Be it further ordained by this General Assembly, and we doe by these presents enacte, that all contractes[244] made in England between the owners of lande and their Tenants and Servantes wch they shall sende[245] hither, may be caused to be duely[246] performed, and that the offenders be punished as the Governour[247] and Counsell of Estate shall thinke just and convenient.
Be it established also by this present Assembly that no crafty or advantagious means be suffered to be putt in practise for the inticing awaye the Tenants or[248] Servants of any particular plantation from the place where they are seatted. And that it shalbe[249] the duty of the Governor[250] & Counsell of Estate most severely to punishe both the seducers and the seduced, and to returne[251] these latter into their former places.
Be it further enacted that the orders for the Magazin[252] lately made be exactly kepte, and that the Magazin be preserved from wrong[253] and sinister practises, and that according to the orders of courte in Englande[254] all Tobacco and sassafras be brought[255] by the Planters to the Cape marchant till suche time as all the goods[256] nowe or heretofore sent for the Magazin be taken off their handes at the prices agreed on. That by this meanes[257] the some[258] going for Englande[259] with[260] one hande, the price thereof may be uphelde[261] the better. And to the ende that all the whole Colony may take notice of the last order of Courte made in Englande and all those whom it concerneth may knowe[262] howe[263] to observe it, we[264] holde it fitt to publishe it here for a lawe[265] among the rest of our lawes. The wch[266] order is as followeth:
Upon the 26[267] of October, 1618, it was ordered that the Magazin[268] should continue during[269] the terme formerly prefixed, and that certaine[270] abuses now complained of should be reformed, and that for preventing of all Impositions save the allowance of 25 in the hundred proffitt, the Governor[271] shall have an invoice as well as the Cape Marchant, that if any abuse in the sale of the[272] goods be offered, wee,[273] upon Intelligence and due examination thereof, shall see it correctede. And for the incouragement[274] of particular hundreds, as Smythe's hundred, Martin's hundred, Lawnes' hundred, and the like, it is agreed that what comodities are reaped upon anie of these General[275] Colonies, it shalbe lawefull for them to returne the same to their owne adventurers. Provided that the same[276] comodity be of their owne growing, wthout trading wth any other, in one entyre lumpe and not dispersed, and that at the determination of the jointe stocke, the goods then remaining in the Magazin[277] shalbe[278] bought by the said particular Colonies before any other goods wch shall be sente by private men. And it was moreover ordered that if the lady la warre, the Lady Dale, Captain Bargrave and the rest, would unite themselves into a settled[279] Colony they might be capable of the same priviledges that are graunted to any of the foresaid hundreds. Hitherto the order.
All[280] the general Assembly by voices concluded not only the acceptance and observation of this order, but of the Instruction also to Sir George Yeardley next preceding the same. Provided first, that the Cape Marchant do[281] accepte of the Tobacco of all and everie the Planters here in Virginia, either for Goods or upon billes of Exchange at three shillings the pounde the beste, and 18d the second sorte. Provided also that the billes be only payde in Englande. Provided, in the third place, that if any other besides the Magazin[282] have at any time any necessary comodity wch the Magazine doth wante, it shall and may be lawfull for any of the Colony to buye[283] the said necessary comodity of the said party, but upon the termes of the Magazin[284] viz: allowing no more gaine then 25 in the hundred, and that with the leave of the Governour. Provided lastely,[285] that it may be lawfull[286] for the Governr[287] to give leave to any Mariner, or any other person, that shall have any suche necessary comodity wanting to the Magazin[288] to carrie home for England so muche[289] Tobacco or other naturall comodities of the Country[290] as his Customers shall pay him for the said necessary comodity or comodities. And to the ende we may not only persuade and incite men, but inforce them also thoroughly and loyally to aire their Tobacco before they bring it to the Magazine,[291] be it enacted, and by these presents we doe enacte, that if upon the Judgement of power sufficient even of any incorporation where the Magazine[292] shall reside, (having first taken their oaths to give true sentence, twoe whereof to be chosen by the Cape Marchant and twoe by the Incorporation,) any Tobacco whatsoever shall not proove[293] vendible at the second price, that it shall there imediately be burnt before the owner's face. Hitherto suche lawes as were drawen out of the Instructions.
FOOTNOTES
[140] Monday, McDonald and Bancroft.
[141] Friday, McDonald.
[142] himselfe, McDonald and Bancroft.
[143] & indeavoured, McDonald.