quarter, namely, at the feast of S^t Michael the Arkangell, of the nativity of our saviour, of the Annuntiation of the blessed Virgine, and about midsomer, at [384] James citty or any other place where the Governo^r [385] shall reside, to determine whom it is fitt to excomunicate, and that they first presente their opinion to the Governo^r [386] ere they proceed to the acte of excomunication.

For reformation of swearing, every freeman and M^r of a family after thrise admonition shall give 5s or the value upon present [387] demaunde, to the use of the church where he dwelleth; and every servant after the like admonition, excepte his M^r dischardge [388] the fine, shalbe subject to whipping. Provided, that the payment of the fine notw^thstanding, the said servant shall acknowledge his faulte publiquely in the Churche.

No man whatsoever, coming by water from above, as from Henrico, Charles citty, or any place from the westwarde of James citty, and being bound for Kiccowtan,[389] or any other parte on this side,[390] the same shall presume to pass by, either by day or by night, w^thout touching firste here at James citty to knowe [391] whether the Governo^r [392] will comande him any service. And the like shall they performe that come from Kicawtan [393] ward, or from any place between this and that, to go upwarde, upon paine of forfaiting ten pound sterling a time to the Govern^r [394]. Provided, that if a servant having had instructions from his Master to observe this lawe,[395] doe, notw^thstanding, transgresse the same, that then the said [396] servant shalbe punished at the Govern^r's discretion; otherwise, that the master himselfe shall undergo the foresaid penalty.

No man shall trade [397] into the baye, either in shallop, pinnace, or ship, w^thout the Govern^r's [398] license, and w^thout putting in security that neither himself nor his Company shall force or wrong the Indians, upon paine that, doing otherwise, they shalbe censured at their returne by the Govern^or [399] and Counsell [400] of Estate.

All persons whatsoever upon the Sabaoth daye [401] shall frequente divine service and sermons both forenoon and afternoon, and all suche as beare armes shall bring [402] their pieces, swordes, poulder and shotte. And every one that shall transgresse this lawe shall forfaicte [403] three shillinges [404] a time to the use of the churche, all lawful and necessary impediments excepted. But if a servant in this case shall wilfully neglecte his M^r's comande he shall suffer bodily punishmente.

No maide or woman servant, either now resident in the Colonie or hereafter to come, shall contract herselfe in marriage w^thout either the consente of her parents, or of her M^r or M^ris, or of the magistrat [405] and minister of the place both together. And whatsoever minister shall marry or contracte any suche persons w^thout some of the foresaid consentes shalbe [406] subjecte to the severe censure of the Govern^r [407] and Counsell [408] of Estate.

Be it enacted by this [409] present assembly that whatsoever servant hath heretofore or shall hereafter contracte himselfe in England, either by way of Indenture or otherwise, to serve any Master here in Virginia and shall afterward, against [410] his said former contracte, depart from his M^r w^thout leave, or, being once imbarked, shall abandon the ship he is appointed to come in, and so, being lefte behinde, shall putt [411] himselfe into the service of any other man that will bring him hither, that then at the same servant's arrival here, he shall first serve out his time with that M^r that brought him hither and afterward also shall serve out his time [412] w^th his former M^r according to his covenant.