A third sorte of lawes, suche as may[332]
issue out of
every man's private[333]
conceipte.
It shalbe free for every man to trade wth the Indians, servants onely
excepted, upon paine of whipping, unless the Mr will[334]
redeeme it off wth
the payment of an Angell, one-fourth parte whereofe to go[335]
to the Provost
Marshall, one fourth parte to the discoverer, and the other moyty to the
publique uses of the Incorporation.
[336]
That no man doe[337]
sell or give any of the greatter howes to the
Indians, or any Englishe dog of quality, as a mastive,[338]
greyhound, bloodhounde,
lande or water spaniel, or any other dog or bitche whatsoever, of
the Englishe race, upon paine of forfaiting 5s[339]
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[340]
is proved,
wthout all redemption.[341]
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 wthout first having made the Governor[342]
or comaunder
of the same place acquainted therewth,[343]
upon paine[344]
of paying
twenty shillinges[345]
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[346]
wthout leave from the Governor[347]
or comaunder[348]
of
that place where he liveth, upon paine of paying 40s to publique uses as
aforesaid.
That no man living in this Colony, but shall between this and the first
of January next ensuing come or sende to the Secretary of Estate[349]
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 40s to the said
Secretary of Estate.[350]
Also, whatsoever Mrs or people doe[351]
come over to
this plantation that within[352]
one month of their arrivall (notice being first
given them of this very lawe) they shall likewise resorte to the Secretary of
Estate[353]
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[354]
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, bringe 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 Governor[355]
and Counsell[356]
of Estate; likewise,
where there be no ministers, that the comanders of the place doe supply
the same duty.
325 English, McDonald.
No man, wthout leave of the Governor, shall kill any Neatt cattle whatsoever,
young or olde, especially kine, Heyfurs or cow-calves, and shallbe[357]
carefull to preserve their steeres[358]
and oxen, and to bring them to the
plough and such profitable uses, and wthout 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
wthout leave from the owner shalbe held[359]
and esteemed as a felon and so
proceeded againste;[360]
tho[361]
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, 40s, or endure a whipping; and anything under the value of
13d[362]
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[363]
of Englande, and every Sunday in the afternoon[364]
shall Catechize
suche as are not yet ripe to come to the Com.[365]
And whosoever of
them shalbe[366]
found negligent or faulty in this kinde shalbe subject to the
censure of the Governr and Counsell of Estate.
The Ministers and Churchwardens shall seeke to presente[367]
all ungodly
disorders, the comitters wherofe[368]
if, upon goode[369]
admonitions and mild
reprooff,[370]
they will not forbeare the said skandalous offenses,[371]
as suspicions
of whoredomes,[372]
dishonest company keeping with weomen and
suche[373]
like, they are to be presented and punished accordingly.
If any person after two warnings, doe[374]
not amende[375]
his or her life in
point[376]
of evident suspicion of Incontincy[377]
or of the comission[378]
of any
other enormous sinnes,[379]
that then he or shee be presented by the Churchwardens
and suspended for a time from the churche by the minister. In
wch Interim if the same person do[380]
not amende and humbly submit[381]
him
or herselfe to the churche, he is then fully to be excomunicate and soon
after a writt or warrant to be sent[382]
from the Governr[383]
for the apprehending
of his person ande seizing on[384]
all his goods. Provided alwayes, that
all the ministers doe meet[385]
once a quarter, namely, at the feast of S
Michael the Arkangell, of the nativity of our saviour, of the Annuntiation
of the blessed Virgine, and about midsomer, at[386]
James citty or any other
place where the Governor[387]
shall reside, to determine whom it is fitt to
excomunicate, and that they first presente their opinion to the Governor[388]
ere they proceed to the acte of excomunication.
For reformation of swearing, every freeman and Mr of a family after
thrise admonition shall give 5s or the value upon present[389]
demaunde, to
the use of the church where he dwelleth; and every servant after the like
admonition, excepte his Mr dischardge[390]
the fine, shalbe subject to whipping.
Provided, that the payment of the fine notwthstanding, 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,[391]
or any other parte on this side,[392]
the same shall
presume to pass by, either by day or by night, wthout touching firste here
at James citty to knowe[393]
whether the Governor[394]
will comande him
any service. And the like shall they performe that come from Kicawtan[395]
ward, or from any place between this and that, to go upwarde, upon paine
of forfaiting ten pound sterling a time to the Governor[396]
. Provided, that
if a servant having had instructions from his Master to observe this lawe,[397]
doe, notwthstanding, transgresse the same, that then the faid[398]
servant
shalbe punished at the Governor's discretion; otherwise, that the master
himselfe shall undergo the foresaid penalty.
No man shall trade[399]
into the baye, either in shallop, pinnace, or ship,
wthout the Governr's[400]
license, and wthout 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 Gov-
ernor[401]
and Counfell[402]
of Estate.
All persons whatsoever upon the Sabaoth daye[403]
shall frequente divine
service and sermons both forenoon and afternoon, and all suche as beare
armes shall bring[404]
their pieces, swordes, poulder and shotte. And every
one that shall transgresse this lawe shall forfaict[405]
three shillinges[406]
a time
to the use of the churche, all lawful and necessary impediments excepted.
But if a servant in this cafe shall wilfully neglecte his Mr 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 wthout either the consente
of her parents, or of her Mr or Mrs, or of the magistrat[407]
and minister
of the place both together. And whatsoever minister shall marry or contracte
any suche persons wthout some of the forefaid consentes shalbe[408]
subjecte
to the severe censure of the Governr[409]
and Counsell[410]
of Estate.
Be it enacted by this[411]
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
[412]
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
[413]
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
[414]
w
th his former
M
r according to his covenant.
All these lawes being thus concluded and confented to as aforesaide[415]
Captaine Henry Spellman[416]
was called to the barre to answere to certaine
misdemeanors layde to his chardge by Robert Poole, interpretour, upon his
oath (whose examination the Governor sente into England in the Prosperus),
of wch accusations of Poole some he acknowledged for true, but the
greattest[417]
part he denyed. Whereupon the General[418]
Assembly, having
throughly heard and considered his speaches, did constitute this order following
against him:
